32-1207

32-1207. Powers and duties; fees;
definition

A. The board shall:

1. Adopt rules not inconsistent with this chapter for the regulation of its own
conduct, for holding examinations and for regulating the practice of dentists and
supervised personnel and registered business entities, provided:

(a) Regulation of supervised personnel is based on the degree of education and
training of the supervised personnel, the state of scientific technology available and
the necessary degree of supervision of the supervised personnel by dentists.

(b) Except as provided pursuant to section 32-1281, only licensed dentists may
perform diagnosis and treatment planning, prescribe medication and perform surgical
procedures on hard and soft tissues.

(c) Only a licensed dentist, or dental hygienist in consultation with a dentist,
may perform examinations, oral health assessments and treatment sequencing for dental
hygiene procedures.

2. Adopt a seal.

3. Maintain a record that shall remain available to the board at all times of its
acts and proceedings, including the issuance, denial, renewal, suspension or revocation
of licenses and the disposition of complaints. The existence of a pending complaint or
investigation shall not be disclosed to the public. Records of complaints shall be
available to the public, except only as follows:

(a) If the board dismisses or terminates a complaint, the record of the complaint
shall not be available to the public.

(b) If the board has issued a nondisciplinary letter of concern, the record of the
complaint shall be available to the public only for a period of five years after the date
the board issued the letter of concern.

(c) If the board has required additional nondisciplinary continuing education
pursuant to section 32-1263.01 but has not taken further action, the record of the
complaint shall be available to the public only for a period of five years after the
licensee satisfies this requirement.

(d) If the board has assessed a nondisciplinary civil penalty pursuant to section
32-1208 but has not taken further action, the record of the complaint shall be available
to the public only for a period of five years after the licensee satisfies this
requirement.

4. Establish a uniform and reasonable standard of minimum educational requirements
consistent with the accreditation standards of the American dental association commission
on dental accreditation to be observed by dental schools and dental hygiene schools in
order to be classified as recognized dental schools or dental hygiene schools.

5. Establish a uniform and reasonable standard of minimum educational requirements
that are consistent with the accreditation standards of the United States department of
education or the council on higher education accreditation and that must be observed by
denture technology schools in order to be classified as recognized denture technology
schools.

6. Determine the reputability and classification of dental schools, dental hygiene
schools and denture technology schools in accordance with their compliance with the
standard set forth in paragraph 4 or 5 of this subsection, whichever is applicable.

7. Issue licenses to those it determines are eligible for licensure pursuant to
this chapter.

8. Determine the eligibility of applicants for restricted permits and issue
restricted permits to those found eligible.

9. Pursuant to section 32-1263.02, investigate charges of misconduct on the part of
licensees and persons to whom restricted permits have been issued.

10. Issue a letter of concern, which is not a disciplinary action, but refers to
practices that may lead to a violation and to disciplinary action.

11. Issue decrees of censure, fix periods and terms of probation, suspend or revoke
licenses, certificates and restricted permits, as the facts may warrant, and reinstate
licenses, certificates and restricted permits in proper cases.

12. Collect and disburse monies.

13. Perform all other duties that are necessary to enforce this chapter and that are
not specifically or by necessary implication delegated to another person.

14. Establish criteria for the renewal of permits issued pursuant to board rules
relating to general anesthesia and sedation.

B. The board may:

1. Sue and be sued.

2. Issue subpoenas, including subpoenas to the custodian of patient records, compel
attendance of witnesses, administer oaths and take testimony concerning all matters
within its jurisdiction. If a person refuses to obey a subpoena issued by the board, the
refusal shall be certified to the superior court and proceedings shall be instituted for
contempt of court.

3. Adopt rules:

(a) Prescribing requirements for continuing education for renewal of all licenses
issued pursuant to this chapter.

(b) Prescribing educational and experience prerequisites for the administration of
intravenous or intramuscular drugs for the purpose of sedation or for use of general
anesthetics in conjunction with a dental treatment procedure.

(c) Prescribing requirements for obtaining licenses for disabled or retired
licensees, including the triennial license renewal fee.

4. Hire consultants to assist the board in the performance of its duties and employ
persons to provide investigative, professional and clerical assistance as it deems
necessary.

5. Contract with other state or federal agencies as required to carry out the
purposes of this chapter.

6. Order and evaluate physical, psychological, psychiatric and competency testing
of licensed dentists and dental hygienists and certified denturists and candidates for
licensure and certification as the board determines necessary.

C. Members of the board are personally immune from liability with respect to all
acts done and actions taken in good faith and within the scope of their authority.

D. The board by rule shall require that a licensee obtain a permit for the
application of general anesthesia, semiconscious sedation or conscious sedation, shall
establish and collect a fee of not more than three hundred dollars to cover
administrative costs connected with issuing the permit and shall conduct inspections to
assure compliance.

E. The board by rule may establish and collect fees for license verification, board
meeting agendas and minutes, published lists and mailing labels.

F. Nothing in this section prohibits the board from conducting its authorized
duties in a public meeting.

G. For the purposes of this section, "record of complaint" means the document
reflecting the final disposition of a complaint or investigation.