ORS 679.020
Practice of dentistry or operating dental office without license prohibited

  • exceptions

(1)

A person may not practice dentistry without a license.

(2)

Only a person licensed as a dentist by the Oregon Board of Dentistry may own, operate, conduct or maintain a dental practice, office or clinic in this state.

(3)

The restrictions of subsection (2) of this section, as they relate to owning and operating a dental office or clinic, do not apply to a dental office or clinic owned or operated by any of the following:

(a)

A labor organization as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) and 663.005 (Definitions) (6), or to any nonprofit organization formed by or on behalf of such labor organization for the purpose of providing dental services. Such labor organization must have had an active existence for at least three years, have a constitution and bylaws, and be maintained in good faith for purposes other than providing dental services.

(b)

The School of Dentistry of the Oregon Health and Science University.

(c)

Public universities listed in ORS 352.002 (Public universities).

(d)

Local governments.

(e)

Institutions or programs accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training.

(f)

Nonprofit corporations organized under Oregon law to provide dental services to rural areas and medically underserved populations of migrant, rural community or homeless individuals under 42 U.S.C. 254b or 254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

(g)

Nonprofit charitable corporations as described in section 501(c)(3) of the Internal Revenue Code and determined by the Oregon Board of Dentistry as providing dental services by volunteer licensed dentists to populations with limited access to dental care at no charge or a substantially reduced charge.

(h)

Nonprofit charitable corporations as described in section 501(c)(3) of the Internal Revenue Code and determined by the Oregon Board of Dentistry as having an existing program that provides medical and dental care to medically underserved children with special needs at an existing single fixed location or multiple mobile locations.

(i)

Nonprofit charitable corporations as described in section 501(c)(3) of the Internal Revenue Code and determined by the board as providing dental services to individuals who are 65 years of age or older and individuals who are unable to stand or walk unassisted.

(4)

For the purpose of owning or operating a dental office or clinic, an entity described in subsection (3) of this section must:

(a)

Except as provided in ORS 679.022 (Exemption from naming licensed dentist as director for accredited institutions and programs), name an actively licensed dentist as its dental director, who shall be subject to the provisions of ORS 679.140 (Discipline of licensee) in the capacity as dental director. The dental director, or an actively licensed dentist designated by the director, shall have responsibility for the clinical practice of dentistry, which includes, but is not limited to:

(A)

Diagnosis of conditions within the human oral cavity and its adjacent tissues and structures.

(B)

Prescribing drugs that are administered to patients in the practice of dentistry.

(C)

The treatment plan of any dental patient.

(D)

Overall quality of patient care that is rendered or performed in the practice of dentistry.

(E)

Supervision of dental hygienists, dental assistants or other personnel involved in direct patient care and the authorization for procedures performed by them in accordance with the standards of supervision established by statute or by the rules of the board.

(F)

Other specific services within the scope of clinical dental practice.

(G)

Retention of patient dental records as required by statute or by rule of the board.

(H)

Ensuring that each patient receiving services from the dental office or clinic has a dentist of record.

(I)

The prescription and administration of vaccines.

(b)

Maintain current records of the names of licensed dentists who supervise the clinical activities of dental hygienists, dental assistants or other personnel involved in direct patient care utilized by the entity. The records must be available to the board upon written request.

(5)

Subsections (1) and (2) of this section do not apply to an expanded practice dental hygienist who renders services authorized by a permit issued by the board pursuant to ORS 680.200 (Issuing expanded practice permit).

(6)

Nothing in this chapter precludes a person or entity not licensed by the board from:

(a)

Ownership or leasehold of any tangible or intangible assets used in a dental office or clinic. These assets include real property, furnishings, equipment and inventory but do not include dental records of patients related to clinical care.

(b)

Employing or contracting for the services of personnel other than licensed dentists.

(c)

Management of the business aspects of a dental office or clinic that do not include the clinical practice of dentistry.

(7)

If all of the ownership interests of a dentist or dentists in a dental office or clinic are held by an administrator, executor, personal representative, guardian, conservator or receiver of the estate of a former shareholder, member or partner, the administrator, executor, personal representative, guardian, conservator or receiver may retain the ownership interest for a period of 12 months following the creation of the ownership interest. The board shall extend the ownership period for an additional 12 months upon 30 days’ notice and may grant additional extensions upon reasonable request. [Amended by 1977 c.192 §1; 1985 c.323 §3; 1995 c.286 §29; 1997 c.251 §6; 2003 c.322 §1; 2009 c.223 §1; 2011 c.637 §284; 2011 c.716 §4; 2013 c.310 §2; 2015 c.391 §1; 2019 c.58 §5; 2021 c.366 §11]
Note: The amendments to 679.020 (Practice of dentistry or operating dental office without license prohibited) by section 12, chapter 366, Oregon Laws 2021, become operative January 1, 2023. See section 13, chapter 366, Oregon Laws 2021. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
679.020 (Practice of dentistry or operating dental office without license prohibited). (1) A person may not practice dentistry without a license.

(2)

Only a person licensed as a dentist by the Oregon Board of Dentistry may own, operate, conduct or maintain a dental practice, office or clinic in this state.

(3)

The restrictions of subsection (2) of this section, as they relate to owning and operating a dental office or clinic, do not apply to a dental office or clinic owned or operated by any of the following:

(a)

A labor organization as defined in ORS 243.650 (Definitions for ORS 243.650 to 243.809) and 663.005 (Definitions) (6), or to any nonprofit organization formed by or on behalf of such labor organization for the purpose of providing dental services. Such labor organization must have had an active existence for at least three years, have a constitution and bylaws, and be maintained in good faith for purposes other than providing dental services.

(b)

The School of Dentistry of the Oregon Health and Science University.

(c)

Public universities listed in ORS 352.002 (Public universities).

(d)

Local governments.

(e)

Institutions or programs accredited by the Commission on Dental Accreditation of the American Dental Association to provide education and training.

(f)

Nonprofit corporations organized under Oregon law to provide dental services to rural areas and medically underserved populations of migrant, rural community or homeless individuals under 42 U.S.C. 254b or 254c or health centers qualified under 42 U.S.C. 1396d(l)(2)(B) operating in compliance with other applicable state and federal law.

(g)

Nonprofit charitable corporations as described in section 501(c)(3) of the Internal Revenue Code and determined by the Oregon Board of Dentistry as providing dental services by volunteer licensed dentists to populations with limited access to dental care at no charge or a substantially reduced charge.

(h)

Nonprofit charitable corporations as described in section 501(c)(3) of the Internal Revenue Code and determined by the Oregon Board of Dentistry as having an existing program that provides medical and dental care to medically underserved children with special needs at an existing single fixed location or multiple mobile locations.

(4)

For the purpose of owning or operating a dental office or clinic, an entity described in subsection (3) of this section must:

(a)

Except as provided in ORS 679.022 (Exemption from naming licensed dentist as director for accredited institutions and programs), name an actively licensed dentist as its dental director, who shall be subject to the provisions of ORS 679.140 (Discipline of licensee) in the capacity as dental director. The dental director, or an actively licensed dentist designated by the director, shall have responsibility for the clinical practice of dentistry, which includes, but is not limited to:

(A)

Diagnosis of conditions within the human oral cavity and its adjacent tissues and structures.

(B)

Prescribing drugs that are administered to patients in the practice of dentistry.

(C)

The treatment plan of any dental patient.

(D)

Overall quality of patient care that is rendered or performed in the practice of dentistry.

(E)

Supervision of dental hygienists, dental assistants or other personnel involved in direct patient care and the authorization for procedures performed by them in accordance with the standards of supervision established by statute or by the rules of the board.

(F)

Other specific services within the scope of clinical dental practice.

(G)

Retention of patient dental records as required by statute or by rule of the board.

(H)

Ensuring that each patient receiving services from the dental office or clinic has a dentist of record.

(I)

The prescription and administration of vaccines.

(b)

Maintain current records of the names of licensed dentists who supervise the clinical activities of dental hygienists, dental assistants or other personnel involved in direct patient care utilized by the entity. The records must be available to the board upon written request.

(5)

Subsections (1) and (2) of this section do not apply to an expanded practice dental hygienist who renders services authorized by a permit issued by the board pursuant to ORS 680.200 (Issuing expanded practice permit).

(6)

Nothing in this chapter precludes a person or entity not licensed by the board from:

(a)

Ownership or leasehold of any tangible or intangible assets used in a dental office or clinic. These assets include real property, furnishings, equipment and inventory but do not include dental records of patients related to clinical care.

(b)

Employing or contracting for the services of personnel other than licensed dentists.

(c)

Management of the business aspects of a dental office or clinic that do not include the clinical practice of dentistry.

(7)

If all of the ownership interests of a dentist or dentists in a dental office or clinic are held by an administrator, executor, personal representative, guardian, conservator or receiver of the estate of a former shareholder, member or partner, the administrator, executor, personal representative, guardian, conservator or receiver may retain the ownership interest for a period of 12 months following the creation of the ownership interest. The board shall extend the ownership period for an additional 12 months upon 30 days’ notice and may grant additional extensions upon reasonable request.

Source: Section 679.020 — Practice of dentistry or operating dental office without license prohibited; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors679.­html.

679.010
Definitions
679.020
Practice of dentistry or operating dental office without license prohibited
679.022
Exemption from naming licensed dentist as director for accredited institutions and programs
679.025
License required to practice dentistry
679.027
Enjoining violations
679.050
Nonresident dentists giving or receiving instruction
679.060
Application for license
679.065
Qualifications of applicants
679.070
Examination
679.080
Reexamination of applicants
679.090
Issuance of license
679.115
Licensing of dental instructor
679.120
Fees
679.140
Discipline of licensee
679.160
Appeal from board decision
679.165
Automatic suspension of license in case of mental disorder
679.170
Prohibited practices
679.176
Written work orders required for certain services
679.180
Enforcement
679.230
Oregon Board of Dentistry
679.250
Powers and duties of board
679.253
Authority of board to require fingerprints
679.255
Board to adopt standards for sedation during dental procedures
679.260
Oregon Board of Dentistry Account
679.280
Dental committees or consultants for improving standards of practice
679.290
Failure to comply with subpoena issued by board
679.300
Privileged data
679.310
Duty to report violations
679.320
Confidentiality of information provided to board
679.323
Removal of individual disciplinary information
679.500
Administration of local anesthesia for certain purposes
679.510
Liability insurance for retired dentist
679.520
Treatment of dental waste materials containing mercury
679.525
Amalgam separators required in certain dental facilities
679.530
Information about oral prosthetic devices
679.535
Requirement to test heat sterilization device
679.540
Oral disease prevention services
679.543
Use of telehealth by dental care provider
679.546
Advertising as specialist
679.549
Expression of regret or apology
679.552
Prescription and administration of vaccines
679.600
Definitions for ORS 679.600 to 679.630
679.603
Dental therapy license
679.606
Examinations, reexamination
679.609
Grounds for refusal to issue or renew license
679.612
Prohibition on unauthorized practice, use of title
679.615
Fees
679.618
Collaborative agreement required to practice dental therapy
679.621
Dental therapist scope of practice
679.624
Dental therapist authority to perform specified procedures
679.627
Discipline
679.630
Rules
679.991
Penalties
Green check means up to date. Up to date