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Statutes (Legislative)

Utah Code

58-69-101 Title.

Chapter 69
Dentist and Dental Hygienist Practice Act

Part 1 General Provisions

This chapter is the "Dentist and Dental Hygienist Practice Act."

Enacted by Chapter 116, 1996 General Session

58-69-102 Definitions.

In addition to the definitions in Section 58-1-102, as used in this chapter:

  1. (1)  "Board" means the Dentist and Dental Hygienist Licensing Board created in Section 58-69-201.

  2. (2)  "Dental assistant" means an unlicensed individual who engages in, directly or indirectly,

    supervised acts and duties as defined by division rule made in collaboration with the board.

  3. (3)  "Direct supervision" means the supervising dentist is present and available for face-to-face

    communication with the person being supervised when and where professional services are

    being provided.

  4. (4)  "General supervision" means that the supervising dentist is available for consultation regarding

    work the supervising dentist has authorized, without regard as to whether the supervising

    dentist is located on the same premises as the person being supervised.

  5. (5)  "Indirect supervision" means that the supervising dentist is present within the facility in which

    the person being supervised is providing services and is available to provide immediate face-to-

    face communication with the person being supervised.

  6. (6)  "Practice of dental hygiene" means, regarding humans:

(a) under the general supervision of a dentist, or under a written agreement with a dentist licensed under this chapter, as provided in Section 58-69-801, to:

(i) perform preliminary clinical examination of human teeth and gums;
(ii) make preliminary instrumental examination of patients' teeth;
(iii) expose dental radiographs;
(iv) assess dental hygiene status and collaborate with the supervising dentist regarding a dental

hygiene treatment plan for a patient;
(v) remove deposits, accumulations, calculus, and concretions from the surfaces of human

teeth;
(vi) remove toxins and debris from subgingival surfaces;
(vii) provide dental hygiene care in accordance with a dentist's treatment plan for a patient; (viii) take impressions of teeth or jaws except for impressions or registrations to supply artificial

teeth as substitutes for natural teeth; or
(ix) engage in other practices of dental hygiene as defined by division rule;

(b) under the indirect supervision of a dentist to administer in accordance with standards and ethics of the professions of dentistry and dental hygiene:

(i) local anesthesia; or

(ii) nitrous oxide analgesia;
(c) to represent oneself by any title, degree, or in any other way as being a dental hygienist; or (d) to direct a dental assistant when the supervising dentist is not on the premises.

(7) "Practice of dentistry" means the following, regarding humans:

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(a) to offer, undertake, or represent that a person will undertake by any means or method to: (i) examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, pain,

injury, deficiency, deformity, or any other condition of the human teeth, alveolar process,

gums, jaws, or adjacent hard and soft tissues and structures in the maxillofacial region; (ii) take an appropriate history and physical consistent with the level of professional service to

be provided and the available resources in the facility in which the service is to be provided; (iii) take impressions or registrations;
(iv) supply artificial teeth as substitutes for natural teeth;
(v) remove deposits, accumulations, calculus, and concretions from the surfaces of teeth; and (vi) correct or attempt to correct malposition of teeth;

(b) to administer anesthetics necessary or proper in the practice of dentistry only as allowed by an anesthesia permit obtained from the division;

(c) to administer and prescribe drugs related to and appropriate in the practice of dentistry;
(d) to supervise the practice of a dental hygienist or dental assistant as established by division

rule made in collaboration with the board; or
(e) to represent oneself by any title, degree, or in any other way that one is a dentist.

(8) "Public health setting" means:
(a) an individual's residence, if the individual is unable to leave the residence;
(b) a school, as part of a school-based program;
(c) a nursing home;
(d) an assisted living or long-term care facility;
(e) a community health center;
(f) a federally-qualified health center; or
(g) a mobile dental health program that employs a dentist who is licensed under this chapter.

(9) "Supervising dentist" means a licensed dentist who has agreed to provide supervision of a dental hygienist or unlicensed individual in accordance with the provisions of this chapter.

(10) "Unlawful conduct" means the same as that term is defined in Sections 58-1-501 and 58-69-501.

(11) "Unprofessional conduct" means the same as that term is defined in Sections 58-1-501 and 58-69-502 and as may be further defined by rule.

Amended by Chapter 343, 2015 General Session

Part 2 Board

58-69-201 Board.

  1. (1)  There is created the Dentist and Dental Hygienist Licensing Board, consisting of six licensed dentists, two licensed dental hygienists, and one member of the general public.

  2. (2)  The board shall be appointed and serve in accordance with Section 58-1-201.

(3)

(a) The duties and responsibilities of the board shall be in accordance with Sections 58-1-202 and 58-1-203.

(b) In addition, the board shall designate one of its members on a permanent or rotating basis to: (i) assist the division in reviewing complaints concerning the unlawful or unprofessional conduct

of a licensee; and

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(ii) advise the division with respect to the conduct of investigations of these complaints.

  1. (4)  A board member who has, under Subsection (3), reviewed a complaint or advised in its

    investigation may be disqualified from participating with the board when the board serves as a

    presiding officer in an adjudicative proceeding concerning the complaint.

  2. (5)  Board members may serve as examiners for licensing examinations established under Section

    58-69-302 when requested by the examining body.

  3. (6)  Board members serving as examiners shall be compensated in accordance with Subsection

    58-1-201(4), but may not be compensated for per diem or allowable expenses if they are eligible to receive compensation from the examining body.

Amended by Chapter 10, 1997 General Session

Part 3 Licensing

58-69-301 License required -- License classifications -- Anesthesia and analgesia permits.

  1. (1)  A license is required to engage in the practice of dentistry or dental hygiene except as specifically provided in Section 58-69-306 or 58-1-307.

  2. (2)  The division shall issue to individuals qualified under the provisions of this chapter a license in the classification:

(a) dentist; or

(b) dental hygienist.

  1. (3)  A permit is required to engage in administration of anesthesia or analgesia in the practice of

    dentistry or dental hygiene.

  2. (4)  The division in collaboration with the board shall establish by rule:

(a) the classifications of anesthesia and analgesia permits and the scope of practice permitted under each permit; and

(b) the qualifications for each classification of anesthesia and analgesia permit.

Amended by Chapter 320, 2015 General Session

58-69-302 Qualifications -- Licensure as a dentist -- Licensure as a dental hygienist.

(1) An applicant for licensure as a dentist, except as provided in Subsection (2), shall: (a) submit an application in a form as prescribed by the division;
(b) pay a fee as determined by the department under Section 63J-1-504;
(c) be of good moral character;

  1. (d)  provide satisfactory documentation of having successfully completed a program of professional education preparing an individual as a dentist as evidenced by having received an earned doctor's degree in dentistry from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association;

  2. (e)  pass the National Board Dental Examinations as administered by the Joint Commission on National Dental Examinations of the American Dental Association;

(f) pass any one of the regional dental clinical licensure examinations unless the division, in collaboration with the board, determines that:

(i) the examination is clearly inferior to the Western Regional Examination Board; and
(ii) reliance upon the examination poses an unjustifiable threat to public health and safety;

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(g) pass any other examinations regarding applicable law, rules, or ethics as established by division rule made in collaboration with the board;

(h) be able to read, write, speak, understand, and be understood in the English language and demonstrate proficiency to the satisfaction of the board if requested by the board; and
(i) meet with the board if requested by the board or division for the purpose of examining the

applicant's qualifications for licensure.
(2) An applicant for licensure as a dentist qualifying under the endorsement provision of Section

58-1-302 shall:
(a) be currently licensed in good standing with an unrestricted license in another jurisdiction

described in Section 58-1-302;
(b) document having met all requirements for licensure under Subsection (1) except Subsection

(1)(d); and
(c) document having been successfully engaged in clinical practice as a dentist for not less than

6,000 hours in the five years immediately preceding the date of application for licensure. (3) An applicant for licensure as a dental hygienist, except as set forth in Subsection (4), shall:

(a) submit an application in a form as prescribed by the division;
(b) pay a fee as determined by the department pursuant to Section 63J-1-504;
(c) be of good moral character;
(d) be a graduate holding a certificate or degree in dental hygiene from a school accredited by

the Commission on Dental Accreditation of the American Dental Association;
(e) pass the National Board Dental Hygiene Examination as administered by the Joint Commission on National Dental Examinations of the American Dental Association;

(f) pass an examination consisting of practical demonstrations in the practice of dental hygiene and written or oral examination in the theory and practice of dental hygiene as established by division rule made in collaboration with the board;

  1. (g)  pass any other examinations regarding applicable law, rules, and ethics as established by rule by division rule made in collaboration with the board;

  2. (h)  be able to read, write, speak, understand, and be understood in the English language and demonstrate proficiency to the satisfaction of the board if requested by the board; and

(i) meet with the board if requested by the board or division for the purpose of examining the

applicant's qualifications for licensure.
(4) An applicant for licensure as a dental hygienist qualifying under the endorsement provision of

Section 58-1-302 shall:
(a) be currently licensed in another jurisdiction set forth in Section 58-1-302; (b)

(i) document having met all requirements for licensure under Subsection (3) except, an applicant having received licensure in another state or jurisdiction prior to 1962, the year when the National Board Dental Hygiene Examinations were first administered, shall document having passed a state administered examination acceptable to the division in collaboration with the board; or

(ii) document having obtained licensure in another state or jurisdiction upon which licensure by endorsement is based by meeting requirements which were equal to licensure requirements in Utah at the time the applicant obtained licensure in the other state or jurisdiction; and

(c) document having been successfully engaged in practice as a dental hygienist for not less than 2,000 hours in the two years immediately preceding the date of application for licensure.

Amended by Chapter 337, 2017 General Session

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58-69-303 Term of license -- Expiration -- Renewal.

(1)
(a) The division shall issue each license and permit under this chapter in accordance with a two-

year renewal cycle established by division rule.
(b) The division may by rule extend or shorten a renewal period by as much as one year to

stagger the renewal cycles it administers.

  1. (2)  At the time of renewal, the licensee shall show compliance with continuing education renewal

    requirements.

  2. (3)  Each license expires on the expiration date shown on the license unless renewed in

    accordance with Section 58-1-308.

Amended by Chapter 268, 2001 General Session

58-69-304 Continuing education.

During each two-year licensure cycle or other cycle defined by rule, a licensee under this chapter shall complete qualified continuing professional education requirements established by division rule made in collaboration with the board.

Enacted by Chapter 116, 1996 General Session

58-69-306 Exemptions from licensure.

In addition to the exemptions from licensure in Section 58-1-307:

  1. (1)  an individual performing mechanical work on inert matter in a laboratory pursuant to a written

    prescription from a licensed dentist may engage in acts and practices included in the practice of

    dentistry or dental hygiene without being licensed under this chapter;

  2. (2)  an individual licensed in good standing as a dentist in another state, with no licensing action

    pending and no less than two years of professional experience, may engage in the practice of

    dentistry without being licensed under this chapter if:

(a) the services are rendered as a public service and for a noncommercial purpose;
(b) no fee or other consideration of value is charged, received, expected, or contemplated

for the services rendered beyond an amount necessary to cover the proportionate cost of

malpractice insurance; and
(c) the individual does not otherwise engage in unlawful or unprofessional conduct; and

(3) an individual who is appointed to a faculty position at an accredited dental school may practice dentistry within the scope of the individual's employment at the accredited dental school or at a hospital or clinic affiliated with the accredited dental school if the individual:

(a) holds a license to practice dentistry in another jurisdiction;
(b) is permitted to the work in the United States under federal immigration law; and (c)

(i)
(A) successfully completes Part I and Part II of the National Board Dental Examination; and (B) holds a degree in a dental specialty area, as defined by the division by rule made in

accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (ii)

(A) holds a certificate, master's degree, or doctorate degree from an accredited higher education or dental education institution in an area that supports dental education; and

(B) practices only under the supervision of an individual licensed as a dentist under this chapter; or

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(iii)
(A) has established expertise in an area of dentistry that is recognized by a United States

higher education or dental education institution or by a national professional board or

association; and
(B) practices only under the supervision of an individual licensed as a dentist under this

chapter.

Amended by Chapter 320, 2015 General Session

58-69-307 Status of licenses held on the effective date of this chapter.

An individual holding a current license or permit as a dentist or dental hygienist that was issued under any prior state law is considered to hold a current license or permit in the same classification under this chapter.

Enacted by Chapter 116, 1996 General Session

Part 4
License Denial and Discipline

58-69-401 Grounds for denial of license -- Disciplinary proceedings.

Grounds for division action regarding the following are under Section 58-1-401:
(1) refusing to issue a license to an applicant or refusing to renew the license of a licensee; (2) revoking, suspending, restricting, or placing on probation the license of a licensee;
(3) issuing a public or private reprimand to a licensee; and
(4) issuing a cease and desist order.

Enacted by Chapter 116, 1996 General Session

Part 5
Unlawful and Unprofessional Conduct - Penalties

58-69-501 Unlawful conduct.

"Unlawful conduct" includes, in addition to the definition in Section 58-1-501:

  1. (1)  administering anesthesia or analgesia in the practice of dentistry or dental hygiene if the

    individual does not hold a current permit issued by the division authorizing that individual to

    administer the type of anesthesia or analgesia used;

  2. (2)  practice of dental hygiene by a licensed dental hygienist when not under the supervision of a

    dentist, or under a written agreement with a dentist who is licensed under this chapter and who

    is a Utah resident, in accordance with the provisions of this chapter; or

  3. (3)  directing or interfering with a licensed dentist's judgment and competent practice of dentistry.

Amended by Chapter 343, 2015 General Session

58-69-502 Unprofessional conduct.

(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:

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  1. (a)  sharing professional fees with an unlicensed person or paying any person for sending or referring a patient;

  2. (b)  making an unsubstantiated claim of superiority in training or skill as a dentist or dental hygienist or in the performance of professional services;

  3. (c)  refusing authorized agents of the division or state or local health authorities access to the facilities related to the practice of dentistry or dental hygiene during normal business hours for the purpose of inspection; and

  4. (d)  failing to maintain facilities, instruments, equipment, supplies, appliances, or other property or conditions related to the practice of dentistry in a sanitary condition consistent with the standards and ethics of the professions of dentistry or dental hygiene.

(2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority: (a) includes for the practice of dentistry:

(i) advertising or otherwise holding oneself out to the public as practicing a dental specialty in which the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and

(ii) using the following words in advertising "Endodontist," "Orthodontist," "Oral and Maxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice Limited to," "Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when the dentist has not successfully completed the education specified for the dental specialty as defined by the American Dental Association; and

(b) does not include a dentist who advertises as being qualified in a recognized specialty area of dental practice so long as each such advertisement, regardless of form, contains a prominent disclaimer that the dentist is licensed as a general dentist or that the specialty services will be provided by a general dentist.

Amended by Chapter 158, 2006 General Session

58-69-502.5 Anesthesia and sedation -- Unprofessional conduct.

In addition to unprofessional conduct as defined in Section 58-69-502, it is unprofessional conduct for an individual licensed under this chapter to administer sedation or anesthesia intravenously to a patient in an outpatient setting that is not an emergency department without: (1) first obtaining consent from the patient in writing, which shall include:

(a) the type of sedation or anesthesia being administered;
(b) the identity and type of license or permit under this title of the person who is performing the

procedure for which the sedation or anesthesia will be administered;
(c) the identity and type of license or permit under this title of the person who will be

administering the sedation or anesthesia; and
(d) monitoring that will occur during the sedation or anesthesia, including monitoring of the

patient's oxygenation, ventilation, and circulation;
(2) reporting any adverse event under Section 26-1-40; and
(3) having access during the procedure to an advanced cardiac life support crash cart with

equipment that is regularly maintained according to guidelines established by the American Heart Association.

Enacted by Chapter 177, 2017 General Session

58-69-503 Penalty for unlawful conduct.

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  1. (1)  Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) and Section 58-69-501 with regard to the practice of dentistry is guilty of a third degree felony.

  2. (2)  Any person who violates the unlawful conduct provisions of Subsection 58-1-501(1)(a) with regard to the practice of dental hygiene is guilty of a class A misdemeanor.

Enacted by Chapter 116, 1996 General Session

Part 6 Impaired Licensee

58-69-601 Mentally incompetent or incapacitated dentist or dental hygienist.

(1) As used in this section:
(a) "Incapacitated person" means a person who is incapacitated, as defined in Section 75-1-201. (b) "Mental illness" is as defined in Section 62A-15-602.

(2) If a court of competent jurisdiction determines a dentist or dental hygienist is an incapacitated person or that the dentist or hygienist has a mental illness and is unable to safely engage in the practice of dentistry or dental hygiene, the director shall immediately suspend the license of the dentist or dental hygienist upon the entry of the judgment of the court, without further proceedings under Title 63G, Chapter 4, Administrative Procedures Act, regardless of whether an appeal from the court's ruling is pending. The director shall promptly notify the dentist or dental hygienist, in writing, of the suspension.

(3)

  1. (a)  If the division and a majority of the board find reasonable cause to believe a dentist or dental

    hygienist, who is not determined judicially to be an incapacitated person or to have a mental illness, is incapable of practicing dentistry or dental hygiene with reasonable skill regarding the safety of patients, because of illness, excessive use of drugs or alcohol, or as a result of any mental or physical condition, the board shall recommend that the director file a petition with the division, and cause the petition to be served upon the dentist or dental hygienist with a notice of hearing on the sole issue of the capacity of the dentist or dental hygienist to competently and safely engage in the practice of dentistry or dental hygiene.

  2. (b)  The hearing shall be conducted under Section 58-1-109 and Title 63G, Chapter 4, Administrative Procedures Act, except as provided in Subsection (4).

(4)
(a) Every dentist or dental hygienist who accepts the privilege of being licensed under this

chapter gives consent to:
(i) submitting at the dentist or dental hygienist's own expense to an immediate mental or

physical examination when directed in writing by the division and a majority of the board to

do so; and
(ii) the admissibility of the reports of the examining practitioner's testimony or examination, and

waives all objections on the ground the reports constitute a privileged communication.
(b) The examination may be ordered by the division, with the consent of a majority of the board,

only upon a finding of reasonable cause to believe:
(i) the dentist or dental hygienist has a mental illness, is incapacitated, or otherwise unable to

practice dentistry or dental hygiene with reasonable skill and safety; and
(ii) immediate action by the division and the board is necessary to prevent harm to the dentist's

or dental hygienist's patients or the general public.

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(c)
(i) Failure of a dentist or dental hygienist to submit to the examination ordered under this

section is a ground for the division's immediate suspension of the dentist's or dental

hygienist's license by written order of the director.
(ii) The division may enter the order of suspension without further compliance with Title 63G,

Chapter 4, Administrative Procedures Act, unless the division finds the failure to submit to the examination ordered under this section was due to circumstances beyond the control of the dentist or dental hygienist and was not related directly to the illness or incapacity of the dentist or dental hygienist.

(5)

  1. (a)  A dentist or dental hygienist whose license is suspended under Subsection (2) or (3) has the

    right to a hearing to appeal the suspension within 10 days after the license is suspended.

  2. (b)  The hearing held under this subsection shall be conducted in accordance with Sections

    58-1-108 and 58-1-109 for the sole purpose of determining if sufficient basis exists for the continuance of the order of suspension in order to prevent harm to the dentist's or dental hygienist's patients or the general public.

(6) A dentist or dental hygienist whose license is revoked, suspended, or in any way restricted under this section may request the division and the board to consider, at reasonable intervals, evidence presented by the dentist or dental hygienist, under procedures established by division rule, regarding any change in the dentist's or dental hygienist's condition, to determine whether:

(a) the dentist or dental hygienist is or is not able to safely and competently engage in the practice of dentistry or dental hygiene; and

(b) the dentist or dental hygienist is qualified to have the dentist or dental hygienist's licensure to practice under this chapter restored completely or in part.

Amended by Chapter 364, 2013 General Session

Part 7 Immunity Provisions

58-69-701 Immunity provisions apply.

The provisions of Chapter 13, Health Care Providers Immunity from Liability Act, apply to licensees under this chapter.

Enacted by Chapter 116, 1996 General Session

58-69-702 Opiate antagonist -- Exclusion from unlawful or unprofessional conduct.

(1) As used in this section:
(a) "Dispense" means the same as that term is defined in Section 58-17b-102.
(b) "Increased risk" means the same as that term is defined in Section 26-55-102.
(c) "Opiate antagonist" means the same as that term is defined in Section 26-55-102.
(d) "Opiate-related drug overdose event" means the same as that term is defined in Section

26-55-102.
(e) "Prescribe" means the same as that term is defined in Section 58-17b-102.

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(2) The prescribing or dispensing of an opiate antagonist by an individual licensed under this chapter to engage in the practice of dentistry is not unprofessional or unlawful conduct if the licensee prescribed or dispensed the opiate antagonist:

(a) in a good faith effort to assist:
(i) an individual who is at increased risk of experiencing an opiate-related drug overdose event;

or
(ii) a family member of, friend of, or other person, including a person described in Subsections

26-55-107(1)(a)(i)(A) through (1)(a)(i)(F), that is in a position to assist an individual who is at

increased risk of experiencing an opiate-related drug overdose event; or (b) to an overdose outreach provider pursuant to Subsection 26-55-104(2)(a)(iii).

(3) The provisions of this section and Title 26, Chapter 55, Opiate Overdose Response Act, do not establish a duty or standard of care in the prescribing, dispensing, or administration of an opiate antagonist.

Enacted by Chapter 207, 2016 General Session
Amended by Chapter 207, 2016 General Session, (Coordination Clause)

Part 8 Practice Standards

58-69-801 Dental hygienist -- Limitations on practice.

A dental hygienist licensed under this chapter may only practice dental hygiene:

  1. (1)  in an accredited dental or dental hygienist school to teach and demonstrate the practice of

    dental hygiene;

  2. (2)  for a public health agency;

  3. (3)  under the supervision of a dentist, for an employee leasing company or temporary personnel

    service company providing employees to a dentist or other person lawfully providing dental

    services:

    1. (a)  under the indirect supervision of a dentist licensed under this chapter at any time the dental

      hygienist is administering an anesthetic or analgesia as permitted under this chapter or

      division rules made under this chapter;

    2. (b)  under the general supervision of a dentist licensed under this chapter within the office of the

      supervising dentist and upon patients of record of the supervising dentist; and

(c) under the general supervision of a dentist licensed under this chapter, and the practice is

conducted outside of the office of the supervising dentist, if:
(i) the dental hygiene work performed is authorized by the supervising dentist as a part of and

in accordance with the supervising dentist's current treatment plan for the patient;
(ii) no anesthetic or analgesia is used;
(iii) the supervising dentist has determined the patient's general health and oral health are

so that the dental hygiene work can be performed under general supervision and with an

acceptable level of risk or injury as determined by the supervising dentist;
(iv) the supervising dentist accepts responsibility for the dental hygiene work performed under

general supervision; and (v)

(A) the dental hygienist's work is performed on a patient who is homebound or within a hospital, nursing home, or public health agency or institution; and

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(B) the patient is the supervising dentist's patient of record and the dentist has examined the patient within six months prior to the patient's receiving treatment from a dental hygienist under this Subsection (3); or

(4) under a written agreement with a dentist who is licensed under this chapter and who is a Utah resident if:

(a) the dental hygienist practices in a public health setting;
(b) the dentist is available in person, by phone, or by electronic communication;
(c) the agreement provides that the dental hygienist shall refer a patient with a dental need

beyond the dental hygienist's scope of practice to a licensed dentist; and
(d) the dental hygienist obtains from each patient an informed consent form that provides that

treatment by a dental hygienist is not a substitute for a dental examination by a dentist.

Amended by Chapter 348, 2016 General Session

58-69-802 Practice within limits of law, education, training, experience, and competency.

Each individual licensed under this chapter shall confine his practice to those acts or practices: (1) permitted by law; and
(2) in which the individual is competent by education, training, and experience.

Enacted by Chapter 116, 1996 General Session

58-69-803 Use of unlicensed individuals.

The standards regulating the use of unlicensed individuals as dental assistants shall be established by division rule made in collaboration with the board.

Enacted by Chapter 116, 1996 General Session

58-69-804 Form of practice.

(1) A dentist licensed under this chapter may engage in practice as a dentist, or in the practice of dentistry only as an individual licensee, but as an individual licensee, he may be:

(a) an individual operating as a business proprietor; (b) an employee of another person;
(c) a partner in a lawfully organized partnership;
(d) a lawfully formed professional corporation;

(e) a lawfully organized limited liability company;
(f) a lawfully organized business corporation; or
(g) any other form of organization recognized by the state which is not prohibited by rule adopted

by division rules made in collaboration with the board.
(2) Regardless of the form in which a licensee engages in the practice of dentistry, the licensee

may not permit another person who is not licensed in Utah as a dentist and is not otherwise competent to engage in the practice of dentistry to direct, or in any other way participate in, or interfere in the licensee's practice of dentistry.

Enacted by Chapter 116, 1996 General Session

58-69-805 Disclosure of financial interest by licensee.

(1) Licensees under this chapter may not refer patients to any clinical laboratory or health care facility in which the licensee or a member of the licensee's immediate family has any financial

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relationship as that term is described in 42 U.S.C. 1395nn, unless the licensee at the time of

making the referral discloses that relationship, in writing, to the patient.
(2) The written disclosure under Subsection (1) shall also state the patient may choose any facility

or laboratory for the work or treatment.

Enacted by Chapter 116, 1996 General Session

58-69-806 Consumer access to provider charges.

Beginning January 1, 2011, a dentist licensed under this chapter shall, when requested by a consumer:

(1) make a list of prices charged by the dentist available for the consumer which includes the dentist's 25 most frequently performed:

(a) clinic procedures or clinic services; (b) out-patient procedures; and
(c) in-patient procedures; and

(2) provide the consumer with information regarding any discount available for: (a) services not covered by insurance; or
(b) prompt payment of billed charges.

Enacted by Chapter 68, 2010 General Session

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Rules (Administrative)

R156. Commerce, Occupational and Professional Licensing. R156-69. Dentist and Dental Hygienist Practice Act Rule. R156-69-101. Title. 

This rule is known as the "Dentist and Dental Hygienist Practice Act Rule." 

R156-69-102. Definitions. 

In addition to the definitions in Title 58, Chapters 1 and 69, as used in Title 58, Chapters 1 and 69 or this rule: (1) "ACLS" means Advanced Cardiac Life Support.
(2) "ADA" means the American Dental Association.
(3) "ADA CERP" means American Dental Association Continuing Education Recognition Program. 

(4) "Advertising or otherwise holding oneself out to the public as a dentist" means representing or promoting oneself as a dentist through any of the following or similar methods: 

(a) business names;
(b) business signs;
(c) door or window lettering;
(d) business cards;
(e) letterhead;
(f) business announcements;
(g) flyers;
(h) mailers;
(i) promotions;
(j) advertisements;
(k) radio or television commercials;
(l) listings in printed or online telephone directories; or
(m) any other type of advertisement or promotional communication.
(5) "BCLS" means Basic Cardiac Life Support.
(6) "ADHA" means the American Dental Hygienists' Association.
(7) "CPR" means cardiopulmonary resuscitation.
(8) "CRDTS" means the Central Regional Dental Testing Service, Inc.
(9) "Competency" means displaying special skill or knowledge derived from training and experience.
(10) "Conscious sedation" means a minimally depressed level of consciousness that retains the patient's ability to 

independently and continuously maintain an airway and respond appropriately to physical stimulation and verbal command, produced by a pharmacologic or non-pharmacologic method, or a combination thereof. 

(11) "DANB" means the Dental Assisting National Board, Inc. 

(12) "Deep sedation" means a controlled state of depressed consciousness, accompanied by partial loss of protective reflexes, including inability to respond purposefully to verbal command, produced by a pharmacologic or non-pharmacologic method, or combination thereof. 

(13) "General anesthesia" means a controlled state of unconsciousness accompanied by partial or complete loss of protective reflexes, including inability to independently maintain an airway and respond purposefully to physical stimulation or verbal command, produced by a pharmacologic or non-pharmacologic method or a combination thereof. 

(14) "NERB" means Northeast Regional Board of Dental Examiners, Inc.
(15) "PALS" means Pediatric Advanced Life Support.
(16) "Practice of dentistry" in regard to administering anesthesia is further defined as follows:
(a) a Class I permit allows for local anesthesia which is the elimination of sensation, especially pain, in one part of the body 

by the topical application or regional injection of a drug;
(b) a Class II permit allows for minimal sedation which is a minimally depressed level of consciousness induced by nitrous 

oxide, or by a pharmacological method, or by both, that retains the patient's ability to independently and consciously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired, ventilatory and cardiovascular functions are unaffected; 

(c) a Class III permit allows for moderate sedation in which a drug induced depression of consciousness occurs during which a patient responds purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patient's airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained; and 

(d) a Class IV permit allows for deep sedation in which a drug induced depression of consciousness occurs from which a patient cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. A patient may require assistance in maintaining an airway and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained. 

(17) "Prominent disclaimer" means a disclaimer as described in and as required by Subsection R156-69-502(2)(ii) that: 1 

(a) if in writing, is in the same size of lettering as the largest lettering otherwise contained in an advertisement, publication, or other communication in which the disclaimer appears; or 

(b) if not in writing, is in the same volume and speed as the slowest speed and highest volume otherwise included in a radio or television commercial or other oral advertisement or promotion in which the disclaimer appears. 

(18) "Specialty area" means an area of dentistry proposed in a formal application by a sponsoring organization to the Council on Dental Education and Licensure and formally approved by the ADA as meeting the "Requirements for Recognition of Dental Specialists". Specialty areas include the following: 

(a) orthodontics;
(b) oral and maxillofacial surgery;
(c) oral and maxillofacial pathology;
(d) pediatric dentistry;
(e) periodontics;
(f) endodontics;
(g) prosthodontics;
(h) dental public health; and
(i) oral and maxillofacial radiology.
(19) "SRTA" means Southern Regional Testing Agency, Inc.
(20) "Unprofessional conduct," as defined in Title 58 Chapters 1 and 69, is further defined, in accordance with Subsection 

58-1-203(1)(e), in Section R156-69-502.
(21) "UDA" means Utah Dental Association.
(22) "UDHA" means Utah Dental Hygienists' Association. (23) "WREB" means the Western Regional Examining Board. 

R156-69-103. Authority - Purpose. 

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 69. 

R156-69-104. Organization - Relationship to Rule R156-1. 

The organization of this rule and its relationship to Rule R156-1 is as described in Section R156-1-107. 

R156-69-201. Classifications of Anesthesia and Analgesia Permits - Dentist. 

In accordance with Subsection 58-69-301(4)(a), a dentist may be issued an anesthesia and analgesia permit in the following classifications: 

(1) class I permit;
(2) class II permit;
(3) class III permit; and (4) class IV permit. 

R156-69-202. Qualifications for Anesthesia and Analgesia Permits - Dentist. 

In accordance with Subsection 58-69-301(4)(b), the qualifications for anesthesia and analgesia permits are: (1) for a class I permit:
(a) current licensure as a dentist in Utah; and
(b) documentation of current CPR or BCLS certification; 

(2) for a class II permit:
(a) current licensure as a dentist in Utah;
(b) documentation of current BCLS certification;
(c) evidence of successful completion of training in the administration of nitrous oxide and pharmacological methods of 

conscious sedation that:
(i) conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the 

American Dental Association, October 2007, which is incorporated by reference; or
(ii) is the substantial equivalent of Subsection (2)(c)(i) provided in a continuing education format offered by an American 

Dental Association accredited school; and
(d) certification that the applicant will comply with the scope of practice as set forth in Subsection R156-69-601(2); (3) for a class III permit:
(a) compliance with Subsections (1)(a) and (2) above;
(b) evidence of current Advanced Cardiac Life Support (ACLS) certification;
(c) evidence of holding a current Utah controlled substance license in good standing and a current Drug Enforcement 

Administration (DEA) Registration in good standing; (d) evidence of successful completion of: 

(i)(A) a comprehensive predoctoral or post doctoral training in the administration of conscious sedation that conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the American Dental Association, October 2007, including a letter from the course director documenting competency in performing conscious sedation; and 

(B) 60 hours of didactic education in sedation and successful completion of 20 cases; or 

(ii) the substantial equivalent of Subsection (3)(d)(i) provided in a continuing education format offered by an American Dental Association accredited school; and 

(e) certification that the applicant will comply the scope of practice as set forth in Subsection R156-69-601(3); and (4) for a class IV permit:
(a) compliance with Subsections (1), (2), and (3) above;
(b) evidence of current ACLS certification; 

(c) evidence of having successfully completed advanced training in the administration of general anesthesia and deep sedation consisting of not less than one year in a program which conforms to the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students, published by the American Dental Association, October 2007, and a letter from the course director documenting competency in performing general anesthesia and deep sedation; 

(d) documentation of successful completion of advanced training in obtaining a health history, performing a physical examination and diagnosis of a patient consistent with the administration of general anesthesia or deep sedation; and 

(e) certification that the applicant will comply with the scope of practice as set forth in Subsection R156-69-601(4). 

R156-69-203. Classification of Anesthesia and Analgesia Permits - Dental Hygienist. 

In accordance with Subsection 58-69-301(4)(a), a dental hygienist may be issued an anesthesia and analgesia permit in the classification of local anesthesia. 

R156-69-204. Qualifications for Anesthesia and Analgesia Permits - Dental Hygienist. 

In accordance with Subsection 58-69-301(4)(b), the qualifications for a local anesthesia permit are the following: 

(1) current Utah licensure as a dental hygienist or documentation of meeting all requirements for licensure as a dental hygienist; 

(2) successful completion of a program of training in the administration of local anesthetics that:
(i) is accredited by the Commission on Dental Accreditation of the ADA; or
(ii) is the substantial equivalent of Subsection (2)(i) provided in a continuing education format offered by an American 

Dental Association accredited school; and
(3)(a) a passing score on the WREB, NERB, SRTA, or CRDTS anesthesia examination; or
(b) documentation of having a current, active license to administer local anesthesia in another state in the United States; and (4) documentation of current CPR or BCLS certification. 

R156-69-302b. Qualifications for Licensure - Examination Requirements - Dentist. 

In accordance with Subsections 58-69-302(1)(f) and (g), the examination requirements for licensure as a dentist include the periodontics section and are established as the following: 

(1) the WREB examination with a passing score as established by the WREB; (2) the NERB examination with a passing score as established by the NERB; (3) the SRTA examination with a passing score as established by the SRTA; or (4) the CRDTS examination with a passing score as established by the CRDTS. 

R156-69-302c. Qualifications for Licensure - Examination Requirements - Dental Hygienist. 

In accordance with Subsections 58-69-302(3)(f) and (g), the examination requirements for licensure as a dental hygienist are established as the following: 

(1) the WREB examination with a passing score as established by the WREB; (2) the NERB examination with a passing score as established by the NERB; (3) the SRTA examination with a passing score as established by the SRTA; or (4) the CRDTS examination with a passing score as established by the CRDTS. 

R156-69-303. Renewal Cycle - Procedures. 

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 69, is established by rule in Section R156-1-308a. 

(2) Renewal procedures shall be in accordance with Section R156-1-308c. 

R156-69-304a. Continuing Education - Dentist and Dental Hygienist. 

In accordance with Section 58-69-304, qualified continuing professional education requirements are established as the 3 

following: 

(1) All licensed dentists and dental hygienists shall complete 30 hours of qualified continuing professional education during each two year period of licensure. 

(2) Qualified continuing professional education hours for licensees who have not been licensed for the entire two year period will be prorated from the date of licensure. 

(3) Continuing education under this section shall:
(a) be relevant to the licensee's professional practice;
(b) be prepared and presented by individuals who are qualified by education, training and experience to provide dental and 

dental hygiene continuing education; and
(c) have a method of verification of attendance and completion.
(4) Credit for continuing education shall be recognized in accordance with the following:
(a) unlimited hours shall be recognized for continuing education completed in blocks of time of not less than 50 minutes in 

formally established classroom courses, seminars, lectures, conferences, or training sessions which meet the criteria listed in Subsection (3) above, and which are approved by, conducted by or under sponsorship of: 

(i) the Division of Occupational and Professional Licensing;
(ii) recognized universities and colleges;
(iii) professional associations, societies and organizations representing a licensed profession whose program objectives relate 

to the practice of dentistry and dental hygiene; or
(iv) ADA or any subgroup thereof, the ADHA or any subgroup thereof, an accredited dental, dental hygiene or dental 

postgraduate program, a government agency, a recognized health care professional association or a peer study club;
(b) a maximum of ten hours per two year period may be recognized for teaching continuing education relevant to dentistry 

and dental hygiene;
(c) a maximum of 15 hours per two year period may be recognized for continuing education that is provided via Internet or 

through home study which provides an examination and a completion certificate;
(d) a maximum of six hours per two year period may be recognized for continuing education provided by the Division of 

Occupational and Professional Licensing; and
(e) qualified continuing professional education may include up to three hours in practice and office management.
(5) If properly documented that a licensee is engaged in full time activities or is subjected to circumstances which prevent 

that licensee from meeting the continuing education requirements established under this section, the licensee may be excused from the requirement for a period of up to three years. However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met. 

(6) Hours for recertification in CPR, BCLS, ACLS and PALS do not count as continuing education. 

(7) A licensee shall be responsible for maintaining competent records of completed qualified continuing professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified continuing professional education to demonstrate it meets the requirements under this section. 

R156-69-502. Unprofessional Conduct. 

"Unprofessional Conduct" includes the following: 

(1) failing to provide continuous in-operatory observation by a trained dental patient care staff member for any patient under nitrous oxide administration; 

(2) advertising or otherwise holding oneself out to the public as a dentist or dental group that practices in a specialty area unless: 

(i) each dentist has successfully completed an advanced educational program accredited by the ADA's Commission on Dental Accreditation (or its equivalent if completed prior to 1967) of two or more years in length, as specified by the Council on Dental Education and Licensure; 

(ii) as specified in Subsection 58-69-502(2)(b), the advertisement or other method of holding oneself out to the public as a dentist or dental group includes a prominent disclaimer that the dentist or dentists performing services are licensed as general dentists or that the specialty services will be provided by a general dentist; 

(iii) the advertisement or other method of holding oneself out to the public as a dentist or dental group that practices in a specialty area includes a prominent disclaimer that the dentist or dentists performing services is a specialist, but not qualified as a specialist in the specialty area being advertised; or 

(iv) otherwise advertising in a specialty area by representing that a dentist has attained any education, training or certification in the specialty area when the dentist has not met the criteria; 

(3) advertising in any form that is misleading, deceptive, or false; including the display of any credential, education, or training that is inaccurate, or the making of any unsubstantiated claim of superiority in training, skill, experience, or any other quantifiable aspect; 

(4) prescribing treatments and medications outside the scope of dentistry; 4 

(5) prescribing for oneself any Schedule II or III controlled substance;
(6) engaging in practice as a dentist or dental hygienist without prominently displaying a copy of the current Utah license; 

(7) failing to personally maintain current CPR or BCLS certification, or employing patient care staff who fail to maintain current CPR or BCLS certification; 

(8) providing consulting or other dental services under anonymity;
(9) engaging in unethical or illegal billing practices or fraud, including:
(a) reporting an incorrect treatment date for the purpose of obtaining payment;
(b) reporting charges for services not rendered;
(c) incorrectly reporting services rendered for the purpose of obtaining payment;
(d) generally representing a charge to a third party that is different from that charged to the patient;
(10) failing to establish and maintain appropriate dental records;
(11) failing to maintain patient records for a period of seven years;
(12) failing to provide copies of x-rays, reports or records to a patient or the patient's designee upon written request and 

payment of a nominal fee for copies regardless of the payment status of the services reflected in the record; and
(13) failing to submit a complete report to the Division within 30 calendar days concerning an incident, in which any 

anesthetic or sedative drug was administered to any patient, which resulted in, either directly or indirectly, the death or adverse event resulting in patient admission to a hospital. 

R156-69-601. Scope of Practice - Anesthesia and Analgesia Permits. 

In accordance with Subsection 58-69-301(4)(a), the scope of practice permitted under each classification of anesthesia and analgesia permit includes the following: 

(1) A dentist with a class I permit: 

(a) may administer or supervise the administration of any legal form of non-drug induced conscious sedation or drug induced conscious sedation except: 

(i) the administration of inhalation agents including nitrous oxide; and 

(ii) the administration of any drug for sedation by any parenteral route; and
(b) shall maintain and ensure that all patient care staff maintain current CPR certification. 

(2) A dentist with a class II permit: 

(a) may administer or supervise the administration of nitrous oxide induced conscious sedation in addition to the privileges granted to one holding a Class I permit; and 

(b) shall ensure that: 

(i) every patient under nitrous oxide administration is under continuous in-operatory observation by a member of the dental patient care staff; 

(ii) nitrous oxide and oxygen flow rates and sedation duration and clearing times are appropriately documented in patient records; 

(iii) reasonable and prudent controls are in place and followed in regard to nitrous oxide to ensure the health and safety of patients, dental office personnel, and the general public; 

(iv) the dental facility is equipped with adequate and appropriate equipment, in good working order, to assess vital signs; and 

(v) equipment used in the administration of nitrous oxide has a scavenging system and that all gas delivery units have an oxygen fail-safe system. 

(3) A dentist with a class III permit: 

(a) may administer or supervise the administration of parenteral conscious sedation in addition to the privileges granted one holding a Class I and Class II permit; and 

(b) shall ensure that: 

(i) the dental facility has adequate and appropriate monitoring equipment, including pulse oximetry, current emergency drugs, and equipment capable of delivering oxygen under positive pressure; 

(ii) the patient's heart rate, blood pressure, respirations and responsiveness are checked at specific intervals during the anesthesia and recovery period and that these observations are appropriately recorded in the patient record; 

(iii) the dental facility is equipped to treat emergencies providing immediate access to advanced airway equipment, and resuscitation medications; 

(iv) the above equipment is inspected annually by a certified technician and is calibrated and in good working order; 

(v) inhalation agents' flow rates and sedation duration and clearing times are appropriately documented in patient records; and 

(vi) a minimum of two persons, with one person constantly monitoring the patient, are present during the administration of parenteral conscious sedation as follows: 

(A) an operating permittee dentist and a BCLS certified assistant trained and qualified to monitor appropriate and required physiologic parameters; 

(B) an operating dentist and a permittee dentist; or

(C) an operating permittee dentist and another licensed professional qualified to administer this class of anesthesia. (4) A dentist with a class IV permit; 

(a) may administer or supervise the administration of general anesthesia or deep sedation in addition to the privileges granted one holding a class I, II and III permit; and 

(b) shall ensure that: 

(i) the dental facility is equipped with precordial stethoscope for continuous monitoring of cardiac function and respiratory work, electrocardiographic monitoring and pulse oximetry, means of monitoring blood pressure, and temperature monitoring; the preceding or equivalent monitoring of the patient will be used for all patients during all general anesthesia or deep sedation procedures; in addition, temperature monitoring will be used for children; 

(ii) the dental facility is equipped to treat emergencies providing immediate access to advanced airway equipment, resuscitation medications, and defibrillator; 

(iii) the above equipment is inspected annually by a certified technician and is calibrated and in good working order; and 

(iv) three qualified and appropriately trained individuals are present during the administration of general anesthesia or deep sedation as follows: 

(A) an operating dentist holding a permit under this classification, an anesthesia assistant trained to observe and monitor the patient using the equipment required above, and an individual to assist the operating dentist; 

(B) an operating dentist, an assistant to the dentist and a dentist holding a permit under this classification; or 

(C) another licensed professional qualified to administer this class of anesthesia and an individual to assist the operating dentist. 

(5) Any dentist administering any anesthesia to a patient which results in, either directly or indirectly, the death or adverse event resulting in hospitalization of a patient shall submit a complete report of the incident to the Board within 30 days. 

R156-69-602. Practice of Dental Hygiene. 

In accordance with Subsection 58-69-102(7)(a)(ix), other practices of dental hygiene include performing laser bleaching and laser periodontal debridement. 

R156-69-603. Use of Unlicensed Individuals as Dental Assistants. 

In accordance with Section 58-69-803, the standards regulating the use of unlicensed individuals as dental assistants are that an unlicensed individual shall not, under any circumstance: 

(1) render definitive treatment diagnosis;
(2) place, condense, carve, finish or polish restorative materials, or perform final cementation;
(3) cut hard or soft tissue or extract teeth;
(4) remove stains, deposits, or accretions, except as is incidental to polishing teeth coronally with a rubber cup;
(5) initially introduce nitrous oxide and oxygen to a patient for the purpose of establishing and recording a safe plane of 

analgesia for the patient, except under the direct supervision of a licensed dentist;
(6) remove bonded materials from the teeth with a rotary dental instrument or use any rotary dental instrument within the 

oral cavity except to polish teeth coronally with a rubber cup;
(7) take jaw registrations or oral impressions for supplying artificial teeth as substitutes for natural teeth, except for 

diagnostic or opposing models for the fabrication of temporary or provisional restorations or appliances;
(8) correct or attempt to correct the malposition or malocclusion of teeth, or make an adjustment that will result in the 

movement of teeth upon an appliance which is worn in the mouth;
(9) perform sub-gingival instrumentation;
(10) render decisions concerning the use of drugs, their dosage or prescription;
(11) expose radiographs without meeting the following criteria:
(a) completing a dental assisting course accredited by the ADA Commission on Dental Accreditation; or (b) passing one of the following examinations:
(i) the DANB Radiation Health and Safety Examination (RHS); or
(ii) a radiology exam approved by the Board that meets the criteria established in Section R156-69-604; or (12) work without a current CPR or BCLS certification. 

R156-69-604. Radiology Course for Unlicensed Individuals as Dental Assistants. 

In accordance with Section 58-69-803 and Subsection 58-54-4.3(2), the radiology course in Subsection R156-69-603(11) shall include radiology theory consisting of: 

(1) orientation to radiation technology;
(2) terminology;
(3) radiographic dental anatomy and pathology (cursory); (4) radiation physics (basic);
(5) radiation protection to patient and operator; 

6
(6) radiation biology including interaction of ionizing radiation on cells, tissues and matter; 

(7) factors influencing biological response to cells and tissues to ionizing radiation and cumulative effects of x-radiation; 

(8) intraoral and extraoral radiographic techniques;
(9) processing techniques including proper disposal of chemicals; and (10) infection control in dental radiology. 

KEY: licensing, dentists, dental hygienists
Date of Enactment or Last Substantive Amendment: December 22, 2015
Notice of Continuation: January 21, 2016
Authorizing, and Implemented or Interpreted Law: 58-69-101; 58-1-106(1)(a); 58-1-202(1)(a) 

DENTIST AND DENTAL HYGIENIST PRACTICE ACT RULE 

R156-69
Utah Administrative Code Issued December 22, 2015 

Disclaimer: The statute/rule above is an unofficial version provided for convenience only and may not be identical to the official versions on the Utah State Legislature (www.le.utah.gov) and the Utah Division of Administrative Rules (www.rules.utah.gov) websites. 

 
"State":"UT"