Code of Massachusetts Regulations › 234 CMR - BOARD OF REGISTRATION IN DENTISTRY › Title 234 CMR 2.00 - Purpose and Definitions › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
The following definitions apply to all parts of 234 CMR.
ADA
. The American Dental
				Association.
ADAA
. The American Dental Assistants
				Association.
ADHA
. The American Dental Hygienists'
				Association.
Address of Record
. The address of an
				individual licensed by the Board as provided by the applicant or licensee and
				where the Board sends written communications to the individual.
Adjudicatory Hearing
. An
				administrative hearing held in accordance with M.G.L. c. 30A and
				801 CMR 1.00:
Standard
				Adjudicatory Rules of Practice and Procedure
to determine the truth
				and validity of the allegations contained in a complaint filed against a
				licensee.
Advanced Cardiac Life Support (ACLS)
				Certification
. That an individual has successfully completed an
				advanced cardiac life support course offered by the American Heart Association
				or other Board-approved entity.
Advertising
. A representation or other
				notice given to the public, directly or indirectly, by a dentist or public
				health dental hygienist by any means or method for the purpose of inducing
				purchase, sale or use of dental methods, services, treatments, operations,
				procedures or products or to promote continued or increased use of such dental
				methods, treatments, operations, procedures or products.
Basic Life Support (BLS)
				Certification
. Certification in Basic Life Support for the
				Healthcare Provider obtained through a course that follows the guidelines of
				the American Heart Association for BLS or guidelines of the American Red
				Cross.
Board
. The Board of Registration in
				Dentistry or any of its committees or subcommittees established in the
				Massachusetts Department of Public Health pursuant to M.G.L. c. 13,
				§§ 9 and 19, c. 112, §§ 43 through 53 and c. 30A.
Cardiopulmonary Resuscitation/Automated External
				Defibrillation (CPR/AED) Certification
. Certification in
				Cardiopulmonary Resuscitation/Automated External Defibrillation for
				Professional Rescuers and Health Care Providers obtained through a course that
				follows the guidelines of the American Red Cross for CPR/AED.
CDCA
. The Commission on Dental
				Competency Assessments, successor to the North East Regional Board of Dental
				Examiners (NERB), which administers qualifying examinations for dentists and
				dental hygienists.
CDC Guidelines
. The
Guidelines
				for Infection Control in Dental Health-Care Settings -
2003, United
				States Centers for Disease Control and Prevention.
Chapters 69- and 74-approved Program
.
				A program that has obtained the approval, pursuant to M.G.L. c. 69 and c. 74,
				for specific secondary or vocational-technical programs by the Commissioner of
				the Massachusetts Department of Elementary and Secondary Education.
Chapter 112-approved Program
. A
				program that has obtained the approval, pursuant to M.G.L. c. 112, § 263
				for specific private occupational school programs by the Massachusetts Division
				of Professional Licensure.
CMR
. The Code of Massachusetts
				Regulations published by the State Publications and Regulations Division of the
				Office of the Secretary of the Commonwealth.
CODA
. The ADA's Commission on Dental
				Accreditation.
Community Health Center
. A non-profit
				agency licensed by the Department of Public Health under M.G.L. c. Ill,
				§51.
Complaint
. A communication to, or
				other information obtained by, the Board or the Division of Health Professions
				Licensure that alleges an individual, person or entity subject to regulation by
				the Board has engaged in conduct that violates any law or regulation related to
				dentistry or dental practice.
Consent Agreement
. A legally binding
				agreement, including specified terms and conditions, entered into by an
				individual licensed by the Board and the Board in resolution of any complaint
				against such licensee.
CELL
Continuing education unit and
				means a minimum of 50 minutes of education or experience as set forth in
				234 CMR
				8.00:
Continuing Education.
Conviction
. Includes any guilty
				verdict or finding of guilt and any admission to or finding of sufficient facts
				to warrant a finding of guilt, a continuance without a finding, and any plea of
				guilty or nolo contendere which has been accepted by the court, whether or not
				sentence has been imposed. A conviction of any licensee shall be conclusive
				evidence of the commission of that crime in any disciplinary proceeding
				instituted against that licensee based upon the conviction.
Dental Assistant
. An individual
				qualified by education, training or experience who, under the supervision of a
				licensed dentist, aids or assists the dentist in the performance of procedures
				or duties related to the provision of dental care in accordance with the
				provisions in
				234 CMR 2.00. A dental
				assistant may be classified in one of four categories:
(a) Certified Assistant (CA) means an individual certified by
				the Dental Assisting National Board, Inc., or other Board-approved certifying
				body, as a dental assistant.
(b) Dental Assistant Trained on the job (OJT) means an
				individual trained on the job by a dentist licensed to practice dentistry in
				the Commonwealth who has completed the training pursuant to M.G.L. c. 112,
				§ 51½.
(c) Expanded Function Dental Assistant (EFDA) means an
				individual who is currently certified by the Dental Assisting National Board,
				Inc., or other Board-approved certifying body, and has completed a formal
				program in expanded functions that provides, at a minimum, training in the
				delegable duties pursuant to
				234 CMR
				5.11:
Delegable Procedures,
at a CODA-accredited program.
(d) Formally Trained Dental Assistant (FTDA) means an
				individual who is a graduate of a school or program that meets requirements for
				licensure pursuant to
				234
				CMR 4.11(3).
DANB
. The Dental Assisting National
				Board, Inc.
Dental Auxiliary Personnel
. A dental
				hygienist or a dental assistant.
Dentist
. An individual licensed under
				the provisions of M.G.L. c. 112, § 45 or 45A.
Dentistry
. The same meaning as set
				forth in M.G.L. c. 112, § 50.
Faculty
. An individual appointed to
				the faculty of a CODA-accredited dental college, dental hygiene or dental
				assisting program. Faculty may include full or part-time assistant or associate
				clinical instructors, adjunct instructors, assistant or associate professors,
				teachers, post-doctoral fellows, visiting lecturers and graduate
				assistants.
Final Decision and Order
. The written
				findings of fact, conclusions of law and order for sanction or other
				disposition issued to a licensee by the Board following the final adjudication
				of a complaint.
Good Moral Character
. Those virtues of
				an individual generally recognized as beneficial to the public health, safety
				and welfare.
HIPDB
. The Healthcare Integrity and
				Protection Data Bank.
Homebound
. An individual "confined to
				his or her home" if the individual has a condition, due to an illness or
				injury, that restricts the ability of the individual to leave his or her home
				except with the assistance of another individual or the aid of a supportive
				device (such as crutches, a cane, a wheelchair, or a walker), or if the
				individual has a condition such that leaving his or her home is medically
				contraindicated. While an individual does not have to be bedridden to be
				considered "confined to his or her home", the condition of the individual
				should be such that there exists a normal inability to leave home and that
				leaving home requires a considerable and taxing effort by the
				individual.
Impaired
. Inability to practice
				dentistry, dental hygiene or dental assisting with reasonable judgment, skill
				and safety by reason of alcohol or drug abuse, use of other substances, a
				physical or mental illness or condition, or by any combination of the
				foregoing.
Institutional Facility
. Any entity
				that hosts an MDF or PDO including, but not limited to a school, long term care
				facility, residential home, residential treatment facility or correctional
				institution.
Jurisdiction
. Any municipality, state,
				territory or country, including the Commonwealth of Massachusetts.
Legal Representative
. An individual
				who has either been appointed by a court or who is named under a written
				agreement with the patient to serve as the patient's representative, including,
				but not limited to, guardian, conservator, health care agent or power of
				attorney.
License
. As used in 234 CMR is
				synonymous with registration, permit and the right to renew a license,
				registration or permit.
Licensed Dentist
. A dentist licensed
				pursuant to M.G.L. c. 112, § 45.
Licensee
. An individual registered as
				holding or having held any type of license, registration or permit issued
				pursuant to M.G.L. c. 112, §§ 43 through 53 and 234 CMR, whether or
				not such license is expired, surrendered, suspended or revoked.
Limited Licensee
. An individual
				licensed to practice dentistry under the provisions of M.G.L. c. 112, §
				45A. A limited licensee may be a dental intern or a full-time faculty member.
(a) Limited License Dental Intern means an individual granted a
				limited license to practice dentistry in the Commonwealth pursuant to M.G.L. c.
				112, § 45A, who has graduated from a reputable dental college and who
				practices in a hospital or other institution maintained by the state, a county
				or municipality, or hospital or dental infirmary incorporated under the laws of
				the Commonwealth. A limited license dental intern shall not practice dentistry
				in a private dental office or private dental clinic and may only practice at
				institution(s) specified in the dental intern's license application. A person
				who has been issued a limited license shall work under the direction of a
				licensed dentist employed by the institution.
(b) Limited License Faculty means an individual granted a
				limited license to practice dentistry in the Commonwealth pursuant to M.G.L. c.
				112, § 45A, who has graduated from a reputable dental college, is employed
				as a full-time member of the faculty of a CODA-accredited dental college and
				works under the direction of a licensed dentist employed by said dental
				college. A limited license faculty member shall not practice dentistry in a
				private dental office or private dental clinic. A full-time faculty member may
				participate in an intramural group practice operated, managed and physically
				located within a nonprofit dental educational or research institution and its
				affiliated hospitals where the limited license faculty member is
				employed.
MassHealth
. The Medical assistance
				program known as MassHealth administered by the Executive Office of Health and
				Human Services pursuant to M.G.L. c. 118E and Title XIX of the Social Security
				Act.
MDF
or
PDO
				Director
. A licensed dentist or a public health dental hygienist,
				who is responsible for dental services provided by the MDF or PDO.
MDF
or
PDO Permit
				Holder
. A licensed dentist or a public health dental hygienist in
				whose name the MDF or PDO Permit is issued. Where the MDF or PDO is not wholly
				owned by a licensed dentist or a public health dental hygienist, the owner
				shall apply for a license to operate as a clinic pursuant to M.G.L. c. 111,
				§ 51, unless the entity is exempt from licensure pursuant to M.G.L. c.
				Ill, §52.
M.G.L
. The Massachusetts General
				Laws.
Mobile Dental Facility (MDF)
. Any
				self-contained facility where dentistry is practiced, which may be driven,
				moved, towed, or transported from one location to another.
NPDB
. The National Practitioner Data
				Bank.
Order to Show Cause
. A notice issued
				by the Board to a licensee containing allegations that the licensee's acts or
				omissions violated a law or regulation related to the practice of dentistry,
				dental hygiene or dental assisting. The Order to Show Cause may also order the
				licensee to appear at an adjudicatory hearing held by the Board to "show cause"
				why the Board should not take disciplinary action against a license or the
				right to renew such license. See
				801 CMR
				1.01(6)(a):
Agency
				Notice of Action.
OSHA Standards
. The United States
				Occupational Safety and Health Administration's
General Industry
				Standards
at 29 CFR.
Patient
. Includes a parent or legal
				representative.
Portable Dental Operation (PDO)
. Any
				non-facility where dental equipment used in the practice of dentistry is
				transported to and used on a temporary basis at an out-of-office
				location.
Public Health Dental Hygienist (PHDH)
.
				A registered dental hygienist who holds a valid license, has three years of
				full-time or an equivalent 4,500 hours of clinical experience and has the
				appropriate training pursuant to
				234
				CMR 5.07(2):
Educational Requirements for Public Health Dental Hygiene
				Practice
and works in a public health setting pursuant to a written
				collaborative agreement.
Public Health Setting
. Includes, but
				is not limited to, residences of the homebound, schools, Head Start programs,
				nursing homes and long-term care facilities licensed pursuant to M.G.L. c. Ill,
				§ 71, clinics, community health centers, and hospitals licensed pursuant
				to M.G.L. c. Ill, § 51, medical facilities, prisons, residential treatment
				facilities, federal, state or local public health programs, mobile dental
				facilities and portable dental programs which are permitted by the Board
				pursuant to
				234
				CMR 7.00:
Mobile and Portable
				Dentistry
or licensed or certified by the Department pursuant to
				M.G.L. c. 111, § 51, and other facilities or programs deemed appropriate
				by the Board and the Department.
Reactivation
. The renewal of an
				expired license to practice dentistry, dental hygiene or dental
				assisting.
Registered Dental Hygienist (RDH)
or
Dental Hygienist
. An individual who has been
				successfully examined by the Board or its designee and who has been licensed by
				the Board to practice dental hygiene in the Commonwealth pursuant to M.G.L. c.
				112,§51.
Reinstatement
. The issuance of a
				license to practice dentistry, dental hygiene or dental assisting that has been
				suspended, surrendered or revoked.
Substance Use Disorder
. A
				dysfunctional pattern of human response characterized by excessive,
				inappropriate or unhealthy use of chemical substances including alcohol or
				drugs.
Supervision
. Includes three types of
				supervision as follows:
(a) General Supervision means supervision of dental procedures
				based on instructions given by a licensed dentist but not requiring the
				physical presence of a supervising dentist during the performance of those
				procedures. A public health dental hygienist may perform all delegated duties
				permitted under general supervision as described in
				234 CMR 5.00:
Requirements for the Practice of Dentistry, Dental Hygiene and Dental
				Assisting
provided the public health dental hygienist has entered into
				a WCA with a licensed dentist who holds a valid license or with an appropriate
				municipal or state agency or institution to ensure the public health and
				safety.
(b) Direct Supervision means supervision of dental procedures
				based on instructions given by a licensed dentist who remains in the dental
				facility while the procedures are being performed by the auxiliary.
(c) Immediate Supervision means the supervision of dental
				procedures by a licensed dentist, who remains in the dental facility,
				personally diagnoses the condition to be treated, personally authorizes the
				procedures, and before dismissal of the patient, evaluates the treatment
				rendered.
Valid License
. A license to engage in
				the practice of dentistry, dental hygiene or dental assisting in the
				Commonwealth issued to a licensee by the Board on the basis of truthful
				information related to qualifications for licensure and which is not expired,
				surrendered, suspended or revoked.
Written Collaborative Agreement (WCA)
.
				A written agreement that complies with
				234
				CMR 5.08:
Written Collaborative
				Agreement (WCA) with a Public Health Dental
				Hygienist.