CHAPTER 1. REGULATION OF DENTISTS; CREATION OF BOARD
IC 25-14
ARTICLE 14. DENTISTS
IC 25-14-1
Chapter 1. Regulation of Dentists; Creation of Board
IC 25-14-1-0.5
Repealed
(Repealed by P.L.258-1987, SEC.3.)
IC 25-14-1-1
Necessity for license
Sec. 1. (a) Except as permitted under this chapter, it is unlawfulfor any person to practice dentistry in Indiana who is not licensedunder this chapter.
(b) This chapter does not prohibit:
(1) a hospital;
(2) a public health clinic;
(3) a federally qualified health center;
(4) a rural health center;
(5) a charitable health clinic;
(6) a governmental entity;
(7) a contractor or subcontractor of a governmental entity; or
(8) another entity specified by a rule of the board;
from providing dental health services if the dental health services areprovided by dentists (licensed under this chapter) or dental hygienists(licensed under IC 25-13).
(Formerly: Acts 1913, c.138, s.1.) As amended by P.L.102-2000,SEC.1.
IC 25-14-1-1.5
Definitions
Sec. 1.5. As used in this article:
"Agency" refers to the Indiana professional licensing agencyestablished by IC 25-1-5-3.
"Board" refers to the state board of dentistry established underthis chapter.
"Deep sedation" means a controlled state of depressedconsciousness, accompanied by partial loss of protective reflexes,including inability to respond purposefully to verbal command,produced by a pharmacologic method.
"Dental assistant" means a qualified dental staff member, otherthan a licensed dental hygienist, who assists a licensed dentist withpatient care while working under the dentist's direct supervision.
"Direct supervision" means that a licensed dentist is physicallypresent in the facility when patient care is provided by the dentalassistant.
"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, producedby a pharmacologic method.
"Light parenteral conscious sedation" means a minimallydepressed level of consciousness under which an individual retainsthe ability to independently and continuously maintain an airway andrespond appropriately to physical stimulation and verbal command,produced by an intravenous pharmacologic method.
As added by P.L.258-1987, SEC.1. Amended by P.L.24-1999, SEC.9;P.L.1-2006, SEC.430; P.L.134-2008, SEC.23.
IC 25-14-1-2
State board of dentistry; members; districts
Sec. 2. (a) The state board of dentistry is established and consistsof:
(1) nine (9) practicing dentists who must have been in practicein this state for not less than the five (5) years;
(2) one (1) practicing dental hygienist licensed underIC 25-13-1; and
(3) one (1) member to represent the general public who must bea resident to this state and in no way associated with theprofession of dentistry other than as a consumer.
All eleven (11) members of the board shall be appointed by thegovernor for a term of three (3) years each. Any member of the boardmay serve until the member's successor is appointed and qualifiedunder this chapter. A member may serve consecutive terms, but nomember may serve more than three (3) terms or a total of nine (9)years.
(b) The appointment of the dentist members shall be made in amanner that, at all times, each dentist member on the boardrepresents and is a resident of one (1) of nine (9) examiner districtsset forth in this subsection. Each dentist member shall be chieflyresponsible in the performance of his duties with regard to thedistrict from which he is appointed. The nine (9) dentist members'districts consist of the following counties:
(1) District 1. Tipton, Hamilton, Hendricks, Marion, Hancock,Morgan, Johnson, and Shelby.
(2) District 2. Lake, Porter, LaPorte, and Jasper.
(3) District 3. St. Joseph, Elkhart, Starke, Marshall, Kosciusko,and Fulton.
(4) District 4. LaGrange, Steuben, Jay, Noble, Whitley, Allen,Huntington, Wells, DeKalb, and Adams.
(5) District 5. Knox, Daviess, Gibson, Pike, Dubois, Posey,Vanderburgh, Warrick, Spencer, and Perry.
(6) District 6. Newton, Benton, White, Pulaski, Cass, Miami,Wabash, Grant, Howard, Carroll, Warren, Tippecanoe, andClinton.
(7) District 7. Vermillion, Parke, Fountain, Montgomery,Boone, Putnam, Vigo, Clay, Sullivan, Owen, Greene, andMartin.
(8) District 8. Madison, Delaware, Blackford, Randolph, Rush,
Fayette, Union, Henry, and Wayne.
(9) District 9. Monroe, Brown, Bartholomew, Decatur,Franklin, Lawrence, Jackson, Jennings, Ripley, Dearborn,Orange, Washington, Scott, Jefferson, Switzerland, Ohio,Crawford, Harrison, Floyd, and Clark.
(c) The board shall examine all applicants for licenses whopresent the credentials set forth in this article and issue licenses to allapplicants who pass a satisfactory examination.
(Formerly: Acts 1913, c.138, s.2; Acts 1931, c.169, s.1; Acts 1935,c.90, s.1; Acts 1949, c.248, s.1; Acts 1963, c.151, s.1; Acts 1971,P.L.372, SEC.1.) As amended by Acts 1977, P.L.2, SEC.76; Acts1977, P.L.172, SEC.11; Acts 1981, P.L.222, SEC.120; Acts 1982,P.L.113, SEC.51; P.L.169-1985, SEC.46; P.L.24-1999, SEC.10.
IC 25-14-1-3
Examination; fees
Sec. 3. (a) A person desiring to begin the practice of dentistry inIndiana shall procure from the board a license to practice dentistry inIndiana. To procure the license, the applicant must submit to theboard proof of graduation from a dental college recognized by theboard. The board may recognize dental schools accredited by theCommission on Dental Accreditation of the American DentalAssociation, if the board is satisfied that the recognition is consistentwith the board's requirements. Every applicant shall pay to the boarda fee, set by the board under section 13 of this chapter, at the time ofmaking the application and must pass an examination before theboard at the time and place to be fixed by the board. The applicantmust purchase examination supplies and pay a fee for the use of theexamination facility.
(b) For those applicants who fail to pass an initial examination,subsequent examinations may be taken upon payment of a fee, set bythe board under section 13 of this chapter, for each subsequentexamination. If the applicant fails to pass the examination prescribedby the board, the applicant is entitled to the right of review of theboard's action on the examination under IC 4-21.5. The board mayestablish, under section 13 of this chapter, additional requirementsas a prerequisite to taking an examination for an applicant who hasfailed the examination two (2) or more times.
(c) A fee paid under this article may not be refunded.
(Formerly: Acts 1913, c.138, s.3; Acts 1931, c.169, s.2; Acts 1949,c.248, s.2; Acts 1963, c.151, s.2; Acts 1971, P.L.372, SEC.2.) Asamended by Acts 1977, P.L.172, SEC.12; Acts 1981, P.L.222,SEC.121; P.L.169-1985, SEC.47; P.L.7-1987, SEC.119;P.L.354-1989(ss), SEC.2.
IC 25-14-1-3.1
Anesthesia or sedation; permit to administer; requirements;renewal
Sec. 3.1. (a) A dentist must have a permit to administer:
(1) general anesthesia; (2) deep sedation; or
(3) light parenteral conscious sedation;
to a patient.
(b) The board shall establish by rule the educational and trainingrequirements for the issuance and renewal of a permit required bysubsection (a).
(c) The board shall establish the requirements for a program ofeducation and training for pediatric anesthesiology.
(d) The requirements for a permit issued under this section mustbe based on the American Dental Association's "Guidelines forTeaching the Comprehensive Control of Pain and Anxiety inDentistry" and accompanying policy statement adopted in November1985.
(e) A permit issued under this section must be renewed biennially.
As added by P.L.258-1987, SEC.2. Amended by P.L.33-1993,SEC.21.
IC 25-14-1-3.5
Fees; establishment; disposition
Sec. 3.5. (a) Under IC 25-1-8 the board shall establish, underIC 25-13-1-5 and section 13 of this chapter, fees sufficient toimplement IC 25-13 and IC 25-14.
(b) All money received by the board under this chapter shall bepaid to the agency, which shall:
(1) give a proper receipt for the same; and
(2) at the end of each month:
(A) report to the auditor of state the total amount receivedfrom all sources; and
(B) deposit the entire amount of such receipts with the statetreasurer to be deposited by the treasurer in the general fundof the state.
All expenses incurred in the administration of this chapter shall bepaid from the general fund upon appropriation being made thereforin the manner provided by law for making such appropriations.
(Formerly: Acts 1971, P.L.372, SEC.3.) As amended by Acts 1976,P.L.119, SEC.12; Acts 1977, P.L.172, SEC.13; Acts 1981, P.L.222,SEC.122; P.L.169-1985, SEC.48; P.L.1-2006, SEC.431.
IC 25-14-1-4
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-5
Dental intern permit or dental hygienist intern permit;restrictions; renewal; fees
Sec. 5. (a) The board may at its discretion issue a dental internpermit or dental hygienist intern permit to any person to whom it hasnot issued a license but who is a graduate of a dental college orschool of dental hygiene recognized by the board and is otherwisequalified to take the regular examination for a license given by the
board. However, an applicant for a dental intern permit or dentalhygienist intern permit shall furnish the board satisfactory evidencethat the applicant has been:
(1) appointed to a dental or a dental hygiene internship in ahospital or similar institution operated under the laws ofIndiana; or
(2) employed as:
(A) an instructor in a dental school recognized and approvedby the Indiana dental board; or
(B) a teacher or operator in a clinic in a public or parochialschool, college, or university.
(b) The fee for the permit shall be set by the board under section13 of this chapter.
(c) Any person receiving a dental or dental hygienist intern permitmay practice dentistry or dental hygiene only in a hospital or otherinstitution designated in the permit and only under the direction ofa licensed dentist who is a member of the dental staff of suchhospital or other institution. The intern's dental or dental hygienepractice shall be limited to bona fide patients of such hospital orother institution.
(d) The permit shall be valid for only one (1) year from date ofissue, shall be renewable in the discretion of the board upon thepayment of a fee determined by the board under section 13 of thischapter, and may be recalled at any time by the board.
(Formerly: Acts 1913, c.138, s.4a; Acts 1949, c.248, s.3; Acts 1963,c.151, s.4; Acts 1971, P.L.372, SEC.5.) As amended by Acts 1977,P.L.172, SEC.14; P.L.169-1985, SEC.49.
IC 25-14-1-6
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-7
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-8
Repealed
(Repealed by Acts 1977, P.L.172, SEC.56.)
IC 25-14-1-9
Repealed
(Repealed by P.L.169-1985, SEC.97.)
IC 25-14-1-10
Renewal of license; renewal card; failure to renew
Sec. 10. (a) Unless renewed, a license issued by the board expireson a date specified by the agency under IC 25-1-5-4(k). An applicantfor renewal shall pay the renewal fee set by the board under section13 of this chapter on or before the renewal date specified by the
agency.
(b) The license shall be properly displayed at all times in theoffice of the person named as the holder of the license, and a personmay not be considered to be in legal practice if the person does notpossess the license and renewal card.
(c) If a holder of a dental license does not renew the license on orbefore the renewal date specified by the agency, without any actionby the board the license together with any related renewal card isinvalidated.
(d) Except as provided in section 27.1 of this chapter, a licenseinvalidated under subsection (c) may be reinstated by the board inthree (3) years or less after its invalidation if the holder of the licensemeets the requirements under IC 25-1-8-6(c).
(e) Except as provided in section 27.1 of this chapter, if a licenseremains invalid under subsection (c) for more than three (3) years,the holder of the invalid license may obtain a reinstated license bysatisfying the requirements for reinstatement under IC 25-1-8-6(d).
(f) 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.
(g) The board may adopt rules under section 13 of this chapterestablishing requirements for the reinstatement of a license that hasbeen invalidated for more than three (3) years. The fee for aduplicate license to practice as a dentist is subject to IC 25-1-8-2.
(h) Biennial renewal of licenses is subject to IC 25-1-2.
(i) Subject to IC 25-1-4-3, an application for renewal of a licenseunder this section must contain a sworn statement signed by theapplicant attesting that the applicant has fulfilled the continuingeducation requirements under IC 25-14-3.
(Formerly: Acts 1913, c.138, s.9; Acts 1931, c.169, s.5; Acts 1935,c.90, s.4; Acts 1949, c.248, s.4; Acts 1951, c.120, s.1; Acts 1963,c.151, s.5; Acts 1971, P.L.372, SEC.7.) As amended by Acts 1977,P.L.172, SEC.15; Acts 1981, P.L.222, SEC.124; P.L.169-1985,SEC.50; P.L.149-1987, SEC.32; P.L.185-1991, SEC.6;P.L.235-1995, SEC.6; P.L.44-2000, SEC.3; P.L.269-2001, SEC.9;P.L.1-2006, SEC.432; P.L.105-2008, SEC.29.
IC 25-14-1-11
Board of examiners; removal of members; filling vacancies
Sec. 11. The governor shall have the power to remove anymember of the board for incompetency, gross immorality, for anyabuse of his official power or for any other good cause and may fillany vacancy occasioned by removal, death, resignation or otherwise,by appointment. Any person appointed to fill any vacancy of suchboard, whether caused by death, resignation, removal or otherwise,shall hold for the unexpired term of the member whose place he isappointed to fill and all vacancies shall be filled in the mannerprescribed for the regular appointments to said board.
(Formerly: Acts 1913, c.138, s.10; Acts 1963, c.151, s.6.)
IC 25-14-1-12
Meetings of board; records; affiliation
Sec. 12. (a) The board shall hold not less than two (2) regularmeetings in each year at such place as may be fixed by the board andas often in addition as may be necessary for the transaction of suchbusiness as may properly come under the provisions of this chapter,and it shall have power to make all necessary rules in accordancewith this chapter. Additional meetings may be called at any time bythe president or any six (6) members of the board to be held at suchtime and place as may be designated in the call. Six (6) members ofthe board constitute a quorum. A majority of the quorum maytransact business. The board shall elect a president and a secretary.For their services, the members shall receive per diem and travelexpenses as otherwise provided by law.
(b) It shall be the duty of the board through the agency to keep arecord of all applications for licenses for a period of time designatedby the board, subject to the final approval of the oversight committeeon public records under IC 5-15-5.1-19. Such records shall containall the facts set forth in the application, including the action of theboard. The board shall also retain all examination papers for a periodof one (1) year from the date upon which the examination is held.The agency shall carry out the administrative functions of the boardand shall provide necessary personnel to enable the board to properlycarry out and enforce this chapter.
(c) The board may affiliate with the American Association ofDental Examiners as an active member thereof and may pay theregular annual dues of the association out of any available funds ofthe board, which are obtained by examination fees or registrationrenewal fees as provided by law. However, the affiliation with theAmerican Association of Dental Examiners shall not impair, restrict,enlarge, or modify any of the rights, powers, duties, or functions ofthe board as prescribed by the laws of this state. The board maydesignate one (1) of its members as a delegate of any meeting of theassociation, and such delegate member shall receive the regular perdiem paid to members of the board for their services on the boardand the member's necessary expenses while traveling to and from andattending such meetings.
(Formerly: Acts 1913, c.138, s.11; Acts 1917, c.160, s.1; Acts 1949,c.248, s.5; Acts 1951, c.120, s.2; Acts 1963, c.151, s.7; Acts 1971,P.L.372, SEC.8; Acts 1972, P.L.10, SEC.7.) As amended by Acts1977, P.L.2, SEC.77; Acts 1977, P.L.172, SEC.16; Acts 1981,P.L.222, SEC.125; P.L.169-1985, SEC.51; P.L.149-1987, SEC.33;P.L.1-2006, SEC.433.
IC 25-14-1-13
Powers and duties of board; complaints; hearings
Sec. 13. (a) The board is charged with the duty of administeringand enforcing the laws pertaining to the practice of dentistry and ofdental hygiene. The board may adopt and enforce rules for theadministration and enforcement of this article in accordance with
IC 4-22-2. The board shall adopt a code of professional conduct andshall adopt rules establishing standards for the competent practice ofdentistry or dental hygiene. The board may adopt rules concerningassessment of costs in disciplinary proceedings before the board.
(b) Complaints against persons licensed under this article orIC 25-13 are subject to IC 25-1-7. The board may conduct hearingsconcerning these complaints in accordance with IC 4-21.5.
(Formerly: Acts 1913, c.138, s.12; Acts 1935, c.90, s.5; Acts 1949,c.248, s.6; Acts 1963, c.151, s.8.) As amended by Acts 1981, P.L.222,SEC.126; P.L.169-1985, SEC.52; P.L.149-1987, SEC.34.
IC 25-14-1-14
Injunction
Sec. 14. The attorney general, prosecuting attorney, the stateboard of dentistry, or any citizen of any county where any personshall engage in the practice of dentistry, as herein defined, withoutpossessing a valid license so to do, may, in accordance with the lawsof the state of Indiana governing injunctions, maintain an action inthe name of the state of Indiana to enjoin such person from engagingin the practice of dentistry, as herein defined, until a valid license topractice dentistry be secured. And any person who has been soenjoined who shall violate such injunction shall be punished forcontempt of court: Provided, That such injunction shall not relievesuch person so practicing dentistry without a valid license from acriminal prosecution therefor as is now provided by law, but suchremedy by injunction shall be in addition to any remedy nowprovided for the criminal prosecution of such offender. In chargingany person in a complaint for injunction, or in an affidavit,information or indictment, with a violation of this law by practicingdentistry without a valid license, it shall be sufficient to charge thatsuch person did, upon a certain day and in a certain county, engagein the practice of dentistry, he not having a valid license so to do,without averring any further or more particular facts concerning thesame.
(Formerly: Acts 1913, c.138, s.12a; Acts 1931, c.169, s.6.) Asamended by P.L.24-1999, SEC.11.
IC 25-14-1-15
Attorney's fees
Sec. 15. In case judgment is rendered in favor of the plaintiff inany action brought under the provisions of this chapter, the courtrendering the same shall also render judgment for reasonableattorney's fees in such action in favor of the plaintiff and against thedefendant therein, and when collected such fees shall be paid to theattorney or the attorneys of the plaintiff therein, which if paid to theattorney general or to any prosecuting attorney shall be additional toany compensation otherwise allowed by law.
(Formerly: Acts 1913, c.138, s.12b; Acts 1931, c.169, s.7.) Asamended by Acts 1982, P.L.154, SEC.49.
IC 25-14-1-16
Applicants for examination; required information; license byreciprocity; adoption of rules
Sec. 16. (a) An applicant for examination under this article mustsubmit to the board at least forty-five (45) days before theexamination date an application in a form and manner prescribed bythe board and proof satisfactory to the board that the applicant hasnot been convicted of a crime that has a direct bearing on theapplicant's ability to practice competently. An applicant must submitproof to the board at least seven (7) days before the examination datethat the applicant is a graduate of a dental school that is recognizedby the board.
(b) The board may issue a license upon payment of a fee, set bythe board under section 13 of this chapter, to an applicant whofurnishes proof satisfactory to the board that the applicant is a dentistwho:
(1) is licensed in another state or a province of Canada that haslicensing requirements substantially equal to those in effect inIndiana on the date of application;
(2) has practiced dentistry for at least two (2) of the three (3)years preceding the date of application;
(3) passes the law examination administered by the board;
(4) has completed at least twenty (20) hours of continuingeducation in the previous two (2) years; and
(5) meets all other requirements of this chapter.
(c) The board shall have power to adopt rules under section 13 ofthis chapter for licensure by endorsement.
(d) An applicant shall, at the request of the board, make anappearance before the board.
(Formerly: Acts 1913, c.138, s.13; Acts 1917, c.160, s.2; Acts 1935,c.90, s.6; Acts 1963, c.151, s.9.) As amended by Acts 1977, P.L.172,SEC.17; P.L.169-1985, SEC.53; P.L.149-1987, SEC.35;P.L.48-1991, SEC.26; P.L.33-1993, SEC.22; P.L.24-1999, SEC.12;P.L.46-2005, SEC.1.
IC 25-14-1-16.1
Repealed
(Repealed by P.L.33-1993, SEC.74.)
IC 25-14-1-17
Record of persons practicing with and employed by certificateholder
Sec. 17. A person practicing dentistry, upon written demand madeby the secretary of the state board of dentistry, shall not fail tofurnish in writing, within twenty (20) days after such demand, thename and address of each person practicing or assisting in thepractice of dentistry in the office of said person, together with asworn statement showing by what authority or license such person orpersons are practicing dentistry and in what capacity nonlicensedpersons are assisting in practice; said list of names and addresses
shall include all persons who have been thus employed within thesixty (60) days next preceding such demand; however, such affidavitmay not be used as evidence against either said person or persons soreported in any proceeding under this chapter.
(Formerly: Acts 1913, c.138, s.14; Acts 1917, c.160, s.3; Acts 1931,c.169, s.8.) As amended by Acts 1978, P.L.2, SEC.2528;P.L.24-1999, SEC.13.
IC 25-14-1-18
Display of name and license
Sec. 18. A practitioner of dentistry shall not fail to post, and keepconspicuously displayed, his name and license in the dental officewherein he practices, in plain sight of his patients; if there are moredentists than one (1) practicing or employed in any dental office, themanager or proprietor of the office shall not fail to post and displaythe name and license of each dentist so practicing and so employedtherein.
(Formerly: Acts 1913, c.138, s.15; Acts 1917, c.160, s.4.) Asamended by Acts 1977, P.L.172, SEC.18; Acts 1978, P.L.2,SEC.2529.
IC 25-14-1-19
Repealed
(Repealed by Acts 1981, P.L.222, SEC.296.)
IC 25-14-1-19.1
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-14-1-20
Disciplinary proceedings
Sec. 20. Proceedings for disciplinary action against a holder of alicense to practice dentistry or dental hygiene in Indiana shall be hadin accordance with IC 25-1-7 and IC 4-21.5.
(Formerly: Acts 1913, c.138, s.17; Acts 1931, c.169, s.10; Acts 1935,c.90, s.8; Acts 1963, c.151, s.11.) As amended by Acts 1977, P.L.172,SEC.20; P.L.169-1985, SEC.55; P.L.7-1987, SEC.120.
IC 25-14-1-21
Representation by attorney general
Sec. 21. It shall be the duty of the attorney general to represent thestate board of dentistry in any court in which an action may be filedfor the review of an order of the board as provided for in section 20of this chapter. The attorney general may, at his discretion, call to hisassistance in such action, the prosecuting attorney of the county inwhich such action is filed. Also, the board, with the written consentof the attorney general, shall have the right to employ, out of its ownfunds, any other attorney or attorneys to assist the attorney generalin any such action.
(Formerly: Acts 1913, c.138, s.18; Acts 1935, c.90, s.9; Acts 1963,
c.151, s.12.) As amended by Acts 1982, P.L.154, SEC.50;P.L.24-1999, SEC.14.
IC 25-14-1-22
Exceptions
Sec. 22. This chapter does not apply to the following:
(1) Any commissioned officer of the regular United Statesarmed services, United States Public Health Service, or UnitedStates Department of Veterans Affairs in the discharge of theofficer's official duties.
(2) Any dentist who is legally qualified to practice in the stateor territory where the dentist resides, when in actualconsultation with a legal practitioner of Indiana.
(3) Any dentist residing on the border of a neighboring state andauthorized to practice dentistry under the laws of the statewhose practice extends into the border of Indiana; however,such practitioner shall not open an office or appoint a place tomeet patients or solicit practice within Indiana.
(4) Any dentist who is licensed in another state while appearingas a clinician for demonstrating certain methods of technicalprocedures before a meeting, clinic, or convention of Indianadentists; however, no fee, cash, or money reimbursement,consideration, or remuneration of any kind is paid directly orindirectly or by any subterfuge, to such clinician by or for theperson used as a patient in such clinic or demonstration.
(5) Licensed physicians or surgeons who are authorized to takex-ray pictures of the human teeth or jaws, to extract teeth, andto perform surgical operations (as described inIC 25-22.5-1-1.1(a)(1)(C)) upon the teeth or jaws at their usualoffice or residence or within the vicinity of their ordinarypractice, whenever, in their judgment, the same may benecessary. This exception shall not apply to itinerant licensedphysicians and surgeons who have to a large extent abandonedtheir practice as physicians and surgeons and are, in fact andeffect, practicing dentistry almost exclusively.
(Formerly: Acts 1913, c.138, s.19; Acts 1931, c.169, s.11; Acts 1935,c.90, s.10.) As amended by Acts 1977, P.L.172, SEC.21;P.L.169-1985, SEC.56; P.L.1-1990, SEC.252; P.L.217-1993, SEC.1.
IC 25-14-1-23
Practice of dentistry; delegation; procedures prohibited to bedelegated; dental students; pharmacists filling prescriptions;services dental assistants may perform
Sec. 23. (a) A person is practicing dentistry within the meaning ofthis chapter if the person does any of the following:
(1) Uses the word "dentist" or "dental surgeon", the letters"D.D.S." or "D.M.D.", or other letters or titles in connectionwith dentistry.
(2) Directs and controls the treatment of patients within a placewhere dental services are performed. (3) Advertises or permits to be advertised by sign, card,circular, handbill, newspaper, radio, or otherwise that theperson can or will attempt to perform dental operations of anykind.
(4) Offers to diagnose or professes to diagnose or treats orprofesses to treat any of the lesions or diseases of the humanoral cavity, teeth, gums, or maxillary or mandibular structures.
(5) Extracts human teeth or corrects malpositions of the teeth orjaws.
(6) Except as provided in IC 25-13-1-10.5 and IC 25-13-1-10.6,administers dental anesthetics.
(7) Uses x-ray pictures for dental diagnostic purposes.
(8) Makes impressions or casts of any oral tissues or structuresfor the purpose of diagnosis or treatment thereof or for theconstruction, repair, reproduction, or duplication of anyprosthetic device to alleviate or cure any oral lesion or replaceany lost oral structures, tissue, or teeth.
(9) Advertises to the public by any method, except trade andprofessional publications, to furnish, supply, construct,reproduce, repair, or adjust any prosthetic denture, bridge,appliance, or other structure to be worn in the human mouth.
(10) Is the employer of a dentist who is hired to provide dentalservices.
(11) Directs or controls the use of dental equipment or dentalmaterial while the equipment or material is being used toprovide dental services. However, a person may lease orprovide advice or assistance concerning dental equipment ordental material if the person does not restrict or interfere withthe custody, control, or use of the equipment or material by thedentist. This subdivision does not prevent a dental hygienistwho is licensed under IC 25-13 from owning dental equipmentor dental materials within the dental hygienist's scope ofpractice.
(12) Directs, controls, or interferes with a dentist's clinicaljudgment.
(13) Exercises direction or control over a dentist through awritten contract concerning the following areas of dentalpractice:
(A) The selection of a patient's course of treatment.
(B) Referrals of patients, except for requiring referrals to bewithin a specified provider network, subject to theexceptions under IC 27-13-36-5.
(C) Content of patient records.
(D) Policies and decisions relating to refunds, if the refundpayment would be reportable under federal law to theNational Practitioner Data Bank, and warranties.
(E) The clinical content of advertising.
(F) Final decisions relating to the employment of dentaloffice personnel.
However, this subdivision does not prohibit a person from
providing advice or assistance concerning the areas of dentalpractice referred to in this subdivision or an insurer (as definedin IC 27-1-26-1) from carrying out the applicable provisions ofIC 27 under which the insurer is licensed.
However, a person does not have to be a dentist to be a manufacturerof dental prostheses.
(b) In addition to subsection (a), a person is practicing dentistrywho directly or indirectly by any means or method furnishes,supplies, constructs, reproduces, repairs, or adjusts any prostheticdenture, bridge, appliance, or any other structure to be worn in thehuman mouth and delivers the resulting product to any person otherthan the duly licensed dentist upon whose written work authorizationthe work was performed. A written work authorization shall includethe following:
(1) The name and address of the dental laboratory to which it isdirected.
(2) The case identification.
(3) A specification of the materials to be used.
(4) A description of the work to be done and, if necessary,diagrams thereof.
(5) The date of issuance of the authorization.
(6) The signature and address of the licensed dentist or otherdental practitioner by whom the work authorization is issued.
A separate work authorization shall be issued for each patient of theissuing licensed dentist or other dental practitioner for whom dentaltechnological work is to be performed.
(c) This section shall not apply to those procedures which alegally licensed and practicing dentist may delegate to a dentalassistant as to which procedures the dentist exercises directsupervision and responsibility.
(d) Procedures delegated by a dentist may not include thefollowing:
(1) Those procedures which require professional judgment andskill such as diagnosis, treatment planning, the cutting of hardor soft tissues, or any intraoral impression which would lead tothe fabrication of a final prosthetic appliance.
(2) Except for procedures described in subsections (g) and (h),procedures delegated to a dental assistant may not includeprocedures allocated under IC 25-13-1 to a licensed dentalhygienist.
(e) This chapter shall not prevent dental students from performingdental operations under the supervision of competent instructorswithin the dental school or a university recognized by the board or inany public clinic under the supervision of the authorizedsuperintendent of such clinic authorized under the authority andgeneral direction of the board of health or school board of any cityor town in Indiana.
(f) Licensed pharmacists of this state may fill prescriptions oflicensed dentists of this state for any drug necessary in the practiceof dentistry. (g) Notwithstanding IC 25-13-1-11(4), a dental assistant who hascompleted a board approved curriculum may apply medicaments forthe control or prevention of dental caries under the direct supervisionof a licensed dentist. The curriculum must include instruction on thefollowing:
(1) Ethics and jurisprudence.
(2) Reasons for fluorides.
(3) Systemic fluoride.
(4) Topical fluoride.
(5) Fluoride application.
(6) Laboratory work on topical fluoride applications and patientcompetency.
(h) Notwithstanding IC 25-13-1-11(3), a dental assistant who hascompleted a board approved curriculum may polish the coronalsurface of teeth under the direct supervision of a licensed dentist.The curriculum must include instruction on the following:
(1) Ethics and jurisprudence.
(2) Plaque and materia alba.
(3) Intrinsic and extrinsic stain.
(4) Abrasive agents.
(5) Use of a slow speed hand piece, prophy cup, and occlusalpolishing brush.
(6) Theory of selective polishing.
(7) Laboratory work concerning slow speed hand piece, handdexterity, and patient competency.
(Formerly: Acts 1913, c.138, s.20; Acts 1917, c.160, s.6; Acts 1931,c.169, s.12; Acts 1943, c.308, s.2; Acts 1963, c.151, s.13; Acts 1971,P.L.372, SEC.9.) As amended by P.L.169-1985, SEC.57;P.L.155-1988, SEC.1; P.L.102-2000, SEC.2; P.L.121-2007, SEC.5;P.L.134-2008, SEC.24.
IC 25-14-1-24
Evidence of practice of dentistry; exception
Sec. 24. The announcing to the public in any manner of intent tomaintain, directly or indirectly, an office or place of business for thepractice of dentistry, or the use of any professional degree, title, ordesignation, personal or otherwise, or a sign, card, circular, device,picture, or advertisement that might impress the public that the officeis used for the practice of dentistry is prima facie evidence ofengaging in the practice of dentistry. Nothing in this section may beconstrued to interfere with sales of dental equipment or materials byestablished, bona fide dealers or with the renting or leasing of realestate or dental equipment by the actual owner thereof or his agent.
(Formerly: Acts 1913, c.138, s.20a; Acts 1943, c.308, s.3.) Asamended by P.L.155-1988, SEC.2.
IC 25-14-1-25
Specific violations
Sec. 25. (a) It is a Class D felony for a person to do any of thefollowing: (1) Practice dentistry not being at the time a dentist dulylicensed to practice as such in this state under this chapter.
(2) Employ, hire, or procure one who is not duly licensed as adentist to practice dentistry, but a person practiced upon by anunlicensed dentist does not violate this section.
(b) It is a Class B misdemeanor for a person to do any of thefollowing:
(1) Sell or barter, or offer to sell or barter, or, not being lawfullyauthorized so to do, issue or confer, or offer to issue or confer,any dental degree, license, or any diploma or documentconferring, or purporting to confer, any dental degree or license,or any certificate or transcript made, or purporting to be made,under this chapter.
(2) Purchase, or procure by barter, any diploma, license,certificate, or transcript, with intent that it be used as evidenceof the qualifications to practice dentistry of any person otherthan the one upon, or to whom, it was lawfully conferred orissued, or in fraud of the laws regulating the practice.
(3) Use any diploma, certificate, or transcript which has beenpurchased, fraudulently issued, counterfeited, or materiallyaltered, either as a license or color of license, to practicedentistry, or in order to procure registration as a dentist.
(4) Practice dentistry under a false name, under a name intendedto mislead the public, under the license of another person of thesame name, or hold himself out to the public under such a nameas a practitioner of dentistry.
(5) Assume the title or degree of "Bachelor of Dental Surgery",append the letters "B.D.S.", "D.D.S.", "M.D.S.", or "D.M.D.",to his name, or make use of the same, or prefix to his name thetitle of "Doctor", or any abbreviation thereof, not having hadduly conferred upon him by diploma from some college, school,or board of examiners legally empowered to confer the same,the right to assume such a title.
(6) Assume any title or append or prefix any words to his name,with intent to represent falsely that he has received a dentaldegree or license.
(7) Not having been licensed to practice dentistry under thelaws of this state, represent that he is entitled so to practice (adental licensee may use the prefix "Doctor" or "Dr." to hisname).
(8) Falsely personate another at any examination held by theboard to ascertain the preliminary professional education ofcandidates for dental certificates, dental degrees, or dentallicenses or knowingly avail himself of the benefit of falsepersonation.
(9) Otherwise violate this chapter.
(c) Each date that a person violates this section constitutes aseparate offense.
(Formerly: Acts 1913, c.138, s.21; Acts 1917, c.160, s.7; Acts 1931,c.169, s.13; Acts 1963, c.151, s.14.) As amended by Acts 1977,
P.L.172, SEC.22; Acts 1978, P.L.2, SEC.2530; P.L.169-1985,SEC.58; P.L.155-1988, SEC.3.
IC 25-14-1-26
Repealed
(Repealed by P.L.4-1998, SEC.15.)
IC 25-14-1-27
Repealed
(Repealed by Acts 1979, P.L.17, SEC.55.)
IC 25-14-1-27.1
Inactive licenses
Sec. 27.1. (a) The board may classify a license as inactive if theboard receives written notification from a licensed dentist stating thatthe dentist will not practice as a dentist 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 continuing education requirements set by the board.
As added by P.L.235-1995, SEC.7.
IC 25-14-1-27.5
Conditions for issuing instructor's license; holding of license;prohibiting use of instructor's license to obtain general dentistrylicense; teaching and practicing dentistry with license limitations;validity; fee; limitation on number of licenses; rules; expiration
Sec. 27.5. (a) The board may issue an instructor's license to anindividual who is not otherwise licensed to practice dentistry inIndiana if the individual meets the following conditions:
(1) The individual has been licensed or has had the equivalentof a license for five (5) of the preceding nine (9) years topractice dentistry in the United States or in any country,territory, or other recognized jurisdiction.
(2) The individual has been approved under the credentialingprocess of an Indiana school of dentistry or an affiliatedmedical center of an Indiana school of dentistry that isaccredited by:
(A) the American Dental Association Commission on DentalAccreditation; or
(B) the Joint Commission on Accreditation of Health CareOrganizations.
(3) The individual has successfully documented ordemonstrated clinical and academic competency to the board.
(4) The individual is fluent in the English language.
(5) The individual passes the written law examinationadministered by the board.
(6) The individual meets the continuing education requirementsrequired by IC 25-14-3. (7) The individual pays the licensing fee set by the board undersubsection (f).
(b) A license issued under this section must be held by the Indianaschool of dentistry for which the licensee is employed.
(c) A license issued under this section does not meet therequirements of section 16 of this chapter and may not be used toobtain a general dentistry license under this article.
(d) A licensee under this section may teach and practice dentistryonly at or on behalf of an Indiana school of dentistry or an affiliatedmedical center of an Indiana school of dentistry.
(e) An instructor's license is valid only during the time thelicensee is employed or has a valid employment contract for afull-time faculty position at the Indiana school of dentistry or anaffiliated medical center. The Indiana school of dentistry or theaffiliated medical center shall notify the board in writing upon thetermination of the employment contract of an individual who isissued a license under this section and surrender the license not laterthan thirty (30) days after the licensee's employment ceases.
(f) The board shall set a fee for the issuance and renewal of alicense under this section.
(g) Unless renewed, a license issued by the board under thissection expires annually on a date specified by the agency underIC 25-1-5-4. An applicant for renewal must pay the renewal fee setby the board on or before the renewal date specified by the agency.
(h) Not more than five percent (5%) of the Indiana school ofdentistry's full-time faculty may be individuals licensed under thissection.
(i) The board shall adopt rules under IC 4-22-2 necessary toimplement this section.
(j) This section expires June 30, 2013.
As added by P.L.210-2003, SEC.1. Amended by P.L.97-2004,SEC.92; P.L.1-2006, SEC.434; P.L.49-2008, SEC.1.
IC 25-14-1-28
Severability
Sec. 28. If any provision of this chapter as amended be decided bythe courts to be unconstitutional or invalid, such unconstitutional orinvalid provision shall be considered severable from the remainderof this chapter and shall be exscinded therefrom, and the same shallnot affect the validity of this chapter as a whole, or any part thereof,other than the part so decided to be unconstitutional or invalid.
(Formerly: Acts 1913, c.138, s.23a; Acts 1931, c.169, s.14; Acts1935, c.90, s.11.) As amended by Acts 1982, P.L.154, SEC.52.
IC 25-14-1-29
Liberal construction
Sec. 29. 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.372, SEC.10.)
IC 25-14-1-30
Certificates considered licenses
Sec. 30. All certificates issued by the dental board for the practiceof dentistry which certificates were issued prior to May 1, 1977, shallbe deemed to be licenses for the practice of dentistry. Allapplications for the practice of dentistry and all renewal notices sentfor the practice of dentistry in Indiana shall be for licenses and notfor certificates. For the purposes of this chapter, all certificates andrenewals for certificates for the practice of dentistry shall be thesame as licenses and renewals for licenses issued subsequent to May1, 1977.
As added by Acts 1977, P.L.172, SEC.23.