Alabama Administrative Code

(1) General. This Rule defines and regulates the scope of dentistry as applied to the administration of botulinum toxin, dermal fillers, and similar agents by dentists in Alabama for therapeutic and/or esthetic purposes. This Rule displaces and supersedes all previous formal or i…

(1) Definitions. As used in this Rule: (a) "Active patients" means any patients treated by the dentist at any time during the immediately preceding sixty (60) months. (b) "Patient notification" means written notification transmitted via U.S. Mail in a form letter mailed to the pa…

(1) Applicants for a license to practice dental hygiene in Alabama must pass examinations specified by the Board of Dental Examiners. No person other than members of the Board of Dental Examiners, their designees and applicants for licensure shall be present in the rooms when and…

Notes Ala. Admin. Code r. 270-X-3-.02 Filed September 28, 1982. Amended: Filed March 8, 2007; effective June 30, 2007. Repealed: Filed July 21, 2009; effective August 25, 2009. Author: James S. Ward Statutory Authority: Code of Ala. 1975, §§ 34-9-2, 34-9-4, 34-9-13, 34-9-16, 34-9…

(1) Education Requirements for Examination. (a) Graduate of a school or college of dental hygiene approved by the Board. (b) Graduate of the Alabama Dental Hygiene Program conducted by the Board pursuant to Code of Ala. 1975, § 34-9-26. (2) Applications for Hygiene Licensure Exam…

(1) Each applicant for the ADHP must be at least nineteen (19) years of age when applying to begin training, of good moral character, free of communicable diseases, a citizen of the United States or a person who is legally present in the United States with appropriate documentati…

(1) Replacement (a) Replacement certificate must be requested in writing. The request for replacement must include the reason for request (b) Replacement certificate must be marked "replacement certificate." (c) Replacement certificate should contain date that original certificat…

Direct supervision is defined as supervision by a dentist who authorizes the intraoral procedure to be performed, is physically present in the dental facility and available during performance of the procedure, examines the patient during the procedure and takes full professional …

(1) No person shall practice dental hygiene in the State of Alabama unless licensed by the Board and registered annually as required by Code of Ala. 1975. (2) The secretary-treasurer of the Board shall furnish to every dental hygienist currently licensed and registered to practic…

Every licensed dental hygienist upon changing his/her mailing address or employer shall within thirty (30) days thereafter furnish the secretary-treasurer of the Board with their new address or the address of the new employer. Notes Ala. Admin. Code r. 270-X-3-.08 Filed September…

The Board may refuse to issue the license or license certificate provided for in Code of Ala. 1975, § 34-9-1, et seq., or may impose any of the penalties outlined in Code of Ala. 1975, § 34-9-18(b), whenever it shall be established to the satisfaction of the Board, after a hearin…

Allied dental personnel are dental hygienists, dental assistants and dental laboratory technicians. Subject to the prohibition that no intra-oral procedure can be performed unless under the direct supervision of a duly licensed dentist as defined by Board rule, the following alli…

No imposition of any of the disciplinary penalties set forth and outlined in Code of Ala. 1975, § 34-9-18(b), shall be taken until the licensee has been furnished a statement in writing of the charges against him/her and with a notice of the time and place of the hearing. The sta…

(Repealed). Author: James S. Ward Notes Ala. Admin. Code r. 270-X-3-.12 Filed June 24, 1985. Amended: Filed September 26, 1989. Repealed: Filed January 30, 1998; effective March 6, 1998. Statutory Authority: Code of Ala. 1975, §§ 34-9-2, 34-9-43(1)(8)(10).

(1) Professional Corporations. (a) This rule is promulgated pursuant to the Revised Alabama Professional Corporation Act, Code of Ala. 1975, §§ 10-4-380, et seq. This rule shall apply to professional corporations formed after January 1, 1984, by dentists licensed to practice dent…

(1) Pursuant to the provisions of Code of Ala. 1975, § 34-9-43(5), any clinical dental facility of any institution, school, or college where dental care is provided by dentists, dental hygienists, faculty members, students, interns, residents, or other individuals not duly licens…

Pursuant to the provisions of Code of Ala. 1975, § 34-9-43(5), any training, educational, technical, vocational, or any other institution which provides instruction for dental assistants shall be required to obtain APPROVED STATUS from the Board of Dental Examiners of Alabama (he…

1. DEFINITIONS a. Live Training-The primary presenter or instructor is physically present at the same location as the student and is presenting information in real time. b. Online Training-The primary presenter or instructor is located at a different physical location than the st…

(1) The Board of Dental Examiners of Alabama adopts as its rule for the reporting, assessment and practice management of HBV and HIV infected health care workers the following: Chapter 420-4-3 (and all parts of that Chapter) entitled "Infected Health Care Workers" of the rules of…

(1) This rule is promulgated pursuant to the Alabama Limited Liability Act, Code of Ala. 1975, §10A-5, et seq. (hereinafter referred to as the "Act"). This rule is applicable to limited liability companies formed for the purpose of rendering dental professional services by dentis…

(1) This rule is promulgated pursuant to the Alabama Limited Liability Partnership Act, Code of Ala. 1975, §10-A-5-8.01. This rule is applicable to professional registered limited liability partnerships formed for the purpose of rendering dental professional services by dentists …

(1) A dentist shall not make or cause to be made a false communication about the dentist or the dentist's services. A communication is false if it contains a material misrepresentation of fact or law. (2) A communication is defined as information in any manner or medium designed …

(1) All applications for a Certificate of Registration to operate a mobile dental facility or portable dental operation must be complete and comply with all the requirements of Code of Ala. 1975, § 34-9-6.1. The required initial application or renewal will not be acted upon if no…

(1) Every 501(c)(3) nonprofit entity that operates one or more dental clinics must register with the Board. Registration shall consist of completing the registration form for each clinic operated by the 501(c)(3) entity. The information required on the registration form shall be …

(1) General. This Rule implements the requirements of Section 19 of Public Law No. 117-333, 50 U.S.C. § 4025A, commonly known as "The Military Spouse Licensing Relief Act." In accordance with the Act, a Service-Connected Practitioner who holds a license to practice dentistry or d…

(1) General. The board shall waive the annual registration fees assessed pursuant to Ala. Code § 34-9-15 for any dentist or dental hygienist who has retired from professional practice due to age or physical disability. In order to qualify for the annual registration fee waiver, t…

(1) Creation of the Alabama Dental Professionals Wellness Committee. To promote the early identification, treatment, and rehabilitation of any licensee who may be impaired, there is hereby established the Alabama Dental Professionals Wellness Committee. The Committee shall be com…

(1) The Board of Dental Examiners of Alabama is a legislatively created board established pursuant to Code of Ala 1975, § 34-9-1, et seq. (2) A description of the Board and its general course or method of its operations are found in Code of Ala 1975, § 34-9-1 et seq., and include…

Pursuant to Code of Ala. 1975, § 41-22-8, any person [as defined by Code of Ala. 1975, § 41-22-3(6)] who wishes to request the adoption, amendment or repeal of any rule of the Board of Dental Examiners of Alabama shall be required to comply with the following: (1) All requests sh…

Pursuant to Code of Ala. 1975, § 41-22-11, any person [as defined by Code of Ala. 1975, § 41-22-3(6)] who wishes to petition the Board for a declaratory ruling with respect to the validity of a Board rule or with respect to the applicability to any person, property or state of fa…

Notes Ala. Admin. Code r. 270-X-5-.04 Filed September 28, 1982. Amended: Filed February 22, 2012; effective March 28, 2012. Repealed by Alabama Administrative Monthly Volume XLII, Issue No. 06, March 29, 2024, eff. 5/13/2024. Author: James S. Ward Statutory Authority: Code of Ala…

(1) Conduct of Hearing. (a) Hearing Examiner. The Board may in its discretion appoint some person to act as hearing examiner at disciplinary hearings. In the event a hearing examiner is appointed, he/she shall preside at the hearing and shall rule on all questions of evidence and…

(1) The Board shall investigate complaints of alleged violations of the provisions of Code of Ala. 1975, § 34-9-1 et seq. or of the drug or controlled substances laws by persons licensed pursuant to the provisions of Code of Ala. 1975, § 34-9-1, et seq., following the complaint p…

The Board shall be entitled to the following reimbursement or cost recovery: (1) Insufficient check fund fee thirty dollars and 00/100 ($30.000 (2) Cost of supplying mailing twenty-five dollars and 00/100 ($25.00) (3) Reimbursement for mailing directories seven dollars and 00/100…

Notes Ala. Admin. Code r. 270-X-5-.08 New Rule: Filed December 16, 2008; effective January 20, 2009. Repealed: Filed July 24, 2009; effective August 28, 2009. Author: James S. Ward Statutory Authority: Code of Ala. 1975, §§34910( a), 34915, (2), 34916, 34961, 34961, 34963, 34964,…

(1) In the absence of specific aggravating factors, the Board shall assess a non-disciplinary administrative penalty for the following violations: (a) As to dentists only who allow a licensee under his or her direct supervision to practice without a current annual registration an…

Notes Ala. Admin. Code r. 270-X-5-.10 New Rule: Filed July 24, 2009; effective August 28, 2009. Amended: Filed February 22, 2012; effective March 28, 2012. Repealed: Filed March 19, 2013; effective April 23, 2013. Author: Board of Dental Examiners of Alabama Statutory Authority: …

The Active Practice of Dentistry shall mean the practice of dentistry as defined in Code of Ala. 1975., § 34-9-6 and that the licensed dentist must be an owner, employee or independent contractor of a dental practice practicing no less than twenty (20) hours per week or one thous…

Notes Ala. Admin. Code r. 270-X-5-.12 New Rule: Filed April 17, 2013; effective April 22, 2013. Repealed by Alabama Administrative Monthly Volume XXXIV, Issue No. 09, June 30, 2016, eff. 7/31/2016. Author: Board of Dental Examiners of Alabama Statutory Authority: Code of Ala. 197…

(1) Legal Basis: The Alabama Uniform Electronic Transactions Act Click to view image Ala. Code § 8-1A-1 et seq., enacted in 2002, is intended to facilitate the use of electronic documents in business, commercial, and governmental transactions. The Act promotes, but does not requi…

(1) In General. The Alabama Ethics Law, Ala. Code § 36-25-1, et seq., provides for rules of ethical conduct applicable to all public officials, public employees, lobbyists, and principals. The Dental Practice Act further provides that the Board "shall adhere to guidelines and pro…

(1) Secretary of the Alabama Dental Association who shall serve as chairman. (2) Director of the Bureau of Dental Health of the Health Department of Alabama. (3) Dean of the University of Alabama School of Dentistry, or his designee. (4) Chairman of the University of Alabama Scho…

One dentist elected from each component society of the Alabama Dental Association [a total of eight (8)]. Author: Notes Ala. Admin. Code r. 280-X-1-.02 Filed September 22, 1982. Statutory Authority: Code of Ala. 1975, §§ 16-47-76 through 16-47-81.

(1) Ex officio members will serve for the term they hold the specified office. (2) The elected representative of each district dental society shall serve a term of four (4) years and be eligible for reelection. The terms of office are staggered so that two district representative…

(1) Chairman: The secretary of the Alabama Dental Association automatically becomes chairman of the Board when he assumes his office. (2) Vice Chairman: A vice chairman shall be elected by a majority vote of the members of the Board present at an official meeting of the Board. Th…

(1) Chairman - The chairman is the ranking member of the Board and shall preside at all meetings. He shall be responsible for the agenda of each meeting. He shall sign all official documents, unless he delegates this authority to the vice chairman. He shall appoint the members of…

(1) The Executive Committee: The executive committee shall be composed of the chairman of the Board, the vice chairman and the treasurer. The chairman shall act as the chairman of the committee. The committee is empowered to act for the Board during intervals between meetings. Th…

(1) One annual meeting of the Board will be held each year.(a) An ANNUAL meeting to award scholarships and loans to members of the incoming freshman class matriculating in September shall be scheduled at a time convenient to the Board. Every effort shall be made to schedule this …

(1) Board members and staff members of the Board will be reimbursed for travel to all meetings in accordance with state regulations for instate travel. (2) Board members and staff members of the Board will be reimbursed for travel on official business of the Board in accordance w…

(1) In the event a recipient discontinues to fulfill the terms of his agreement to pay-with-service (280-X-9-.04), he/she shall be obligated to repay the cash balance of his/her loan which did not receive repayment-with-service credit. (2) Interest will accrue at the rate of six …