CHAPTER 1. REGULATION OF DENTAL HYGIENISTS BY STATE BOARD OF DENTISTRY
IC 25-13
ARTICLE 13. DENTAL HYGIENISTS
IC 25-13-1
Chapter 1. Regulation of Dental Hygienists by State Board ofDentistry
IC 25-13-1-1
Short title
Sec. 1. This chapter may be known and cited as The DentalHygienist Act of Indiana.
(Formerly: Acts 1945, c.90, s.1.) As amended by Acts 1982, P.L.154,SEC.46.
IC 25-13-1-2
Definitions
Sec. 2. As used in this article:
(a) "Dental hygienist" means one who is especially educated andtrained in the science and art of maintaining the dental health of theindividual or community through prophylactic or preventivemeasures applied to the teeth and adjacent structures.
(b) "License" means the license to practice dental hygiene issuedby the state board of dentistry to dental hygienist candidates whosatisfactorily pass the board's examinations.
(c) "Board" means the state board of dentistry established byIC 25-14-1.
(d) "Proprietor dentist" means a licensed dentist who is the ownerand operator of the dental office in which he practices the professionof dentistry and who employs at least one (1) dentist or dentalhygienist to supplement his operation and conduct of his dentaloffice.
(e) "Employer dentist" means a proprietor dentist who employs atleast one (1) dental hygienist to supplement his dental service to hisclientele.
(f) "Referral" means a recommendation that a patient seek furtherdental care from a licensed dentist, but not a specific dentist.
(g) "Screening" means to identify and assess the health of the hardor soft tissues of the human oral cavity.
(h) "Public health setting" means a location, including a mobilehealth care vehicle, where the public is invited for health care,information, and services by a program sponsored or endorsed by agovernmental entity or charitable organization.
(i) "Direct supervision" means that a licensed dentist is physicallypresent in the facility when patient care is provided by the dentalhygienist.
(j) "Prescriptive supervision" means that a licensed dentist is notrequired to be physically present in the facility when patient care isprovided by the dental hygienist if a licensed dentist has examinedthe patient and has prescribed the patient care within the previousforty-five (45) days.(Formerly: Acts 1945, c.90, s.2; Acts 1971, P.L.371, SEC.1.) Asamended by Acts 1981, P.L.222, SEC.109; P.L.185-1991, SEC.1;P.L.24-1999, SEC.7; P.L.134-2008, SEC.19.
IC 25-13-1-3
Necessity of license; Class B misdemeanor
Sec. 3. (a) Except as otherwise provided in this chapter, it isunlawful for any person to practice dental hygiene in Indiana withouta license from the board authorizing that person to practice dentalhygiene in this state.
(b) A person who knowingly or intentionally violates this sectioncommits a Class B misdemeanor.
(Formerly: Acts 1945, c.90, s.3.) As amended by Acts 1981, P.L.222,SEC.110; P.L.30-2005, SEC.1.
IC 25-13-1-4
License; application; examination; fee
Sec. 4. (a) Any person desiring to practice dental hygiene inIndiana must procure from the board a license to practice dentalhygiene. To procure a license, the applicant must submit to the boardproof of graduation from an institution for educating dentalhygienists that is approved by the board and other credentialsrequired by this chapter, together with an application on formsprescribed and furnished by the board. Each applicant must pay tothe board an application fee set by the board under section 5 of thischapter at the time the application is made and must pass anexamination satisfactory to the board. For those applicants who failto pass an initial examination, subsequent examinations may be hadbefore the board upon payment of a fee set by the board undersection 5 of this chapter for each subsequent examination. The boardmay establish under section 5 of this chapter additional requirementsas a prerequisite to taking an examination for any applicant who hasfailed the examination two (2) or more times. Application fees arenot refundable.
(b) An applicant described under subsection (a) shall, at therequest of the board, make an appearance before the board.
(Formerly: Acts 1945, c.90, s.4; Acts 1971, P.L.371, SEC.2.) Asamended by Acts 1981, P.L.222, SEC.111; Acts 1982, P.L.113,SEC.46; P.L.169-1985, SEC.39; P.L.152-1988, SEC.10;P.L.48-1991, SEC.24.
IC 25-13-1-5
Powers and duties of board
Sec. 5. (a) The board shall enforce this chapter.
(b) The board may adopt rules consistent with this chapter andwith IC 25-14-1 necessary for the proper enforcement of this chapter,the examination of dental hygienists, and for the conduct of thepractice of dental hygiene.
(c) The board may utilize a dental hygienist education program'saccreditation by the Commission on Dental Accreditation of the
American Dental Association as evidence that the program has metall or part of the standards for dental hygienist education programsestablished by the board.
(Formerly: Acts 1945, c.90, s.5.) As amended by Acts 1981, P.L.222,SEC.112; P.L.354-1989(ss), SEC.1.
IC 25-13-1-6
Qualifications of applicant
Sec. 6. When applying to the board for examination, the applicantmust submit an application and the applicant's credentials, except forproof of the applicant's graduation from an institution for educatingdental hygienists, in the form and manner prescribed by the board atleast forty-five (45) days prior to the examination date. The applicantmust submit proof of the applicant's graduation at least seven (7)days before the examination date. The applicant:
(1) must not have been convicted of a crime that has a directbearing on the applicant's ability to practice competently; and
(2) must be a graduate of a school for dental hygienists that:
(A) is accredited by the Commission on DentalAccreditation of the American Dental Association;
(B) is recognized by the board; and
(C) requires a formal course of training of not less than two(2) years of eight (8) months each.
(Formerly: Acts 1945, c.90, s.6; Acts 1963, c.112, s.1.) As amendedby Acts 1981, P.L.222, SEC.113; Acts 1982, P.L.113, SEC.47;P.L.169-1985, SEC.40; P.L.149-1987, SEC.27; P.L.185-1991,SEC.2; P.L.48-1991, SEC.25; P.L.24-1999, SEC.8.
IC 25-13-1-6.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-13-1-7
Dental hygienist examinations
Sec. 7. The board's examination of applicants to practice dentalhygiene shall be held at such time and place as may be called by theboard for its examination of applicants for dental license. The dentalhygienist examination shall include a practical clinical test, theapplicant supplying the patient and necessary instruments andequipment, and such written or oral examination (or both) embracingthe subjects taught in dental hygienist's schools as the board mayrequire. The board may recognize licenses issued by other states asprovided in section 17 of this chapter, and may recognize theexamination of the national board of dental examiners, if it isconsistent with the board's requirements.
(Formerly: Acts 1945, c.90, s.7; Acts 1963, c.112, s.2.) As amendedby Acts 1981, P.L.222, SEC.114.
IC 25-13-1-8
License; issuance; duration; fees; renewal Sec. 8. (a) A license to practice dental hygiene in Indiana shall beissued to candidates who pass the board's examinations. The licenseshall be valid for the remainder of the renewal period in effect on thedate the license was issued.
(b) Prior to the issuance of the license, the applicant shall pay afee set by the board under section 5 of this chapter. A license issuedby the board expires on a date specified by the Indiana professionallicensing agency under IC 25-1-5-4(k) of each even-numbered year.
(c) An applicant for license renewal must satisfy the followingconditions:
(1) Pay the renewal fee set by the board under section 5 of thischapter on or before the renewal date specified by the Indianaprofessional licensing agency in each even-numbered year.
(2) Subject to IC 25-1-4-3, provide the board with a swornstatement signed by the applicant attesting that the applicant hasfulfilled the continuing education requirements underIC 25-13-2.
(3) Be currently certified or successfully complete a course inbasic life support through a program approved by the board.The board may waive the basic life support requirement forapplicants who show reasonable cause.
(d) If the holder of a license does not renew the license on orbefore the renewal date specified by the Indiana professionallicensing agency, the license expires and becomes invalid withoutany action by the board.
(e) A license invalidated under subsection (d) may be reinstatedby the board in three (3) years or less after such invalidation if theholder of the license meets the requirements under IC 25-1-8-6(c).
(f) If a license remains invalid under subsection (d) for more thanthree (3) years, the holder of the invalid license may obtain areinstated license by meeting the requirements for reinstatementunder IC 25-1-8-6(d).
(g) The board may require the holder of an invalid license whofiles an application under this subsection to appear before the boardand explain why the holder failed to renew the license.
(h) The board may adopt rules under section 5 of this chapterestablishing requirements for the reinstatement of a license that hasbeen invalidated for more than three (3) years.
(i) The license to practice must be displayed at all times in plainview of the patients in the office where the holder is engaged inpractice. No person may lawfully practice dental hygiene who doesnot possess a license and its current renewal.
(j) Biennial renewals of licenses are subject to the provisions ofIC 25-1-2.
(Formerly: Acts 1945, c.90, s.8; Acts 1963, c.112, s.3; Acts 1971,P.L.371, SEC.3.) As amended by Acts 1981, P.L.222, SEC.115; Acts1982, P.L.113, SEC.48; P.L.169-1985, SEC.41; P.L.149-1987,SEC.29; P.L.185-1991, SEC.3; P.L.179-1996, SEC.1; P.L.44-2000,SEC.2; P.L.269-2001, SEC.7; P.L.1-2006, SEC.429; P.L.105-2008,SEC.27.
IC 25-13-1-9
Repealed
(Repealed by Acts 1971, P.L.371, SEC.4.)
IC 25-13-1-10
Locations for practice of dental hygiene; supervision requirements
Sec. 10. (a) A licensed dental hygienist may practice dentalhygiene in Indiana in the following:
(1) A dental office or clinical setting, except as described insubdivisions (3) through (5), where the dental hygienist ispracticing under the direct supervision of a legally practicingdentist.
(2) A dental school or dental hygiene school to teach anddemonstrate the practice of dental hygiene if direct supervisionby a licensed dentist is provided for training on providing localanesthetics by injection.
(3) The dental clinic of any public, parochial, or private schoolor other institution supported by public or private funds inwhich the licensee is employed by the state department ofhealth or any county or city board of health or board ofeducation or school trustee or parochial authority or thegoverning body of any private school where the dental hygienistis practicing under the direct or prescriptive supervision of alicensed dentist.
(4) The dental clinic of a bona fide hospital, sanitarium, orcharitable institution duly established and being operated underthe laws of Indiana in which the licensee is employed by thedirectors or governing board of such hospital, sanitarium, orinstitution. However, such practice must be under the direct orprescriptive supervision at all times of a licensed dentist who isa staff member of the hospital or sanitarium or a member of thegoverning board of the institution.
(5) A:
(A) fixed charitable dental care clinic;
(B) public health setting; or
(C) correctional institution;
that has been approved by the board and where the dentalhygienist is under the direct or prescriptive supervision of alicensed dentist.
(b) A licensed dental hygienist may provide without supervisionthe following:
(1) Dental hygiene instruction and in-service training withoutrestriction on location.
(2) Screening and referrals for any person in a public healthsetting.
(Formerly: Acts 1945, c.90, s.10.) As amended by Acts 1981,P.L.222, SEC.116; P.L.169-1985, SEC.42; P.L.155-1988, SEC.4;P.L.185-1991, SEC.4; P.L.2-1992, SEC.766; P.L.121-2007, SEC.3;P.L.134-2008, SEC.20.
IC 25-13-1-10.5
Dental hygienist students; anesthetics
Sec. 10.5. A student pursuing a course of study in dental hygienemay administer dental anesthetics during an educational course onthe practice of dental anesthetics if the course is:
(1) supervised by a dentist trained in the administration ofdental anesthetics; and
(2) conducted at a school described in section 6(2) of thischapter.
As added by P.L.121-2007, SEC.4.
IC 25-13-1-10.6
Administration of local dental anesthetics by dental hygienists
Sec. 10.6. (a) A licensed dental hygienist may administer localdental anesthetics under the direct supervision of a licensed dentistif the dental hygienist has:
(1) completed board approved educational requirements,including cardiopulmonary resuscitation and emergency caretraining; and
(2) received a board issued dental hygiene anesthetic permit.
(b) Local dental anesthetics do not include nitrous oxide or similaranesthetics.
As added by P.L.134-2008, SEC.21.
IC 25-13-1-11
Practice of dental hygiene; acts performed
Sec. 11. A person is deemed to be practicing dental hygienewithin the meaning of this chapter who:
(1) uses the titles "Licensed Dental Hygienist", "DentalHygienist", or the letters "L.D.H." or "D.H." in connection withhis or her name;
(2) holds himself or herself out to the public in any manner thathe or she can or will render services as a dental hygienist;
(3) removes calcific deposits or accretions from the surfaces ofhuman teeth or cleans or polishes such teeth;
(4) applies and uses within the patient's mouth such antisepticsprays, washes, or medicaments for the control or prevention ofdental caries as his or her employer dentist may direct;
(5) treats gum disease;
(6) uses impressions and x-ray photographs for treatmentpurposes; or
(7) administers local dental anesthetics, except for theadministration of local dental anesthetics by:
(A) a dentist as provided in IC 25-14-1-23(a)(6); or
(B) a physician licensed under IC 25-22.5.
(Formerly: Acts 1945, c.90, s.11; Acts 1963, c.112, s.4; Acts 1971,P.L.371, SEC.5.) As amended by Acts 1981, P.L.222, SEC.117;P.L.155-1988, SEC.5; P.L.134-2008, SEC.22.
IC 25-13-1-12 Exceptions
Sec. 12. Nothing in this chapter shall be interpreted or implied asoperating to prevent:
(1) a dentist who is duly licensed in Indiana;
(2) a bona fide dental student while engaged in dental schoolextramural educational programs with a licensed dentist who isan affiliate faculty member of the dental school;
(3) a duly licensed practitioner of medicine;
(4) a legal practitioner of dentistry or of dental hygiene in anyother state, while making a clinical demonstration before adental society in Indiana; or
(5) any commissioned dental officer in the regular United Statesarmed services, United States Public Health Service, or UnitedStates Department of Veterans Affairs, while engaged in thedischarge of official duties in Indiana;
from performing such services for health preservation, restoration,or diagnosis as are customarily within the field of their respectiveprofessional practices.
(Formerly: Acts 1945, c.90, s.12; Acts 1963, c.112, s.5.) As amendedby Acts 1982, P.L.154, SEC.47; P.L.169-1985, SEC.43; P.L.1-1990,SEC.251.
IC 25-13-1-13
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-13-1-14
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-13-1-15
Review of board's action; procedure
Sec. 15. Any licensee, or applicant for a license, aggrieved by theaction of the board shall have the right of review of the board'sactions thereon under the procedure provided in IC 4-21.5.
(Formerly: Acts 1945, c.90, s.14 1/2; Acts 1963, c.112, s.7.) Asamended by Acts 1982, P.L.154, SEC.48; P.L.7-1987, SEC.118.
IC 25-13-1-16
Repealed
(Repealed by Acts 1978, P.L.2, SEC.2570.)
IC 25-13-1-17
License by reciprocity
Sec. 17. (a) The board may issue a license upon payment of thefee set by the board under section 5 of this chapter by an applicantwho furnishes satisfactory proof that the applicant:
(1) is a dental hygienist;
(2) is currently licensed in some other state that has licensingrequirements substantially equal to those in effect in Indiana on
the date of application;
(3) has been in satisfactory practice for at least two (2) years outof the preceding five (5) years;
(4) passes the law examination; and
(5) has completed at least fourteen (14) hours of continuingeducation in the previous two (2) years.
However, all other requirements of this chapter must be met and thelicensing requirements of the law and the board of the state fromwhich such candidate comes may not be less than those prescribedin this chapter.
(b) An applicant who, before September 1, 1987, graduated froma school for dental hygienists that was recognized by the board at thetime the degree was conferred and that required a course of trainingof only one (1) year, and who has completed:
(1) one (1) year of internship in a dental clinic of an acceptedhospital;
(2) one (1) year of teaching, after graduation, in a school fordental hygienists; or
(3) five (5) years of actual dental practice as a dental hygienist;
may apply for licensure under this section if all other requirementsof this section are met.
(Formerly: Acts 1945, c.90, s.16; Acts 1971, P.L.371, SEC.6.) Asamended by Acts 1981, P.L.222, SEC.118; Acts 1982, P.L.113,SEC.49; P.L.169-1985, SEC.44; P.L.149-1987, SEC.30;P.L.33-1993, SEC.20; P.L.75-2002, SEC.2.
IC 25-13-1-17.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-13-1-17.2
Inactive license; renewal
Sec. 17.2. (a) The board may classify a license as inactive if theboard receives written notification from the dental hygienist that thedental hygienist will not practice as a dental hygienist in Indiana.
(b) The board may issue a license to the holder of an inactivelicense under this section if the applicant:
(1) pays the renewal fee set by the board;
(2) pays the reinstatement fee set by the board; and
(3) meets the continuing education requirements set by theboard.
As added by P.L.75-2002, SEC.3.
IC 25-13-1-18
Construction of certain terms
Sec. 18. Wherever the word "she," or the word "her" shall appearherein, they shall be construed also to mean "he" or "him"respectively.
(Formerly: Acts 1945, c.90, s.16a.)
IC 25-13-1-19
Liberal construction
Sec. 19. This chapter shall be deemed to be enacted in theinterests of public health, safety and welfare, and its provisions shallbe liberally construed to serve such interests.
(Formerly: Acts 1971, P.L.371, SEC.7.)