Mississippi Administrative Code

Notes 30 Miss. Code. R. 2301-1.11 Miss. Code Ann. § 73-9-19. Regulation Eleven adopted by the Mississippi State Board of Dental Examiners prior to 1975; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

Purpose: Pursuant to the provisions of Miss. Code Ann. §§ 73-9-3(i), 73-9-5(2), and 73-9-13, to define the type of supervision required for dental auxiliaries and to further determine procedures which require the professional judgment and skill of a dentist and which, as such, ma…

Purpose: To provide standards and policies for candidates who participate in Board-approved licensure examinations and subsequently make application for licensure by examination to the Board. 1. Applicability This regulation applies to all applicants for licensure to practice den…

Notes 30 Miss. Code. R. 2301-1.16 Miss. Code Ann. § 73-9-19. Regulation Sixteen adopted by the Mississippi State Board of Dental Examiners January 1, 1980; amended March 22, 1980; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

Notes 30 Miss. Code. R. 2301-1.18 Miss. Code Ann. § 73-9-19. Regulation Eighteen adopted by the Mississippi State Board of Dental Examiners prior to 1981; rescinded in lieu of amendments to the Mississippi Dental Practice Act on July 9, 1983.

Pursuant to the provisions in Miss. Code Ann. §§ 73-9-13(n) and 73-9-47, the Board may transact business by mail, without the necessity of actual assembly, provided that a majority of the Board confirms such action in writing. The Board shall conduct no business by mail which by …

Notes 30 Miss. Code. R. 2301-1.21 Miss. Code Ann. § 73-9-19. Regulation Twenty-One adopted by the Mississippi State Board of Dental Examiners June 7, 1984; amended November 2, 1984; amended January 17, 1985; amended February 27, 1985; amended December 6, 1991; amended September 2…

LICENSES The reinstatement of licenses which have been stricken from the rolls for failure to pay registration fees for periods in excess of ninety (90) days shall be governed as follows: 1. Where the period of time for which the license has been stricken from the rolls is less t…

Purpose: The 1985 Mississippi Dental Practice Act (Miss. Code Ann. § 73-9-1, et seq.) requires the Mississippi State Board of Dental Examiners to carry out the purposes and provisions of the laws pertaining to the practice of dentistry and dental hygiene in Mississippi. Section 7…

Purpose: To provide standards and policies for a candidate to appeal his/her scores on a Board-approved licensure examination. Candidates who participate in and subsequently fail to successfully complete a Board-approved licensure examination, such examination as defined in Rule …

Notes 30 Miss. Code. R. 2301-1.29 Miss. Code Ann. § 73-9-19. Regulation Twenty-Nine adopted by the Mississippi State Board of Dental Examiners June 4, 1987; amended May 4, 1990; amended September 25, 1992; amended December 4, 1992; amended December 8, 1995; amended February 9, 19…

All students, interns, externs, residents, faculty, staff, or others who engage in the practice of dentistry or dental hygiene in colleges, universities, or institutions, and who may be privileged to practice with less than full regular licensure are subject to all other provisio…

Purpose: Pursuant to Miss. Code Ann. § 73-9-13, to promulgate rules for the administration of anesthesia in the dental office to allow dentists to provide patients with the benefits of anxiety and pain control in a safe and efficacious manner 1. Definitions of Terminology Used He…

All dentists in the State of Mississippi must submit a complete report within a period of thirty (30) days to the Mississippi State Board of Dental Examiners of any mortality or other incident occurring in the outpatient facilities of such dentists which results in permanent phys…

It shall be the stated policy of the State Board of Dental Examiners that the terms, conditions, and mandates contained in the Mississippi Public Records Act of 1983, Miss. Code Ann. § 25-61-1 et. seq., shall be strictly observed. The following procedures shall be implemented and…

1. Authority: The 1983 Mississippi Dental Practice Act, Miss. Code Ann., § 73-9-1, et. seq. (Supp. 1983), requires the Mississippi State Board of Dental Examiners (hereinafter the "Board") to carry out the purposes and provisions of the laws pertaining to the practice of dentistr…

Pursuant to the provisions in Miss. Code Ann. §§ 73-9-13, 73-9-19, and 73-9-43, the Board shall establish procedures for the renewal of all licenses and permits issued by the Board and collect in advance all fees as provided for in this Regulation and as currently established by …

Purpose: To provide standards and policies for infection control within the clinical facilities and for preventing the transmission of Human Immunodeficiency Virus and Hepatitis B Virus to patients. In accordance with Miss. Code Ann. § 41-34-3, the Mississippi State Board of Dent…

Purpose: To Establish Continuing Education Requirements of Dentists and Dental Hygienists. 1. Applicability A. Continuing dental education (CDE) ensures that dentists and dental hygienists maintain and enhance professional competence as well as stay abreast of best practices and …

Purpose: The purpose of this regulation is to ensure that the public has access to information which provides a sufficient basis upon which to make an informed selection of dentists, while also ensuring that the public is protected from false or misleading advertisements which wo…

Purpose: To establish Cardiopulmonary Resuscitation requirements for dentists, dental hygienists, and all other dental auxiliary personnel. 1. Cardiopulmonary Resuscitation (CPR) requirements will be effective on July 1, 1994, and reporting will be incorporated with the annual re…

Purpose: To establish additional standards for licensure by credentials not included in Miss. Code Ann. § 73-9-24. 1. The Mississippi State Board of Dental Examiners has determined that a dentist or dental hygienist must practice a minimum of ninety (90) days per year from the da…

Purpose: To define what constitutes actively practicing three (3) months in the State of Mississippi pursuant to Miss. Code Ann. § 73-9-19 & 5; and to set forth the other information which may be required by the Board when considering eligibility of a dentist or dental hygienist …

Pursuant to the provisions in Miss. Code Ann. § 73-9-13, as amended, 1. The clinical dental facility within institutions, schools, colleges, universities, and other agencies where less than fully licensed persons may be privileged to practice therein will be required to obtain re…

Notes 30 Miss. Code. R. 2301-1.51 Miss. Code Ann. § 73-9-19. Regulation Fifty-One adopted by the Mississippi State Board of Dental Examiners March 8, 1996; rescinded November 3, 2000 in lieu of similar language being incorporated into Miss. Code Ann. § 73-9-61(1)(d).

Error! Bookmark not defined. Purpose: To determine appropriate patient recordkeeping guidelines for licensed dentists. Licensed dentists shall be required to maintain for a minimum of seven (7) years from the date of last treatment, a copy, or retrievable copy, of patient records…

Error! Bookmark not defined. Purpose: To establish a policy as to trade names and the corporate practice of dentistry in Mississippi. 1. Name of Dental Facility Since the name under which a dentist conducts his or her practice may be a factor in the selection process of the patie…

Purpose: To define a licensed Mississippi dentist's responsibilities when, pursuant to Miss. Code Ann. § 73-9-3(e), a licensed dentist from outside the State of Mississippi is called into Mississippi for consultative or operative purposes. 1. Whenever a licensed Mississippi denti…

Error! Bookmark not defined. Purpose: To stipulate Mississippi licensure requirements for individuals performing dental utilization review. Any program of utilization review with regard to dental care services provided in this State shall comply with the following: 1. No determin…

Purpose: To establish requirements for licensees operating mobile dental facilities within the State of Mississippi, all pursuant to Miss. Code Ann. § 73-9-13. 1. Applicability This regulation applies to the Operator of a mobile dental facility dental operation. 2. Exemptions a. …

Purpose: To establish requirements for licensees operating portable dental operations within the State of Mississippi, all pursuant to Miss. Code Ann. § 73-9-13. 1. Applicability This regulation applies to the Operator of a portable dental operation who provides dental services. …

Pursuant to its authority under Miss. Code Ann. §§ 73-9-3, 73-9-28 and 73-9-29, the Board may, in its discretion, award (a) licenses, other than regular licenses, to practice dentistry or dental hygiene in this State to individuals selected for the faculty of any college of denti…

Full-time faculty or full-time teaching is defined as those in full-time employment by a college, university, institution or organization which is recognized and approved by the Board for the purpose of teaching and by those who devote at least 32 hours per week to such endeavor.…

The following Rules of Procedure apply to all individuals licensed to practice dentistry, and dental hygiene in the State of Mississippi. Notes 30 Miss. Code. R. 2302-1.1 Miss. Code Ann. § 73-9-19.

1. All disciplinary proceedings initiated by the Board shall be brought to a final resolution through one of three means: A. disciplinary hearings before the full Board, B. acceptance by the Board of a mutually agreeable Consent Order in lieu of hearing, or C. dismissal of the ca…

At a disciplinary hearing, opportunity shall be given to the Board's Prosecutorial Counsel and Respondent to present evidence on all issues of fact and argument on all issues of law and policy involved, to call, examine, and cross-examine witnesses, and to offer and introduce doc…

The procedural requirements enumerated above shall also apply to petitions duly filed with the Board seeking reinstatement of a license pursuant to Section 73-9-65, Miss. Code (1972). Notes 30 Miss. Code. R. 2302-1.12 Miss. Code Ann. § 73-9-19.

1. The above procedural rules and regulations shall become effective June 11, 1996. 2. The above Rules of Procedure are adopted by the Board to implement its authority to investigate alleged violations of the Mississippi Dental Practice Act, conduct hearings on disciplinary matte…

1. The word "complaint" as used in Miss. Code Ann. § 73-9-63, shall mean a written complaint or oral complaint later reduced to writing. 2. The word "Board" shall mean the Mississippi State Board of Dental Examiners. 3. The words "Mississippi Dental Practice Act" shall mean Secti…

1. A complaint, as defined herein, may be filed with the Secretary of the Board (through the Board's Executive Director) by any one or more of the following individuals: A. Any person or patient charging a licensed dentist or dental hygienist with the commission of any of the off…

1. If the Board or its designated member determines that formal disciplinary proceedings should be initiated, the Board, through its Executive Director, shall provide adequate notice to the licensee of all complaints made. Such notification shall include: A. A "Notice of Hearing,…

1. For the purpose of disciplinary hearings, the Board, acting by and through its Executive Director, may subpoena persons and papers on its own behalf and on behalf of a Respondent. 2. Before the Board shall issue on behalf of a Respondent any subpoena for persons or papers, the…

1. Upon written request by a Respondent or his counsel, the Board's Prosecutorial Counsel shall disclose and permit Respondent or his counsel to inspect, copy or photograph the following information and material, other than the complaint and related papers submitted in compliance…

1. The Board's Prosecutorial Counsel may amend a summons and complaint after being duly served upon Respondent at any time prior to the scheduled hearing date, provided, the amendment is for the purpose of correcting a clerical error or clarifying facts set forth in the complaint…

1. All pre-hearing motions shall be filed not later than fifteen (15) days prior to the scheduled hearing. Said motion shall include an explanation of the grounds on which relief is sought. A motion may be accompanied by an affidavit as necessary to establish facts alleged in sup…

1. Hearings shall be held before the full Board at the time and place designated in the Notice of Hearing unless a continuance is granted for just cause by the Board. A motion for a continuance must be filed with the Board at least fifteen (15) days prior to the scheduled hearing…

As used herein, words and phrases shall have the meaning ascribed to such words and phrases by these Rules and Regulations and/or Title 73, Chapter 11 of the Mississippi Code of 1972, as amended. Notes 30 Miss. Code. R. 2401-1.1 Miss. Code Ann. § 73-11-41(Supp. 2011); and Miss. C…