Code of Vermont Rules › Agency 04 - SECRETARY OF STATE › Sub-Agency 030 - OFFICE OF PROFESSIONAL REGULATION › Chapter 080 - RULES OF THE BOARD OF DENTAL EXAMINERS › Section 04 030 080 - RULES OF THE BOARD OF DENTAL EXAMINERS

Current through June, 2024
Part 1 General Information
Section 1.1 Appeal
Introduction These rules are divided into general information
				for all professions regulated herein and individual sections for each of the
				professions governed: dentists, dental hygienists, and dental assistants These
				rules also contain rules governing the practice areas of sedation, analgesia,
				anesthesia, and general supervision of dental hygienists in public or private
				schools or public or private institutions.
Section 1.2 Appeal
Duty to Inform It is the responsibility of each supervising
				dentist to inform each person hired to work in an office subject to these rules
				of the responsibilities and licensing and registration requirements imposed by
				these rules and to ensure that all employees are properly licensed or
				registered and trained A copy of these rules shall be readily available to all
				persons subject to these rules All persons subject to these rules are reminded
				that 3 Vermont Statutes Annotated (VSA) § 129a(6) includes within the
				definition of "unprofessional conduct" " Delegating professional
				responsibilities to a person whom the licensed professional knows, or has
				reason to know, is not qualified by training, experience, education or
				licensing credentials to perform them".
Section 1.3 Appeal
The Board's Purpose The State Board of Dental Examiners ("the
				Board") has been created and given powers by Vermont law The Board's purpose is
				to protect the public health, safety, and welfare The Board does this by
				setting standards for issuing licenses and registrations, by licensing and
				registering only qualified applicants, and regulating license and registration
				holders and their practices.
Section
			 1.4 Appeal
Business Address The Board's mailing address is the Office of
				the Secretary of State, Office of Professional Regulation, Board of Dental
				Examiners, National Life Bldg, North, FL2, Montpelier, VT 056203402 ("the
				Office") Copies of these rules and more information about the Board and its
				requirements and procedures can be obtained by contacting the Office at
				18028282363 This information may also be obtained from the Board's Web site at
				http://vtprofessionalsorg/.
Section
			 1.5 Appeal
Board Members and Officers The Board is composed of five
				dentists, two dental hygienists, and two public members all of whom reside in
				Vermont The dentists are in active practice and have practiced in Vermont for
				at least five years The dental hygienists are in active practice and have
				practiced in Vermont for at least three years All members may serve two
				consecutive five year terms Members are appointed by the
				Governor.
Section 1.6 Appeal
Terms of Office A chair, vice chair, and secretary are elected
				annually, usually in September or the Board's first meeting after September
				Their duties are:
(a) The Chair calls
			 Board meetings, presides at meetings and signs all certificates, vouchers and
			 other official Board papers.
(b)
			 The Vice Chair is authorized to act when the chair is not present or is unable
			 to attend to the duties of office.
(c) The Secretary may, unless delegated to
			 the OPR administrative staff, handle the Board's correspondence, take the
			 minutes of meetings, certify transcripts of proceedings, sign all certificates,
			 and inform the public and all members of Board meetings.
Section 1.7 Appeal
Contacting the Board Names of the Board members and officers
				may be obtained from the Office or the Board's Web site at
				http://vtprofessionalsorg/ Members may be contacted through the
				Office.
Section 1.8 Regular,
			 Special, and Emergency Meetings
(a) The Board
			 holds at least one regular meeting a year, but usually meets monthly. The chair
			 or two other Board members may call a special or emergency meeting when it is
			 necessary.
(b) A majority of the
			 Board constitutes a quorum for all meetings. No formal action at any meeting
			 may be taken unless a majority of the quorum votes in favor of the action. The
			 Office can provide meeting dates and locations. Notice of meetings may usually
			 be found online at http://vtprofessionals.org/.
Section 1.9 Laws Governing the Board
(a) The Board is created by law, Title 26,
			 V.S.A., Chapter 13, which establishes its responsibilities for setting
			 standards, issuing licenses and regulating the profession. The statutes are
			 online at http://www.leg.state.vt.us/statutes/statutes2.htm. In addition, the
			 Board is subject to several other state laws such as the Administrative
			 Procedure Act (Title 3, V.S.A., Chapter 25), the "Law of Professional
			 Regulation" (Title 3, V.S.A., Sections 121-131 ), the "Right to Know Law"
			 (Title 1, V.S.A., Sections 311-314 ), and the "Access to Public Records Law"
			 (Title 1, V.S.A., Sections 315-320 ). These laws spell out the rights of
			 applicants, license holders or members of the public.
(b) The Vermont Statutes Annotated contain
			 the complete text of these laws. They can usually be found in any Town Clerk's
			 office or public library. "Vermont Statutes Online" are also available at
			 http://www.leg.state.vt.us. The Board's statutes and rules may be accessed
			 through the Board's website at http://vtprofessionals.org/.
Section 1.10 Effect of Rules
(a) The Board is authorized to make these
			 rules under Title 26, V.S.A., Sections 767 and 804. These rules are approved by
			 the Vermont Legislative Committee on Administrative Rules and have the effect
			 of law and govern the Board's proceedings. Rules are made following the
			 Administrative Procedure Act ("APA"). The Office of Professional Regulation
			 ("Office") helps the Board to comply with the Act. Rules are reviewed and
			 revised periodically. Rules regulating supervised practice of dental hygienists
			 in public or private schools or public or private institutions will become
			 effective only upon passage of an authorizing amendment to 26 V.S.A. §
			 854.
(b) Legislative changes from
			 time to time may create inconsistencies between statutes and administrative
			 rules. When rules and statutes conflict, the statutes govern.
Section 1.11 Permitted Practices
(a) Dentists: The following tasks may be
			 performed by licensed dentists only:
(1)
			 Practices permitted by Chapter 13 of Title 26 including diagnosis, treatment
			 planning and prescription, including prescription for drugs and medicaments or
			 authorization for restorative, prosthodontic or orthodontic appliances;
			 or
(2) Surgical procedures on hard
			 and soft tissues within or ancillary to them related to the treatment of the
			 maxillofacial complex and any other intraoral procedure that contributes to and
			 results in an irreversible alteration to the oral anatomy.
(3) Dentists are responsible for general
			 supervision of dental hygienists and "direct supervision" of dental hygienists
			 where specifically required elsewhere in these rules.
(4) Dentists are responsible for the direct
			 supervision of dental assistants.
(b) Clarifications, Limitations on Scope of
			 Practice, Dentists or Dental Hygienists: Oral prophylaxis, oral debridement,
			 periodontal descriptions and charting, including periodontal probing and
			 placement of subgingival chemotherapeutic agents shall be performed only by a
			 licensed dentist or dental hygienist.