No. 31136 (Amendment): R156-69. Dentist and Dental Hygienist Practice Act Rules

DAR File No.: 31136
Filed: 04/10/2008, 05:32
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2008 General Session, the Legislature passed S.B. 174 which amended Title 58, Chapter 69. The legislation eliminated licensure by equivalency of dentists or dental hygienists educated in programs located outside of the United States. The elimination of Section R156-69-302a is in response to the changes made in the governing statute. Also, during a routine review of the rule language, a mistake was found in Subsection R156-69-603(11)(a) dealing with the requirements a dental assistant must meet to expose radiographs. Currently, the rule requires the assistant to complete a dental assisting course and pass an examination. Members of the Dentist and Dental Hygienist Board indicated the correct wording should be complete a dental assisting course or pass an examination. At the end of 2007, this change was submitted as a nonsubstantive change, but was rejected and found to be a substantive change in that it changes the requirements to practice a specific task, exposing radiographs. (DAR NOTE: S.B. 174 (2008) is found at Chapter 269, Laws of Utah 2008, and will be effective 05/05/2008.)

Summary of the rule or change:

The term "rules" has been replaced with "rule" throughout the rule. Section R156-69-302a is deleted because the statute changed and now requires all schools to be accredited by the Commission on Dental Accreditation of the American Dental Association. In Section R156-69-603, changes the "and" between Subsections R156-69-603(11)(a) and (b) to an "or" thus only requiring a dental assistant to complete a dental assisting course or pass an examination to be able to expose radiographs.

State statutory or constitutional authorization for this rule:

Section 58-69-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The division will incur minimal costs of approximately $50 to reprint the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the division's current budget.

local governments:

The proposed amendments do not apply to local governments; therefore, no costs or savings are anticipated. The proposed amendments only apply to applicants for licensure as a dentist or dental hygienist and unlicensed dental assistants who want to expose radiographs.

small businesses and persons other than businesses:

A dental office may save money when utilizing a dental assistant under the proposed rule change because the assistant would not be required to complete both the course and the examination, thus saving the cost of one of those requirements, which would be approximately $30 to $60. However, the division has been informed that few dentists are following the current rule because they recognized it was an error and went beyond the standards established nationally for an assistant to take dental x-rays. Given that information, the proposed rule change should have little effect on a dental practice. The division is unable to determine an aggregate savings amount since dental assistants are not licensed by the division and we do not know how many dental assistants are working within the state. The division is unaware of any individual who has or would have qualified for licensure by equivalency under the old statute provision. Therefore, this rule amendment should not have any effect on the profession or anyone who utilizes those professional services.

Compliance costs for affected persons:

Unlicensed individuals working for a dentist as a dental assistant will only be required to complete a course or take an examination for a cost savings of approximately $30 to $60 per dental assistant.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated beyond that considered in passage of recent statutory amendments. A positive fiscal impact to businesses could result from the simplification of the requirement regarding dental assistants exposing radiographs. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Laura Poe at the above address, by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2008

This rule may become effective on:

06/09/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-69. Dentist and Dental Hygienist Practice Act Rule[s].

R156-69-101. Title.

Th[ese]is rule[s are] is known as the "Dentist and Dental Hygienist Practice Act Rule[s]."

 

R156-69-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 69, as used in Title 58, Chapters 1 and 69 or th[ese]is rule[s]:

(1) "ACLS" means Advanced Cardiac Life Support.

(2) "ADA" means the American Dental Association.

(3) "ADA CERP" means American Dental Association Continuing Education Recognition Program.

(4) "BCLS" means Basic Cardiac Life Support.

(5) "ADHA" means the American Dental Hygienists' Association.

(6) "CPR" means cardiopulmonary resuscitation.

(7) "CRDTS" means the Central Regional Dental Testing Service, Inc.

(8) "Competency" means displaying special skill or knowledge derived from training and experience.

(9) "Conscious sedation" means a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command, produced by a pharmacologic or non-pharmacologic method, or a combination thereof.

(10) "DANB" means the Dental Assisting National Board, Inc.

(11) "Deep sedation" means a controlled state of depressed consciousness, accompanied by partial loss of protective reflexes, including inability to respond purposefully to verbal command, produced by a pharmacologic or non-pharmacologic method, or combination thereof.

(12) "General anesthesia" means a controlled state of unconsciousness accompanied by partial or complete loss of protective reflexes, including inability to independently maintain an airway and respond purposefully to physical stimulation or verbal command, produced by a pharmacologic or non-pharmacologic method or a combination thereof.

(13) "NERB" means Northeast Regional Board of Dental Examiners, Inc.

(14) "SRTA" means Southern Regional Testing Agency, Inc.

(15) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 69, is further defined, in accordance with Subsection 58-1-203(5), in Section R156-69-502.

(16) "UDA" means Utah Dental Association.

(17) "UDHA" means Utah Dental Hygienists' Association.

(18) "WREB" means the Western Regional Examining Board.

 

R156-69-103. Authority - Purpose.

Th[ese]is rule[s are] is adopted by the division under the authority of Subsection 58-1-106(1)(a) to enable the division to administer Title 58, Chapter 69.

 

[R156-69-302a. Qualifications for Licensure - Education Requirements for Graduates of Dental or Dental Hygiene Schools Located Outside the United States.

The satisfactory documentation of compliance with the licensure requirement set forth in Subsections 58-69-302(1)(d)(ii) and 58-69-302(3)(d)(ii) shall be a report submitted to the division by the International Credentialing Associates, Inc. confirming that the applicant's dental school or dental hygiene school has met the accreditation standards.

]

R156-69-603. Use of Unlicensed Individuals as Dental Assistants.

In accordance with Section 58-69-803, the standards regulating the use of unlicensed individuals as dental assistants are that an unlicensed individual shall not, under any circumstance:

(1) render definitive treatment diagnosis;

(2) place, condense, carve, finish or polish restorative materials, or perform final cementation;

(3) cut hard or soft tissue or extract teeth;

(4) remove stains, deposits, or accretions, except as is incidental to polishing teeth coronally with a rubber cup;

(5) initially introduce nitrous oxide and oxygen to a patient for the purpose of establishing and recording a safe plane of analgesia for the patient, except under the direct supervision of a licensed dentist;

(6) remove bonded materials from the teeth with a rotary dental instrument or use any rotary dental instrument within the oral cavity except to polish teeth coronally with a rubber cup;

(7) take jaw registrations or oral impressions for supplying artificial teeth as substitutes for natural teeth, except for diagnostic or opposing models for the fabrication of temporary or provisional restorations or appliances;

(8) correct or attempt to correct the malposition or malocclusion of teeth, or make an adjustment that will result in the movement of teeth upon an appliance which is worn in the mouth;

(9) perform sub-gingival instrumentation;

(10) render decisions concerning the use of drugs, their dosage or prescription; or

(11) expose radiographs without meeting the following criteria:

(a) completing a dental assisting course accredited by the ADA Commission on Dental Accreditation; [and]or

(b) passing one of the following examinations:

(i) the DANB Radiation Health and Safety Examination (RHS); or

(ii) a radiology exam approved by the board that meets the criteria established in Section R156-69-604.

 

KEY: licensing, dentists, dental hygienists

Date of Enactment or Last Substantive Amendment: [August 22, 2006]2008

Notice of Continuation: June 19, 2006

Authorizing, and Implemented or Interpreted Law: 58-69-101; 58-1-106(1)(a); 58-1-202(1)(a)