ORS Chapter 680 - Oregon Statutes

Chapter 680 –Dental Hygienists; Denturists

 

2009 EDITION

 

 

OCCUPATIONSAND PROFESSIONS

 

DENTALHYGIENISTS; DENTURISTS

 

DENTALHYGIENISTS

 

(Generally)

 

680.010     Definitionsfor ORS 680.010 to 680.205

 

680.020     Practiceof dental hygiene without license prohibited; applicability of dental hygienelicense requirement

 

680.026     Applicationof fluoride varnishes to teeth of children by certain counselors and healthassistants

 

(Licensing)

 

680.040     Qualificationsof applicants for dental hygiene licensure examination

 

680.050     Applicationfor examination; fees; grounds for refusal to issue or renew license

 

680.060     Examination;scope and conduct; results of national standardized examination, regionaltesting agencies or clinical board examinations administered in other states inlieu of examination

 

680.070     Additionalrequirements for certain applicants; rules

 

680.072     Issuinglicense

 

680.075     Licensefees; waiver; reinstatement of inactive status license; notice of change ofaddress

 

680.082     Licensureof dental hygiene instructor; rules

 

680.100     Disciplineof dental hygienist; grounds; method; procedure

 

680.110     Dispositionof receipts

 

680.150     Employmentof dental hygienist; supervision; rules

 

(Miscellaneous)

 

680.165     Monitoringperformance; information available to monitor; confidentiality; liability

 

680.172     Oralhealth screening by dental hygienists and dental assistants

 

(LimitedAccess Permits)

 

680.200     Issuingpermit; requirements

 

680.205     Servicesrendered under permit

 

DENTURISTS

 

(Generally)

 

680.500     Definitionsfor ORS 680.500 to 680.565

 

680.505     Practiceof denture technology prohibited without license; use of title"denturist"

 

680.510     Applicationof ORS 680.500 to 680.565

 

(Licenses)

 

680.515     Applicationfor license; qualifications of applicants

 

680.520     Examinationof applicants

 

680.525     Fees;determination; disposition of receipts; rules

 

680.527     Licensurewithout examination; fees

 

680.530     Expirationof license; renewal; reactivation; reinstatement; rules

 

680.535     Groundsfor imposing discipline

 

(Practice)

 

680.545     Statementof dentist or physician before treatment by denturist

 

680.547     Businessor professional association of denturist and dentist

 

680.550     Boardto establish policies and criteria for assessment

 

(StateBoard)

 

680.556     StateBoard of Denture Technology; membership; compensation and expenses

 

680.560     Boardmeetings

 

680.565     Authorityof Oregon Health Licensing Agency and director; rules; issuance of license

 

PENALTIES

 

680.990     Criminalpenalties

 

DENTALHYGIENISTS

 

(Generally)

 

      680.010Definitions for ORS 680.010 to 680.205. As used in ORS 680.010 to 680.205,unless the context requires otherwise, words shall have the meanings assignedby ORS 679.010. [Amended by 1963 c.266 §1; 1983 c.169 §18]

 

      680.020Practice of dental hygiene without license prohibited; applicability of dentalhygiene license requirement. (1) It is unlawful for any person nototherwise authorized by law to practice dental hygiene or purport to be adental hygienist without a valid license to practice dental hygiene issued bythe Oregon Board of Dentistry.

      (2)The requirements of this section do not apply to:

      (a)Dental hygienists licensed in another state making a clinical presentationsponsored by a bona fide dental or dental hygiene society or association or anaccredited dental or dental hygiene education program approved by the board.

      (b)Bona fide students of dental hygiene who engage in clinical studies during theperiod of their enrollment and as a part of the course of study in an Oregondental hygiene education program. The program must be accredited by theCommission on Dental Accreditation of the American Dental Association, or itssuccessor agency, if any, and approved by the board. The clinical study may beconducted on the premises of the program or in a clinical setting located offthe premises. The facility, the instructional staff, and the course of study atthe off-premises location must meet minimum requirements prescribed by therules of the board, and the clinical study at the off-premises location must beperformed under the direct supervision of a member of the faculty.

      (c)Bona fide students of dental hygiene who engage in community-based or clinicalstudies as an elective or required rotation in a clinical setting located inOregon during the period of their enrollment and as a part of the course ofstudy in a dental hygiene education program located outside of Oregon. Theprogram must be accredited by the Commission on Dental Accreditation of theAmerican Dental Association or its successor agency. The community-based orclinical 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 theOregon Health and Science University School of Dentistry or another Oregoninstitution with an accredited dental hygiene education program approved by theboard.

      (d)Students of dental hygiene or graduates of dental hygiene programs who engagein clinical studies as part of a course of study or continuing education courseoffered by an institution with a dental or dental hygiene program. The programmust be accredited by the Commission on Dental Accreditation of the AmericanDental Association or its successor agency.

      (e)Candidates who are preparing for licensure examination to practice dentalhygiene and whose application has been accepted by the board or its agent, ifsuch clinical preparation is conducted in a clinic located on premises approvedfor that purpose by the board and if the procedures are limited to examinationonly.

      (f)Dental hygienists practicing in the discharge of official duties as employeesof the United States Government and any of its agencies.

      (g)Instructors of dental hygiene, whether full- or part-time, while exclusivelyengaged in teaching activities and while employed in accredited dental hygieneeducational programs.

      (h)Dental hygienists employed by public health agencies who are not engaged indirect delivery of clinical dental hygiene services to patients.

      (i)Counselors and health assistants who have been trained in the application offluoride varnishes to the teeth of children and who apply fluoride varnishesonly to the teeth of children enrolled in or receiving services from the Women,Infants and Children Program, the Oregon prekindergarten program or a federalHead Start grant program. [Amended by 1963 c.266 §2; 1983 c.169 §19; 2003 c.310§2; 2005 c.504 §2; 2007 c.379 §5; 2009 c.582 §1]

 

      680.025 [1971 c.48 §3;1975 c.323 §1; repealed by 1983 c.169 §34]

 

      680.026Application of fluoride varnishes to teeth of children by certain counselorsand health assistants. Counselors and health assistants who have beentrained in the application of fluoride varnishes to the teeth of children mayapply fluoride varnishes to the teeth of children enrolled in or receivingservices or benefits from the Women, Infants and Children Program, the Oregonprekindergarten program or a federal Head Start grant program. [2007 c.379 §6]

 

      Note: 680.026 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 680 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.

 

      680.030 [Amended by1963 c.266 §3; repealed by 1983 c.169 §34]

 

(Licensing)

 

      680.040Qualifications of applicants for dental hygiene licensure examination. (1) Anapplicant for a dental hygiene license shall be entitled to take theexamination to practice dental hygiene in Oregon if the applicant:

      (a)Is 18 years of age or older; and

      (b)Is a graduate of a dental hygiene program accredited by the Commission onDental Accreditation of the American Dental Association or its successoragency, if any, which must have been approved by the Oregon Board of Dentistry.

      (2)Foreign trained graduates of dental hygiene programs may apply for the dentalhygiene licensure examination, providing the applicant meets the board’srequirements, by rule, as will reasonably assure that an applicant’s trainingand education are sufficient for licensure. [Amended by 1963 c.266 §4; 1973c.122 §1; 1975 c.323 §2; 1979 c.526 §1; 1983 c.169 §20]

 

      680.050Application for examination; fees; grounds for refusal to issue or renewlicense.(1) Any person desiring to practice dental hygiene in this state shall file anapplication with the Oregon Board of Dentistry.

      (2)At the time of making application, the applicant shall:

      (a)Pay to the board the required application and examination fee.

      (b)Furnish the board with evidence satisfactory to the board of details of any convictionsrecorded in any police records. Such details are subject to the findingsrequired by ORS 670.280.

      (c)Present to the board a diploma or evidence satisfactory to the board of havinggraduated from an accredited dental hygiene program approved by the board.

      (3)If an applicant has been in practice in another state or states the applicantshall furnish an affidavit from the board of dental examiners or similar bodyof such state or states that the applicant has been engaged in the legalpractice of dental hygiene in such state or states for a period of timeprescribed by the rules of the Oregon Board of Dentistry.

      (4)The board may refuse to issue a license to or renew a license of an applicantwho has been convicted of a violation of law if the board makes the findingsrequired by ORS 670.280. A certified copy of the record of conviction isconclusive evidence of conviction.

      (5)The board may refuse to issue a license to or renew a license of an applicantwho has been disciplined by a state licensing or regulatory agency of this oranother state regarding any health care profession when, in the judgment of theboard, the acts or conduct resulting in the disciplinary action bears ademonstrable relationship to the ability of the licensee or applicant topractice dental hygiene in accordance with the provisions of ORS 680.010 to680.205. A certified copy of the record of the disciplinary action isconclusive evidence of the disciplinary action.

      (6)The board may refuse to issue a license to or renew a license of an applicantwho has falsified a license application, or any person for any cause describedunder ORS 679.140 or 679.170.

      (7)Fees paid are not refundable. [Amended by 1963 c.266 §5; 1967 c.90 §1; 1973c.122 §2; 1983 c.169 §21; 1985 c.323 §16; 1995 c.199 §5; 2003 c.83 §9]

 

      680.060Examination; scope and conduct; results of national standardized examination,regional testing agencies or clinical board examinations administered in otherstates in lieu of examination. (1) The Oregon Board of Dentistry mayadminister written, laboratory or clinical examinations to test professionalknowledge and skills.

      (2)The examination shall be sufficiently thorough to test the fitness of theapplicant to practice dental hygiene. It shall include, written in the Englishlanguage, questions on any subjects pertaining to dental hygiene. The writtenexamination may be supplemented by oral examination. Demonstrations of theapplicant’s skill in clinical dental hygiene also may be required.

      (3)The board may accept the results of national standardized examinations insatisfaction of the written examination as authorized by this section, andshall accept the results of regional testing agencies or of clinical boardexaminations administered by other states in satisfaction of the clinicalexamination authorized under this section, provided:

      (a)The test or examination was taken within five years of the date of application;and

      (b)The applicant received a passing score on the test or examination asestablished by the board by rule.

      (4)The board shall accept the results of regional testing agencies or of clinicalboard examinations administered by other states in satisfaction of theexaminations authorized under this section for applicants who have engaged inthe active practice of dental hygiene in Oregon, other states, the Armed Forcesof the United States, the United States Public Health Service or the UnitedStates Department of Veterans Affairs for a period of at least 3,500 hours inthe five years immediately preceding application and who meet all otherrequirements for licensure. [Amended by 1963 c.266 §6; 1983 c.169 §22; 2001c.193 §2; 2003 c.83 §10; 2005 c.229 §2; 2009 c.582 §2]

 

      680.070Additional requirements for certain applicants; rules. The Oregon Boardof Dentistry may adopt rules requiring additional education and examination ofapplicants who have failed the licensing examination three times. [Amended by1963 c.266 §7; 1967 c.90 §2; 1971 c.34 §3; 1977 c.444 §4; 1979 c.526 §2; 1981c.232 §3; 1983 c.169 §23; 2003 c.83 §11]

 

      680.072Issuing license.The Oregon Board of Dentistry shall, upon the applicant’s satisfactorycompletion of the educational requirements and written, laboratory and clinicalexaminations authorized under ORS 680.060 and upon receipt of the requisitefees, issue or renew the appropriate dental hygiene license. [1983 c.169 §26]

 

      680.075License fees; waiver; reinstatement of inactive status license; notice ofchange of address.(1) The Oregon Board of Dentistry may impose application fees for thefollowing:

      (a)Examinations;

      (b)Biennial dental hygiene license, active;

      (c)Biennial dental hygiene license, inactive;

      (d)Permits and certificates; and

      (e)Delinquency.

      (2)Subject to prior approval of the Oregon Department of Administrative Servicesand a report to the Emergency Board prior to adopting the fees and charges, thefees and charges established under this section and ORS chapter 679 shall notexceed the costs of administering the regulatory program of the board as authorizedby the Legislative Assembly within the board budget, as the budget may bemodified by the Emergency Board.

      (3)(a)The board may waive the payment of the license fee in the case of any licenseewho furnishes satisfactory evidence that the licensee has discontinued theactual practice of dental hygiene because of retirement.

      (b)Application to reinstate a license retired under paragraph (a) of thissubsection or to convert an inactive status license to an active status licenseshall be made in accordance with the rules of the board and with the submissionof the license fee prescribed for such license; provided, however, that if morethan one year has expired since the license was retired or inactivated,satisfactory evidence of clinical competence must be submitted to the board.

      (4)Every dental hygienist shall advise the board within 30 days of any change ofaddress.

      (5)Each dental hygienist must renew the hygienist’s license every two yearsthrough submitting a renewal application and paying the license fee.

      (6)Dental hygienists licensed in even-numbered years must renew by September 30 ofeach even-numbered year. Dental hygienists licensed in odd-numbered years mustrenew by September 30 of each odd-numbered year.

      (7)A reasonable charge may be made in the event that the license fee or renewalapplication is more than 10 days delinquent.

      (8)Fees paid are not refundable. [1983 c.169 §25; 1985 c.323 §17; 1989 c.338 §9;1991 c.703 §26]

 

      680.080 [Amended by1963 c.266 §8; 1973 c.122 §3; 1975 c.323 §3; 1979 c.526 §3; 1983 c.169 §27;1991 c.67 §183; repealed by 1999 c.578 §6]

 

      680.082Licensure of dental hygiene instructor; rules. (1)Notwithstanding any other provision of ORS 680.010 to 680.205, the Oregon Boardof Dentistry shall issue a dental hygiene instructor’s license to any personwho:

      (a)Is or will be a full-time instructor of dental hygiene engaged in the practiceof dental hygiene, including but not limited to participation in a facultypractice plan within the scope of the applicant’s employment at the OregonHealth and Science University;

      (b)Is a graduate of a dental hygiene program accredited by the Commission onDental Accreditation of the American Dental Association or its successoragency, if any; and

      (c)Is licensed to practice dental hygiene in another state or a Canadian province.

      (2)The board shall by rule establish standards, procedures and fees for theissuance, suspension, revocation and renewal of a dental hygiene instructor’slicense.

      (3)The board may refuse to issue or renew a dental hygiene instructor’s license toan applicant or licensee:

      (a)Who has been convicted of an offense or disciplined by a dental licensing bodyin a manner that bears, in the judgment of the board, a demonstrablerelationship to the ability of the applicant or licensee to practice dentalhygiene in accordance with the provisions of ORS 680.010 to 680.205;

      (b)Who has falsified an application for licensure; or

      (c)For cause as described under ORS 679.140 or 679.170.

      (4)An applicant who receives a dental hygiene instructor’s license is restrictedto the practice of dental hygiene in a facility devoted to dental care on thecampus of the Oregon Health and Science University.