Chapter 679 — Chapter 679
74 sections in this chapter.
ORS 679.010 As used in this chapter and ORS 680.010 to 680.205, unless the context requires otherwise
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(1) “Dental assistant” means a person who, under the supervision of a dentist or dental therapist, renders assistance to a dentist, dental therapist, dental hygienist, dental technician or another dental assistant or who, under the supervision of a dental hygienist, renders assis…
ORS 679.020 Practice of dentistry or operating dental office without license prohibited; exceptions. (1) A person may not practice dentistry without a license
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(2) Only a person licensed as a dentist by the Oregon Board of Dentistry may own, operate, conduct or maintain a dental practice, office or clinic in this state. (3) The restrictions of subsection (2) of this section, as they relate to owning and operating a dental office or clin…
ORS 679.022 Exemption from naming licensed dentist as director for accredited institutions and programs. (1) ORS 679.020 (4)(a) does not apply to institutions or programs accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training
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(2) Institutions or programs described in subsection (1) of this section must: (a) Maintain a list of the dentists of record that provide dental care in a dental clinic or office owned or operated by the institution or program; and (b) Provide the list maintained under this subse…
ORS 679.025 License required to practice dentistry; exemptions. (1) A person may not practice dentistry or purport to be a dentist without a valid license to practice dentistry issued by the Oregon Board of Dentistry
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(2) Subsection (1) of this section does not apply to: (a) Dentists licensed in another state or country making a clinical presentation sponsored by a bona fide dental society or association or an accredited dental educational institution approved by the board. (b) Bona fide full-…
ORS 679.026 [1971 c.48 §2; 1975 c.693 §20; 1977 c.192 §2; 1981 c.185 §1; repealed by 1983 c.169 §34]
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[Repealed or reserved.]
ORS 679.027 Enjoining violations. The Attorney General, or the prosecuting attorney of any county, or the Oregon Board of Dentistry, in its own name, may maintain an action for an injunction against any person violating any provision of ORS 679.020, 679.025, 679.170 or 679.176. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. An injunction shall not relieve a person from criminal prosecution for violation of any provision of ORS 679.020, 679.025, 679.170 or 679.176 or from any other civil, criminal or disciplinary remedy. [1957 c.552 §2; 1963 c.284 §2; 1979 c.284 §192; 1983 c.169 §3]
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[Repealed or reserved.]
ORS 679.030 [Amended by 1953 c.574 §5; repealed by 1977 c.192 §13]
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[Repealed or reserved.]
ORS 679.040 [Amended by 1963 c.284 §3; repealed by 2003 c.83 §12]
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[Repealed or reserved.]
ORS 679.050 Nonresident dentists giving or receiving instruction; hospital permits. (1) If a reputable and duly licensed practitioner in dentistry of another state or country is asked to appear and demonstrate, receive or give instruction in the practice of dentistry before any qualified dental college or dental organization or dental study group recognized by the Oregon Board of Dentistry, the secretary of the board shall issue on written request of an authorized officer of such college or dental organization or dental study group, without fee, a permit for such purpose. A permit shall be issued upon such terms as the board shall prescribe
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(2) If a reputable and duly licensed practitioner in dentistry of another state has been granted staff privileges, either limited, special or general, by any duly licensed hospital in this state, the secretary of the board shall issue on written request and verification of an aut…
ORS 679.060 Application for license; fees; grounds for refusal of license. (1) Any person desiring to practice dentistry in this state shall file an application with the Oregon Board of Dentistry
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(2) At the time of making the application, the applicant shall: (a) Pay to the board the required application and examination fee. (b) Furnish the board with evidence satisfactory to the board of details of any convictions recorded in any police records. Such details are subject …
ORS 679.065 Qualifications of applicants; rules. (1) An applicant for a dental license shall be entitled to take the examination to practice dentistry in Oregon if the applicant
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(a) Is 18 years of age or older; and (b) Is a graduate of a dental school accredited by the Commission on Dental Accreditation of the American Dental Association or its successor agency, if any, which must have been approved by the Oregon Board of Dentistry. (2) Foreign trained g…
ORS 679.070 Examination; acceptable results. (1) The Oregon Board of Dentistry may administer written, laboratory or clinical examinations to test professional knowledge and skills
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(2) The examination must be elementary and practical in character but sufficiently thorough to test the fitness of the applicant to practice dentistry. It must include, written in the English language, questions on any subjects pertaining to dental science. (3) If a test or exami…
ORS 679.080 Reexamination of applicants; rules. The Oregon Board of Dentistry may adopt rules requiring additional education and examination of applicants who have failed the licensing examination three times. [Amended by 1973 c.829 §63; 1977 c.444 §2; 1983 c.169 §8; 2003 c.83 §4]
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[Repealed or reserved.]
ORS 679.090 Issuance of license. The Oregon Board of Dentistry shall, upon the applicant’s satisfactory completion of the educational requirements and written, laboratory and clinical examinations authorized under this chapter and upon receipt of the requisite fees, issue or renew the appropriate dental license. [Amended by 1963 c.284 §6; 1971 c.34 §1; 1983 c.169 §9]
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[Repealed or reserved.]
ORS 679.100 [Repealed by 1963 c.284 §17]
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[Repealed or reserved.]
ORS 679.105 [1997 c.662 §1; repealed by 2003 c.83 §12]
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[Repealed or reserved.]
ORS 679.110 [Repealed by 1983 c.169 §34]
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[Repealed or reserved.]
ORS 679.115 Licensing of dental instructor; requirements. (1) Notwithstanding any other provision of this chapter, the Oregon Board of Dentistry shall issue a dental instructor’s license to practice dentistry to any person who furnishes the board with evidence satisfactory to the board that the applicant meets the requirements of subsection (2) of this section
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(2) An applicant for a dental instructor’s license must be a full-time instructor of dentistry engaged in dental activities, including but not limited to participation in a faculty practice plan, within the scope of the applicant’s employment at Oregon Health and Science Universi…
ORS 679.120 Fees; waiver of fee; rules; renewal of license; notice of change of address. (1) The Oregon Board of Dentistry may impose application fees for the following
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(a) Examinations, which may differ for general dentistry, foreign school graduate and specialty examinations. (b) Biennial dentist license, active. (c) Biennial dentist license, inactive. (d) Permits and certificates. (e) Delinquency. (2) Subject to prior approval of the Oregon D…
ORS 679.130 [Amended by 1973 c.390 §5; 1983 c.169 §10; 1991 c.67 §182; repealed by 1999 c.578 §6]
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[Repealed or reserved.]
ORS 679.140 Discipline of licensee; grounds; procedure; sanctions. (1) The Oregon Board of Dentistry may discipline as provided in this section any person licensed to practice dentistry in this state for any of the following causes
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(a) Conviction of any violation of the law for which the court could impose a punishment if the board makes the finding required by ORS 670.280. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction…
ORS 679.150 [Amended by 1961 c.311 §2; 1963 c.284 §9; 1965 c.122 §6; 1967 c.282 §2; 1983 c.169 §12; repealed by 1999 c.578 §6]
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[Repealed or reserved.]
ORS 679.160 Appeal from board decision. (1) Any licensee who has been disciplined by the Oregon Board of Dentistry may obtain judicial review of the decision in the manner prescribed by ORS chapter 183
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(2) Notwithstanding ORS 676.210, enforcement of the board’s disciplinary order pending appeal shall be determined pursuant to ORS 183.482 (3). [Amended by 1961 c.311 §3; 1967 c.282 §3; 1973 c.390 §6; 1977 c.192 §4; 1979 c.744 §54; 1983 c.169 §13; 1995 c.199 §3; 2003 c.83 §6]
ORS 679.165 Automatic suspension of license in case of mental disorder. The entry of a judgment by any court establishing the mental disorder of any person holding a license under this chapter operates as a suspension of such license. Such person may resume practice only upon a finding by the Oregon Board of Dentistry that the licensee has been declared restored to mental competence by an order of a court of competent jurisdiction. [1957 c.552 §3; 1999 c.59 §202; 2003 c.576 §542]
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[Repealed or reserved.]
ORS 679.170 Prohibited practices. A person may not
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(1) Sell or barter, or offer to sell or barter, any diploma or document conferring or purporting to confer any dental degree, or any certificate or transcript made or purporting to be made, pursuant to the laws regulating the license and registration of dentists. (2) Purchase or …
ORS 679.175 [1953 c.574 §3; repealed by 1957 c.552 §9]
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[Repealed or reserved.]
ORS 679.176 (1) No dentist may use the services of any person, not licensed to practice dentistry in this state, to construct, alter, repair, reline, reproduce or duplicate any prosthetic denture, bridge, appliance or any other structure to be worn in the human mouth, unless the dentist first furnishes to such person a written work order, in substantially the following form
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______________________________________________________________________________ (Date) ______, 2___ TO: (Name of dental technician or laboratory with address) RE: (Name or number of patient) (Description of the work to be done, including diagrams if necessary, together with specif…
ORS 679.180 Enforcement; jurisdiction. (1) The district attorney of each county shall attend to the prosecution of all criminal complaints made under this chapter and may represent the Oregon Board of Dentistry in any proceeding brought pursuant to ORS 679.027 upon a complaint, information or indictment filed against any person under this chapter, or upon request of the board. However, nothing in this chapter shall be construed to prevent the prosecution of any person for violation of this chapter upon the information of the district attorney directly or, subject to the requirements of ORS 676.175, to prevent assistance being rendered to the district attorney by an employee of the board
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(2) Nothing contained in this chapter shall be construed to require the district attorney to prosecute any person who is licensed by the board and who is subject to disciplinary action directly by the board under any provision of this chapter or ORS 680.010 to 680.205. [Amended b…
ORS 679.230 Oregon Board of Dentistry; appointment; qualifications; confirmation; compensation and expenses. (1) The Oregon Board of Dentistry consists of 10 members appointed by the Governor and subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. All members of the board must be residents of this state. Of the members of the board
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(a) Six must be Oregon active licensed dentists, of which at least one must be a dentist practicing in a dental specialty recognized by the American Dental Association; (b) Two must be Oregon active licensed dental hygienists; and (c) Two must be members of the public who are not…
ORS 679.240 [Repealed by 1983 c.169 §34]
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[Repealed or reserved.]
ORS 679.250 Powers and duties of board; rules. The powers and duties of the Oregon Board of Dentistry are as follows
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(1) To, during the month of April of each year, organize and elect from its membership a president who shall hold office for one year, or until the election and qualification of a successor. (2) To authorize all necessary disbursements to carry out the provisions of this chapter,…
ORS 679.253 Authority of board to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Oregon Board of Dentistry may require the fingerprints of a person who
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(1) Is employed or applying for employment by the board in a position in which the person has or will have access to information that is made confidential under state or federal laws, rules or regulations; (2) Provides services or seeks to provide services to the board as a contr…
ORS 679.255 Board to adopt standards for sedation during dental procedures; rules. The Oregon Medical Board and the Oregon State Board of Nursing, in consultation with the Oregon Board of Dentistry, shall adopt rules establishing standards governing their respective licensees for general anesthesia and conscious sedation administered in conjunction with the professional services of a dentist or dental hygienist. [1985 c.323 §13]
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[Repealed or reserved.]
ORS 679.260 Oregon Board of Dentistry Account; disbursement of receipts. (1) The Oregon Board of Dentistry Account is established in the State Treasury separate and distinct from the General Fund
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(2) All moneys received by the Oregon Board of Dentistry under this chapter shall be paid to the State Treasury and credited to the Oregon Board of Dentistry Account. Any interest or other income derived from moneys paid into the account shall be credited monthly to the account. …
ORS 679.270 [Repealed by 1973 c.829 §71]
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[Repealed or reserved.]
ORS 679.280 Dental committees or consultants for improving standards of practice; liability; confidentiality of proceedings. (1) The Oregon Board of Dentistry may appoint a consultant or a committee or committees, each consisting of one or more licensed dentists in this state, to study and report to the board the condition of and dental treatment rendered to any person or persons by any licensed dentist or dentists in this state or by any person purporting to practice dentistry in this state. Any person, hospital, sanatorium, professional grievance committee, nursing or rest home or other organization may, subject to the laws governing privileged or confidential communications, provide information, interviews, reports, statements, memoranda or other data relating to the condition and treatment of any person to the consultant or committee or to the board, to be used in the course of any study for the purpose of improving the standards of dental practice or to enable the board to assess the desirability of disciplinary action relating thereto; and no liability of any kind or character for damages or other relief shall arise or be enforced against the person or organization by reason of having provided the information or material, or arise or be enforced against any consultant or member of the committee by reason of having released or published the findings and conclusions of the consultants or committees to advance dental science and dental education, or by reason of having released or published generally a summary of those studies. When used by the board to assess the desirability of disciplinary action, the testimony given to and the proceedings, reports, statements, opinions, findings and conclusions of the consultants and committees and the board shall be confidential as provided under ORS 676.175, but this shall not preclude the use of the subpoena power with respect to the actual records of dentists, patients, hospitals, sanitaria, nursing or rest homes
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(2) There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, any consultant or member of a duly appointed committee for any act or proceeding undertaken or performed within the scope of the functions of that consultant or commit…
ORS 679.290 Failure to comply with subpoena issued by board. (1) If a person fails to comply with any subpoena issued under ORS 679.250 (8), a judge of the circuit court of any county, on application of the executive director of the Oregon Board of Dentistry, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from the circuit court
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(2) In any proceeding under subsection (1) of this section and where the subpoena is addressed to a licensee of the board it shall not be a defense that: (a) No witness or mileage fee was paid; or (b) The material that is subject to the subpoena is protected under a patient and d…
ORS 679.300 Privileged data; admissibility of data as evidence in judicial proceedings. (1) All data shall be privileged and shall not be admissible in evidence in any judicial proceeding, but this section shall not affect the admissibility in evidence of a party’s records dealing with a party’s care and treatment
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(2) A person serving on or communicating information to a committee described in subsection (4) of this section shall not be examined as to any communication to that committee or the findings thereof. (3) A person serving on or communicating to a committee described in subsection…
ORS 679.310 Duty to report violations; exceptions; liability. (1)(a) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, any dentist or dental hygienist, or any person licensed by the Oregon Board of Dentistry, shall report to the board any suspected violation of this chapter or ORS 680.010 to 680.205 or any rule adopted by the board
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(b) Unless state or federal laws relating to confidentiality or the protection of health information prohibit disclosure, a dentist or dental hygienist, or any person licensed by the board, shall report any prohibited conduct as defined in ORS 676.150 in the manner provided in OR…
ORS 679.320 Confidentiality of information provided to board; limitation of liability. (1) Any information provided to the Oregon Board of Dentistry as the basis of a complaint or in the investigation thereof shall not be subject to public disclosure during the period of investigation
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(2) Any person who reports or provides information to the board and who does so in good faith shall not be subject to an action for civil damages as a result thereof. [1985 c.323 §12]
ORS 679.323 Removal of individual disciplinary information; rules. (1) Upon the 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 control all information related to disciplining the individual under ORS 679.140 and any findings and conclusions made by the board during the disciplinary proceeding, if
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(a) The request is made 10 years or more after the date on which any disciplinary sanction ended; (b) The individual was not disciplined for financially or physically harming a patient; (c) The individual informed the board of the matter for which the individual was disciplined b…
ORS 679.330 Advisory committee on dental assistant workforce shortage. (1) The Oregon Board of Dentistry shall convene an advisory committee of at least seven members to study the dental assistant workforce shortage and to review the requirements for dental assistant certification in other states. The committee shall provide advice to the board on a quarterly basis on how to address the dental assistant workforce shortage in this state
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(2)(a) In appointing members to the advisory committee, the board shall prioritize diversity of geographic representation, background, culture and experience. (b) A majority of the members appointed to the committee must have experience working as dental assistants. [2023 c.436 §…
ORS 679.500 Administration of local anesthesia for certain purposes; rules. (1) A dentist licensed to practice dentistry in this state may administer local anesthesia to a person for the purposes of receiving permanent lip color from a person licensed to perform tattooing under ORS 690.350 to 690.410 or having permanent hair removal in the lip area from a person licensed to perform electrolysis under ORS 690.350 to 690.410
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(2) Prior to administering local anesthesia for the purposes authorized under subsection (1) of this section, the dentist must: (a) Receive a written order from a person licensed to perform tattooing or electrolysis under ORS 690.350 to 690.410; (b) Obtain a current health histor…
ORS 679.510 Liability insurance for retired dentist; requirements; rules. (1) For the purposes of this section, “retired dentist” means a person who is retired from active practice except for the practice of dentistry without remuneration as a volunteer
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(2) Subject to availability of funding, the Oregon Department of Administrative Services shall establish a program to purchase and maintain liability insurance for retired dentists. Insurance provided under the program shall be acquired through contracts with liability insurers t…
ORS 679.520 Treatment of dental waste materials containing mercury. (1) A dentist who places in or removes from the human oral cavity dental materials containing mercury shall
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(a) Implement and maintain best management practices of dental wastes as developed by the Oregon Dental Association to prevent amalgam waste and mercury from entering the air, sewage systems, waterways and garbage; (b) Have an amalgam separator installed on a wastewater drain in …
ORS 679.525 Amalgam separators required in certain dental facilities. Each dental facility constructed on or after January 1, 2008, shall have amalgam separators that meet the requirements of ORS 679.520 (1)(b). [2007 c.517 §3]
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Note: 679.525 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 679 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 679.530 Information about oral prosthetic devices. Dental technicians shall, upon request by a dentist or patient, provide the dentist or patient with information about the location where oral prosthetic devices that are inserted into the human oral cavity or that come in contact with its adjacent structures and tissues were manufactured
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[Repealed or reserved.]
ORS 679.535 Requirement to test heat sterilization device; rules. (1) A person licensed by the Oregon Board of Dentistry who uses an autoclave or other heat sterilization device in the person’s practice shall test the autoclave or other heat sterilization device at least once per week to ensure that the device is functioning properly
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(2) The Oregon Board of Dentistry shall adopt rules to implement this section. [2014 c.16 §2; 2017 c.362 §1]
ORS 679.540 Oral disease prevention services; reimbursement; rules. (1) As used in this section
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(a) “Dental provider” means a licensed dentist, dental hygienist or other dental practitioner or a dental care team or clinic that provides the following core services: (A) Comprehensive dental care; (B) Basic preventive dental services; (C) Referral to dental specialists; and (D…
ORS 679.543 Use of telehealth by dental care provider. (1) As used in this section, “telehealth” means a variety of methods, through the use of electronic and telecommunications technologies, for the distance delivery of health care services, including dental care services, and clinical information designed to improve a patient’s health status and to enhance delivery of the health care services and clinical information
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(2) A dental care provider authorized by the Oregon Board of Dentistry to practice dental care services may use telehealth if: (a) In the professional judgment of the dental care provider, the use of telehealth is an appropriate manner in which to provide a dental care service; a…