Authority: IC 25-13-1-5; IC 25-14-1-13

Affected: IC 25-13-1-10; IC 25-14-1-19.1

Sec. 13. (a) The board may determine dental hygiene competency on a case by case basis using comparable or equal standards as used in determining qualifications for initial licensure.

(b) "Dental hygiene incompetency or improper conduct of dental hygienists" includes, but is not limited to, any one (1) or any combination of the following acts:

1. (1) Practicing while under the influence of alcohol or other drugs that impair skill or judgment.
2. (2) Practicing with a physical disability, mental disability, disease, or disorder that impairs skill or judgment.
3. (3) Practicing while knowingly afflicted with a serious disease that could be transmitted to the patient.
4. (4) Repeatedly performing a treatment or procedure that is beyond the skill or knowledge of the practitioner with the results being detrimental to the patient.
5. (5) Repeatedly performing a treatment or procedure that violates acceptable standards of practice and results in failure or is detrimental to the patient.
6. (6) Engaging in conduct constituting gross negligence or repeatedly failing to meet standards of performance in treatment as measured against generally prevailing peer performance.
7. (7) Practicing or offering to practice beyond the scope permitted by law.
8. (8) Administering local dental anesthetics without first being issued a dental hygiene anesthetic permit from the board.
9. (9) Providing patient care without the required direct or prescriptive supervision of a licensed dentist as required by IC 25-13-1- 10.

(c) The Indiana state board of dental examiners may order a dental hygienist to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is at issue in a disciplinary proceeding. The choice of the practitioner to administer the examination is subject to approval by the board.

(d) As a condition of reinstatement of a suspended or revoked license, the board may, at its discretion, require the applicant for reinstatement to submit to all or part of the examination for initial licensure or to a similar examination.

(State Board of Dentistry; 828 IAC 1-2-13; filed Apr 25, 1983, 8:52 a.m.: 6 IR 1086; errata, 7 IR 700; readopted filed Apr 11, 2001, 3:21 p.m.: 24 IR 2896; readopted filed Oct 4, 2007, 3:36 p.m.: 20071031-IR-828070047RFA; filed Dec 3, 2010, 11:14 a.m.: 20101229-IR- 828100237FRA; readopted filed Nov 9, 2012, 11:21 a.m.: 20121205-IR-828120384RFA; readopted filed Nov 29, 2018, 10:35 a.m.: 20181226-IR-828180401RFA; readopted filed Jun 24, 2024, 3:43 p.m.: 20240724-IR-828230816RFA)