§ 721. Practicing dentistry defined
(a) A person shall be regarded as practicing dentistry within the meaning of this chapter:
(1) Who uses or permits to be used, directly or indirectly, for profit or otherwise, for himself or for any other person, in connection with his name, the word "dentist," or "dental surgeon," or the title "D.D.S." or "D.M.D." or any other words, letters, titles, or descriptive matter, personal or not, which directly or indirectly implies the practice of dentistry; or
(2) Who owns, leases, maintains, or operates a dental business in any office or other room or rooms where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor of the same; or
(3) Who directly or indirectly informs the public in any language, orally, in writing, or in printing, or by drawings, demonstrations, specimens, signs, or pictures that he can perform or will attempt to perform dental operations of any kind; or
(4) Who undertakes, by any means or method, gratuitously or for a salary, fee, money, or other reward paid or granted directly or indirectly to himself or to any other person, to diagnose or profess to diagnose, or to treat or profess to treat or to prescribe for or profess to prescribe for any lesions, diseases, disorders, for deficiencies of the human oral cavity, teeth, gums, maxilla, or mandible or adjacent associated structures; or
(5) Who extracts human teeth, corrects malpositions thereof or of the jaws; or
(6) Who, except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist, directly or indirectly by mail, carrier, personal agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, or adjusts the same; or
(7) Who administers dental anaesthetics, either general or local; or
(8) Who engages in any of the practices included in the curricula of recognized dental colleges.
(b) Nothing contained in subsection (a) of this section shall prevent regularly licensed physicians or surgeons from treating or prescribing for lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums, maxilla, or mandible or adjacent associated structures, or from extracting human teeth or administering anaesthetics, or using or prescribing drugs or other remedies; nor shall it prevent students from performing dental operations under the supervision of a registered dentist at a state hospital or competent instructors within a dental school, or college, or dental department of a university recognized by the board of dental examiners, or prevent students from serving as interns in any hospital approved by the board.
(c)(1) A dentist may administer nondental anesthesia if the dentist meets the following requirements:
(A) The administration of anesthesia occurs only in a hospital where the dentist is credentialed to perform nondental anesthesiology;
(B) The dentist holds an academic appointment in anesthesiology at an accredited medical school;
(C) The dentist has successfully completed a full anesthesiology residency in a program approved by the Accreditation Council for Graduate Medical Education;
(D) The dentist has a diploma from the National Board of Anesthesiology; and
(E) The dentist practicing nondental anesthesia is held to the same standard of care as a physician administering anesthesia under the same or similar circumstances.
(2) The board of dental examiners shall refer a complaint or disciplinary proceeding about a dentist arising from his or her administration of nondental anesthesiology to the board of medical practice, which shall have jurisdiction to investigate and sanction and limit or revoke the dentist's license to the same extent that it may for physicians licensed under chapter 23 of this title. (Amended 1961, No. 172, § 1, eff. June 21, 1961; 1969, No. 81, § 1; 2009, No. 35, § 12.)
§ 722. Operation of dental office or business
A person may not operate or conduct a dental office or business under any name other than the name of the dentist or dentists actually owning the practice or a corporate name of such dentist or dentists. The surviving spouse, executor, or administrator of the estate of a registered dentist, or the spouse, of an incapacitated registered dentist, may employ a registered dentist of this state to terminate the practice within a reasonable length of time. Every dentist when he begins practice, either by himself or as an assistant shall forthwith notify the secretary of the board of his office address, and every registered and licensed dentist, dental assistant and dental hygienist shall keep his license and certificate of registration displayed in such manner as to be easily seen and read. (Amended 1969, No. 81, § 2; 1973, No. 46, § 1.)
§ 723. Fraudulent acts
(a) No person may assume the title of "Doctor of Dental Surgery" or "Doctor of Dental Medicine," or append the letters "D.D.S." or "D.M.D." to his name, without the right to assume that title by a degree conferred upon him by a college or school empowered by law to confer that title.
(b) No person may wilfully make a false material statement in his application for a license, or change or alter a license issued by the board.
(c) No person may practice dentistry without having first obtained a license from the board. A person who violates this subsection or subsection (a) of this section shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Amended 1969, No. 81, § 3; 1973, No. 174 (Adj. Sess.), § 5; 2007, No. 29, § 19.)
§ 724. Application of chapter
Nothing in this chapter shall be construed to interfere with the rights and privileges of physicians and surgeons licensed under the laws of this state. Nothing in this chapter shall be construed to prohibit an unlicensed person from performing merely mechanical work upon inert matter in a dental office or laboratory. Upon prior application and approval by the board, a student of an accredited dental school or college during his vacation, may perform operations for purposes of clinical study under the supervision and instruction, and in the office of a licensed dentist. (Amended 1969, No. 81, § 4.)
725. Repealed. 2007, No. 29, § 77.
§ 761. State board of dental examiners; creation; qualifications
The state board of dental examiners is created and shall consist of six dental practitioners of good standing, who have practiced in this state for a period of five years or more, are in active practice, and are legal residents of the state of Vermont, two registered dental hygienists certified pursuant to subchapter 4 of this chapter, who have practiced in the state of Vermont for a period of three years immediately preceding the appointment, are in active practice and are legal residents of the state of Vermont, one dental assistant registered pursuant to section 863 of this title who has practiced in the state of Vermont for a period of three years immediately preceding the appointment, is in active practice, and is a legal resident of the state of Vermont, and two members of the public not associated with the practice of dentistry. Board members shall be appointed by the governor pursuant to 3 V.S.A. §§ 129b and 2004. No member of the board may be an officer or serve on a commit
tee of his or her respective state or local professional dental or dental hygienist organization nor shall any member of the board be on the faculty of a school of dentistry or dental hygiene. (Amended 1969, No. 81, § 6; 1975, No. 159 (Adj. Sess.), § 1, eff. March 16, 1976; 1977, No. 255 (Adj. Sess.), § 10; 1979, No. 127 (Adj. Sess.), § 1; 1989, No. 2, § 1, eff. Feb. 16, 1989; 2005, No. 27, § 34; 2009, No. 103 (Adj. Sess.), § 8b.)
762. Repealed. 2005, No. 27, § 117(1).
§ 763. Meetings
The meetings of the board shall be held annually, or more frequently on the call of the chair or two members. (Amended 1969, No. 81, § 8; amended 2005, No. 27, § 35.)
§§ 764, 765. Repealed. 1977, No. 255 (Adj. Sess.), § 9.
766. Repealed. 1969, No. 81, § 10.
§ 767. Powers and duties of the board
The board shall have the following powers and duties:
(1) to adopt rules under chapter 25 of Title 3 necessary to carry out the provisions of this chapter;
(2) to investigate all complaints and charges under this chapter and to hold hearings to determine whether charges are substantiated or unsubstantiated;
(3) to employ legal counsel and assistants as may be required, to fix the compensation to be paid for their services and to incur other expenses as it may consider necessary;
(4) to make contracts and arrangements for the performance of administrative and similar services required or appropriate in the performance of the duties of the board;
(5) to issue subpoenas and administer oaths in connection with any investigations, hearings, or disciplinary proceedings held under this chapter;
(6) to take or cause depositions to be taken as needed in any investigation, hearing or proceeding;
(7) to set educational standards and standards of practice for the administering of anesthesia in the dental office; and
(8) to undertake any other actions and procedures specified in, or required or appropriate to carry out, the provisions of this chapter. (Added 1977, No. 255 (Adj. Sess.), § 8; amended 1993, No. 22, § 2.)
§ 801. Qualifications for license
Any person who has attained the age of majority, who is a graduate of a dental college accredited by the commission on dental accreditation of the American Dental Association, upon the payment of the required application fee and an examination fee, may apply to be examined. If found qualified, such person shall be licensed to practice dentistry, dental surgery, and medical dentistry, and shall receive a license signed by the members of the board. (Amended 1961, No. 172, § 2, eff. June 21, 1961; 1969, No. 81, § 11; 1971, No. 184 (Adj. Sess.), § 16, eff. March 29, 1972; 1989, No. 250 (Adj. Sess.), § 23; 1993, No. 108 (Adj. Sess.), § 2; 2005, No. 148 (Adj. Sess.), § 6.)
§ 802. Examinations
As a part of the examination a certificate of the national board of dental examiners is required. A practical examination covering such dental subjects as the board may determine will also be required of each applicant. These examinations shall be of such character as to test the qualifications of the applicant to practice dentistry. If a dentist has been in practice five years or longer in a single state, and is in good standing in his home state, a letter stating this from the secretary of that state board of dental examiners will, at the discretion of the Vermont board, replace the certificate of the national board of dental examiners. The board has the right to determine whether an examination may be given in conjunction with another state board or group of state boards. (Amended 1969, No. 81, § 12.)
803. Repealed. 1961, No. 172, § 5, eff. June 21, 1961.
§ 804. Rules of board
Rules relating to qualifications of applicants and to conduct of examinations and to the granting of licenses may be made by the board.
§ 805. Licensing nonresidents
(a) In its discretion, upon a satisfactory practical examination demonstrating his or her proficiency, the board may issue a license to a dentist who has been lawfully in practice in another state for at least five years, upon the payment of the required fee, if the applicant presents a certificate from the board of dental examiners or other like board of the state in which he or she has practiced, certifying to competency and good moral character.
(b) Notwithstanding the provisions of subsection (a) of this section and any other provision of law, a dentist or dental hygienist who holds an unrestricted license in all jurisdictions in which the dentist or dental hygienist is currently licensed, who certifies to the Vermont board of dental examiners that he or she will limit his or her practice in Vermont to providing pro bono services at a free or reduced fee clinic in Vermont and who meets the criteria of the board, shall be licensed by the board within 60 days of the licensee's certification without further examination, interview, fee or any other requirement for board licensure. The dentist or dental hygienist shall file with the board, on forms provided by the board and based on criteria developed by the board, information on dental qualifications, professional discipline, criminal record, malpractice claims or any other such information as the board may require. A license granted under this subsection shall authorize the l
icensee to practice
dentistry or dental hygiene on a voluntary basis in
§ 806, 807. Repealed. 1977, No. 255 (Adj. Sess.), § 9.
§ 808. Certificate to licensee removing from state
Upon application to the board, a licensed dentist who desires to change his residence to another state shall receive a certificate which will attest that he is a duly licensed dentist in this state upon payment of the required fee. (Amended 1969, No. 81, § 16; 1989, No. 250 (Adj. Sess.), § 25.)
§ 809. Disciplinary proceedings
(a) Grounds for discipline: The board may refuse to give an examination or issue a license to practice dentistry or dental hygiene, and may suspend or revoke any such license, or otherwise discipline a licensee, for any of the following reasons and for any of the reasons set forth in section 129a of Title 3:
(1) abandonment of a patient;
(2) addiction to narcotics, habitual drunkenness or rendering professional services to a patient if the dentist or hygienist is intoxicated or under the influence of drugs;
(3) promotion by a dentist or hygienist of the sale of drugs, devices, appliances or goods provided for a patient in a manner to exploit the patient for financial gain of the dentist or hygienist or selling, prescribing, giving away or administering drugs for other than legal and legitimate therapeutic purposes;
(4) immoral conduct of a dentist or hygienist in their respective practices;
(5) solicitation of professional patronage by agents or persons, or profiting from the acts of those representing themselves to be agents of the licensed dentist or hygienist;
(6) division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;
(7) willful misrepresentation in treatments;
(8) practicing dentistry or dental hygiene with a dentist or hygienist who is not legally practicing within the state, or aiding or abetting such dentist or hygienist in the practice of dentistry or dental hygiene, except in accordance with this chapter and the rules of the board;
(9) gross and deceptive overcharging for professional services on repeated occasions, including filing of false statements for collection of fees for which services are not rendered;
(10) offering, undertaking or agreeing to practice by a secret method, procedure, treatment or medicine;
(11) consistent improper utilization of services;
(12) consistent use of unaccepted procedures which have a consistent detrimental effect upon patients;
(13) permitting one's name, license or registration to be used by a person, group, or corporation when not actually in charge of or responsible for the treatment given;
(14) in the course of practice, gross failure to use and exercise on a particular occasion or the failure to use and exercise on repeated occasions, that degree of care, skill and proficiency which is commonly exercised by the ordinary skillful, careful and prudent dentist or dental hygienist engaged in similar practice under the same or similar conditions, whether or not actual injury to a patient has occurred and whether or not committed within or without the state;
(15) practicing or maintaining a dental office in a manner so as to endanger the health or safety of the public;
(16) no licensed dentist may hold himself out to the public as being especially qualified in any branch of dentistry by announcing through the press, sign, card, spoken word, letterhead or printed matter, or any means of public advertising using such terms as "specialist", or inserting the name of the specialty, or using other phrases customarily used by qualified specialists that would imply to the public that he is so qualified, without first having met the educational standards set by the Commission on Accreditation of Dental and Dental Auxiliary Programs of the American Dental Association or without being eligible to take the A.D.A. approved certifying board in that specialty. This section shall not be construed as limiting or preventing a duly licensed and qualified dentist from performing, without being a specialist, dental acts or services to the public in any branch of dentistry.
(b) When a license is revoked, the revocation shall be recorded with the director of the office of professional regulation. (Amended 1969, No. 81, § 17; 1977, No. 255 (Adj. Sess.), § 1; 1989, No. 250 (Adj. Sess.), § 4(d); 1997, No. 145 (Adj. Sess.), § 35.)
§ 810. Renewal of license
(a) Each dentist licensed to practice by the board shall apply biennially for the renewal of a license. One month prior to the renewal date, the office of professional regulation shall send to each licensee a license renewal application form and a notice of the date on which existing license will expire. The licensee shall file the application for license renewal and pay a renewal fee. In order to be eligible for renewal, an applicant shall document completion of no fewer than 30 hours of board-approved continuing professional education which shall include emergency office procedures courses during the two-year licensing period preceding renewal. Required accumulation of continuing education hours shall begin on the first day of the first full biennial licensing period following initial licensure.
(b) A person who practices dentistry or works as a dental hygienist or dental assistant and who fails to renew a license or registration, or who fails to pay an interim billing fee increase approved by the legislature in accordance with the provisions of this section is an illegal practitioner and shall forfeit the right to practice until reinstated by the board.
(c) Any dentist or dental hygienist who has not been in active practice for a period of five years or more shall be required to show proof of proficiency to the board and upon fulfilling the requirements of section 812 of this title, may be reinstated by the board.
(d) Each dental hygienist licensed to practice by the board shall apply biennially for the renewal of a license. In order to be eligible for renewal, an applicant shall complete at least 12 hours of continuing professional education, approved by the board by rule, during the preceding two-year period, including a course in emergency office procedures. A renewal application form shall be sent as provided under subsection (a) of this section, together with the renewal fee.
(e) Each dentist and dental hygienist shall pay the following fees:
dentist $ 225.00
dental hygienist $ 150.00
dental assistant $ 60.00
(2) Biennial renewal
dentist $ 355.00
dental hygienist $ 125.00
dental assistant $ 75.00
(f) Interim billing fee increase. Each dentist and dental hygienist and dental assistant who renewed his or her license or registration in 2003 or has been granted initial licensure or registration since July 1, 2003 shall pay the following one-time interim billing fee or be subject to subsection (b) of this section and section 812 of this title:
(1) dentist $ 90.00
(2) dental hygienist $ 55.00
(3) dental assistant $ 35.00
(Amended 1969, No. 81, § 18; 1975, No. 118, § 76; 1977, No. 255 (Adj. Sess.), § 2; 1989, No. 250 (Adj. Sess.), § 26; 1991, No. 167 (Adj. Sess.), § 20; No. 237 (Adj. Sess.); 1999, No. 49, § 172; 2003, No. 70 (Adj. Sess.), § 17, eff. March 1, 2004; 2005, No. 72, § 9; 2005, No. 148 (Adj. Sess.), § 7; 2009, No. 103 (Adj. Sess.), § 9.)
§ 811. Certificate of registration; forms
Beginning on May 1, 1977, no certificate of registration shall be issued by the board unless the registrant has completed training in emergency office procedures as prescribed by the board. (Amended 1969, No. 81, § 19; 1975, No. 245 (Adj. Sess.), § 1; 2005, No. 148 (Adj. Sess.), § 8.)
§ 812. Lapsed licenses; fee exemption
(a) Failure to renew a license in a timely fashion shall result in a lapsed license subject to late renewal penalties pursuant to subdivision 125(a)(1) of Title 3.
(b) Notwithstanding the provisions of subsection (a) of this section, a
person shall not be required to pay registration fees for years spent on active
duty in the Armed Forces of the
813. Repealed. 1993, No. 108 (Adj. Sess.), § 21.
§ 851. Examination and certificate
A person 18 years of age or over, who is a graduate of a school of dental hygiene accredited by the council on dental education of the American Dental Association, upon the payment of the initial application fee, may be examined by the board in the subjects considered essential by it for a dental hygienist. If the examination is satisfactory, a certificate shall be given and the individual shall be registered as a dental hygienist. (Amended 1961, No. 172, § 3, eff. June 21, 1961; 1969, No. 81, § 21; 2005, No. 148 (Adj. Sess.), § 9.)
852. Repealed. 1961, No. 172, § 5, eff. June 21, 1961.
§ 853. Certificate without examination
(a) In its discretion, the board may issue, without examination, a certificate to a dental hygienist upon payment of the initial application fee if the applicant presents a certificate from the board of dental examiners or other like board of the state in which the dental hygienist has practiced and if that state maintains a law of requirements substantially equivalent to the laws of this state.
(b) The board may, by rule, establish requirements for licensing hygienists with five years' experience as a licensee or registrant. (Amended 1961, No. 172, § 4, eff. June 21, 1961; 1969, No. 81, § 22; 2005, No. 148 (Adj. Sess.), § 10.)
§ 854. Practice
(a) A hygienist may perform duties for which the hygienist has been qualified by successful completion of the normal curriculum offered by schools of dental hygiene accredited by the American Dental Association or in continuing education courses approved by the board of dental examiners. A hygienist may perform tasks in the office of any licensed dentist, consistent with the rules adopted by the board under section 767 of this title. In public or private schools or public or private institutions, a hygienist with no less than three years of experience may perform tasks under the general supervision of a licensed dentist with no less than three years of experience as prescribed in guidelines adopted by the board by rule.
(b) Notwithstanding the provisions of subsection 721(a) of this title, a hygienist may administer for dental hygiene purposes local anesthetics under the direct supervision and by the prescription of a licensed dentist pursuant to rules adopted by the board. The rules shall include minimum education requirements and procedures for administration of local anesthetics.
(c) The license of a hygienist authorized to administer local anesthetics shall have a special endorsement to that effect. (Amended 1969, No. 81, § 23; 1971, No. 142 (Adj. Sess.), eff. Feb. 3, 1972; 1977, No. 255 (Adj. Sess.), § 5; 1993, No. 22, § 1; 2007, No. 163 (Adj. Sess.), § 9.)
855. Repealed. 1969, No. 81, § 24.
§ 856. Certificate to licensee removing from state
Upon application to the board and payment of $10.00, a licensed dental hygienist who desires to change his residence to another state shall receive a certificate which will attest that the applicant is a duly licensed dental hygienist in this state. (Added 1969, No. 81, § 25.)
§ 861. Definitions
As used in this subchapter:
(1) "Dental assistant" means an individual registered pursuant to section 863 of this chapter to assist a dentist with dental duties directly relating to the care and treatment of patients.
(2) "Board" means the board of dental examiners.
(3) "Director" means the director of the office of professional regulation.
(4) "Direct supervision" means supervision by a licensed dentist who is readily available at the dental facility for consultation or intervention. (Added 1973, No. 46, § 2; amended 1973, No. 267 (Adj. Sess.), § 3; 1989, No. 250 (Adj. Sess.), § 4(d); 1993, No. 22, § 3.)
§ 862. Qualifications
The board shall adopt rules under chapter 25 of Title 3 prescribing minimum educational requirements, training experience and professional standards necessary for practice pursuant to this chapter as a dental assistant. In adopting the rules, the board shall consider the need to improve the efficiency and reduce the cost of dental service in the state consistent with maintenance of the highest possible standards of dental care. (Added 1973, No. 46, § 2; amended 1977, No. 255 (Adj. Sess.), § 6.)
§ 863. Registration
(a) No person shall practice as a dental assistant in this state unless registered for that purpose by the board.
(b) On a form prepared and provided by the board, each applicant shall indicate his education, training and any other personal information deemed by the director to be necessary to effectively carry out the purposes of this subchapter.
(c) On a form prepared and provided by the board each applicant shall state, under oath, that he shall practice only under the authority of a dentist and shall provide the name and address of the dentist, or dentists for whom he shall be employed; and that he shall notify the director in writing within five days of the termination of such employment. On a form prepared and provided by the board the employing dentist or dentists shall certify the statements of the applicant relating to his employment. The employing dentist shall be responsible for the professional acts of his assistants under his employment.
(d) [Repealed.] (Added 1973, No. 46, § 2; amended 1989, No. 250 (Adj. Sess.), §§ 4(d), 92.)
§ 864. Practice
(a) A dental assistant may perform duties in the office of any licensed dentist consistent with rules adopted by the board under sections 767 and 862 of this title, and in public or private schools or public or private institutions under the supervision of a licensed dentist or other dentist approved for the purpose by the board of dental examiners. The performance of any intraoral tasks shall be under the direct supervision of the employer dentist.
(b) The following tasks may not be assigned to a dental assistant or to any other person not licensed or approved by the board to practice dentistry:
(1) Diagnosis, treatment planning and prescription, including prescription for drugs and medicaments or authorization for restorative, prosthodontic or orthodontic appliances; or
(2) Surgical procedures on hard and soft tissues within the oral cavity or any other intraoral procedure that contributes to or results in an irremediable alteration of the oral anatomy. (Added 1973, No. 46, § 2; amended 1977, No. 255 (Adj. Sess.), § 7.)
§ 865. Revocation
The board shall revoke or suspend registration granted under this subchapter for cause and consistent with the provisions of chapter 25 of Title 3. (Added 1973, No. 46, § 2.)
866. eserved for future use.].
§ 867. Fees; renewal
Registrations issued under this subchapter shall be renewed biennially. (Added 1989, No. 250 (Adj. Sess.), § 28; amended 1991, No. 167 (Adj. Sess.), § 21; 1999, No. 49, § 173; 2003, No. 70 (Adj. Sess.), § 19, eff. March 1, 2004.)