Arkansas Administrative Code

17 CAR § 115-1505. Personal protective equipment. (a) Masks, protective eyewear, and face shields. (1) A surgical mask and eye protection with solid side shields or a surgical mask and a face shield must be worn during procedures likely to generate splashing or spattering of bloo…

17 CAR § 115-1506. Sterilization and disinfection of patient-care items. (a) Instrument cleaning and sterilization. (1) Clean and heat-sterilize critical and semi-critical instruments and items before each use using only Food and Drug Administration-cleared medical devices for st…

17 CAR § 115-1507. Environmental infection control. (a) Clinical contact surfaces. (1) Examples of clinical contact surfaces are light handles, switches, radiograph equipment, chairside computers, drawer handles, faucet handles, countertops, pens, doorknobs, etc. (2)(A) Use barri…

17 CAR § 115-1508. Dental unit water lines and water quality. (a) Use water that meets Environmental Protection Agency regulatory standards for drinking water. (b) Discharge water and air for a minimum of twenty (20) to thirty (30) seconds after each patient from any device conne…

17 CAR § 115-1509. Special considerations. (a) Clean and heat sterilize handpieces and other intraoral instruments that can be removed from the air and waterlines of dental units between patients. (b) Use heat-tolerant or disposable intraoral devices for dental radiography that a…

17 CAR § 115-1510. Medical conditions, work-related illness, and work restrictions. (a)(1) A DHCP who is positive for HIV, Hepatitis B, or Hepatitis C shall disclose this fact to the Arkansas State Board of Dental Examiners. (2) If the DHCP is not a licensee or permit holder, the…

17 CAR § 115-1601. Definitions. As used in this subpart: (1) “Local anesthesia” means the elimination of sensations, especially pain, in one (1) part of the body by the topical application or regional injection of a drug; (2) “Regional injection of an anesthetic agent by a dental…

17 CAR § 115-1602. Administration of local anesthesia by a dental hygienist. (a)(1) A permit is required for a dental hygienist to administer local anesthetic agents. (2) A dental hygienist who desires to administer local anesthetics using regional injection of a drug in the Stat…

17 CAR § 115-1701. Dental assistant functions to be performed under personal supervision. (a)(1) All functions delegated to a dental assistant must be performed under personal supervision. (2) “Personal supervision” means: (A) The dentist is in the office or treatment facility; (…

17 CAR § 115-1702. Definitions. As used in this subpart: (1) “Certified dental assistant” means a dental assistant who is currently certified by the Dental Assisting National Board; (2) “Dental assistant” means a staff member of a duly licensed dentist who is involved in direct p…

17 CAR § 115-1703. Tasks authorized to be performed by dental assistants. (a) With the exceptions listed below, a dental assistant may perform any dental task or procedure assigned by the supervising dentist to the assistant that does not require the professional skills of a lice…

17 CAR § 115-1704. Prohibited activities. (a) The responsibility for diagnosis, treatment planning, or the prescription of medications in the practice of dentistry: (1) Shall remain with a licensed dentist; and (2) May not be assigned or delegated to a dental assistant. (b) No de…

17 CAR § 115-1705. Registered dental assistant expanded function permits. (a) It is the responsibility of the dental assistant to provide the Arkansas State Board of Dental Examiners with proof of competence in the desired expanded function prior to receiving a permit from the bo…

17 CAR § 115-1706. Process for obtaining permit for administration of nitrous oxide. A dental assistant desiring to obtain an expanded duty permit for nitrous oxide/oxygen analgesia from the Arkansas State Board of Dental Examiners must do the following: (1) Successfully complete…

17 CAR § 115-1707. Process for obtaining permit for radiography and/or coronal polishing. A dental assistant desiring to obtain an expanded duty permit for radiography and/or coronal polishing from the Arkansas State Board of Dental Examiners must do the following: (1) If applyin…

17 CAR § 115-1708. Process for obtaining permit for sedation monitoring. (a) A dental assistant desiring to obtain an expanded duty permit for sedation monitoring from the Arkansas State Board of Dental Examiners must do the following: (1) Hold a current permit for nitrous oxide …

17 CAR § 115-1709. Renewal of dental assistant permits. (a)(1) Said permits must be renewed on forms as provided by the Arkansas State Board of Dental Examiners pursuant to Arkansas Code § 17-82-405. (2) As stated in that section of the Arkansas Code, the procedures for registrat…

17 CAR § 115-1801. Definitions. As used in this subpart: (1) “Active patient” means any person who received any level of dental care in a mobile dental facility within the preceding twenty-four (24) months; (2)(A) “Comprehensive dentistry” means a mobile dental facility that acce…

17 CAR § 115-1802. Physical requirements. (a) All mobile dental facilities must comply with all applicable federal, state, and local laws, rules, regulations, and ordinances including but not limited to: (1) Those concerning: (A) Radiographic equipment; (B) Flammability; (C) Cons…

17 CAR § 115-1803. Documentation and records requirements. (a) All written, printed, or electronic materials must contain the official business address (not a post office box) and telephone number. (b) When not being transported to or from a treatment site, all dental and office …

17 CAR § 115-1804. Information to patients. (a) Display in facility. (1) The license (or a photocopy of the license) of each dentist or dental hygienist working in the mobile dental facility shall be prominently displayed in the facility. (2) The permit to operate the mobile dent…

17 CAR § 115-1805. Permit requirements. (a) Complete required application forms provided by the Arkansas State Board of Dental Examiners. (b) Pay fee of five thousand dollars ($5,000) as set by Arkansas Code § 17-82-602. (c) The operator must be a dentist licensed in Arkansas. (d…

17 CAR § 115-1806. Annual report. An annual report for the previous year must be submitted to the Arkansas State Board of Dental Examiners by January 10 of each calendar year, which must include: (1) List of all locations (street address, city, state) where mobile dental services…

17 CAR § 115-1807. Notification of changes. (a) The Arkansas State Board of Dental Examiners must be notified within ten (10) business days of: (1) If the mobile dental facility is sold; (2) Any change relating to dentists to whom patients are to be referred for follow-up care; (…

17 CAR § 115-1808. Supervision of personnel and delegation of duties. (a) Dental assistants must only work under the personal or direct supervision of a dentist as provided in 17 CAR § 115-1701 et seq. (b) Dental hygienists must only work under the direct or indirect supervision …

17 CAR § 115-1809. Cessation of operation. (a) The Arkansas State Board of Dental Examiners must be notified within thirty (30) days of the cessation of operation of any mobile dental facility. (b) Patients must be notified in writing or publication once a week for three (3) cons…

17 CAR § 115-1901. Definitions. As used in this subpart: (1)(A) “Collaborative agreement” means a written plan that: (i) Identifies a dentist licensed by the Arkansas State Board of Dental Examiners who agrees to collaborate with a dental hygienist licensed by the Arkansas State …

17 CAR § 115-1902. Permit requirements and fees. (a) Collaborative Care Permit I. (1) A dentist must be licensed by the Arkansas State Board of Dental Examiners. (2) A dental hygienist must: (A) Be licensed by the board; (B) Have: (i) Practiced as a dental hygienist for one thous…

17 CAR § 115-1903. Services provided by collaborative dental hygienists. (a) A collaborative dental hygienist who obtains a Collaborative Care Permit I may provide dental hygiene services within the scope of practice of a dental hygienist in the State of Arkansas (17 CAR § 115-11…

17 CAR § 115-1904. Collaborative practice agreement protocol. (a)(1) A written protocol to be used by the collaborative care dental hygienist to treat patients must be established by the consulting dentist and dental hygienist prior to the delivery of patient care. (2) The writte…

17 CAR § 115-1905. Consent forms. (a) A consent form must be obtained prior to the provision of any collaborative care dental hygiene services. (b) The form must be signed by: (1) The patient; or (2) A parent or guardian if the patient is a minor or an incapacitated person. (c) A…

17 CAR § 115-1906. Post-care information to patients. (a) Each person receiving collaborative care dental hygiene services must receive an information sheet at the completion of services. (b) The information sheet must contain: (1) Name of the: (A) Collaborative care dental hygie…

17 CAR § 115-1907. Reimbursement. (a) For the purposes of reimbursement the collaborative dental hygienist is deemed to be an employee of the consulting dentist. (b) A health insurance company, Medicaid, or other person that pays a fee for service performed by a collaborative den…

17 CAR § 115-1908. Malpractice insurance. A collaborative dental hygienist who provides services permitted under this part shall be insured under a malpractice liability policy for the provision of the services.

17 CAR § 115-1909. Reporting. (a) Reports from the collaborating dental hygienist and consulting dentist must be submitted to the Arkansas State Board of Dental Examiners office. (b) An annual report is due by January 31 of each calendar year, which must include: (1) A list of al…

17 CAR § 115-1910. Cessation of operation. (a) The Arkansas State Board of Dental Examiners must be notified within thirty (30) days of the cessation of operation of any collaborative care agreement. (b) Arrangements must be made for the transfer of records of all patients includ…

17 CAR § 115-2001. Prescribing. (a) Pursuant to Acts 2017, No. 820, a prescriber who prescribes scheduled drugs shall be required by the Arkansas State Board of Dental Examiners to register with the Prescription Drug Monitoring Program and access patient information before writin…

17 CAR § 115-201. Complaint Committee. (a) The President of the Arkansas State Board of Dental Examiners, Vice President of the Arkansas State Board of Dental Examiners, Secretary-Treasurer of the Arkansas State Board of Dental Examiners, and one (1) of the consumer representativ…

17 CAR § 115-202. Order and notice of hearing. (a) If by majority vote of the Arkansas State Board of Dental Examiners it is determined that sufficient cause exists, the board shall cause to be prepared an order and notice of hearing. (b) The order and notice of hearing shall con…

17 CAR § 115-203. Fee disputes. Fee disputes are deemed to be matters of private contract between the parties involved and are not within the jurisdiction of the Arkansas State Board of Dental Examiners to resolve.

17 CAR § 115-2101. Prelicensure determination. (a) Pursuant to Acts 2019, No. 990, an individual may petition for a prelicensure determination of whether: (1) The individual’s criminal record will disqualify the individual from licensure; and (2) A waiver may be obtained. (b) The…

17 CAR § 115-2102. Waiver request. (a) If an individual has been convicted of an offense listed in Arkansas Code § 17-3-102(a) or (e), the Arkansas State Board of Dental Examiners may waive disqualification of a potential applicant or revocation of a license based on the convicti…

17 CAR § 115-2201. Definitions. As used in this subpart: (1) “Morbidity” means an incident that results in mental or physical impairment that is related to or results from: (A) A dental procedure; (B) Administration of local anesthesia; (C) Oral conscious sedation; (D) Intravenou…

17 CAR § 115-2202. Reporting requirements. (a)(1) A dentist shall file a morbidity report with the Arkansas State Board of Dental Examiners within thirty (30) days after: (A) The occurrence; or (B) Such a time as the dentist becomes aware of or reasonably should have become aware…

17 CAR § 115-2301. Fees. (a) Initial license/permit: (1) Dental license by examination, one hundred fifty dollars ($150); (2) Dental license by credentials/reciprocity, one thousand dollars ($1,000); (3) Dental specialty license, three hundred dollars ($300); (4) Collaborative Ca…

17 CAR § 115-301. Generally. (a)(1) The following acts, services, procedures, and practices constitute the practice of dentistry. (2) Provided, however, that this list is not intended to be all inclusive. (b) By specific reference all those acts described in the Arkansas Dental P…

17 CAR § 115-302. Practice of dentistry. Any person shall be regarded as practicing dentistry within the meaning of this section: (1) Who publicly professes to be a dentist or dental surgeon or who uses or permits to be used for himself or herself or for any other person, the tit…

17 CAR § 115-401. Persons excepted from application of the Arkansas Dental Practice Act. Nothing herein shall be construed to prohibit or to require a license hereunder with respect to any of the following acts: the operations by bona fide students of dentistry or dental hygiene …

17 CAR § 115-501. General statement. (a) Although any dentist may advertise, no dentist shall advertise or solicit patients in any form of communication in a manner that is false or misleading in any material respect. (b) "False or misleading in any material respect” means commun…

17 CAR § 115-502. Truthfulness in advertising. (a) The Arkansas State Board of Dental Examiners may require a dentist to substantiate the truthfulness of any assertion or representation of material fact set forth in an advertisement. (b) At the time an advertisement is placed, th…