reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-9 - DELEGATED DUTIES › Rule 150-9-.03 - Prohibited Use of Technologies by Dental Assistants

Current through Rules and Regulations filed through June 27, 2024
(1) General and expanded duty dental
			 assistants shall not utilize laser equipment and technology in the course of
			 the performance of their duties which are otherwise authorized by these
			 rules.
(2) General and expanded
			 duty dental assistants shall not utilize intraorally micro etching and/or air
			 polishing equipment and technologies in the course of the performance of those
			 duties otherwise authorized by these rules.
O.C.G.A. Secs.
				43-11-7 to
				43-11-9,
				43-11-80.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-11 - SPECIALTIES › Rule 150-11-.02 - Repealed

Current through Rules and Regulations filed through June 27, 2024
O.C.G.A. Secs.
				43-11-7,
				43-11-8,
				43-11-47.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-12 - FEES › Rule 150-12-.01 - Fees

Current through Rules and Regulations filed through June 27, 2024
(1) The required
			 fee must accompany the appropriate application as noted in the follow schedule.
			 All fees are considered paid only when received in the Office of the Department
			 of Community Health, payable to the Georgia Board of Dentistry:
(a) Application/Examination Fees:
1. Dental Application/Examination Fee-as
			 shown on the schedule of fees adopted by the Board;
2. Dental provisional licensure by
			 credentials Application/Examination Fee-as shown on the schedule of fees
			 adopted by the Board;
3. Dental
			 Re-examination Fee-as shown on the schedule of fees adopted by the
			 Board;
4. Public Health and Dental
			 Teacher Applications-as shown on the schedule of fees adopted by the
			 Board;
5. Conscious Sedation and
			 General Anesthesia Applications-as shown on the schedule of fees adopted by the
			 Board;
6. Dental Hygiene
			 Application/Examination Fee-as shown on the schedule of fees adopted by the
			 Board;
7. Dental Hygiene
			 provisional licensure by credentials Application/Examination Fee-as shown on
			 the schedule of fees adopted by the Board;
8. Dental Hygiene Re-examination Fee-as shown
			 on the schedule of fees adopted by the Board;
9. Dental Hygiene Temporary Permit-as shown
			 on the schedule of fees adopted by the Board;
10. Law and Rules Examination-as shown on the
			 schedule of fees adopted by the Board;
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-12 - FEES › Rule 150-12-.02 - Bad Checks

Current through Rules and Regulations filed through June 27, 2024
(1) It is the policy of the Board of
			 Dentistry to pursue its legal remedies under O.C.G.A. §
								16-9-20 when a bad check is issued
			 in payment of examination, license or renewal fees, application fees, or
			 similar fees, and to take such other action as is outlined in 150-12 and
			 regulations. Any person issuing a bad check will be subject to the service
			 charge as provided in O.C.G.A. §
								16-9-20(a)(2).
(2) If an applicant for licensure by
			 credentials issues a bad check to cover required licensure fees, such applicant
			 shall not be issued a license until the applicant has paid the appropriate fees
			 and the service charge. If a license is issued prior to determining that the
			 applicant issued a bad check, such license will be deemed to have been issued
			 in error and deemed not current unless the applicant pays the licensure fees
			 and service charge within ten (10) days after the applicant has received a
			 notice mailed by certified or registered mail. The applicant must pay the
			 licensure fees and the service charge by cashier's check or money
			 order.
(3) If a licensee attempts
			 to renew a license by the issuance of a bad check, the license will not be
			 renewed until the licensee pays all fees due including any applicable late
			 renewal fees plus the service charge. If the license is renewed and reissued to
			 the licensee prior to determination that the licensee issued a bad check, the
			 licensee will be notified by certified or registered mail that the renewed
			 license will be deemed not current unless the licensee remits all fees due for
			 renewal plus the service charge within ten (10) days after receipt of notice.
			 The licensee must pay the fees and service charge by cashier's check or money
			 order.
O.C.G.A. §§
									43-1-3,
				43-1-7,
				43-11-2.1,
				43-11-7,
				43-11-43,
				43-11-46,
				43-11-47,
				43-11-70,
				43-11-70.1,
				43-11-71.1,
				43-11-73,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-13 - SEDATION PERMITS › Rule 150-13-.01 - Conscious Sedation Permits

Current through Rules and Regulations filed through June 27, 2024
(1) When
			 the intent is minimal sedation (anxiolysis), which is defined as a minimally
			 depressed level of consciousness that retains the patient's ability to
			 independently and continuously maintain an airway with unaffected ventilatory
			 and cardiovascular function and respond normally to tactile and verbal
			 stimulation, a permit for conscious sedation is not required.
(a) When the intent is minimal sedation for
			 adults, the initial dosing is no more than the maximum recommended dose (MRD)
			 of a drug that can be prescribed for unmonitored home use. Nitrous oxide/oxygen
			 may be used in combination with a single enteral drug in minimal sedation. For
			 adults, supplemental dosing that may be necessary for prolonged procedures
			 should not exceed one-half of the initial drug dose and should not be
			 administered until the dentist has determined that the clinical half-life of
			 the initial dosing has passed. The total aggregate dose must not exceed 1.5x
			 the MRD on the day of treatment.
(b) The use of preoperative sedatives for
			 children (age 12 and under) except in extraordinary situations must be avoided
			 due to the risk of unobserved respiratory obstruction during transport by
			 untrained individuals. Children can become moderately sedated despite the
			 intended level of minimal sedation. Should this occur, the guidelines for
			 moderate sedation apply. For children, the American Dental Association supports
			 the use of the American Academy of Pediatrics/American Academy of Pediatric
			 Dentists Guidelines for Monitoring and Management of Pediatric Patients During
			 and After Sedation for Diagnostic and Therapeutic
			 Procedures.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-13 - SEDATION PERMITS › Rule 150-13-.02 - Deep Sedation/General Anesthesia Permits

Current through Rules and Regulations filed through June 27, 2024
(1) The
			 educational requirements for a permit to use deep sedation/general anesthesia
			 in Georgia shall be equal to those set forth in O.C.G.A. §
								43-11-21.1.
(2) The following guidelines shall apply to
			 the administration of deep sedation/general anesthesia in the dental office or
			 a site approved by the Board:
(a) When
			 administration of deep sedation/general anesthesia is provided by another
			 qualified dentist holding a current (Georgia) deep sedation/general anesthesia
			 permit or by a physician anesthesiologist, the operating dentist and the staff
			 must be certified in cardiopulmonary resuscitation at the basic life support
			 level given by a board-approved sponsor with an update not to exceed two years
			 per board Rules
			 150-3-.08,
			 150-3-.09,
			 150-5-.04, and
			 150-5-.05.
(b) When a certified Registered Nurse
			 Anesthetist (CRNA) is permitted to function under the direction and
			 responsibility of a dentist, administration of deep sedation/general anesthesia
			 by a CRNA shall require the operating dentist to have completed training in
			 deep sedation/general anesthesia, commensurate with these guidelines.
(c) A dentist administering deep
			 sedation/general anesthesia must document current successful completion of an
			 advanced cardiac life support (ACLS) course (or an appropriate
			 equivalent).
(d) All staff must be
			 certified in cardiopulmonary resuscitation at the basic life support level
			 given by a board-approved sponsor with an update not to exceed two years per
			 board Rules
			 150-3-.08,
			 150-3-.09,
			 150-5-.04, and
			 150-5-.05.
(e) Any dental hygienist or dental assistant,
			 expanded or general, performing phlebotomy or venipuncture procedures must be
			 in compliance with O.C.G.A. §
									43-11-23.
(f) A licensed dentist shall not delegate to
			 a dental assistant or a dental hygienist the administration of any medication
			 or drugs given to a patient through phlebotomy and venipuncture
			 procedures.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-13 - SEDATION PERMITS › Rule 150-13-.03 - Renewal of Conscious Sedation and Deep Sedation/ General Anesthesia Permits

Current through Rules and Regulations filed through June 27, 2024
(1) Conscious sedation and deep
			 sedation/general anesthesia permits shall be renewable biennially, on or prior
			 to December 31st of all odd-numbered years, and upon payment of the renewal fee
			 as provided in Rule
			 150-12-.01. The permit shall be
			 administratively revoked for failure to renew on July 1st of the following
			 even-numbered year. Permits, which have been administratively revoked, shall be
			 reinstated only in the discretion of the Board, upon completion of a
			 reinstatement application. The former permit holder may also be subject to an
			 on-site inspection prior to renewal of the permit.
(2) The dentist must be certified in
			 cardiopulmonary resuscitation at the basic and advanced levels and all support
			 personnel who provide direct hands-on patient care must be certified in
			 cardiopulmonary resuscitation at the basic life support level given by a board
			 approved provider with an update not to exceed two years.
(3) The dentist must take four (4) hours of
			 continuing education every 2 years to stay current on sedation/general
			 anesthesia techniques, patient risk assessment courses, new medications,
			 improved monitoring devices, and any other developing trends to insure that
			 current knowledge and competency are maintained so that sedation/general
			 anesthesia can be most safely provided. These four hours will be part of the
			 total forty (40) hour CE requirement.
(4) CPR, ACLS, and PALS are required to
			 rescue patients from untoward events and do count toward the total of forty
			 (40) CE hours every two years, but do not satisfy the four (4) hour CE
			 requirement referenced in subsection (3) above.
O.C.G.A §§
									43-11-1,
				43-11-7,
				43-11-8,
				43-11-21,
				43-11-21.1,
				43-11-46 and
				43-11-46.1.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-14 - DENTAL APPLICANCES, CAPS, COVERINGS, PROSTHESES AND COSMETIC COVERINGS › Rule 150-14-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Appliance"
			 means any fixed or removable structure which may or may not be made with an
			 impression of a human mouth or extraoral facial structures or any portion of
			 the human mouth, teeth, gums or jaw used to prevent adverse dental conditions,
			 including but not limited to changing the appearance of teeth, changing the
			 shape and shade of teeth, protect teeth, effecting the position of teeth or
			 repairing or replacing missing or damaged teeth. In addition, appliances shall
			 also include any device that gains a desired dental or medical result by using
			 the teeth or surrounding oral structures as support.
(2) "Cap" shall mean any fixed or removable
			 artificial structure created with a model or impression of a natural or
			 artificial tooth and used or worn as a covering on that natural or artificial
			 tooth.
(3) "Cosmetic covering"
			 means any fixed or removable artificial structure or product used or worn as a
			 covering on natural or artificial human teeth created with a model, impression
			 or any other measuring device including but not limited to computer assisted
			 design (CAD), of the human mouth or any portion thereof and used solely for
			 cosmetic purposes. Cosmetic covering shall include, but not be limited to, such
			 structures commonly known as "grills."
(4) "Covering" means any item that is used to
			 permanently or temporarily place over a natural or prosthetic tooth.
(5) "Dentist" shall mean an individual who is
			 licensed in this State pursuant O.C.G.A. §
								43-11-1(9).
(6) "Fabricate" means to create, design or
			 construct any structure, whether artificial or naturally occurring, defined by
			 this rule as a dental appliance, cap, covering, prosthesis or cosmetic
			 covering.
(7) "Prosthesis" means:
(a) Prosthesis: Artificial replacement of any
			 part of the human body.
(b) Dental
			 prosthesis: Any device or appliance replacing one or more missing teeth and/or,
			 if required, associated structures. This term includes but is not limited to
			 abutment crowns and abutment inlays/onlays, bridges, dentures, obturators, and
			 gingival prostheses.
(c) Definitive
			 prosthesis: Prosthesis to be used over an extended period of time.
(d) Fixed prosthesis: Non-removable dental
			 prosthesis that is solidly attached to abutment teeth, roots or
			 implants.
(e) Fixed-removable
			 prosthesis: Combined prosthesis, one or more parts of which are fixed, and the
			 other(s) attached by devices that allow their detachment, removal and
			 reinsertion by a dentist only.
(f)
			 Interim prosthesis: A provisional prosthesis designed for use over a limited
			 period of time.
(g) Removable
			 prosthesis: Complete or partial prosthesis, which can be removed and reinserted
			 by a patient.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-14 - DENTAL APPLICANCES, CAPS, COVERINGS, PROSTHESES AND COSMETIC COVERINGS › Rule 150-14-.02 - Fabrication of Dental Appliances, Caps, Coverings, Prostheses and Cosmetic Coverings is Practice of Dentistry

Current through Rules and Regulations filed through June 27, 2024
(1) The fabrication of any dental appliance,
			 cap, covering, prosthesis or cosmetic covering, as defined by this chapter, is
			 included in the practice of dentistry as defined by O.C.G.A. §
								43-11-17.
(2) No person shall fabricate any dental
			 appliance, cap, covering, prosthesis or cosmetic covering, as defined by this
			 chapter, unless he or she is licensed to practice dentistry or working under
			 the prescription of a licensed dentist. Nothing in this chapter shall prohibit
			 a physician licensed pursuant to Article 2, Chapter 34, Title 43 of the
			 Official Code of Georgia from performing any act within the scope of his or her
			 license.
(3) This rule shall not
			 apply to any structure that is used solely for theatrical purposes as defined
			 by this chapter.
O.C.G.A. Secs.
				43-11-1,
				43-11-7,
				43-11-8,
				43-11-17.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-14 - DENTAL APPLICANCES, CAPS, COVERINGS, PROSTHESES AND COSMETIC COVERINGS › Rule 150-14-.03 - Responsibility of Licensed Dentist

Current through Rules and Regulations filed through June 27, 2024
The dentist is responsible for the safety of the patient when
				he or she fabricates or directs any other person to fabricate and the dentist
				delivers any dental appliance, cap, covering, prosthesis or cosmetic covering
				under this chapter.
O.C.G.A. Secs.
				43-11-1,
				43-11-7,
				43-11-8,
				43-11-17.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-14 - DENTAL APPLICANCES, CAPS, COVERINGS, PROSTHESES AND COSMETIC COVERINGS › Rule 150-14-.04 - Administration of Injectable Pharmacologics

Current through Rules and Regulations filed through June 27, 2024
(a) For purposes of this rule, the term below
			 shall have the following meaning.
"Injectable pharmacologic" means any medication classified as a
				neurotoxin, adjuvant or therapeutic agent including, but not limited to,
				hyaluronic acid (such as Restylane), fillers (such as collagen), Botulinum
				Toxin Type A (such as Botox) or similar products that have been approved by the
				Federal Food and Drug Administration.
(b) No dentist shall administer an injectable
			 pharmacologic unless the minimum standards of training and procedure set forth
			 in this section are satisfied.
(c)
			 Administration of an injectable pharmacologic for the functional or cosmetic
			 enhancement of the gums, cheeks, jaws, lips, the oral cavity and associated
			 tissues is a procedure which can be performed by a dentist in connection with a
			 dental procedure in a dental treatment setting.
(d) A dentist may administer an injectable
			 pharmacologic only after having completed a Board-approved post-doctoral course
			 that is sufficient to prepare a dentist to satisfactorily administer injectable
			 pharmacologics safely and effectively, as provided in (f) below.
(e) Notwithstanding (d) above, a dentist
			 licensed in Georgia who has successfully completed an ADA accredited oral and
			 maxillofacial surgery advanced specialty education program shall not be
			 required to complete the Board-approved course set forth in (f) below prior to
			 administering injectable pharmacologics.
(f) In order to obtain Board approval for a
			 course on injectable pharmacologics, a course provider shall submit a course
			 outline, including course content and objectives and the curriculum vitae of
			 the instructor(s), for Board review and approval. The course outline shall
			 indicate whether the training is visual, hands-on or lecture. An approved
			 course shall be at least 21 hours in length and shall include advanced
			 instruction in the following:
1. Anatomy of
			 head and neck;
2. Neurophysiology,
			 including facial tissues, parasympathetic, sympathetic and peripheral nervous
			 systems relative to peri-oral tissue, and facial architecture;
3. Patient selection, including indications
			 and contraindications;
4.
			 Pharmacological effects and contraindications, including potential drug
			 interactions; and
5. Management of
			 complications.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.01 - Scope and Application of These Rules

Current through Rules and Regulations filed through June 27, 2024
The following Rules govern procedure in "contested cases" as
				that term is defined in the Georgia Administrative Procedure Act (O.C.G.A.
				50-13-2(2)) and
				which are conducted before the Board of Dentistry. Additional Rules in
				subsequent chapters may also apply.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				43-11-47,
				50-13-2,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.02 - Docket

Current through Rules and Regulations filed through June 27, 2024
(1) The Executive
			 Director shall keep a book known as a docket, which shall be arranged by a
			 sequential numbering system for each case or other matter and shall show for
			 each case or matter, as permitted by law, all proceedings, actions and
			 filings.
(2) The Executive Director
			 shall keep a docket index by both docket number and alphabetical list of the
			 names of the respondents in all proceedings.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.03 - Office Hours

Current through Rules and Regulations filed through June 27, 2024
The offices of the Board of Dentistry shall be open from 8:00
				a.m. to 5:00 p.m. each weekday, except State legal holidays.
O.C.G.A. §§
									43-11-7.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.04 - Communications

Current through Rules and Regulations filed through June 27, 2024
All communications, including correspondence, motions, and
				pleadings, shall be filed with the Executive Director, Board of Dentistry, 2
				Peachtree Street, 36th Floor, Atlanta, GA 30303. Copies shall be furnished to
				all parties of record, including the attorney representing the State. An
				original of all correspondence, motions, and pleadings shall be filed with the
				Executive Director and shall comply in all respects with Rule
				150-18-.04.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.05 - Date of Filing

Current through Rules and Regulations filed through June 27, 2024
All communications, correspondence, motions and pleadings in
				any proceedings shall be deemed to be filed or received on the date on which
				they are actually received and docketed by the Board of
				Dentistry.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.06 - Computation of Time

Current through Rules and Regulations filed through June 27, 2024
Computation of any period of time referred to in these rules
				shall begin with the first day following that on which the act which initiates
				such period of time occurs. When the last day of the period so computed is a
				day on which the office of the Board of Dentistry is closed, the period shall
				run until the end of the following business day. When such period of time, with
				the intervening Saturdays, Sundays and legal holidays counted, is ten (10) days
				or less, the said Saturdays, Sundays and legal holidays shall be excluded from
				the computation; or otherwise such days shall be included in the
				computation.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.07 - Extension of Times

Current through Rules and Regulations filed through June 27, 2024
It shall be within the discretion of the Board or its designee
				to extend, for good cause shown, any time limit prescribed or allowed by these
				rules. All requests for an extension should be made by a motion in accordance
				with 150-17-.01 and
				shall indicate therein whether all parties concur. The Board or its designee
				shall notify all parties of its action upon the motion. Extension shall be
				granted only when the Board or its designee is satisfied that good cause has
				been shown and not otherwise.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.08 - Signatures

Current through Rules and Regulations filed through June 27, 2024
Every notice, pleading, petition, motion or other document
				filed by a party, represented by an attorney, shall be signed by at least one
				attorney of record in his/her individual name. His/her address, e-mail address,
				telephone number, and representative capacity shall be stated. A party who is
				not represented by an attorney shall sign his pleading and state his address,
				e-mail address, and telephone number. Except when otherwise specifically
				provided by rule or statute, pleadings need not be verified or accompanied by
				affidavit. The signature of an attorney constitutes a certificate by him/her
				that s/he has read the pleading, and that it is not interposed for harassment
				or delay.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.09 - Ex-parte Communication

Current through Rules and Regulations filed through June 27, 2024
No person not employed by the Board of Dentistry shall
				communicate
ex-parte
with any member of the Board of Dentistry
				involved in the decisional process with respect to the merits of a contested
				case. If any
ex-parte
communication is directed to any person
				in violation of these rules, the Board or its designee and all other parties
				shall be immediately informed of the substance of the communication and the
				circumstances of its receipt; provided, that a request for information with
				respect to the status of a proceeding shall not be prohibited by this
				section.
O.C.G.A. §§
									43-11-7,
				50-13-3.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-15 - GENERAL INFORMATION › Rule 150-15-.10 - Petition for Promulgation, Amendment, or Repeal of Rules

Current through Rules and Regulations filed through June 27, 2024
(1) Form of Petition. Each petition for
			 promulgation, amendment or repeal of rules made pursuant to the Georgia
			 Administrative Procedure Act shall be filed with the Board of Dentistry. The
			 petition shall be in writing and shall state:
(a) The name and address of the
			 petitioner;
(b) The full text of
			 the rule requested to be amended or repealed, or the full text of the rule
			 desired to be promulgated;
(c) A
			 statement of the reason such rule should be amended, repealed, or promulgated
			 including a statement of all pertinent existing facts which relate to
			 petitioner's interest in the matter;
(d) Citations of legal authority, if any,
			 which authorize, support, or require the action requested by petition. The
			 petition shall be verified under oath by or in proper behalf of the
			 petitioner.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-16 - PLEADINGS › Rule 150-16-.01 - Initial Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing in a contested case shall be
			 commenced by the Board's filing of a notice of hearing directed to the
			 respondent or respondents.
(2)
			 Every pleading or other paper submitted for filing in a contested case, to the
			 extent possible, shall contain the following:
(a) A title which indicates the nature of the
			 proceeding and the parties involved therein;
(b) The name of the Board;
(c) A short and plain statement of the nature
			 of the pleading (e.g. Answer, Motion for Continuance, etc.);
(d) In addition, the notice of hearing shall,
			 to the extent possible, contain the following:
1. A short and plain statement of the matters
			 asserted or the issues involved;
2.
			 A clear and concise statement of the laws involved;
3. A notice of the rights of the person to
			 whom the notice of hearing is directed;
4. A statement that an answer to the matters
			 asserted is required; and
5. Any
			 other information required by law or deemed appropriate by the Board.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-16 - PLEADINGS › Rule 150-16-.02 - Answer

Current through Rules and Regulations filed through June 27, 2024
The party to whom a notice of hearing is directed must file
				with the Board an answer within fourteen (14) days after service of the notice
				of hearing. All allegations contained in the notice of hearing which are not
				specifically admitted are deemed denied.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-16 - PLEADINGS › Rule 150-16-.03 - Replies

Current through Rules and Regulations filed through June 27, 2024
A reply to the answer shall not be permitted and any new
				matters asserted in the answer shall be deemed denied.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-16 - PLEADINGS › Rule 150-16-.04 - Amendments

Current through Rules and Regulations filed through June 27, 2024
Any party, including the Board, may amend any pleading or
				notice without leave until the eighth day prior to the date set for the hearing
				on the matter. Thereafter a party may amend his pleadings only by leave of the
				Board or its designee and leave shall be freely given when justice so requires.
				If an amendment is made to a notice of hearing, the answer to said amended
				notice shall be filed within seven (7) days after service of the amended
				notice, unless otherwise ordered by the Board or its
				designee.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-16 - PLEADINGS › Rule 150-16-.05 - Date of Filing

Current through Rules and Regulations filed through June 27, 2024
All communications, correspondence, motions and pleadings in
				any proceedings shall be deemed to be filed or received on the date on which
				they are actually received and docketed by the Board of
				Dentistry.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-3,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-17 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 150-17-.01 - Motions: Written and Oral

Current through Rules and Regulations filed through June 27, 2024
(1) An application to the Board for an order
			 to take any action or to enter any order shall be made by motion which, unless
			 made during the hearing, shall be made in writing, shall state specifically the
			 grounds therefor, and shall set forth the action or order sought. A copy of all
			 written motions shall be served upon the parties in accordance with Chapter
			 150-18.
(2) A motion for a
			 continuance or an extension of time shall be ruled upon by the Board or its
			 designee forthwith. All other motions shall be ruled upon by the Board or its
			 designee at the outset of the hearing, after an opportunity for argument by the
			 parties; provided, however, that the Board or its designee may establish a
			 hearing schedule and dispose of motions. The Board or its designee may request
			 briefs in support of or in opposition to any motion.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				43-11-47,
				50-13-3,
				50-13-13,
				50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-17 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 150-17-.02 - More Definite Statement

Current through Rules and Regulations filed through June 27, 2024
A motion for more definite statement shall be filed and ruled
				upon pursuant to
				150-17-.01.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-17 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 150-17-.03 - General Procedures

Current through Rules and Regulations filed through June 27, 2024
Proceedings before the Board shall be conducted as
				expeditiously as possible, with due regard to the rights of the parties. In
				contested cases before the Board of Dentistry upon issuance of a notice of
				hearing, the procedures set forth in this chapter and Chapters 150-15 through
				Chapter 150-24 shall enable the parties to obtain relevant information needed
				for preparation of the case, to the extent that such disclosure is authorized
				by law.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-3,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-17 - MOTIONS AND PRE-HEARING PROCEDURES › Rule 150-17-.05 - Pre-Hearing Discovery

Current through Rules and Regulations filed through June 27, 2024
Except as may be expressly authorized by these Rules or by
				statute, no other forms of prehearing discovery shall be authorized or
				permitted including, but not limited to, interrogatories and requests for
				production of documents and other materials.
O.C.G.A. §§
									43-11-7,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-18 - SERVICE › Rule 150-18-.01 - By the Board

Current through Rules and Regulations filed through June 27, 2024
(1) Service of the notice of hearing, initial
			 decision and final order shall be served personally upon the licensee or
			 applicant or served by certified mail or statutory overnight delivery, return
			 receipt requested, to the last known address of record with the
			 Board.
(2) All other notices,
			 pleadings, orders, motions and other documents shall be personally served upon
			 the licensee or applicant or served by certified mail or statutory overnight
			 delivery, return receipt requested, to the last known address of record with
			 the Board.
(3) If such materials
			 are served by certified mail or statutory overnight delivery and are returned
			 marked "unclaimed" or "refused" or is otherwise undeliverable, and if the
			 licensee or applicant cannot, after diligent effort, be located, the Executive
			 Director or his or her designee, shall be deemed the agent of service for such
			 licensee or applicant, and service upon the Executive Director or his or her
			 designee shall be deemed service upon the licensee or applicant.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-3,
				50-13-13,
				50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-18 - SERVICE › Rule 150-18-.02 - Service On All Parties

Current through Rules and Regulations filed through June 27, 2024
A copy of the answer and all other pleadings, notices, motions,
				briefs, memoranda and other documents filed by any party with the Executive
				Director shall be served upon all other parties to the proceeding, including
				counsel for the Board, by personal delivery or by certified mail, return
				receipt requested.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-18 - SERVICE › Rule 150-18-.03 - To Party's Attorney

Current through Rules and Regulations filed through June 27, 2024
Service upon a party's attorney shall be deemed service upon
				the party.
O.C.G.A. §§
									43-1-3,
				43-11-7,
				50-13-13,
				50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-18 - SERVICE › Rule 150-18-.04 - Filing of Pleading

Current through Rules and Regulations filed through June 27, 2024
(1) A party filing a document or other
			 submission with the Board shall simultaneously serve a copy of the document or
			 submission on each party of record. Service shall be by personal delivery,
			 e-mail as an attachment, first-class mail, certified mail, or statutory
			 overnight delivery, return receipt requested.
(2) A pleading subsequent to the Notice of
			 Hearing shall not be entitled to filing unless accompanied by an
			 Acknowledgement of Service from the person served, by his or her authorized
			 agent for service, or by a certificate of service stating the date, place, and
			 manner or service, as well as the name and address of the person(s)
			 served.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-3,
				50-13-13,
				50-13-18.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-19 - INTERVENTION › Rule 150-19-.01 - Intervention

Current through Rules and Regulations filed through June 27, 2024
(1) Any person
			 desiring to intervene pursuant to O.C.G.A. §
								50-13-14 shall file a motion in
			 accordance with Rule
			 150-17-.01 and
			 150-18-.04.
(a) Such a motion can be made where a statute
			 grants the movant an unconditional right to intervene or when representation of
			 the movant's interest is or may be inadequate to protect that
			 interest.
(b) Such a motion can
			 also be made where a statute grants the person a conditional right to intervene
			 or where the movant's claim or defense and the main action have a question of
			 law or fact in common.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-20 - EVIDENCE; SUBPOENAS › Rule 150-20-.01 - Evidence on Hearings

Current through Rules and Regulations filed through June 27, 2024
Unless otherwise provided by these rules, in all hearings, the
				testimony of witnesses shall be taken orally before the Board or its designee
				and presentation of all documentary and other evidence shall be done before the
				Board or its designee.
O.C.G.A. §§
									43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-20 - EVIDENCE; SUBPOENAS › Rule 150-20-.02 - Evidence on Motions

Current through Rules and Regulations filed through June 27, 2024
When a motion is based on facts not appearing of record, the
				Board or its designee may hear the matter on affidavits presented by the
				respective parties, but the Board or its designee may direct that the matter be
				heard wholly or partly on oral testimony.
O.C.G.A. §§
									43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-20 - EVIDENCE; SUBPOENAS › Rule 150-20-.03 - Objections and Exceptions

Current through Rules and Regulations filed through June 27, 2024
Any objections and exceptions must be made on the record, and
				at a minimum, must make clear to the Board or its designee the action which
				s/he desires taken and the grounds therefor.
O.C.G.A. §§
									43-11-7,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-20 - EVIDENCE; SUBPOENAS › Rule 150-20-.04 - Subpoena

Current through Rules and Regulations filed through June 27, 2024
(1) In contested
			 cases, subpoenas shall be issued without discrimination between public and
			 private parties. At any time after issuance of the Notice of Hearing, and prior
			 to the scheduled date for the hearing, the parties may request the issuance of
			 subpoenas by filing a written request with the Executive Director, in
			 accordance with Rule
			 150-15-.04, with appropriate service
			 on the opposing party or counsel. Subpoena requests shall state the name and
			 complete address of the person to whom it is directed.
(2) Subpoenas issued pursuant to a request in
			 accordance with Rule
			 150-20-.04(1) shall
			 not be issued in blank. Every subpoena issued by the Executive Director shall
			 state the name of the Board of Dentistry and the title of the action, and shall
			 command each person to whom it is directed to attend and give testimony at the
			 hearing at a time and place therein specified, or to produce documents for
			 examination at the hearing, or both.
(3) If such a subpoena is directed to any
			 member, investigator, employee, or other agent or representative of the Board,
			 including experts retained by the Board for purposes of the particular case,
			 production of documentary evidence from the Board or investigative file of the
			 applicant or licensee and the taking of testimony at the hearing from such
			 person or persons shall be governed by applicable provisions in the Dental
			 Practice Act,
(4) The party
			 requesting the issuance of the subpoena shall be responsible for serving the
			 same and paying the cost of securing the attendance of witnesses, in the same
			 manner as prescribed by law in civil cases in superior court.
O.C.G.A. §§
									43-1-3,
				43-11-2.1,
				43-11-7,
				43-11-13,
				43-11-14,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-21 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 150-21-.01 - Taking of Testimony by Deposition

Current through Rules and Regulations filed through June 27, 2024
(1) At any time during the course of the
			 proceeding, the Board or its designee may, in his discretion, permit the
			 testimony of a witness to be taken by deposition. Application to take testimony
			 by deposition shall be made in writing and shall be filed with the Executive
			 Director of the Board and served upon all parties to the proceedings, including
			 counsel for the Board.
(2) The
			 application shall state the name and address of the witness, the subject matter
			 concerning which the witness is expected to testify, the date, time and place
			 of the proposed deposition, and the reason why the witness cannot appear and
			 testify before the Board. The Board or its designee may, in his, her or its
			 discretion, allow the application where the circumstances are such that the
			 witness to be deposed cannot appear before the Board without substantial
			 hardship to the deponent or to the parties to the case or that testimony by any
			 other method will unduly delay expeditious completion of the proceedings. An
			 application for the taking of testimony by deposition shall not be allowed if
			 the deposition would result in any undue burden to another party or any undue
			 delay of the proceedings. If the application is allowed, the Board or its
			 designee should give notice of the taking of the testimony by deposition to all
			 parties.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-21 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 150-21-.03 - Taking of Testimony by Interrogatory

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by interrogatory shall be made
				and allowed in the same manner as prescribed in Rule
				150-21-.01.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-21 - TAKING OF TESTIMONY BY DEPOSITION OR INTERROGATORY › Rule 150-21-.04 - Taking of Testimony by Telephone

Current through Rules and Regulations filed through June 27, 2024
Application to take testimony by telephone shall be made and
				allowed in the same manner as prescribed in Rule
				150-21-.01.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13,
				50-13-15.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-22 - HEARINGS › Rule 150-22-.01 - Notice of Hearing

Current through Rules and Regulations filed through June 27, 2024
For a hearing held directly before the Board, the Board shall
				notify all parties of record of the date, time and place of the hearing in the
				manner as provided by law and these Rules.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-22 - HEARINGS › Rule 150-22-.02 - Conduct of the Hearing

Current through Rules and Regulations filed through June 27, 2024
(1) The hearing shall be conducted by the
			 Board or an administrative law judge (ALJ) appointed by the Office of State
			 Administrative Hearings (OSAH).
(2)
			 Duties of the Board or its designee. The Board or its designee shall have the
			 authority to do the following: to administer oaths and affirmations; rule upon
			 offers of proofs; regulate the course of the hearing; set the time and place
			 for continued hearings; fix the time for filing briefs and memoranda; dispose
			 of motions; and reprimand or exclude from the hearing any person for any
			 indecorous or improper conduct committed in the presence of the Board or its
			 designee.
(3) Sworn Testimony. All
			 testimony given at the hearing shall be under oath administered by the Board or
			 any person designated by the Board.
(4) Order of Presentation. The State, or in a
			 proper case a moving or complaining party, shall present its evidence or
			 testimony first. Where there is more than one moving or complaining party, the
			 order of presentation shall be at the discretion of the Board. After all of the
			 evidence and testimony of the State, or the moving or complaining party, has
			 been received, all other parties shall be allowed to present their evidence or
			 testimony. All parties, other than the party introducing the testimony, shall
			 be allowed to cross-examine any witness immediately after his testimony has
			 been received. The State, or the moving or complaining party, shall be allowed
			 to present rebuttal testimony or evidence if it so desires.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				43-11-47,
				50-13-13,
				50-13-15,
				50-13-41.
Compilation of Rules and Regulations of the State of Georgia › Department 150 - RULES OF GEORGIA BOARD OF DENTISTRY › Chapter 150-23 - CONSOLIDATION › Rule 150-23-.01 - Consolidation

Current through Rules and Regulations filed through June 27, 2024
The Board or its designee upon its own motion, or upon motion
				by a party or other person joined in the proceeding, may order proceedings
				involving a common question of law or fact to be consolidated for hearing on
				any or all of the matters at issue in such proceedings.
O.C.G.A. §§
									43-11-2.1,
				43-11-7,
				50-13-13.