Bill Text: OR SB802 | 2013 | Regular Session | Enrolled
Bill Title: Relating to naming an actively licensed dentist as a dental director.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-06-06 - Effective date, January 1, 2014. [SB802 Detail]
Download: Oregon-2013-SB802-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 802
Sponsored by Senator MONNES ANDERSON; Senators MONROE, WINTERS,
Representatives DEMBROW, GORSEK, HUFFMAN, JOHNSON, WHISNANT (at
the request of Oregon Community College Association)
CHAPTER ................
AN ACT
Relating to naming an actively licensed dentist as a dental
director; creating new provisions; and amending ORS 679.010 and
679.020.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 679.010 is amended to read:
679.010. As used in this chapter and ORS 680.010 to 680.205,
unless the context requires otherwise:
(1) 'Dental assistant' means a person who, under the
supervision of a dentist, renders assistance to a dentist, dental
hygienist, dental technician or another dental assistant or
renders assistance under the supervision of a dental hygienist
providing dental hygiene.
(2) 'Dental hygiene' means that portion of dentistry that
includes the rendering of educational, preventive and therapeutic
dental services and diagnosis and treatment planning for such
services. 'Dental hygiene' includes, but is not limited to,
scaling, root planing, curettage, the application of sealants and
fluoride and any related intraoral or extraoral procedure
required in the performance of such services.
(3) 'Dental hygienist' means a person who, under the
supervision of a dentist, practices dental hygiene.
(4) 'Dental technician' means that person who, at the
authorization of a dentist, makes, provides, repairs or alters
oral prosthetic appliances and other artificial materials and
devices which are returned to a dentist and inserted into the
human oral cavity or which come in contact with its adjacent
structures and tissues.
(5) 'Dentist' means a person who may perform any intraoral or
extraoral procedure required in the practice of dentistry.
{ + (6) 'Dentist of record' means a dentist that either
authorizes treatment for, supervises treatment of or provides
treatment for a patient in a dental office or clinic owned or
operated by an institution as described in ORS 679.020 (3). + }
{ - (6) - } { + (7) + } 'Dentistry' means the healing art
which is concerned with the examination, diagnosis, treatment
planning, treatment, care and prevention of conditions within the
human oral cavity and maxillofacial region and conditions of
adjacent or related tissues and structures. The practice of
dentistry includes but is not limited to the cutting, altering,
repairing, removing, replacing or repositioning of hard or soft
Enrolled Senate Bill 802 (SB 802-B) Page 1
tissues and other acts or procedures as determined by the Oregon
Board of Dentistry and included in the curricula of dental
schools accredited by the Commission on Dental Accreditation of
the American Dental Association, post-graduate training programs
or continuing education courses.
{ - (7) - } { + (8) + } 'Direct supervision' means
supervision requiring that a dentist diagnose the condition to be
treated, that a dentist authorize the procedure to be performed,
and that a dentist remain in the dental treatment room while the
procedures are performed.
{ - (8) - } { + (9) + } 'Expanded practice dental
hygienist' means a dental hygienist who performs dental hygiene
services in accordance with ORS 680.205 as authorized by an
expanded practice dental hygienist permit issued by the board
under ORS 680.200.
{ - (9) - } { + (10) + } 'General supervision' means
supervision requiring that a dentist authorize the procedures by
standing orders, practice agreements or collaboration agreements,
but not requiring that a dentist be present when the authorized
procedures are performed. The authorized procedures may also be
performed at a place other than the usual place of practice of
the dentist.
{ - (10) - } { + (11) + } 'Indirect supervision' means
supervision requiring that a dentist authorize the procedures and
that a dentist be on the premises while the procedures are
performed.
SECTION 2. ORS 679.020 is amended to read:
679.020. (1) A person may not practice dentistry without a
license.
(2) Only a person licensed as a dentist by the Oregon Board of
Dentistry may own, operate, conduct or maintain a dental
practice, office or clinic in this state.
(3) The restrictions of subsection (2) of this section, as they
relate to owning and operating a dental office or clinic, do not
apply to a dental office or clinic owned or operated by any of
the following:
(a) A labor organization as defined in ORS 243.650 and 663.005
(6), or to any nonprofit organization formed by or on behalf of
such labor organization for the purpose of providing dental
services. Such labor organization must have had an active
existence for at least three years, have a constitution and
bylaws, and be maintained in good faith for purposes other than
providing dental services.
(b) The School of Dentistry of the Oregon Health and Science
University.
(c) Public universities listed in ORS 352.002.
(d) Local governments.
(e) Institutions or programs accredited by the Commission on
Dental Accreditation of the American Dental Association to
provide education and training.
(f) Nonprofit corporations organized under Oregon law to
provide dental services to rural areas and medically underserved
populations of migrant, rural community or homeless individuals
under 42 U.S.C. 254b or 254c or health centers qualified under 42
U.S.C. 1396d(l)(2)(B) operating in compliance with other
applicable state and federal law.
(g) Nonprofit charitable corporations as described in section
501(c)(3) of the Internal Revenue Code and determined by the
Oregon Board of Dentistry as providing dental services by
Enrolled Senate Bill 802 (SB 802-B) Page 2
volunteer licensed dentists to populations with limited access to
dental care at no charge or a substantially reduced charge.
(4) For the purpose of owning or operating a dental office or
clinic, an entity described in subsection (3) of this section
must:
(a) { + Except as provided in section 3 of this 2013 Act, + }
name an actively licensed dentist as its dental director, who
shall be subject to the provisions of ORS 679.140 in the capacity
as dental director. The dental director, or an actively licensed
dentist designated by the director, shall have responsibility for
the clinical practice of dentistry, which includes, but is not
limited to:
(A) Diagnosis of conditions within the human oral cavity and
its adjacent tissues and structures.
(B) Prescribing drugs that are administered to patients in the
practice of dentistry.
(C) The treatment plan of any dental patient.
(D) Overall quality of patient care that is rendered or
performed in the practice of dentistry.
(E) Supervision of dental hygienists, dental assistants or
other personnel involved in direct patient care and the
authorization for procedures performed by them in accordance with
the standards of supervision established by statute or by the
rules of the board.
(F) Other specific services within the scope of clinical dental
practice.
(G) Retention of patient dental records as required by statute
or by rule of the board.
(H) Ensuring that each patient receiving services from the
dental office or clinic has a dentist of record.
(b) Maintain current records of the names of licensed dentists
who supervise the clinical activities of dental hygienists,
dental assistants or other personnel involved in direct patient
care utilized by the entity. The records must be available to the
board upon written request.
(5) Subsections (1) and (2) of this section do not apply to an
expanded practice dental hygienist who renders services
authorized by a permit issued by the board pursuant to ORS
680.200.
(6) Nothing in this chapter precludes a person or entity not
licensed by the board from:
(a) Ownership or leasehold of any tangible or intangible assets
used in a dental office or clinic. These assets include real
property, furnishings, equipment and inventory but do not include
dental records of patients related to clinical care.
(b) Employing or contracting for the services of personnel
other than licensed dentists.
(c) Management of the business aspects of a dental office or
clinic that do not include the clinical practice of dentistry.
(7) If all of the ownership interests of a dentist or dentists
in a dental office or clinic are held by an administrator,
executor, personal representative, guardian, conservator or
receiver of the estate of a former shareholder, member or
partner, the administrator, executor, personal representative,
guardian, conservator or receiver may retain the ownership
interest for a period of 12 months following the creation of the
ownership interest. The board shall extend the ownership period
for an additional 12 months upon 30 days' notice and may grant
additional extensions upon reasonable request.
Enrolled Senate Bill 802 (SB 802-B) Page 3
SECTION 3. { + (1) ORS 679.020 (4)(a) does not apply to
institutions or programs accredited by the Commission on Dental
Accreditation of the American Dental Association to provide
education and training.
(2) Institutions or programs described in subsection (1) of
this section must:
(a) Maintain a list of the dentists of record that provide
dental care in a dental clinic or office owned or operated by the
institution or program; and
(b) Provide the list maintained under this subsection to the
Oregon Board of Dentistry when requested by the board. + }
SECTION 4. { + Section 3 of this 2013 Act is added to and made
a part of ORS chapter 679. + }
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Enrolled Senate Bill 802 (SB 802-B) Page 4
Passed by Senate April 24, 2013
Repassed by Senate May 28, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 22, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 802 (SB 802-B) Page 5
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 802 (SB 802-B) Page 6
