Article 1. Board of Dental Examiners.
Chapter 36. Dentistry.
Sec. 08.36.010. Creation and membership of board; oath; seal.
(a) There is created the Board of Dental Examiners consisting of nine members. Six members shall be licensed dentists who have been engaged in the practice of dentistry in the state for five years immediately preceding appointment, two members shall be dental hygienists licensed under
AS 08.32 who have been engaged in the practice of dental hygiene in the state for five years immediately preceding appointment, and one member shall be a public member who does not have a direct financial interest in the health care industry.
(b) When making appointments of dentists and dental hygienists under (a) of this section, the governor may consider licensed dentists who have been nominated by the Alaska Dental Society and licensed dental hygienists who have been nominated by the Alaska State Dental Hygienists' Association.
(c) Each member shall take an oath of office. The president or secretary elected under
AS 08.36.030 may administer oaths. The oath shall be filed and preserved in the department.
(d) The board shall adopt a seal.
Sec. 08.36.020. Term of office. [Repealed, § 20 ch 80 SLA 1996. For current provisions, see AS 39.05.053.]
Sec. 08.36.025. Suspension of board members.
A member against whom an accusation has been filed under
AS 44.62 (Administrative Procedure Act) for violation of
AS 08.32.160 or
AS 08.36.315 is suspended from the board until the decision of the board on the accusation takes effect under
AS 44.62.520.
Sec. 08.36.030. Election and term of officers.
(a) The board shall elect from among its members
(1) a president who is a licensed dentist or licensed dental hygienist; and
(2) a secretary.
(b) Officers elected under (a) of this section serve for a term not to exceed two years.
Sec. 08.36.040. Meetings.
The board shall meet at the call of the president at least four times annually and at other times necessary to conduct its business. In the absence of a call of the president, a majority of the board may call a meeting.
Sec. 08.36.050. Quorum.
A majority of the board constitutes a quorum for the transaction of business.
Sec. 08.36.060. Expenses and salary. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.36.061. Reimbursement for expenses.
Board members are entitled to per diem and travel expenses authorized for boards and commissions under
AS 39.20.180. The department shall reimburse a member for other actual, reasonable expenses incurred in carrying out duties as a board member.
Sec. 08.36.070. General powers.
(a) The board shall
(1) provide for the examination of applicants and the credentialing, registration, and licensure of those applicants it finds qualified;
(2) maintain a registry of licensed dentists, licensed dental hygienists, and registered dental assistants who are in good standing;
(3) affiliate with the American Association of Dental Boards and pay annual dues to the association;
(4) hold hearings and order the disciplinary sanction of a person who violates this chapter,
AS 08.32, or a regulation of the board;
(5) supply forms for applications, licenses, permits, certificates, registration documents, and other papers and records;
(6) enforce the provisions of this chapter and
AS 08.32 and adopt or amend the regulations necessary to make the provisions of this chapter and
AS 08.32 effective;
(7) adopt regulations ensuring that renewal of a license, registration, or certificate under this chapter or a license, certificate, or endorsement under
AS 08.32 is contingent on proof of continued professional competence; the regulations must require that a licensee receive not less than two hours of education in pain management and opioid use and addiction in the two years preceding an application for renewal of a license, unless the licensee has demonstrated to the satisfaction of the board that the licensee does not currently hold a valid federal Drug Enforcement Administration registration number;
(8) at least annually, cause to be published on the Internet and in a newspaper of general circulation in each major city in the state a summary of disciplinary actions the board has taken during the preceding calendar year;
(9) issue permits or certificates to licensed dentists, licensed dental hygienists, and dental assistants who meet standards determined by the board for specific procedures that require specific education and training;
(10) require that a licensed dentist who has a federal Drug Enforcement Administration registration number register with the controlled substance prescription database under
AS 17.30.200(n).
(b) The board may
(1) order a licensed dentist or licensed dental hygienist to submit to a reasonable physical or mental examination if the dentist's or the dental hygienist's physical or mental capacity to practice safely is at issue;
(2) authorize a designee of the board or the board's investigator to inspect the practice facilities or patient or professional records of a dentist at reasonable times and in a reasonable manner to monitor compliance with this chapter and with
AS 08.32; and
(3) delegate the board's powers to act, hear, and decide matters as authorized by
AS 44.62 (Administrative Procedure Act).
Sec. 08.36.073. Investigator.
After consulting with the board, the department shall employ a person who is not a member of the board as the investigator for the board. The investigator shall
(1) conduct investigations into alleged violations of this chapter and into alleged violations of regulations and orders of the board;
(2) at the request of the board, conduct investigations based on complaints filed with the department or with the board; and
(3) be directly responsible and accountable to the board, except that only the department has authority to terminate the investigator's employment and the department shall provide day-to-day and administrative supervision of the investigator.
Sec. 08.36.075. Dental radiological equipment.
Sec. 08.36.080. Applicability of Administrative Procedure Act.
The board shall comply with
AS 44.62 (Administrative Procedure Act).
Sec. 08.36.090. Records and reports. [Repealed, § 3 ch 59 SLA 1966.]
Sec. 08.36.091. Records and reports.
The board shall maintain
(1) a record of its proceedings;
(2) a registry containing the name, office and home addresses, and other information considered necessary by the board of each person licensed as a dentist or dental hygienist or registered as a dental assistant, a registry of the licenses, certificates, registrations, and endorsements revoked by the board, and information on the status of each licensee and each registered dental assistant.
Article 2. Examination and Licensing.
Sec. 08.36.100. License required.
Except as provided in
AS 08.36.238 and 08.36.254, a person may not practice, or attempt to practice, dentistry without a license.
Sec. 08.36.110. Qualifications for license; interview.
(a) An applicant for a license to practice dentistry shall
(1) provide certification to the board that the applicant
(A) is a graduate of a dental school that, at the time of graduation, is approved by the board;
(B) has successfully passed a written examination approved by the board;
(C) has not had a license to practice dentistry revoked, suspended, or voluntarily surrendered in this state or another state;
(D) is not the subject of an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding within the five years immediately preceding application, or of an unresolved complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction;
(E) is not the subject of an unresolved or an adverse decision based on a complaint, investigation, review procedure, or other disciplinary proceeding, undertaken by a state, territorial, local, or federal dental licensing jurisdiction or law enforcement agency that relates to criminal or fraudulent activity, dental malpractice, or negligent dental care and that adversely reflects on the applicant's ability or competence to practice dentistry or on the safety or well-being of patients;
(F) is not the subject of an adverse report from the National Practitioner Data Bank or the American Association of Dental Boards Clearinghouse for Board Actions that relates to criminal or fraudulent activity, or dental malpractice;
(G) is not impaired to an extent that affects the applicant's ability to practice dentistry;
(H) has not been convicted of a crime that adversely reflects on the applicant's ability or competency to practice dentistry or that jeopardizes the safety or well-being of a patient;
(2) pass, to the satisfaction of the board, written, clinical, and other examinations administered or approved by the board; and
(3) meet the other qualifications for a license established by the board by regulation, including education in pain management and opioid use and addiction in the two years preceding the application for a license, unless the applicant has demonstrated to the satisfaction of the board that the applicant does not currently hold a valid federal Drug Enforcement Administration registration number; approved education may include dental school coursework.
(b) An applicant for licensure may be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.
Sec. 08.36.114. Qualifications for acupuncture applicants. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.115. Malpractice insurance. [Repealed, § 40 ch 177 SLA 1978.]
Secs. 08.36.120 , 08.36.130. Signing, photograph, and filing date of application; Examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.140. Out-of-state examination. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.150. Examination in out-of-state dental schools. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.160. Contents of examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.170. Partial examination. [Repealed, § 40 ch 100 SLA 1984.]
Secs. 08.36.180 , 08.36.190. Reexamination; Grading of examination. [Repealed, § 8 ch 47 SLA 2005.]
Sec. 08.36.200. Waiver of written examination. [Repealed, § 40 ch 100 SLA 1984.]
Secs. 08.36.210 — 08.36.220. Waiver of examination and issuance of license by reciprocity. [Repealed, § 32 ch 49 SLA 1980. For current law, see AS 08.36.234.]
Sec. 08.36.230. Practice outside the state. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.234. Licensure by credentials.
(a) The board may waive the examination requirement and license by credentials if the dentist applicant meets the requirements of
AS 08.36.110, submits proof of continued competence as required by regulation, pays the required fee, and has
(1) an active license from a board of dental examiners established under the laws of a state or territory of the United States issued after thorough examination; or
(2) passed an examination as specified by the board in regulations.
(b) A dentist applying for licensure without examination is responsible for providing to the board all materials required by the board to implement this section to establish eligibility for a license without examination. In addition to the grounds for revocation of a license under
AS 08.36.315, the board may revoke a license issued without examination upon evidence of misinformation or substantial omission.
(c) The board shall adopt regulations necessary to implement this section, including the form and manner of certification of qualifications under this section.
(d) A dentist applying for licensure without examination shall be interviewed in person by the board or by a member of the board before a license is issued. The interview must be recorded. If the application is denied on the basis of the interview, the denial shall be stated in writing, with the reasons for it, and the record shall be preserved.
Sec. 08.36.238. Exemption from license requirement.
(a) A person enrolled as a student in an accredited school of dentistry may perform procedures as part of a course of study without a license if
(1) the procedures are performed under the direct supervision of a member of the faculty who is licensed under this chapter, or under the direct supervision of a team of licensed faculty dentists, at least one of whom is licensed under this chapter; and
(2) the clinical program has received written approval from the board.
(b) A person practicing dentistry under (a) of this section is subject to all other provisions of this chapter and to other laws and regulations that apply to the practice of dentistry.
Sec. 08.36.240. Issuance and display of license.
The board shall issue a license to each successful dentist applicant who has paid the required fees. The licensee shall display the license in a conspicuous place where the licensee practices.
Sec. 08.36.242. License to practice as specialist required.
A licensed dentist may not represent to the public to be qualified in a specialized branch of dentistry through any means of public advertising using the term “specialist,” the name of a specialty, or a phrase that would suggest to the public that the dentist is a qualified specialist in a branch of dentistry unless the dentist has a specialist license in that branch as provided in this chapter.
Sec. 08.36.243. Qualification for specialist license; scope of practice.
(a) An applicant for a specialist license must
(1) hold a license issued by the board in accordance with
AS 08.36.110 or 08.36.234; and
(2) meet additional qualifications for a specialist license in a specified branch of dentistry as established by the board by regulation.
(b) In determining the qualifications for a specialist license in a specified branch of dentistry under (a) of this section, the board shall consider the qualifications necessary to obtain specialty certification by a nationally recognized certifying entity approved by the board.
(c) The practice of a dentist who obtains a specialist license under (a) of this section is limited to the branch of dentistry in which the dentist holds a specialist license.
Sec. 08.36.244. License to practice as specialist required. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.245. Suspension or revocation of specialist license.
The board may suspend or revoke a specialist license on grounds and according to the procedures set out in
AS 08.36.315.
Secs. 08.36.246 — 08.36.248. Qualification for a specialist license; limitation of special practice; suspension or revocation of specialty licenses. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.250. License renewal, lapse, and reinstatement.
(a) At least 60 days before expiration of a license issued under this chapter, the department shall notify the licensed dentist. A licensee who wishes to renew a license shall submit a completed license renewal form, the appropriate fee, and evidence of continued professional competence as required by the board. The department shall, as soon as practicable, issue a new license valid for a stated number of years. Failure to receive notification from the department under this subsection does not exempt a licensee from renewing a license to practice dentistry under this chapter.
(b) When applying for license renewal, a dentist shall report to the board each instance during the prior registration period in which the quality of the licensee's professional services was the subject of legal action.
(c) A licensed dentist who does not pay the license renewal fee forfeits the dentist's license. The board may reinstate the license without examination within two years after the date on which payment was due upon written application, proof of continued professional competence, and payment of all unpaid renewal fees and any penalty fee established under
AS 08.01.100(b).
Sec. 08.36.254. Temporary permit to substitute for an incapacitated dentist.
(a) The board may issue a temporary permit to practice dentistry to a dentist for the purpose of substituting for an incapacitated dentist licensed in this state.
(b) A dentist applying for a temporary permit under (a) of this section shall
(1) hold an active license from a board of dental examiners established under the laws of a state or territory of the United States issued after thorough examination;
(2) pay the required fee; and
(3) meet other qualifications for a temporary permit established by regulation.
(c) A temporary permit issued under this section is valid only to treat patients of the incapacitated dentist at an address listed on the business license of the incapacitated dentist.
(d) The fee for a permit issued under this section is one-fourth of the fee for a biennial license plus the appropriate application fee.
(e) The board may not issue a temporary permit under this section if another dentist licensed under this chapter may reasonably substitute for the incapacitated dentist.
(f) A temporary permit issued under this section is initially valid for 90 consecutive calendar days. Upon request of a permittee, the board shall extend a permit issued under this section for 60 calendar days if, before the expiration of the initial 90-day permit, the permittee submits to the board a completed application form and the fee required under this chapter, except that the board may refuse to grant a request for an extension for the same reasons the board may revoke a license under
AS 08.36.315. Permits and extensions of permits issued to a permittee under this section are not valid for more than 240 calendar days during any consecutive 24 months.
(g) The board may extend a permit issued under this section for a period that exceeds the limit established in (f) of this section if the board determines that the extension is necessary to provide essential dental services and the board has received a clearance report from the
(1) National Practitioner Data Bank; and
(2) United States Drug Enforcement Administration.
(h) In this section, “incapacitated” means impaired by a health condition that renders a dentist unable to practice dentistry for more than 30 days.
Sec. 08.36.260. Branch office registration. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.270. Permits for isolated areas. [Repealed, § 3 ch 26 SLA 1965; § 5 ch 93 SLA 1965.]
Sec. 08.36.271. Permits for isolated areas. [Repealed, § 40 ch 53 SLA 2012.]
Sec. 08.36.280. Temporary permit. [Repealed, § 40 ch 100 SLA 1984.]
Sec. 08.36.285. Licensing a permittee. [Repealed, § 10 ch 121 SLA 1972.]
Sec. 08.36.290. Fees. [Repealed, § 40 ch 53 SLA 2012.]
Article 3. Unlawful Acts.
Sec. 08.36.310. Grounds for revocation of license. [Repealed, § 32 ch 49 SLA 1980.]
Sec. 08.36.315. Grounds for discipline, suspension, or revocation of license.
The board may revoke or suspend the license of a dentist, or may reprimand, censure, or discipline a dentist, or both, if the board finds, after a hearing, that the dentist
(1) used or knowingly cooperated in deceit, fraud, or intentional misrepresentation to obtain a license;
(2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing or billing for professional dental services or engaging in professional activities;
(3) advertised professional dental services in a false or misleading manner;
(4) received compensation for referring a person to another dentist or dental practice;
(5) has been convicted of a felony or other crime that affects the dentist's ability to continue to practice dentistry competently and safely;
(6) engaged in the performance of patient care, or permitted the performance of patient care by persons under the dentist's supervision, regardless of whether actual injury to the patient occurred,
(A) that did not conform to minimum professional standards of dentistry; or
(B) when the dentist, or a person under the supervision of the dentist, did not have the permit, registration, or certificate required under
AS 08.32 or this chapter;
(7) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the board;
(8) continued to practice after becoming unfit due to
(A) professional incompetence;
(B) addiction or dependence on alcohol or other drugs that impair the dentist's ability to practice safely;
(C) physical or mental disability;
(9) engaged in lewd or immoral conduct in connection with the delivery of professional service to patients;
(10) permitted a dental hygienist or dental assistant who is employed by the dentist or working under the dentist's supervision to perform a dental procedure in violation of
AS 08.32.110 or
AS 08.36.346;
(11) failed to report to the board a death that occurred on the premises used for the practice of dentistry within 48 hours;
(12) falsified or destroyed patient or facility records or failed to maintain a patient or facility record for at least seven years after the date the record was created;
(13) prescribed or dispensed an opioid in excess of the maximum dosage authorized under
AS 08.36.355; or
(14) procured, sold, prescribed, or dispensed drugs in violation of a law, regardless of whether there has been a criminal action or harm to the patient.
Sec. 08.36.317. Civil fine authority.
Notwithstanding
AS 08.01.075(a), in a disciplinary action, the board may impose a civil fine not to exceed $25,000 for each violation of this chapter or of a regulation adopted under this chapter.
Sec. 08.36.320. Summary license suspension.
(a) [Repealed, § 49 ch 94 SLA 1987.]
(b) [Repealed, § 49 ch 94 SLA 1987.]
(c) The board may summarily suspend the license of a licensee who refuses to submit to a physical or mental examination under
AS 08.36.070(b)(1). A person whose license is suspended under this section is entitled to a hearing conducted by the office of administrative hearings (
AS 44.64.010) within seven days after the effective date of the order. If, after a hearing, the board upholds the suspension, the licensee may appeal the suspension to a court of competent jurisdiction.
(d) [Repealed, § 49 ch 94 SLA 1987.]
(e) [Repealed, § 49 ch 94 SLA 1987.]
Secs. 08.36.325 — 08.36.330. Discipline, suspension or revocation of license of dentists. [Repealed, § 32 ch 49 SLA 1980.]
Sec. 08.36.340. Penalties.
A person who violates any provision of this chapter or regulations adopted under this chapter for which no specific penalty is provided is guilty of a class B misdemeanor.
Article 4. Dental Assistants.
Sec. 08.36.342. Coronal polishing certificate.
(a) The board shall issue a coronal polishing certificate to a dental assistant if the dental assistant furnishes evidence satisfactory to the board that the dental assistant has completed a program of instruction approved by the board.
(b) A certificate issued under (a) of this section authorizes a dental assistant under the direct supervision of a dentist licensed in the state to perform coronal polishing on teeth without calculus.
(c) The board may by regulation establish fees, renewal, and continuing education requirements for a certificate issued under this section.
Sec. 08.36.344. Restorative function certificate.
(a) The board shall issue a restorative function certificate to a dental assistant if the dental assistant furnishes evidence satisfactory to the board that the dental assistant has
(1) successfully completed a course offered by or under the auspices of a program accredited by the Commission on Dental Accreditation of the American Dental Association or other equivalent course or program approved by the board; and
(2) passed the Western Regional Examining Board's restorative examination or other equivalent examination approved by the board within the five years preceding the dental assistant's certificate application, or the dental assistant has legal authorization from another state or jurisdiction to perform restorative functions.
(b) A certificate issued under this section authorizes a dental assistant under the direct supervision of a licensed dentist to place restorations into a cavity prepared by the licensed dentist and thereafter carve, contour, and adjust contacts and occlusion of the restoration.
(c) The board may by regulation establish fees, renewal, and continuing education requirements for a certificate under this section.
Sec. 08.36.346. Delegation to dental assistants.
(a) Except as otherwise provided in this chapter, a dentist licensed in this state may delegate to a dental assistant under indirect supervision
(1) the exposure and development of radiographs;
(2) application of topical preventive agents or pit and fissure sealants; and
(3) other dental operations and services except
(A) those that may be performed by a dental hygienist under
AS 08.32.110(a); and
(B) those that may not be delegated to a dental hygienist under
AS 08.32.110(c).
(b) A dentist licensed in this state may delegate to a dental assistant under direct supervision
(1) coronal polishing on teeth without calculus, if the dental assistant is certified under
AS 08.36.342;
(2) the placement of a restoration into a cavity prepared by a dentist licensed under this chapter and the subsequent carving, contouring, and adjustment of the contacts and occlusion of the restoration, if the dental assistant is certified under
AS 08.36.344; and
(3) other dental operations and services as defined and regulated by the board; however, a dentist may not delegate to a dental assistant a dental operation or service that requires the professional skill of a licensed dentist or licensed dental hygienist, including those dental operations and services specified in
AS 08.32.110(c).
(c) A dental hygienist holding an advanced practice permit issued under
AS 08.32.125 may delegate to a dental assistant, under a level of supervision specified by the board in regulations,
(1) the exposure and development of radiographs;
(2) application of topical preventive agents or pit and fissure sealants;
(3) other tasks specified by the board in regulations.
Sec. 08.36.347. Exemption from registration requirement.
(a) A person enrolled in a program or course of study may perform dental assisting procedures as part of that program or course of study without a registration document if the procedures are performed
(1) under the direct supervision of a member of the faculty who is licensed under this chapter or
AS 08.32; and
(2) as part of a clinical program that has received written approval from the board.
(b) A person performing dental assisting procedures under (a) of this section is subject to all other provisions of this chapter and statutes and regulations that apply to the practice of dental assisting by a registered dental assistant.
Sec. 08.36.349. Definitions.
In
AS 08.36.342 — 08.36.349,
(1) “direct supervision” means a dentist licensed in this state is in the dental office, personally diagnoses the condition to be treated, personally authorizes the procedure, and, before dismissal of the patient, evaluates the performance of the dental assistant;
(2) “indirect supervision” means a dentist licensed in this state is in the dental office, authorizes the procedures, and remains in the dental office while the procedures are being performed by the dental assistant.
Article 5. General Provisions.
Sec. 08.36.350. Application of chapter.
(a) This chapter applies to a person who practices, or offers or attempts to practice, dentistry in the state except
(1) a dental surgeon or dentist in the military service in the discharge of official duties;
(2) a dentist in the employ of the United States Public Health Service, United States Department of Veterans Affairs, United States Indian Health Service, or other agency of the federal government, in the discharge of official duties;
(3) a dentist licensed in another state who is teaching or demonstrating clinical techniques at a meeting, seminar, or limited course of instruction sponsored by a dental or dental auxiliary society or association or by an accredited dental or dental auxiliary educational institution;
(4) a dentist licensed in another state who provides emergency care to an injured or ill person who reasonably appears to the dentist to be in immediate need of emergency aid in order to avoid serious harm or death if the care is provided without remuneration;
(5) a dentist employed in the state by an Indian health program, as that term is defined in 25 U.S.C. 1603, while providing dental services to a person the Indian health program is entitled to serve under 25 U.S.C. 450 et seq. (Indian Self-Determination and Education Assistance Act), as amended, and 25 U.S.C. 1601 et seq. (Indian Health Care Improvement Act), as amended.
(b) A person excepted from this chapter under (a) of this section shall be held to the same standard of care as a person covered by this chapter.
Sec. 08.36.355. Maximum dosage for opioid prescriptions.
(a) A licensee may not issue
(1) an initial prescription for an opioid that exceeds a seven-day supply to an adult patient for outpatient use;
(2) a prescription for an opioid that exceeds a seven-day supply to a minor; at the time a licensee writes a prescription for an opioid for a minor, the licensee shall discuss with the parent or guardian of the minor why the prescription is necessary and the risks associated with opioid use.
(b) Notwithstanding (a) of this section, a licensee may issue a prescription for an opioid that exceeds a seven-day supply to an adult or minor patient if, in the professional judgment of the licensee, more than a seven-day supply of an opioid is necessary for
(1) the patient's chronic pain management; the licensee may write a prescription for an opioid for the quantity needed to treat the patient's medical condition or chronic pain; the licensee shall document in the patient's medical record the condition triggering the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; or
(2) a patient who is unable to access a practitioner within the time necessary for a refill of the seven-day supply because of a logistical or travel barrier; the licensee may write a prescription for an opioid for the quantity needed to treat the patient for the time that the patient is unable to access a practitioner; the licensee shall document in the patient's medical record the reason for the prescription of an opioid in a quantity that exceeds a seven-day supply and indicate that a nonopioid alternative was not appropriate to address the medical condition; in this paragraph, “practitioner” has the meaning given in
AS 11.71.900.
(c) In this section,
(1) “adult” means
(A) an individual who has reached 18 years of age; or
(B) an emancipated minor;
(2) “emancipated minor” means a minor whose disabilities have been removed for general purposes under
AS 09.55.590;
(3) “minor” means an individual under 18 years of age who is not an emancipated minor.
Sec. 08.36.360. Practice of dentistry defined.
A person engages in the practice of dentistry who
(1) performs or holds out to the public as being able to perform dental operations;
(2) diagnoses, treats, operates on, corrects, attempts to correct, or prescribes for a disease, lesion, pain, injury, deficiency, deformity, or physical condition, malocclusion or malposition of the human teeth, alveolar process, gingiva, maxilla, mandible, or adjacent tissues;
(3) performs or attempts to perform an operation incident to the replacement of teeth;
(4) furnishes, supplies, constructs, reproduces, or repairs dentures, bridges, appliances or other structures to be used and worn as substitutes for natural teeth, except on prescription of a duly licensed and registered dentist and by the use of impressions or casts made by a duly licensed and registered dentist;
(5) uses the words “dentist” or “dental surgeon” or the letters “D.D.S.” or “D.M.D.” or other letter or title that represents the dentist as engaging in the practice of dentistry;
(6) extracts or attempts to extract human teeth;
(7) exercises control over professional dental matters or the operation of dental equipment in a facility where the acts and things described in this section are performed or done;
(8) evaluates, diagnoses, treats, or performs preventive procedures related to diseases, disorders, or conditions of the oral cavity, maxillofacial area, or adjacent and associated structures; a dentist whose practice includes the services described in this paragraph may only perform the services if they are within the scope of the dentist's education, training, and experience and in accord with the generally recognized ethical precepts of the dental profession; nothing in this paragraph requires a person licensed under
AS 08.64 to be licensed under this chapter.
Sec. 08.36.365. Rights of dentists.
A dentist licensed in this state may
(1) practice in an association, partnership, corporation, or other lawful entity with other dentists, including specialists;
(2) practice under the name of “dental center” or other descriptive term that does not deceive the public about the nature of the services provided;
(3) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research does not involve treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency;
(4) supervise research that would otherwise violate this chapter or regulations adopted under this chapter when the research involves the treatment of dental patients if the research is performed by a nonprofit dental research institution chartered by this state or by a dental or dental auxiliary school accredited by the Commission on Accreditation of the American Dental Association, or its successor agency, and if the dentist notifies the board in writing, at least 60 days before beginning the treatment, of the intended practices or procedures and the board does not disapprove the research.
Sec. 08.36.367. Ownership of a dental office or facility.
(a) Only a person who holds a valid license issued under this chapter may own, operate, or maintain a dental practice, office, or clinic. This restriction does not apply to
(1) a labor organization or a nonprofit organization formed by or on behalf of a labor organization for the purpose of providing dental services to rural or underserved populations;
(2) an institution of higher education recognized by the board;
(3) a local government;
(4) an institution or program accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training;
(5) a nonprofit corporation organized under state law to provide dental services to rural areas and medically underserved populations of migrant, rural community, or homeless individuals under 42 U.S.C. 254b or 254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other applicable state and federal law;
(6) a nonprofit charitable corporation described in 26 U.S.C. 501(c)(3) (Internal Revenue Code) and determined by the board to be providing dental services by volunteer licensed dentists to populations with limited access to dental care at no charge or a substantially reduced charge.
(b) For the purpose of owning or operating a dental practice, office, or clinic, an entity described in (a) of this section shall
(1) name a licensed dentist as its dental director, who shall be subject to the provisions of
AS 08.36.315 and 08.36.317 in the capacity of dental director; the dental director, or an actively licensed dentist designated by the director, shall have responsibility for the entity's practice of dentistry; and
(2) maintain current records of the names of licensed dentists who supervise dental hygienists, dental assistants, and other personnel involved in direct patient care who are employed by the entity; the records must be available to the board upon written request.
(c) Nothing in this chapter precludes a person or entity not licensed by the board from
(1) ownership or leasehold of any tangible or intangible assets used in a dental office or clinic, including real property, furnishings, equipment, and inventory, but not including dental records of patients related to clinical care;
(2) employing or contracting for the services of personnel other than licensed dentists; or
(3) management of the business aspects of a dental office or clinic that do not include the practice of dentistry.
(d) If all of the ownership interests of a dentist or dentists in a dental office or clinic are held by an administrator, executor, personal representative, guardian, conservator, or receiver of the estate of a former shareholder, member, or partner, the administrator, executor, personal representative, guardian, conservator, or receiver may retain the ownership interest for a period of 24 months following the creation of the ownership interest. The board shall extend the ownership period for an additional 24 months upon 30 days' notice and may grant additional extensions upon reasonable request.
(e) In this section, “labor organization” means an organization, not for pecuniary profit, constituted wholly or partly to bargain collectively or deal with employers, including the state and its political subdivisions, concerning grievances, terms or conditions of employment, or other mutual aid or protection in connection with employees that has existed for at least three years and that has a constitution and bylaws.
Sec. 08.36.370. Definitions for chapter.
In this chapter, unless the context requires otherwise,
(1) “board” means the Board of Dental Examiners;
(2) “calculus” means a hardened deposit of mineralized plaque;
(3) “coronal polishing” means the removal of supragingival plaque and stains;
(4) “dental assistant” means a person employed to provide clinical assistance to a dentist licensed in the state;
(5) “department” means the Department of Commerce, Community, and Economic Development;
(6) “impaired practitioner” means a person who is unfit to practice dentistry due to addiction or dependence on alcohol or other drugs that impair the practitioner's ability to practice safely;
(7) “licensed dental hygienist” means a dental hygienist licensed under
AS 08.32;
(8) “licensed dentist” means a dentist licensed under this chapter;
(9) “opioid” includes the opium and opiate substances and opium and opiate derivatives listed in
AS 11.71.140 and 11.71.160;
(10) “registered dental assistant” means a dental assistant registered under this chapter.