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Dental Practice Act Dental Corporation Act Rules &Regulations Last Updated August 2020 ARKANSAS DENTAL PRACTICE ACT STATE BOARD OF DENTAL CORPORATION ACT DENTAL EXAMINERS ULES EGULATIONS R & R Dental Practice Act Table of Contents Subchapter 1: General Provisions ………………….………….……..….. 2 Subchapter 2: Board of Dental Examiners ……………….………..……. 8 Subchapter 3: Licensing Generally ……………………………..……….. 14 Subchapter 4: Licensing of Certain Dental Assistants…..……………... 26 Subchapter 5: Anesthetics & Sedatives …..…………………….…….… 28 Subchapter 6: Mobile Dental Facilities …………………………..……… 30 Subchapter 7: Dental Hygienist Collaborative Care Program……….... 35 Subchapter 8: Criminal Background Checks……………………..…….. 38 1 DENTISTS, DENTAL HYGIENISTS AND DENTAL ASSISTANTS SUBCHAPTER. 1. General Provisions 2. Board of Dental Examiners 3. Licensing Generally 4. Licensing of Certain Dental Assistants 5. Anesthetics and Sedatives Subchapter I GENERAL PROVISIONS Section. 17-82-101. Short title. 17-82-102. Definitions. 17-82-103. Employment of hygienists - Scope of duties. 17-82-104. Unlawful practice. 17-82-105. Sales of dental services or appliances. 17-82-106. Advertising. 17-82-107. Pharmacists authorized to fill prescriptions. 17-82-108. Dental colleges. 17-82-109. Enforcement. Cross References. Dental Corporation Act §4-29-401 et seq. Effective Dates. Acts 1955, No. 14, §40: Jan. 27, 1955. Emergency clause provided: “It has been found and is declared by the General Assembly of the State of Arkansas that existing laws regulating the practice of dentistry are inadequate to protect the public against quackery and incompetency and to protect licensed dentists and dental hygienists against the practice of such arts by unlicensed persons, that there is urgent need for such protection, and that enactment of this measure will remedy this dangerous situation. Therefore, an emergency is declared to exist, and this act, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from the date of its approval.” Acts 1969, No. 91, §8: Feb. 21, 1969. Emergency clause provided: “It is hereby found and determined by the General Assembly that the authority of the State Board of Dental Examiners to define those acts which constitute the practice of dentistry and to prescribe the services which may be performed by Dental Hygienists and Dental Assistants is not clearly defined in the present laws; that the State Board of Dental Examiners does not now have the necessary authority to license and regulate dental specialists; and that the immediate effectiveness of this act is necessary to clarify and to prescribe the authority of the Board in these vital areas in order that the public will be properly protected. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health, and safety shall be in effect from the date of its passage and approval.” Acts 1973, No. 85, §10: Feb. 9, 1973. Emergency clause provided: “It is hereby found and determined by the General Assembly that the authority of the State Board of Dental Examiners to regulate the form of certain advertising is not clearly defined in the present laws; that the State Board of Dental Examiners does not now have the necessary authority to accept the results of the National Board of Dental Examiners and to cooperate with other states in administering clinical examinations; that the State Board of Dental Examiners does not have authority to establish 2 examination and licensing fees for dentists and dental hygienists; that the State Board of Dental Examiners does not now have the necessary authority to establish by regulation standards of professional conduct or to revoke or suspend licenses for violation of said standards; that Dental Practice Act does not now exempt from licensing requirements activities of dental students, interns or residents in approved programs of study, internship or residency within the state; that is necessary to clarify and prescribe the authority of the Board in these vital areas in order that the public will be properly protected. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.” Acts 1977, No. 285, §9: Mar. 11, 1977. Emergency clause provided: “It is hereby found and determined by the General Assembly that certain language used in defining the practice of dental hygiene in the present law is archaic; that present law prohibits foreign dentists and dental graduates from practicing in this state; that certain fees required to be paid by dentists and dental hygienists as a condition of licensure and renewal thereof are too low to generate sufficient revenue for the Board to effectively administer the law; that the secretary-treasurer of the Board cannot now receive a per diem allowance as can other members of the Board; that teachers of dentistry in a purely academic setting are not now exempt from the requirements of licensure; and that it is necessary to clarify and prescribe the authority of the Board in these vital areas in order that the public be properly protected. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in effect from the date of its passage and approval.” Acts 1993, No. 883, §5: Apr. 5, 1993. “It is hereby found and determined by the General Assembly that there is urgent need to authorize dental hygienists to work under general supervision of a licensed dentist in certain settings; that this act is designed to permit such practice under strict guidelines and should be given effect immediately. Therefore, an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.” Acts 1995, No. 105, §5: Feb. 1, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly of the State of Arkansas that it is necessary for a dental hygienist to provide local anesthetic services to the general public and that therefore immediate effect should be given to this measure. Therefore, an emergency is hereby declared to exist and this act being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval.” 17-82-101. SHORT TITLE. This chapter may be known and cited as the “Arkansas Dental Practice Act.” History. Acts 1955, No. 14, §1; A.S.A. 1947, §72-534. 17-82-102. DEFINITIONS. For the purposes of this chapter, unless the context otherwise requires: (1)(A) “Practicing dentistry” means: (i) The evaluation, diagnosis, prevention and treatment by nonsurgical, surgical or related procedures of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders and conditions unrelated to the oral cavity, maxillofacial area and the adjacent and associated structures; and (ii) The sale or offer for sale of those articles or services of dentistry enumerated in §17- 82-105(a). 3 (B) “Practicing dentistry” shall include, but not be limited to, the administration of anesthetics for the purpose of or in connection with the performance of any of the acts, services, or practices enumerated or described in this section. (C) Nothing herein shall be construed to prohibit a licensed physician from extracting teeth in an emergency when, in his or her considered professional judgment, it is necessary and when it is not practicable or reasonable to secure the services of a licensed dentist; and (2)(A) “The practice of dental hygiene” means the assessment, prevention, and treatment of oral diseases provided by a licensed dental hygienist under the supervision of a licensed dentist as set out in the regulations of the Arkansas State Board of Dental Examiners. (B) The practice of dental hygiene shall include the removal of deposits from supergingival and subgingival surfaces of the teeth and any other services which the Board may authorize by regulation and which are not prohibited by any provision of this chapter. History. Acts 1955. No. 14, §§10, 13; 1969, No. 91, §1; 1977, No. 258, §1; 1981, No. 889, §1; A.S.A. 1947, §§72-543, 72-546; 1999, No. 143, §1; 2001, No. 439, §1. Amendments. The 1999 amendment rewrote (1)(A). The 2001 amendment rewrote (2). 17-82-103. EMPLOYMENT OF HYGIENISTS – SCOPE OF DUTIES. (a) Licensed dentists may employ licensed dental hygienists to act as assistants and to perform the acts, services and practices described in §17-82-102 consistently with the provision of subsection (b) of this section. (b)(1) No dental hygienist shall engage in any of the acts, services or practices described in §17- 82-102 and the regulations of the Arkansas State Board of Dental Examiners except as specifically provided in that section and those regulations. (2) All dental hygienist acts, services, and practices shall be performed under the supervision of a licensed dentist with the supervision being defined in regulations of the Board. (c)(1) No dental hygienist shall administer any anesthetic other than the administration under the supervision of a licensed dentist of a local anesthetic using topical application or regional injection of a drug as delineated in regulations promulgated by the Arkansas State Board of Dental Examiners. (2) A dental hygienist shall apply to the board for a certificate to administer local anesthetics. The board shall not issue a certificate until the applicant has met the requirements set forth by the board. (3) The Board shall require proof of a current certificate of a health-care-provider level of basic life support before issuing a certificate and a yearly renewal certificate to administer local anesthetics.
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