TITLE 828 STATE BOARD OF DENTISTRY

Adds 828 IAC 0.5-1-6.3, 828 IAC 0.5-1-6.6, 828 IAC 0.5-1-7.1, 828 IAC 0.5-1-7.2, 828 IAC 0.5-1-7.3, 828 IAC 0.5-1-7.4, 828 IAC 0.5-1-9.1, 828 IAC 0.5-1-9.2, and 828 IAC 0.5-1-9.3 to implement rules based on House Enrolled Act 1172 (P.L.134-2008) concerning definitions of "direct supervision" and "prescriptive supervision", definitions concerning dental assistants, definitions related to the administration of local anesthesia by dental hygienists, and definitions related to coronal polishing and application of caries prevention agents. Amends 828 IAC 0.5-2-4 to establish the fees for the application and renewal of a dental anesthetics permit for dental hygienists established by House Enrolled Act 1172 (P.L.134-2008). Amends 828 IAC 1-1-15 to implement rule changes based on House Enrolled Act 1172 (P.L.134-2008) concerning professional conduct and competency of dentists, the supervision of dental hygienists and dental assistants, and responsibility for supervision. Amends 828 IAC 1-2-13 to implement rule changes based on House Enrolled Act 1172 (P.L.134-2008) concerning professional conduct and competency of dental hygienists, the practice of dental hygiene, the direct supervision of and prescriptive supervision granted to dental hygienists, and the locations for the practice of dental hygiene. Adds 828 IAC 3-2 to implement rules based on House Enrolled Act 1172 (P.L.134-2008), including establishing education and training requirements, application requirements, renewal requirements for the issuance and renewal of a dental hygiene anesthetic permit and the administration of local anesthetics. Adds 828 IAC 6 to establish requirements for coronal polishing by dental assistants, application of caries prevention agents by dental assistants, and supervision of dental assistants. Effective 30 days after filing with the Publisher.

SECTION 1. 828 IAC 0.5-1-6.3 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-10

Sec. 6.3. "Charitable dental care clinic" means a fixed dental clinic operated by a charitable organization within the meaning of Section 501(c)(3) of the Internal Revenue Code that:

SECTION 2. 828 IAC 0.5-1-6.6 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-14-1-23

Sec. 6.6. "Coronal polishing" means the use of a prophylaxis cup or occlusal polishing brush attached to a slow speed hand piece to polish the coronal surface of teeth.

SECTION 3. 828 IAC 0.5-1-7.1 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-14-1-1.5; IC 25-14-1-23

Sec. 7.1. "Dental assistant" has the meaning set forth in IC 25-14-1-1.5.

SECTION 4. 828 IAC 0.5-1-7.2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-14-1-3.1; IC 25-13-1-10.6; IC 25-13-1-11

Sec. 7.2. "Dental hygiene anesthetic permit" means a credential issued to a licensed dental hygienist to administer local dental anesthetics under the direct supervision of a licensed dentist.

SECTION 5. 828 IAC 0.5-1-7.3 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-2; IC 25-14-1-1.5

Sec. 7.3. "Dental hygienist" has the meaning set forth in IC 25-13-1-2(a).

SECTION 6. 828 IAC 0.5-1-7.4 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-2; IC 25-13-1-10; IC 25-14-1-1.5

Sec. 7.4. "Direct supervision" has the meaning set forth in:

SECTION 7. 828 IAC 0.5-1-9.1 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-10.6

Sec. 9.1. "Local dental anesthetics" means a drug or drugs administered by an intraoral block or infiltration injection into the oral tissues of a patient for elimination of sensation, especially pain. The term does not include nitrous oxide or similar analgesics.

SECTION 8. 828 IAC 0.5-1-9.2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-2; IC 25-13-1-10

Sec. 9.2. "Prescriptive supervision" has the meaning set forth in IC 25-13-1-2(j).

SECTION 9. 828 IAC 0.5-1-9.3 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-2

Sec. 9.3. "Public health setting" has the meaning set forth in IC 25-13-1-2(h).

SECTION 10. 828 IAC 0.5-2-4 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-8; IC 25-14-1-10

Sec. 4. The board shall charge and collect the following fees related to the practice of dental hygiene:

	(1) Application for licensure	$100
	(2) Repeat law examination only	$25
	(3) License renewal	$50 biennially
	(4) Dental hygiene intern permit application	$50
	(5) Dental hygiene intern permit renewal	$25
	(6) Verification of dental hygiene licensure to another state	$10
	(7) Duplicate wall license	$10
	(8) Reinstatement of inactive license	$100
	(9) Application for dental hygiene anesthetic permit	$25
	(10) Renewal of dental hygiene anesthetic permit	$25

SECTION 11. 828 IAC 1-1-15 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-1-9-9

Sec. 15. (a) Dental incompetence or improper conduct of a dentist includes, but is not limited to, any one (1) or any combination of the following acts:

(b) Any dentist holding a general anesthesia-deep sedation or light parenteral conscious sedation permit who:

(c) Any dentist who utilizes general anesthesia-deep sedation or light parenteral conscious sedation without a permit is subject to disciplinary action by the board under IC 25-1-9-9. The fact that the patient was not injured by the use of general anesthesia, deep sedation, or light parenteral conscious sedation is not a defense to this subsection.

(d) The board may order a licensed dentist to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is at issue in a disciplinary proceeding. The choice of the practitioner is subject to approval by the board.

(e) Dentists shall:

SECTION 12. 828 IAC 1-2-13 IS AMENDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-10; IC 25-14-1-19.1

Sec. 13. (a) The board may determine dental hygiene competency on a case by case basis using comparable or equal standards as used in determining qualifications for initial licensure.

(b) "Dental hygiene incompetency or improper conduct of dental hygienists" includes, but is not limited to, any one (1) or any combination of the following acts:

(c) The Indiana state board of dental examiners may order a dental hygienist to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is at issue in a disciplinary proceeding. The choice of the practitioner to administer the examination is subject to approval by the board.

(d) As a condition of reinstatement of a suspended or revoked license, the board may, at its discretion, require the applicant for reinstatement to submit to all or part of the examination for initial licensure or to a similar examination.

SECTION 13. 828 IAC 3-2 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-13-1-10.6; IC 25-13-1-11

Sec. 1. (a) A dental hygienist currently licensed to practice dental hygiene in Indiana may be issued a permit to administer local dental anesthetics under the direct supervision of a licensed dentist if the following requirements are met:

(b) A permit issued under this rule:

Affected: IC 25-13-1-10.6; IC 25-13-1-11

Sec. 2. (a) An applicant for a dental hygiene anesthetic permit shall complete a course in local anesthesia administration in an educational program accredited by the Commission on Dental Accreditation of the American Dental Association that includes, at a minimum, fifteen (15) hours of didactic instruction and fourteen (14) hours of laboratory work covering the following subject areas:

(b) As part of the educational requirement, the dental hygienist will be required to take and pass the North East Regional Board (NERB) local anesthesia examination or a substantially equivalent regional or state examination prior to completion of the program.

Affected: IC 25-13-1-10.6; IC 25-13-1-11

Sec. 3. A dental hygienist who attended an out-of-state education program or curriculum to administer local dental anesthetics accredited by the Commission on Dental Accreditation of the American Dental Association or approved by the board must:

Affected: IC 25-13-1-10.6; IC 25-13-1-11

Sec. 4. A permit issued under this rule shall be conspicuously displayed in the facility where the dental hygienist is practicing.

SECTION 14. 828 IAC 6 IS ADDED TO READ AS FOLLOWS:

Affected: IC 25-14-1-23

Sec. 1. (a) A dental assistant who has been employed in a dental practice for a minimum of one (1) year or has graduated from a program accredited by the Commission on Dental Accreditation of the American Dental Association and who has completed the requirements in subsection (b) may apply medicaments for the control or prevention of dental caries under the direct supervision of a licensed dentist.

(b) A dental assistant may not apply medicaments for the control or prevention of dental caries until satisfactory completion of an educational program or curriculum accredited by the Commission on Dental Accreditation of the American Dental Association or approved by the board in the following order that includes, at a minimum:

Affected: IC 25-14-1-23

Sec. 2. (a) A dental assistant who has been employed in a dental practice for a minimum of one (1) year or has graduated from a program accredited by the Commission on Dental Accreditation of the American Dental Association and who has completed the requirements in subsection (b) may polish the coronal surface of teeth under the direct supervision of a licensed dentist.

(b) A dental assistant may not polish the coronal surface of teeth until satisfactory completion of an educational program or curriculum accredited by the Commission on Dental Accreditation of the American Dental Association or approved by the board in the following order that includes, at a minimum:

Affected: IC 25-14-1-23

Sec. 3. (a) Before permitting a dental assistant to apply medicaments for the control or prevention of dental caries, the supervising dentist shall verify that the dental assistant has completed the educational requirements for caries prevention set forth in section 1 of this rule.

(b) Before permitting a dental assistant to polish the coronal surface of teeth, the supervising dentist shall verify that the dental assistant has completed the educational requirements for coronal polishing set forth in section 2 of this rule.

(c) The following shall be publicly displayed in the dental office:

Affected: IC 25-13-1; IC 25-14-1-23

Sec. 4. Except for the procedures described in sections 1 and 2 of this rule, procedures allocated to a licensed dental hygienist under IC 25-13-1 may not be delegated to a dental assistant.

Affected: IC 25-14-1-23

Sec. 5. (a) A dental assistant who has completed an out-of-state dental assisting program accredited by the Commission on Dental Accreditation of the American Dental Association or an out-of-state continuing education program with the equivalent hours and curriculum as stated in sections 1 and 2 of this rule, to apply medicaments for the control or prevention of dental caries or to polish the coronal surface of teeth, must provide a syllabus of course work successfully completed by the applicant.

(b) The course work must be equal to or greater than the requirements specified in sections 1 and 2 of this rule.

(c) If the out-of-state curriculum is less than the Indiana requirements to apply medicaments for the control or prevention of dental caries or to polish the coronal surface of teeth, then the dental assistant must complete the laboratory work and clinical competency portion of section 1 of this rule at a board approved course in Indiana and obtain a certificate of completion from the educational program. The dental assistant shall display the diploma from the program accredited by the Commission on Dental Accreditation of the American Dental Association or certificate of completion from the board approved course.

DIN: 20101229-IR-828100237FRA

Composed: Apr 27,2024 12:06:33PM EDT

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