Commerce, Occupational and Professional Licensing

Rule R156-69

Dentist and Dental Hygienist Practice Act Rule

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34500
Filed: 03/10/2011 10:46:41 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Title 58, Chapter 69, provides for the licensure of dentists and dental hygienists. Subsection 58-1-106(1)(a) provides that the Division may adopt and enforce rules to administer Title 58. Subsection 58-69-201(3)(a) provides that the Dentist and Dental Hygienist Licensing Board's duties and responsibilities shall be in accordance with Section 58-1-202. Subsection 58-1-202(1)(a) provides that one of the duties of each board is to recommend appropriate rules to the Division Director. This rule was enacted to clarify the provisions of Title 58, Chapter 69, with respect to dentists and dental hygienists.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Since the rule was last reviewed in June 2006, the Division has only received one written comment. A 06/10/2009 email from Barbara Lowery, Professional Affairs Manager, AAOMS (American Association of Oral and Maxillofacial Surgeons), was received in which she submitted a suggested technical correction to Subsection R156-69-202(4)(c) to utilize the "Use of Sedation and General Anesthesia by Dentists" document which was adopted by the American Dental Association in October 2007. The Division and Dentists and Dental Hygienists Licensing Board reviewed Ms. Lowery's suggested change and chose to stay with the "Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students" document which was published by the American Dental Association in October 2007.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule should be continued as it provides a mechanism to inform potential licensees of the requirements for licensure as allowed under statutory authority provided in Title 58, Chapter 69, with respect to dentists and dental hygienists. The rule should also be continued as it provides information to ensure applicants for licensure are adequately trained and meet minimum licensure requirements and provides licensees with information concerning unprofessional conduct definitions and ethical standards relating to the profession.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Noel Taxin at the above address, by phone at 801-530-6621, by FAX at 801-530-6511, or by Internet E-mail at ntaxin@utah.gov

Authorized by:

Mark Steinagel, Director

Effective:

03/10/2011