Georgia Administrative Code

The Georgia Board of Dentistry shall consist of eleven members, nine of whom shall be dentists licensed in Georgia, one a hygienist licensed in Georgia and one a citizen who is neither a dentist nor a hygienist. The Board shall elect from its members a president and such other of…

(1) At its annual June meeting, the Board shall elect its officers for the next year. The term of official service shall be for one (1) year, and until successors are elected. Officers of the Board shall consist of a President and Vice President. (2) The Board, in its discretion,…

The Georgia Board of Dentistry shall conduct meetings as may be required and necessary.

(1) For purposes of O.C.G.A. § 43-11-47(a)(15), "advertising" shall include any information communicated in a manner designed to attract public attention to the practice of the licensee, including the use of a trade name or corporate name. (2) A dentist may provide information re…

(1) The Georgia Board of Dentistry recognizes twelve (12) specialties of dental practice, which are defined as follows: (a) Dental Public Health: Dental Public Health is the science and art of preventing and controlling dental diseases and promoting dental health through organize…

(1) The required fee must accompany the appropriate application as noted in the follow schedule. All fees are considered paid only when received in the Office of the Department of Community Health, payable to the Georgia Board of Dentistry: (a) Application/Examination Fees: 1. De…

(1) It is the policy of the Board of Dentistry to pursue its legal remedies under O.C.G.A. § 16-9-20 when a bad check is issued in payment of examination, license or renewal fees, application fees, or similar fees, and to take such other action as is outlined in 150-12 and regula…

(1) When the intent is minimal sedation (anxiolysis), which is defined as a minimally depressed level of consciousness that retains the patient's ability to independently and continuously maintain an airway with unaffected ventilatory and cardiovascular function and respond norma…

(1) The educational requirements for a permit to use deep sedation/general anesthesia in Georgia shall be equal to those set forth in O.C.G.A. § 43-11-21.1. (2) The following guidelines shall apply to the administration of deep sedation/general anesthesia in the dental office or …

(1) Conscious sedation and deep sedation/general anesthesia permits shall be renewable biennially, on or prior to December 31st of all odd-numbered years, and upon payment of the renewal fee as provided in Rule 150-12-.01. The permit shall be administratively revoked for failure …

(1) "Appliance" means any fixed or removable structure which may or may not be made with an impression of a human mouth or extraoral facial structures or any portion of the human mouth, teeth, gums or jaw used to prevent adverse dental conditions, including but not limited to cha…

(1) The fabrication of any dental appliance, cap, covering, prosthesis or cosmetic covering, as defined by this chapter, is included in the practice of dentistry as defined by O.C.G.A. § 43-11-17. (2) No person shall fabricate any dental appliance, cap, covering, prosthesis or co…

The dentist is responsible for the safety of the patient when he or she fabricates or directs any other person to fabricate and the dentist delivers any dental appliance, cap, covering, prosthesis or cosmetic covering under this chapter.

(a) For purposes of this rule, the term below shall have the following meaning. "Injectable pharmacologic" means any medication classified as a neurotoxin, adjuvant or therapeutic agent including, but not limited to, hyaluronic acid (such as Restylane), fillers (such as collagen)…

The following Rules govern procedure in "contested cases" as that term is defined in the Georgia Administrative Procedure Act (O.C.G.A. 50-13-2(2)) and which are conducted before the Board of Dentistry. Additional Rules in subsequent chapters may also apply.

(1) The Executive Director shall keep a book known as a docket, which shall be arranged by a sequential numbering system for each case or other matter and shall show for each case or matter, as permitted by law, all proceedings, actions and filings. (2) The Executive Director sha…

The offices of the Board of Dentistry shall be open from 8:00 a.m. to 5:00 p.m. each weekday, except State legal holidays.

All communications, including correspondence, motions, and pleadings, shall be filed with the Executive Director, Board of Dentistry, 2 Peachtree Street, 36th Floor, Atlanta, GA 30303. Copies shall be furnished to all parties of record, including the attorney representing the Sta…

All communications, correspondence, motions and pleadings in any proceedings shall be deemed to be filed or received on the date on which they are actually received and docketed by the Board of Dentistry.

Computation of any period of time referred to in these rules shall begin with the first day following that on which the act which initiates such period of time occurs. When the last day of the period so computed is a day on which the office of the Board of Dentistry is closed, th…

It shall be within the discretion of the Board or its designee to extend, for good cause shown, any time limit prescribed or allowed by these rules. All requests for an extension should be made by a motion in accordance with 150-17-.01 and shall indicate therein whether all parti…

Every notice, pleading, petition, motion or other document filed by a party, represented by an attorney, shall be signed by at least one attorney of record in his/her individual name. His/her address, e-mail address, telephone number, and representative capacity shall be stated. …

No person not employed by the Board of Dentistry shall communicate ex-parte with any member of the Board of Dentistry involved in the decisional process with respect to the merits of a contested case. If any ex-parte communication is directed to any person in violation of these r…

(1) Form of Petition. Each petition for promulgation, amendment or repeal of rules made pursuant to the Georgia Administrative Procedure Act shall be filed with the Board of Dentistry. The petition shall be in writing and shall state: (a) The name and address of the petitioner; (…

(1) The hearing in a contested case shall be commenced by the Board's filing of a notice of hearing directed to the respondent or respondents. (2) Every pleading or other paper submitted for filing in a contested case, to the extent possible, shall contain the following: (a) A ti…

The party to whom a notice of hearing is directed must file with the Board an answer within fourteen (14) days after service of the notice of hearing. All allegations contained in the notice of hearing which are not specifically admitted are deemed denied.

A reply to the answer shall not be permitted and any new matters asserted in the answer shall be deemed denied.

Any party, including the Board, may amend any pleading or notice without leave until the eighth day prior to the date set for the hearing on the matter. Thereafter a party may amend his pleadings only by leave of the Board or its designee and leave shall be freely given when just…

All communications, correspondence, motions and pleadings in any proceedings shall be deemed to be filed or received on the date on which they are actually received and docketed by the Board of Dentistry.

(1) An application to the Board for an order to take any action or to enter any order shall be made by motion which, unless made during the hearing, shall be made in writing, shall state specifically the grounds therefor, and shall set forth the action or order sought. A copy of …

A motion for more definite statement shall be filed and ruled upon pursuant to 150-17-.01.

Proceedings before the Board shall be conducted as expeditiously as possible, with due regard to the rights of the parties. In contested cases before the Board of Dentistry upon issuance of a notice of hearing, the procedures set forth in this chapter and Chapters 150-15 through …

(1) Should a party seek a list of the names of witnesses, including experts, whom another party expects to call or may call on its behalf, the party seeking the list must communicate the request in writing (by mail, personal service, or electronically) to the other party at least…

Except as may be expressly authorized by these Rules or by statute, no other forms of prehearing discovery shall be authorized or permitted including, but not limited to, interrogatories and requests for production of documents and other materials.

(1) Service of the notice of hearing, initial decision and final order shall be served personally upon the licensee or applicant or served by certified mail or statutory overnight delivery, return receipt requested, to the last known address of record with the Board. (2) All othe…

A copy of the answer and all other pleadings, notices, motions, briefs, memoranda and other documents filed by any party with the Executive Director shall be served upon all other parties to the proceeding, including counsel for the Board, by personal delivery or by certified mai…

Service upon a party's attorney shall be deemed service upon the party.

(1) A party filing a document or other submission with the Board shall simultaneously serve a copy of the document or submission on each party of record. Service shall be by personal delivery, e-mail as an attachment, first-class mail, certified mail, or statutory overnight deliv…

(1) Any person desiring to intervene pursuant to O.C.G.A. § 50-13-14 shall file a motion in accordance with Rule 150-17-.01 and 150-18-.04. (a) Such a motion can be made where a statute grants the movant an unconditional right to intervene or when representation of the movant's i…

(1) All correspondence relating to Board matters should be forwarded to the Board office. (2) Board Members may not disclose grades to applicants or to any other persons inquiring on the applicant's behalf.

All complaints must be made in writing to the Georgia Board of Dentistry. Unless otherwise ordered by a court of competent jurisdiction or pursuant to a vote of the Board consistent with applicable state and federal law, neither the Board nor any of its members or administrative …

Unless otherwise provided by these rules, in all hearings, the testimony of witnesses shall be taken orally before the Board or its designee and presentation of all documentary and other evidence shall be done before the Board or its designee.

When a motion is based on facts not appearing of record, the Board or its designee may hear the matter on affidavits presented by the respective parties, but the Board or its designee may direct that the matter be heard wholly or partly on oral testimony.

Any objections and exceptions must be made on the record, and at a minimum, must make clear to the Board or its designee the action which s/he desires taken and the grounds therefor.