West Virginia Code of State Rules Agency 5 - Dentistry, WV Board of
🔹 Overview of Agency 5 – West Virginia Board of Dentistry
The West Virginia Board of Dentistry is the state regulatory authority responsible for licensing, regulating, and overseeing the practice of dentists, dental hygienists, and dental assistants in the state. The Board operates under the statutory authority provided in West Virginia Code Chapter 30, Article 4, and implements detailed regulations through Agency 5 of the State Rules.
These rules are designed to:
Ensure patient safety and public health.
Set and maintain professional standards.
Regulate entry into the dental profession.
Investigate and discipline misconduct.
Promote ongoing education and ethical practice.
🔹 Key Provisions of Agency 5 Rules
1. Licensing and Credentialing
Dentists and Dental Hygienists must complete an accredited program and pass the National Board Dental Examinations and a clinical exam.
Licenses must be renewed periodically, often biennially.
There are separate rules for temporary, restricted, and specialist licenses.
Rules also govern the licensure by credentials process for out-of-state dentists.
2. Continuing Education
Practitioners must complete specific hours of continuing education (CE) to renew their licenses.
CE must be approved by recognized organizations (e.g., ADA CERP).
Failure to meet CE requirements can result in license suspension.
3. Standards of Practice
Sets clinical, ethical, and professional standards for practitioners.
Regulates use of sedation and anesthesia.
Defines the scope of practice for dentists, hygienists, and assistants.
Mandates proper patient recordkeeping and informed consent.
4. Professional Conduct and Discipline
Grounds for disciplinary action include:
Fraud or misrepresentation in obtaining a license.
Substance abuse affecting clinical practice.
Conviction of a felony.
Malpractice or gross negligence.
Unprofessional conduct (e.g., sexual misconduct, patient abandonment).
Sanctions may include license revocation, suspension, fines, reprimand, or probation.
The Board has authority to investigate complaints, hold hearings, and issue final orders.
5. Facility and Infection Control Regulations
Clinics must meet sanitary, equipment, and safety standards.
Proper sterilization procedures are mandatory.
Records must be maintained and available for inspection.
🔹 Case Law Illustrating Application of Agency 5 Rules
A. Due Process in Disciplinary Actions
Case: In re License of Dr. John Smith (Hypothetical)
Dr. Smith’s license was suspended without a hearing after allegations of patient neglect.
The court held the Board violated due process by failing to provide proper notice and an opportunity to respond.
The court emphasized that professional licenses are a property interest protected by the 14th Amendment.
🔍 Key Principle: Licensees are entitled to fair administrative procedures before losing their right to practice.
B. Substance Abuse and Public Protection
Case: West Virginia Board of Dentistry v. Doe, 245 W. Va. 101 (Hypothetical)
A dentist was found to be practicing while under the influence of narcotics.
The Board revoked the license citing immediate danger to the public.
The court upheld the revocation, finding substantial evidence of impairment and public risk.
🔍 Key Principle: The Board may act swiftly to protect the public when a dentist’s behavior endangers patient safety.
C. Failure to Meet Continuing Education Requirements
Case: Jane Roe, RDH v. WV Board of Dentistry, 233 W. Va. 75 (Hypothetical)
A dental hygienist failed to complete required CE hours and was suspended.
She argued that she had not received adequate notice of the new CE policy.
The court ruled in favor of the Board, stating that professionals are responsible for staying informed of regulatory requirements.
🔍 Key Principle: Lack of knowledge of updated rules is not a defense for non-compliance.
D. Scope of Practice Violations
Case: State ex rel. WV Board of Dentistry v. Assistant Practitioner, 2016 WL 112233 (Hypothetical)
A dental assistant was performing procedures reserved for licensed dentists.
The Board issued a cease-and-desist order and fined the supervising dentist.
The court upheld the Board’s enforcement powers and penalties.
🔍 Key Principle: Strict boundaries exist between scopes of practice, and supervision responsibilities are enforceable.
🔹 Summary
| Area | Key Rule or Legal Standard |
|---|---|
| Licensing | Requires education, exams, and good moral character |
| Continuing Education | Mandatory for license renewal; enforced strictly |
| Professional Conduct | Ethical standards, malpractice prevention, and patient safety |
| Enforcement | Investigations, administrative hearings, and disciplinary sanctions |
| Due Process | Licensees are entitled to notice and hearing before disciplinary action |
| Scope of Practice | Clearly defined roles for dentists, hygienists, and assistants |
🔹 Final Notes
The West Virginia Board of Dentistry plays a critical role in maintaining public trust in dental services. Through Agency 5, it ensures that practitioners are qualified, competent, and ethical. Courts have upheld the Board’s authority to act in the public interest — but also stress the importance of fair procedures.
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