Dental Examiners, Board of

Dental Examiners, Board of

Chapter 1: General Provisions

Effective Date: 04/07/2015 to 09/26/2017

Rule Type: Superceded Rules & Regulations

Reference Number: 034.0001.1.04072015

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These Board Rules are adopted to implement the Board's authority under the Act and the WAPA as it relates to the licensure and discipline of dentists and dental hygienist and regulation of the practice of dentistry and dental hygiene in Wyoming.

Section 2. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to establish administrative procedures.

Section 3. Definitions.

1. (a) 'Act' means the Wyoming Dental Practice Act, W.S. 33-15-101 through -133.
2. (b) 'ADA' means American Dental Association.
3. (c) 'ADHA' means American Dental Hygiene Association.
4. (d) 'Advertising' means a communication to the public about a dentist or services offered by a dentist.
5. (e) 'ARC' means Application Review Committee.
6. (f) 'BLS' means basic life support for healthcare providers.
7. (g) 'Board Rules' means the administrative rules and regulations promulgated by the Board.
8. (h) 'CDCA' means Commission on Dental Competency Assessments (formerly North East Regional Board).
9. (j) 'CITA' means Council of Interstate Testing Agencies.
10. (k) 'CODA' means Commission on Dental Accreditation.
11. (l) 'CPR' means Cardiopulmonary Resuscitation.
12. (m) 'CRDTS' means Central Regional Dental Testing Service.
13. (n) 'DC' means Disciplinary Committee.
14. (o) 'Dentist-Patient Relationship' means a formal inferred relationship between the dentist and a patient of record, which is established once the dentist assumes or undertakes the dental care or treatment of a patient in the state where the patient resides. A dentist-patient relationship is assumed to have been created after there is a physical examination of a patient (e.g., when a patient is seen in a dentist's office), but is not assumed in others (e.g., when a dentist performs a physical examination as a health screening procedure at a health fair event).

(p) “EKG” means Electrocardiogram. (q) “Hands on” means involving or offering active participation rather than theory.] (r) “NBDE” means National Board Dental Examination. (s) “NBDHE” means National Board Dental Hygiene Examination. (t) “PBIS” means Professional Background Information Service. (u) “SRTA” means Southern Regional Testing Agency. (v) “Supervision” of dental auxiliary means the act of overseeing or directing duties performed by a dental auxiliary. Types of supervision may include:

(i) “General Supervision” of a dental auxiliary means that a dentist has diagnosed and authorized the procedures which are being carried out; however, a dentist need not be present when the authorized procedures are being performed;

(ii) “Direct Supervision” of a dental auxiliary means that a dentist is physically present in the dental office, a dentist has diagnosed the condition to be treated, a dentist has authorized the procedure to be performed, and before dismissal of the patient, a dentist has approved the work performed by the auxiliary; or

(iii) “Indirect Supervision” of a dental auxiliary means that a dentist is physically present in the dental office, a dentist has diagnosed the condition to be treated, and a dentist has authorized the procedure to be performed.

(w) “WAPA” means Wyoming Administrative Procedure Act, W.S. 16-3-101 through -115.

(x) “WREB” means Western Regional Examining Board.

Section 4. Board Office. The Board Office shall be located at 2001 Capitol Avenue, Cheyenne, Wyoming.

Section 5. Board Meetings.

(a) The Board shall meet the first Friday in June at the Board Office at 8:00 a.m.

(b) The Board shall meet as necessary at the time and place designated by the Board president or the Board.

Section 6. Reference by Incorporation.

(a) For any rule or code incorporated by reference in these Board Rules:

(i) The Board has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section; and

(iii) The incorporated rule is maintained at Board Office and is available for public inspection and copying at cost at the same location.

(b) Each rule and code incorporated by reference is further identified as follows:

(i) Principles of Ethics and Code of Professional Conduct, adopted by the ADA and revised April 2012, found at: http://www.ada.org/~media/ADA/About%20the%20ADA/Files/code_of_ethics_2012.ashx.

(ii) Code of Ethics for Dental Hygienists, adopted by ADHA and effective on June 23, 2014, found at: http://www.adha.org/resources-docs/7611_Bylaws_and_Code_of_Ethics.pdf.

(iii) Dental Assisting National Board’s Code of Professional Conduct, adopted by Dental Assisting National Board and revised December 2012, found at: http://www.danb.org/The-Dental-Community/Professional-Standards.aspx.

(iv) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on October 17, 2014, found at: http://soswy.state.wy.us/Rules/RULES/9644.pdf.

Section 7. Public Records Inspection.

(a) If a member of public requests an electronic or hard copy of public records, then that individual shall pay a fee. Such fee shall include cost of administrative time and producing a copy of the public record.

(b) Public records inspection shall take place under the following conditions:

(i) An appointment shall be made to review the records between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, excluding state holidays, at the Board Office,

(ii) Records inspection shall take place in the presence of Board staff, and

(iii) A member of the public may request copies upon payment of a fee.

Section 8. Change of Name, Address, or Telephone Number.

Each applicant and licensee shall notify the Board in writing of any change to their legal name, home address, business address, e-mail address, or telephone number within thirty (30) days of the change.