Oregon Administrative Code

817-060-0020 Chemical Storage (1) For the purposes of this section, the following terms are being used as defined by OAR 437, Division 2, General Occupational Safety and Health Rules Toxic and Hazardous Substances as amended and in effect September 25, 2012; (a) Corrosives; (b) F…

817-060-0030 Use, Handling and Disposing of Chemicals (1) Chemicals used for providing services to clients must be mixed in a dispensing area, which has adequate ventilation away from open flame or other sources of potential ignition. (2) All chemicals must be disposed of in acco…

817-060-0050 Use of Formaldehyde Products (1) An authorization holder providing services with products that may contain formaldehyde must adhere to all city, county, state or federal laws, rules, codes and regulations related to the use of formaldehyde. (2) The Office and Board a…

817-090-0025 Schedule of Penalties for Facility and Independent Contractor Registration Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of facility license and independent contractor registration laws and rules. Thi…

817-090-0035 Schedule of Penalties for Practitioner Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of practitioner licensing laws and rules. This schedule applies, except at the discretion of the Office pursuant to…

817-090-0045 Schedule of Penalties for Authorizations Holders The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of certificate/license/registration/permit laws and rules. This schedule applies, except at the discretion of the Of…

817-090-0055 Schedule of Penalties for Home Facility Violations (1) The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of home facility laws and rules. This schedule applies, except at the discretion of the Office pursuant to ORS…

817-090-0065 Schedule of Penalties for Water Supply and Disposal Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the…

817-090-0070 Schedule of Penalties for Towels and Linens Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office …

817-090-0075 Schedule of Penalties for Waste Disposal Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office pur…

817-090-0080 Schedule of Fines for Dispensing of Cosmetic Preparations Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion …

817-090-0085 Schedule of Penalties for Sanitation or Disinfectant Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of th…

817-090-0090 Schedule of Penalties for Disinfecting Requirements of Tools and Implements Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except …

817-090-0095 Schedule of Penalties for Cleanable/Non-Absorbent Surfaces Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion…

817-090-0100 Schedule of Penalties for Clean Conditions Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the Office p…

817-090-0105 Schedule of Penalties for Client Health and Safety Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the …

817-090-0110 Schedule of Penalties for Safe Working Conditions Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of safety and infection control laws and rules. This schedule applies, except at the discretion of the O…

817-090-0115 Schedule of Penalties for Chemical Use and Storage Violations The Office has adopted the following presumptive penalty schedule for the 1st, 2nd, and 3rd violation of chemical use and storage laws and rules. This schedule applies, except at the discretion of the Offi…

817-100-0005 Domestic Administration Domestic Administration under ORS 690.025(1) means a person providing services in a location where the client or person resides, and the services are provided only to persons who are related by blood, marriage, or domestic partnership. Statuto…

817-100-0100 Licensed Health Care Facility (1) Under ORS 690.025(1)(c) the provisions of ORS 690.005 to 690.235 do not apply to persons who are acting under the authority of a hospital or long-term care facility licensed under ORS 441.025 or a residential facility licensed under …

817-120-0005 Practice Standards (1) Authorization holders must adhere to all applicable Office laws and rules listed in ORS 676.560 to 676.660 and OAR Chapter 331 divisions 1 through 30. (2) Authorization holders must practice in a manner that safeguards the public's health, safe…

818-001-0000 Notice of Proposed Rule Making Prior to the adoption, amendment, or repeal of any permanent rule, the Oregon Board of Dentistry shall give notice of the proposed adoption, amendment, or repeal: (1) By publishing a notice in the Secretary of State's Bulletin referred …

818-001-0002 Definitions As used in OAR chapter 818: (1) "Board" means the Oregon Board of Dentistry, the members of the Board, its employees, its agents, and its consultants. (2) "Dental Practice Act" means ORS Chapter 679 and 680.010 to 680.170 and the rules adopted pursuant th…

818-001-0005 Model Rules of Procedure Pursuant to the provisions of ORS 183.341, the Oregon Board of Dentistry adopts the Attorney General’s Model Rules of Procedure under the Administrative Procedures Act current edition; these rules of procedure shall be controlling except as o…

818-001-0011 Time for Requesting a Contested Case Hearing A request for a contested case hearing must be in writing and must be received by the Board within twenty-one days from the date the contested case notice was served. Statutory/Other Authority: ORS 679.250 & 183.341 Statut…

818-001-0025 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

818-001-0030 Award of Hearings Costs The Board may assess the following costs against a licensee disciplined by the Board: (1) Fee for service of complaint. (2) Fee for service of subpoenas. (3) Reporter fee for depositions and hearing including transcriptions. (4) Hearing office…

818-001-0082 Access to Public Records (1) Public records not exempt from disclosure may be inspected during office hours at the Board office upon reasonable notice. (2) Copies of public records not exempt from disclosure may be purchased upon receipt of a written request. The Boa…

818-001-0083 Relief from Public Disclosure Upon the receipt of a written request of an individual who has been disciplined by the Oregon Board of Dentistry, the Board shall remove from its website, and other publicly accessible print and electronic publications under the Board’s …

818-001-0087 Fees (1) The Board adopts the following fees: (a) Biennial License Fees: (A) Dental —$490; (B) Dental — retired — $0; (C) Dental Faculty — $435; (D) Volunteer Dentist — $0; (E) Dental Hygiene —$279; (F) Dental Hygiene — retired — $0; (G) Volunteer Dental Hygienist — …

818-001-0090 Board Member Compensation (1) Board members of the Oregon Board of Dentistry, who are authorized by law to receive compensation for time spent in performance of their official duties, shall receive compensation based on the amount fixed for the standard per diem allo…

818-005-0035 Contesting a Fitness Determination (1) This rule sets forth a contested case hearing process by which a subject individual may appeal a fitness determination made under OAR 818-005-0050 that he or she is fit or not fit to be a Board employee, volunteer, contractor, o…

818-005-0040 Agency Representation (1) Subject to the approval of the Attorney General, an officer or employee of the Board, designated by the Executive Director, is authorized to appear on behalf of the Board in contested case hearings conducted pursuant to these rules. (2) Boar…

818-005-0050 Criminal Records Check for Employees, Volunteers and Applicants (1) The Board may require a criminal records check and fitness determination for Board employees, volunteers or applicants for employment with the Board. (2) Criminal records checks and fitness determina…

818-012-0005 Scope of Practice (1) No dentist may perform any of the procedures listed below: (a) Rhinoplasty; (b) Blepharoplasty; (c) Rhytidectomy; (d) Submental liposuction; (e) Laser resurfacing; (f) Browlift, either open or endoscopic technique; (g) Platysmal muscle plication…

818-012-0006 Qualifications - Administration of Vaccines (1) A dentist may administer vaccines to a patient of record. (2) A dentist may administer vaccines under Section (1) of this rule only if: (a) The dentist has completed a course of training approved by the Board; and (b) T…

818-012-0007 Procedures, Record Keeping and Reporting of Vaccines (1) Prior to administering a vaccine to a patient of record, the dentist must follow the “Model Standing Orders” approved by the Oregon Health Authority (OHA) for administration of vaccines and the treatment of sev…

818-012-0010 Unacceptable Patient Care The Board finds, using the criteria set forth in ORS 679.140(4), that a licensee engages in or permits the performance of unacceptable patient care if the licensee does or permits any person to: (1) Provide treatment which exposes a patient …

818-012-0015 Licensee to Notify Board of Certain Events Licensees shall report to the Board incidents of mortality that occur in the course of the licensee’s practice. (1) The licensee performing the dental procedure must submit a written detailed report to the Board within five …

818-012-0020 Additional Methods of Discipline for Unacceptable Patient Care In addition to other discipline, the Board may order a licensee who engaged in or permitted unacceptable patient care to: (1) Make restitution to the patient in an amount to cover actual costs in correcti…

818-012-0030 Unprofessional Conduct The Board finds that in addition to the conduct set forth in ORS 679.140(2), unprofessional conduct includes, but is not limited to, the following in which a licensee does or knowingly permits any person to: (1) Attempt to obtain a fee by fraud…

818-012-0032 Diagnostic Records (1) Licensees shall provide duplicates of physical diagnostic records to patient or patient's guardian within 14 calendar days of receipt of written request. (a) Physical records include: (A) Legible copies of paper charting and chart notes, and; (…

818-012-0040 Infection Control Guidelines In determining what constitutes unacceptable patient care with respect to infection control, the Board may consider current infection control guidelines such as those of the Centers for Disease Control and Prevention and the American Dent…

818-012-0060 Failure to Cooperate with Board (1) No licensee shall: (a) Fail to report to the Board violations of the Dental Practice Act. (b) Use threats or harassment to delay or obstruct any person in providing evidence in any investigation, contested case, or other legal acti…

818-012-0070 Patient Records (1) Each licensee shall have prepared and maintained an accurate and legible record for each person receiving dental services, regardless of whether any fee is charged. The record shall contain the name of the licensee rendering the service and includ…

818-012-0075 Administration of Local Anesthesia — Lip Color Procedures A dentist licensed in Oregon may administer local anesthesia to a person who proposes to receive permanent lip color and/or permanent hair removal in the lip area from a permanent color technician/tattoo artis…

818-012-0080 Improper Prescription Practices (1) In conjunction with dental treatment, a dentist may prescribe, dispense, or administer medications relevant to the care being provided. (2) It is improper to prescribe or dispense drugs outside the scope of the practice of dentistr…

818-012-0090 Obtaining Controlled Substances (1) No licensee shall obtain or attempt to obtain any controlled substance by any misrepresentation or subterfuge. (2) No licensee shall prescribe any controlled substance for the licensee’s personal consumption. (3) No licensee shall …

818-012-0100 Controlled Substances Record Keeping Requirements (1) Each dentist shall have a current and constant inventory of all controlled substances. (2) Each time a dentist dispenses any drug listed on Schedule II of the Drug Abuse Prevention and Control Act, 21 U.S.C., Sec …

818-012-0110 Extension of Authority to Operate a Dental Practice (1) Upon the death or disability of a shareholder dentist, the administrator, executor, personal representative, guardian, conservator or receiver of the former dentist shareholder shall notify the Board in writing …