Dental Examiners, Board of

Dental Examiners, Board of

Chapter 1: General Provisions

Effective Date: 01/14/2022 to 05/29/2024

Rule Type: Superceded Rules & Regulations

Reference Number: 034.0001.1.01142022

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. These Board Rules are adopted to implement the Board's authority under Wyoming Statute 33-15-108(g) and 16-3-103(j) as it relates to the licensure and discipline of dentists and dental hygienists 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 Hygienists' 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) 'CE' means continuing education.
9. (i) 'CODA' means Commission on Dental Accreditation.
10. (j) 'DANB' means Dental Assisting National Board.
11. (k) 'DC' means Disciplinary Committee.
12. (l) '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).

13. (m) 'EKG' means Electrocardiogram.

14. (n) 'Hands on' means involving or offering active participation rather than theory.

15. (o) 'INBDE' means Integrated National Board Dental Examination.
16. (p) 'NBDHE' means National Board Dental Hygiene Examination.
17. (q) 'Supervision' of dental auxiliary means the act of overseeing or directing duties performed by a dental auxiliary. Types of supervision may include:
18. (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;
19. (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
20. (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.
21. (r) 'Teledentistry' means the use of data transmitted through interactive audio/video or data communications either by synchronous or asynchronous technology for the purposes of examination, diagnosis, treatment planning, consultation or directing the delivery of treatment by dentists and dental auxiliary in settings permissible and consistent with the rules of supervision. Teledentistry service may include telephone, electronic mail message, or facsimile transmitting, or online tool.
22. (i) Synchronous technology: secure two-way audio/visual technology that allows a dentist and dental auxiliary to see and communicate in real time with a patient who is located in a different physical location.
23. (ii) Asynchronous technology: the transmission of recorded health information (radiographs, photographs, video and other digital media) through a secure electronic communications system to a dentist and dental auxiliary who uses the information to evaluate a patient's condition or render a service outside of a real-time or live interaction.
24. (s) 'WAPA' means Wyoming Administrative Procedure Act, W.S. 16-3-101 through 115.

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

Section 5. Board Meetings. The Board shall set its regular meetings by resolution.

Section 6. Reference by Incorporation.

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

(i) Principles of Ethics and Code of Professional Conduct, excluding Principles 5.H. and 5.I., adopted by the ADA and revised November 2018, found at: https://dental.wyo.gov/rules.

(ii) Bylaws and Code of Ethics, adopted by the ADHA and effective on June 2020, found at: https://dental.wyo.gov/rules.

(iii) Dental Assisting National Board's Code of Professional Conduct, adopted by the DANB and revised February 2018, found at: https://dental.wyo.gov/rules.

(iv) Summary of Infection Prevention Practices in Dental Settings: Basic Expectations for Safe Care, adopted by the Centers for Disease Control and Prevention and revised October 2016, found at: https://dental.wyo.gov/rules.

(v) Centers for Disease Control Guideline for Prescribing Opioids for Chronic Pain - United States, 2016, adopted by the Centers for Disease Control and Prevention and effective March 18, 2016, found at: http://dental.wyo.gov/rules.

(vi) Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at: https://dental.wyo.gov/rules.

(vii) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspection, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at https://dental.wyo.gov/rules.

(b) For these rules incorporated by reference:

(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 (a) of this section; and

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

Section 7. Public Records Inspection. Public records inspections shall be conducted pursuant to the Department of Administration and Information's rules concerning public records.

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.