Any person shall be regarded as practicing dentistry within the meaning of this section:

1. (1) Who publicly professes to be a dentist or dental surgeon or who uses or permits to be used for himself or herself or for any other person, the title of “Doctor”, “Dr.”, “Doctor of Dental Surgery”, “Doctor of Dental Medicine”, or any other letters, titles, terms, or descriptive matter that directly or indirectly represents him or her as being able to diagnose, treat, remove stains or concretions from teeth, or provide surgical and adjunctive treatment for any disease, pain, injury, deficiency, deformity, or physical condition of the human:

   1. (A) Teeth;
   2. (B) Oral cavity;
   3. (C) Alveolar process;
   4. (D) Gums;
   5. (E) Jaws; or
   6. (F) Directly related and adjacent masticatory structures;

2. (2) Who shall:

   1. (A) Offer or undertake by any means or method whatsoever to:

      1. (i) Clean teeth; or
      2. (ii) Remove stains, concretions, or deposits from teeth in the human mouth; or

   2. (B) Undertake or offer to diagnose, treat, operate, or prescribe by any means or methods for any disease, pain, injury, deficiency, deformity, or physical condition of the human:

      1. (i) Teeth;
      2. (ii) Oral cavity;
      3. (iii) Alveolar process;
      4. (iv) Gums; or
      5. (v) Jaws;

3. (3) Who shall offer to undertake in any manner to prescribe to make, or cause to be made, an impression of any portion of the human mouth, teeth, gums, or jaws for the purpose of:

   1. (A) Diagnosing, prescribing, treating, or aiding in diagnosing, prescribing, or treating any physical condition of the human mouth, teeth, gums, or jaws; or

   2. (B) Constructing or aiding in the construction of any:

      1. (i) Dental appliance;
      2. (ii) Denture;
      3. (iii) Dental bridge;
      4. (iv) False teeth;
      5. (v) Dental plate or plates of false teeth; or
      6. (vi) Other substitute for human teeth;

4. (4) Any person, firm, group, association, or corporation who shall:

   1. (A) Offer or undertake to fit, adjust, repair, or substitute in the human mouth or directly related and adjacent masticatory structures any:

      1. (i) Dental appliance;
      2. (ii) Structure;
      3. (iii) Prosthesis; or
      4. (iv) Denture; or

   2. (B) Aid or cause to be fitted, adjusted, repaired, or substituted in the human mouth or directly related and adjacent masticatory structures any:

      1. (i) Dental appliance;
      2. (ii) Structure;
      3. (iii) Prosthesis; or
      4. (iv) Denture;
5. (5) Who makes, fabricates, processes, constructs, produces, reproduces, duplicates, repairs, relines, or fixes any full or partial denture, any fixed teeth, any artificial dental restoration, or any substitute or corrective device or appliance for the human teeth, gums, jaws, mouth, alveolar process, or any part thereof for another, or who in any manner offers, undertakes, aids, abets, or causes another person to do so for another without written prescription or work order therefore signed by the dentist legally engaged in the practice of dentistry in this state or in the jurisdiction where such dentist maintains his or her dental office and who prescribed and ordered same; or

6. (6)

   1. (A) Who dispenses legend drugs.

   2. (B) Dentists who choose to dispense legend drugs directly to their patients are subject to the following definitions and requirements:

      1. (i) A “dispensing dentist” is a dentist licensed under Arkansas Code § 17-82-301 et seq., who purchases legend drugs to treat diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body, but not for the purpose of treating diseases, disorders, and conditions unrelated to the oral cavity, maxillofacial area, and the adjacent and associated structures, to be dispensed to his or her patients for the patients’ personal use and administration outside the dentist’s office;

      2. (ii) The dispensing dentist shall:

         1. (a) (a) Personally prepare and dispense legend drugs, and all the preparation and dispensing of such drugs may not be delegated;
         2. (b)
7. (1) (b)(1) Keep records of all receipts and distributions of legend drugs.

8. (2) (2) The records shall be:

   1. (A) (A) Subject to inspection by proper enforcement authority; and

   2. (B) (B) Readily accessible and maintained in a central registry;

      1. (c) (c) Affix to the container a label showing:
9. (1) (1) The dentist’s name, address, and telephone number;
10. (2) (2) The date of the dispensing;
11. (3) (3) The serial number of the prescription;
12. (4) (4) The name of the patient;
13. (5) (5) The trade name of the medication, if any, or the generic name and identity of the manufacturer of the dispensed medication;
14. (6) (6) The strength per unit doses of the medication;
15. (7) (7) The quantity of the medication;
16. (8) (8) Directions for use; and

17. (9) (9) Any cautionary statements required by law; and

    1. (d) (d) The dispensing dentist shall counsel the patient in person (face to face) to improve therapeutic outcomes and prevent medication errors;

       1. (iii)

          1. (a) (a) Except for dispensing samples without charge, oral rinses or topical, and emergency or started dosages for use up to seventy-two (72) hours, no dentist licensed under Arkansas Code 17-82-301 et seq., shall dispense legend drugs without prior approval by the Arkansas State Board of Dental Examiners after application to the board and upon the showing of need.
          2. (b) (b) A dentist shall dispense only:
18. (1) (1) To his or her own patients; and

19. (2) (2) For conditions being treated by that dentist;

    1. (iv) Any dentist desiring to dispense legend drugs that are not exempted by subdivision (6)(B)(iii) of this section, from the requirement of prior approval of the board shall apply to the board on a form provided for that purpose and shall be required to demonstrate the need for such dispensing of legend drugs prior to receiving approval;

       1. (v) Violation of this part shall:

          1. (a) (a) Constitute professional misconduct; and
          2. (b) (b) Subject the violator to disciplinary action as provided in Arkansas Code §§ 17-82-316 and 17-82-317; and
       2. (vi) The board shall enforce the provisions of this part.