Ohio Administrative Code Title 4715 - State Dental Board

Ohio Administrative Code Title 4715 — State Dental Board

1. Overview

Title 4715 of the Ohio Administrative Code (OAC) governs the State Dental Board, which regulates the practice of dentistry, dental hygiene, and dental assisting in Ohio. The rules within this title define the standards for licensure, professional conduct, scope of practice, continuing education, disciplinary actions, and more.

The State Dental Board ensures that only qualified and competent individuals are allowed to practice, thereby protecting the health, safety, and welfare of the public.

2. Authority and Purpose

The Ohio State Dental Board derives its authority from Ohio Revised Code (ORC) Chapter 4715.

The administrative rules in OAC Title 4715 implement and enforce the statutes, providing clarity and operational detail.

The Board is empowered to adopt rules, issue licenses, investigate complaints, conduct hearings, and discipline licensees.

3. Key Areas Covered by Title 4715

A. Licensure and Registration

Dentists and dental hygienists must complete accredited educational programs and pass licensing exams (e.g., ADEX, regional board exams).

Rules define eligibility, application procedures, fees, and temporary licenses.

Special permits exist for anesthesia, sedation, and volunteer practice.

B. Continuing Education (CE)

Dentists and hygienists must complete a certain number of CE hours per biennial cycle.

Topics must include infection control, ethics, and certain clinical competencies.

CE audits are conducted to verify compliance.

C. Scope of Practice

Rules define what licensed professionals can and cannot do:

Dentists: full range of diagnostic and therapeutic dental procedures.

Hygienists: limited to prophylaxis, periodontal treatment, radiographs, and under supervision, some restorative functions.

Dental assistants (EFDA - Expanded Function Dental Auxiliaries): may perform specific tasks with certification and supervision.

D. Anesthesia and Sedation

Strict rules apply for administering local anesthesia, conscious sedation, or general anesthesia.

Practitioners must hold permits and meet training, facility, and emergency equipment standards.

Unannounced inspections are allowed.

E. Infection Control and Safety

Rules mandate sterilization procedures, use of PPE (personal protective equipment), disposal of sharps and biohazards, and handling of bloodborne pathogens.

Non-compliance can lead to citations, fines, or suspension.

F. Professional Conduct and Ethics

Licensees must:

Maintain accurate patient records.

Avoid fraud, misrepresentation, or unlicensed practice.

Refrain from sexual misconduct, substance abuse, or boundary violations.

Mandatory reporting of impaired professionals or criminal convictions is required.

G. Disciplinary Actions

The Board can impose:

Reprimands

Fines

License suspension/revocation

Probation with conditions (e.g., treatment, monitoring)

Licensees have the right to a hearing and appeal under Ohio administrative procedure law.

4. Procedural Rules

Disciplinary actions follow the Ohio Administrative Procedure Act, ensuring due process:

Notice of violation

Opportunity for hearing

Right to counsel

Appeals to Common Pleas Court

The Board may issue consent agreements as alternatives to formal hearings.

5. Relevant Case Law

State Dental Board v. Hohman, 1995 Ohio App. LEXIS 3032

The Dental Board revoked a license due to fraudulent billing practices.

The court upheld the Board’s decision, affirming that intentional overbilling constitutes unprofessional conduct.

The case reinforced the Board's authority to protect public trust.

In re Suspension of Dr. R.M., 2009 Ohio App. LEXIS 2047

The dentist was suspended for administering general anesthesia without the proper permit.

The court upheld the suspension, stating that compliance with permit requirements is critical to patient safety.

It clarified that lack of harm does not excuse rule violations.

Ohio State Dental Board v. Cady, 2014 Ohio App. LEXIS 882

A dental hygienist was disciplined for practicing without current license renewal.

The Board’s penalty was upheld, with the court ruling that practicing without a current license is a strict liability offense, regardless of intent.

It emphasized that practitioners bear the burden of maintaining licensure status.

State Dental Board v. Ramirez, 2002 Ohio App. LEXIS 1950

A dentist was found to have failed to maintain proper infection control protocols.

The Board issued a suspension and required remedial training.

The court found the sanctions reasonable and within the Board’s discretion to protect public health.

6. Practical Implications

Dentists, hygienists, and assistants must keep up to date on licensure and CE requirements.

Failing to renew or operating outside one’s scope can result in automatic penalties, even if no patient harm occurs.

The Board’s inspection authority is broad — including infection control checks and anesthesia compliance.

Ethical violations, even outside the clinic (e.g., drug offenses, sexual misconduct), can trigger license review.

Licensees should engage legal counsel in disciplinary proceedings to protect their rights.

7. Summary

Ohio Administrative Code Title 4715 outlines the comprehensive regulatory framework for dental professionals in Ohio. It includes:

AreaDescription
LicensingEducational, examination, and background check requirements for dentists, hygienists, and assistants.
Practice StandardsDefined scope for each profession with supervision rules and restrictions.
Continuing EducationRequired for license renewal, with specific subject matter mandates.
Anesthesia & SafetyStrict permitting and safety protocols for sedation/general anesthesia.
Ethics & ConductProfessional standards and automatic disciplinary triggers for misconduct.
DisciplineEnforcement through investigation, hearings, and Board orders with appeals.

Case law confirms that the Board has wide latitude in protecting the public and enforcing compliance, with the courts generally deferring to its expertise — provided due process is followed.

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