TITLE I
GENERAL PROVISIONS
CHAPTER 1
ADMINISTRATION
[Prior to 5/18/88, Dental Examiners, Board of[320]]
650—1.1(153) Definitions. As used in these rules:
“Accredited school” means a dental, dental hygiene, or dental assisting education program accredited by the American Dental Association Commission on Dental Accreditation.
“Board” means the board of dental examiners.
“Chapter” means Iowa Code chapter 153.
“Coronal polish” means an adjunctive procedure that must also include removal of any calculus, if present, by a dentist or dental hygienist. Coronal polishing of teeth using only a rotary instrument and a rubber cup or brush for such purpose, when performed at the direction of and under the supervision of a licensed dentist, is deemed not to be the giving of prophylactic treatment.
“Dental hygiene committee,” as defined in Iowa Code section 153.33A, means the dental hygiene committee of the board of dental examiners.
“Department” means the department of public health.
“Direct supervision” means that the dentist is present in the treatment facility, but it is not required that the dentist be physically present in the treatment room.
“General supervision of a dental assistant” means that a dentist has examined the patient and has delegated the services to be provided by a registered dental assistant, which are limited to all extraoral duties, dental radiography, intraoral suctioning, and use of a curing light and intraoral camera. The dentist need not be present in the facility while these services are being provided.
“General supervision of a dental hygienist” means that a dentist has examined the patient and has prescribed authorized services to be provided by a dental hygienist. The dentist need not be present in the facility while these services are being provided. If a dentist will not be present, the following requirements shall be met:
	1.	Patients or their legal guardians must be informed prior to the appointment that no dentist will be present and therefore no examination will be conducted at that appointment.
	2.	The hygienist must consent to the arrangement.
	3.	Basic emergency procedures must be established and in place and the hygienist must be capable of implementing these procedures.
	4.	The treatment to be provided must be prior prescribed by a licensed dentist and must be entered in writing in the patient record.
“Inactive status” means the status of a practitioner licensed or registered pursuant to Iowa Code chapter 153 who is not currently engaged in the practice of dentistry, dental hygiene, or dental assisting in the state of Iowa and who has paid the required renewal fee but who has not met the requirements for continuing education.
“Lapsed license,” “permit,” or “registration” means a license, permit, or registration that a person has failed to renew as required or the license, permit, or registration of a person who failed to meet stated obligations for renewal within a stated time. A person whose license, permit, or registration has lapsed continues to hold the privilege of licensure or registration in Iowa, but may not practice dentistry, dental hygiene, or dental assisting until the license, permit, or registration is reinstated.
“License” means a certificate issued to a person to practice as a dentist or dental hygienist under the laws of this state.
“Licensee” means a person who has been issued a certificate to practice as a dentist or dental hygienist under the laws of this state.
“Overpayment” means payment in excess of the required fee. Overpayment of less than $10 received by the board shall not be refunded.
“Peer review” as defined in Iowa Code section 272C.1(7) means evaluation of professional services rendered by a licensee or registrant.
“Peer review committee” as defined in Iowa Code section 272C.1(8) means one or more persons acting in a peer review capacity pursuant to these rules.
“Personal supervision” means the dentist is physically present in the treatment room to oversee and direct all intraoral or chairside services of the dental assistant trainee and a licensee or registrant is physically present to oversee and direct all extraoral services of the dental assistant.
“Practice of dentistry” as defined in Iowa Code section 153.13 includes the rendering of professional services in this state as an employee or independent contractor or the rendering of any dental decisions, including diagnosing, treatment planning, determining the appropriateness of proposed dental care, or engaging in acts that constitute the practice of dentistry.
The following classes of persons shall also be deemed to be engaged in the practice of dentistry:
	1.	Persons publicly professing to be dentists, dental surgeons, or skilled in the science of dentistry, or publicly professing to assume the duties incident to the practice of dentistry.
	2.	Persons who perform examinations, diagnosis, treatment, and attempted correction by any medicine, appliance, surgery, or other appropriate method of any disease, condition, disorder, lesion, injury, deformity, or defect of the oral cavity and maxillofacial area, including teeth, gums, jaws, and associated structures and tissue, which methods by education, background, experience, and expertise are common to the practice of dentistry.
	3.	Persons who offer to perform, perform, or assist with any phase of any operation incident to tooth whitening, including the instruction or application of tooth whitening materials or procedures at any geographic location. For purposes of this paragraph, “tooth whitening” means any process to whiten or lighten the appearance of human teeth by the application of chemicals, whether or not in conjunction with a light source.
“Registrant” means a person who has been issued a certificate to practice as a dental assistant under the laws of this state.
“Registration” means a certificate issued to a person to practice as a dental assistant under the laws of this state.
This rule is intended to implement Iowa Code sections 147.1(2), 147.13, 147.30, 147.76, 147.80, 153.13 and 153.15, and chapter 272C.
[ARC 8369B, IAB 12/16/09, effective 1/20/10; ARC 2030C, IAB 6/10/15, effective 7/15/15]
650—1.2(17A,147,153,272C) Purpose of the board. The purpose of the board is to protect public health, safety, and welfare by administering, interpreting, and enforcing the provisions of law that relate to the practice of dentistry, dental hygiene, and dental assisting. In pursuit of this mission, the board performs these primary functions:
	1.2(1) Administers examinations for the testing of dentists, dental hygienists, and dental assistants;
	1.2(2) Issues licenses, registrations, certificates, and permits to qualified practitioners;
	1.2(3) Sets standards for license, registration, and permit renewal and continuing education;
	1.2(4) Enforces Iowa laws regulating the practice of dentistry, dental hygiene, and dental assisting;
	1.2(5) Investigates complaints concerning violations of the dental practice Act and rules;
	1.2(6) Conducts disciplinary hearings and monitors the compliance of licensees or registrants with board orders; and
	1.2(7) Adopts rules and establishes standards for practitioners pursuant to its authority under the Iowa Code and administrative rules.
650—1.3(17A,147,153) Organization of the board.
	1.3(1) The board shall be composed of five members licensed to practice dentistry, two members licensed to practice dental hygiene and two members not licensed to practice dentistry or dental hygiene and who shall represent the general public. All members are appointed by the governor, subject to confirmation by the senate.
	1.3(2) Five members of the board shall constitute a quorum for the purpose of conducting business.
	1.3(3) The dental hygiene committee of the board shall be composed of the two dental hygiene members of the board and one dentist member of the board. The dentist member will be elected annually to serve on the committee by a majority vote of the board. The dentist member of the committee must have supervised and worked in collaboration with a dental hygienist for a period of at least three years immediately preceding election to the committee.
	1.3(4) Two members of the dental hygiene committee shall constitute a quorum for the purpose of conducting business.
	1.3(5) Committees of the board may be appointed by the board chairperson and shall not constitute a quorum of the board. The board chairperson shall appoint committee chairpersons. Committees of the board may include the executive committee, licensure committee, grievance committee, continuing education advisory committee, and dental assistant committee.
650—1.4(153) Organization of the dental hygiene committee.
	1.4(1) All matters regarding the practice, discipline, education, examination, and licensure of dental hygienists will be initially directed to the dental hygiene committee. The committee shall have the authority to adopt recommendations regarding the practice, discipline, education, examination, and licensure of dental hygienists and shall carry out duties as assigned by the board. Recommendations by the committee shall include a statement and documentation supporting its recommendation to the board. The board shall review all committee recommendations. The recommendations shall be ratified by the board unless the board makes a specific written finding that the recommendation exceeds the jurisdiction or expands the scope of the committee beyond the authority granted in subrule 1.4(2), creates an undue financial impact on the board, or is not supported by the record. The board may not amend a committee recommendation without the concurrence of the majority of the members of the dental hygiene committee.
	1.4(2) This rule shall not be construed as impacting or changing the scope of practice of the profession of dental hygiene or authorizing the independent practice of dental hygiene.
	1.4(3) The committee shall not have regulatory or disciplinary authority with regard to dentists, dental assistants, dental lab technicians, or other auxiliary dental personnel.
This rule is intended to implement Iowa Code section 153.33A.
650—1.5(17A,153) Information. Members of the public may obtain information from or submit requests relating to the practice of dentistry, dental hygiene, or dental assisting, continuing education, or any other matter to the Executive Director, Iowa Board of Dental Examiners, 400 SW 8th Street, Suite D, Des Moines, Iowa 50309-4687.
650—1.6(17A,147,153) Meetings.
	1.6(1) The board shall hold an annual meeting each year in Des Moines to elect officers and conduct other business. Officers of the board shall consist of a chairperson, vice chairperson, and secretary. Officers shall assume their duties immediately following their election at the annual meeting.
	1.6(2) The board may hold additional meetings as the chairperson, vice chairperson, or majority of the board deems necessary. Written notices stating the time and place of the meetings shall be provided consistent with the open meetings law.
	1.6(3) The dental hygiene committee shall hold an annual meeting each year in Des Moines, Iowa, to elect officers and conduct other business. Officers of the committee shall consist of a chairperson, vice chairperson, and secretary. Officers shall assume their duties immediately following their election at the annual meeting.
	1.6(4) The dental hygiene committee may hold additional meetings as the chairperson, vice chairperson, or majority of the committee deems necessary.
	1.6(5) Dates and location of board meetings may be obtained from the board’s office. Except as otherwise provided by statute, all board meetings shall be open and the public shall be permitted to attend.
These rules are intended to implement Iowa Code sections 17A.3, 147.14(4), 147.22, and 153.33A(1).
[Filed 8/23/78, Notice 6/28/78—published 9/20/78, effective 10/25/78]
[Filed 12/14/84, Notice 10/10/84—published 1/2/85, effective 2/6/85]
[Filed 4/28/88, Notice 3/23/88—published 5/18/88, effective 6/22/88]
[Filed 9/21/89, Notices 5/31/89, 7/12/89—published 10/18/89, effective 11/22/89]
[Filed 4/21/95, Notice 2/15/95—published 5/10/95, effective 6/14/95]
[Filed 10/30/98, Notice 5/20/98—published 11/18/98, effective 12/23/98]
[Filed 1/22/99, Notice 11/18/98—published 2/10/99, effective 3/17/99]
[Filed 1/21/00, Notice 12/15/99—published 2/9/00, effective 3/15/00]
[Filed 10/23/00, Notice 8/9/00—published 11/15/00, effective 1/1/01]
[Filed 1/19/01, Notice 11/15/00—published 2/7/01, effective 3/14/01]
[Filed 6/21/02, Notice 2/20/02—published 7/10/02, effective 8/14/02]
[Filed 8/29/02, Notice 7/10/02—published 9/18/02, effective 10/23/02]
[Filed 7/1/04, Notice 5/12/04—published 7/21/04, effective 8/25/04]
[Filed 4/22/05, Notice 2/2/05—published 5/11/05, effective 6/15/05]
[Filed 2/5/07, Notice 11/22/06—published 2/28/07, effective 4/4/07]
[Filed ARC 8369B (Notice ARC 8044B, IAB 8/12/09), IAB 12/16/09, effective 1/20/10]
[Filed ARC 2030C (Notice ARC 1941C, IAB 4/1/15), IAB 6/10/15, effective 7/15/15]