Bill Text: OR SB1509 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to health; and declaring an emergency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2012-03-27 - Effective date, March 27, 2012. [SB1509 Detail]

Download: Oregon-2012-SB1509-Amended.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2012 Regular Session

SA to SB 1509

LC 58/SB 1509-13

                      SENATE AMENDMENTS TO
                        SENATE BILL 1509

  By COMMITTEE ON HEALTH CARE, HUMAN SERVICES AND RURAL HEALTH
                             POLICY

                           February 14

  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and delete lines 3 through
5 and insert 'amending ORS 679.025, 680.020 and 680.205; and
declaring an emergency.'.
  Delete lines 7 through 28 and delete pages 2 through 17 and
insert:
  '  { +  SECTION 1. + } ORS 679.025 is amended to read:
  ' 679.025. (1) A person may not practice dentistry or purport
to be a dentist without a valid license to practice dentistry
issued by the Oregon Board of Dentistry.
  ' (2) The requirements of this section do not apply to:
  ' (a) Dentists licensed in another state making a clinical
presentation sponsored by a bona fide dental society or
association or an accredited dental educational institution
approved by the board.
  ' (b) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study
in an Oregon accredited dental education program, engage in
clinical studies on the premises of such institution or in a
clinical setting located off the premises of the institution if
the facility, the instructional staff and the course of study to
be pursued at the off-premises location meet minimum requirements
prescribed by the rules of the board and the clinical study is
performed under the direct supervision of a member of the
faculty.
  ' (c) Bona fide full-time students of dentistry who, during the
period of their enrollment and as a part of the course of study
in a dental education program located outside of Oregon that is
accredited by the Commission on Dental Accreditation of the
American Dental Association or its successor agency, engage in
community-based or clinical studies as an elective or required
rotation in a clinical setting located in Oregon if the
community-based or clinical studies meet minimum requirements
prescribed by the rules of the board and are performed under the
direct supervision of a member of the faculty of the Oregon
Health and Science University School of Dentistry.
  ' (d) Candidates who are preparing for a licensure examination
to practice dentistry and whose application has been accepted by
the board or its agent, if such clinical preparation is conducted
in a clinic located on premises approved for that purpose by the
board and if the procedures are limited to examination only. This
exception shall exist for a period not to exceed two weeks
immediately prior to a regularly scheduled licensure examination.
  ' (e) Dentists practicing in the discharge of official duties
as employees of the United States Government and any of its
agencies.
  ' (f) Instructors of dentistry, whether full- or part-time,
while exclusively engaged in teaching activities and while
employed in accredited dental educational institutions.
  ' (g) Dentists employed by public health agencies who are not
engaged in the direct delivery of clinical dental services to
patients.
  ' (h) Persons licensed to practice medicine in the State of
Oregon in the regular discharge of their duties.
  ' (i) Persons qualified to perform services relating to general
anesthesia or sedation under the direct supervision of a licensed
dentist.
  '  { +  (j) Dentists licensed in another state and in good
standing, while practicing dentistry without compensation for no
more than five consecutive days in any 12-month period, provided
the dentist submits an application to the board at least 10 days
before practicing dentistry under this paragraph and the
application is approved by the board. + }
  '  { - (j) - }   { + (k) + } Persons practicing dentistry upon
themselves as the patient.
  '  { - (k) - }   { + (L) + } Dental hygienists, dental
assistants or dental technicians performing services under the
supervision of a licensed dentist in accordance with the rules
adopted by the board.
  '  { - (L) - }   { + (m) + } A person licensed as a denturist
under ORS 680.500 to 680.565 engaged in the practice of denture
technology.
  '  { - (m) - }   { + (n) + } An expanded practice dental
hygienist who renders services authorized by a permit issued by
the board pursuant to ORS 680.200.
  '  { +  SECTION 2. + } ORS 680.020 is amended to read:
  ' 680.020. (1) It is unlawful for any person not otherwise
authorized by law to practice dental hygiene or purport to be a
dental hygienist without a valid license to practice dental
hygiene issued by the Oregon Board of Dentistry.
  ' (2) The requirements of this section do not apply to:
  ' (a) Dental hygienists licensed in another state making a
clinical presentation sponsored by a bona fide dental or dental
hygiene society or association or an accredited dental or dental
hygiene education program approved by the board.
  ' (b) Bona fide students of dental hygiene who engage in
clinical studies during the period of their enrollment and as a
part of the course of study in an Oregon dental hygiene education
program. The program must be accredited by the Commission on
Dental Accreditation of the American Dental Association, or its
successor agency, if any, and approved by the board. The clinical
study may be conducted on the premises of the program or in a
clinical setting located off the premises. The facility, the
instructional staff, and the course of study at the off-premises
location must meet minimum requirements prescribed by the rules
of the board, and the clinical study at the off-premises location
must be performed under the direct supervision of a member of the
faculty.
  ' (c) Bona fide students of dental hygiene who engage in
community-based or clinical studies as an elective or required
rotation in a clinical setting located in Oregon during the
period of their enrollment and as a part of the course of study
in a dental hygiene education program located outside of Oregon.
The program must be accredited by the Commission on Dental
Accreditation of the American Dental Association or its successor
agency. The community-based or clinical studies must:
  ' (A) Meet minimum requirements prescribed by the rules of the
board; and
  ' (B) Be performed under the direct supervision of a member of
the faculty of the Oregon Health and Science University School of
Dentistry or another Oregon institution with an accredited dental
hygiene education program approved by the board.
  ' (d) Students of dental hygiene or graduates of dental hygiene
programs who engage in clinical studies as part of a course of
study or continuing education course offered by an institution
with a dental or dental hygiene program. The program must be
accredited by the Commission on Dental Accreditation of the
American Dental Association or its successor agency.
  ' (e) Candidates who are preparing for licensure examination to
practice dental hygiene and whose application has been accepted
by the board or its agent, if such clinical preparation is
conducted in a clinic located on premises approved for that
purpose by the board and if the procedures are limited to
examination only.
  ' (f) Dental hygienists practicing in the discharge of official
duties as employees of the United States Government and any of
its agencies.
  ' (g) Instructors of dental hygiene, whether full- or
part-time, while exclusively engaged in teaching activities and
while employed in accredited dental hygiene educational programs.
  ' (h) Dental hygienists employed by public health agencies who
are not engaged in direct delivery of clinical dental hygiene
services to patients.
  ' (i) Counselors and health assistants who have been trained in
the application of fluoride varnishes to the teeth of children
and who apply fluoride varnishes only to the teeth of children
enrolled in or receiving services from the Women, Infants and
Children Program, the Oregon prekindergarten program or a federal
Head Start grant program.
  '  { +  (j) Dental hygienists licensed in another state and in
good standing, while practicing dental hygiene without
compensation for no more than five consecutive days in any
12-month period, provided the dental hygienist submits an
application to the board at least 10 days before practicing
dental hygiene under this paragraph and the application is
approved by the board. + }
  '  { +  SECTION 3. + } ORS 680.205 is amended to read:
  ' 680.205. (1) An expanded practice dental hygienist may render
all services within the scope of practice of dental hygiene, as
defined in ORS 679.010, without the supervision of a dentist and
as authorized by the expanded practice dental hygienist permit
to:
  ' (a) Patients or residents of the following facilities or
programs who, due to age, infirmity or disability, are unable to
receive regular dental hygiene treatment:
  ' (A) Nursing homes as defined in ORS 678.710;
  ' (B) Adult foster homes as defined in ORS 443.705;
  ' (C) Residential care facilities as defined in ORS 443.400;
  ' (D) Adult congregate living facilities as defined in ORS
441.525;
  ' (E) Mental health residential programs administered by the
Oregon Health Authority;
  ' (F) Facilities for mentally ill persons, as those terms are
defined in ORS 426.005;
  ' (G) Facilities for persons with developmental disabilities,
as those terms are defined in ORS 427.005;
  ' (H) Local correctional facilities and juvenile detention
facilities as those terms are defined in ORS 169.005, regional
correctional facilities as defined in ORS 169.620, youth
correction facilities as defined in ORS 420.005, youth care
centers as defined in ORS 420.855, and Department of Corrections
institutions as defined in ORS 421.005; or
  ' (I) Public and nonprofit community health clinics.
  ' (b) Adults who are homebound.
  ' (c) Students or enrollees of nursery schools and day care
programs and their siblings under 18 years of age, Job Corps and
similar employment training facilities, primary and secondary
schools, including private schools and public charter schools,
and persons entitled to benefits under the Women, Infants and
Children Program.

  ' (d) Patients in hospitals, medical clinics, medical offices
or offices operated or staffed by nurse practitioners, physician
assistants or midwives.
  ' (e) Patients whose income is less than the federal poverty
level.
  '  { +  (f) Residents of areas that are federally designated
health professional shortage areas for dental care or areas in
which dental providers would be eligible for the tax credit
described in ORS 315.613. + }
  '  { - (f) - }  { +  (g) + } Other populations  { + and
locations + } that the Oregon Board of Dentistry determines are
underserved or lack access to dental hygiene services.
  ' (2) At least once each calendar year, an expanded practice
dental hygienist shall refer each patient or resident to a
dentist who is available to treat the patient or resident.
  ' (3) An expanded practice dental hygienist may render the
services described in paragraphs (a) to (d) of this subsection to
the patients described in subsection (1) of this section if the
expanded practice dental hygienist has entered into an agreement
in a format approved by the board with a dentist licensed under
ORS chapter 679. The agreement must set forth the agreed-upon
scope of the dental hygienist's practice with regard to:
  ' (a) Administering local anesthesia;
  ' (b) Administering temporary restorations without excavation;
  ' (c) Prescribing prophylactic antibiotics and nonsteroidal
anti-inflammatory drugs specified in the agreement; and
  ' (d) Overall dental risk assessment and referral parameters.
  ' (4) This section does not authorize an expanded practice
dental hygienist to administer nitrous oxide except under the
indirect supervision of a dentist licensed under ORS chapter 679.
  ' (5) An expanded practice dental hygienist may assess the need
for and appropriateness of sealants, apply sealants and write
prescriptions for all applications of fluoride in which fluoride
is applied or supplied to patients.
  ' (6) An expanded practice dental hygienist must also procure
all other permits or certificates required by the board under ORS
679.250.
  '  { +  SECTION 4. + }  { + This 2012 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2012 Act
takes effect on its passage. + } ' .
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