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Subchapter 001: GENERAL PROVISIONS
§ 561. Definitions
As used in this chapter:
(1) “Board” means the Board of Dental Examiners.
(2) “Director” means the Director of the Office of Professional Regulation.
(3) “Practicing dentistry” means an activity in which a person:
(A) undertakes by any means or method to diagnose or profess to diagnose or to treat or
profess to treat or to prescribe for or profess to prescribe for any lesions, diseases,
disorders, for deficiencies of the human oral cavity, teeth, gingiva, maxilla, or
mandible or adjacent associated structures;
(B) extracts human teeth or corrects malpositions of the teeth or jaws;
(C) furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges,
appliances, or other structures to be used or worn as substitutes for natural teeth
or adjusts those structures, except on the written prescription of a duly licensed
dentist and by the use of impressions or casts made by a duly licensed and practicing
dentist;
(D) administers general dental anesthetics;
(E) administers local dental anesthetics, except dental hygienists as authorized by Board
rule; or
(F) engages in any of the practices included in the curricula of recognized dental colleges.
(4) “Dental therapist” means an individual licensed to practice as a dental therapist
under this chapter.
(5) “Dental hygienist” means an individual licensed to practice as a dental hygienist
under this chapter.
(6) “Dental assistant” means an individual registered to practice as a dental assistant
under this chapter.
(7) “Direct supervision” means supervision by a licensed dentist who is readily available
at the dental facility for consultation or intervention.
(8) “General supervision” means:
(A) the direct or indirect oversight of a dental therapist by a dentist, which need not
be on-site; or
(B) the oversight of a dental hygienist by a dentist as prescribed by Board rule in accordance
with sections 582 and 624 of this chapter. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 562. Prohibitions
(a) No person may use in connection with a name any words, including “Doctor of Dental
Surgery” or “Doctor of Dental Medicine,” or any letters, signs, or figures, including
the letters “D.D.S.” or “D.M.D.,” that imply that a person is a licensed dentist when
not authorized under this chapter.
(b) No person may practice as a dentist, dental therapist, or dental hygienist unless
currently licensed to do so under the provisions of this chapter.
(c) No person may practice as a dental assistant unless currently registered under the
provisions of this chapter.
(d) A person who violates this section shall be subject to the penalties provided in 3 V.S.A. § 127. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 563. Exemptions
The provisions of this chapter shall not apply to the following:
(1) the rights and privileges of physicians licensed under the laws of this State.
(2) an unlicensed person from performing merely mechanical work upon inert matter in a
dental office or laboratory.
(3) a dental student currently enrolled in a dental school or college accredited by the
Commission on Dental Accreditation of the American Dental Association who:
(A) provides dental treatment under the supervision of a licensed dentist at a State hospital
or under licensed instructors within a dental school, college, or dental department
of a university recognized by the Board;
(B) serves as an intern in any hospital approved by the Board; or
(C) participates in a supervised externship program authorized by a dental school recognized
by the Board in order to provide dental treatment under the direct supervision of
a dentist licensed under the provisions of this chapter.
(4) upon prior application and approval by the Board, a student of a dental school or
college accredited by the Commission on Dental Accreditation of the American Dental
Association who provides dental treatment for purposes of clinical study under the
direct supervision and instruction and in the office of a licensed dentist.
(5) a dentist licensed in another state from consulting with a dentist licensed under
the provisions of this chapter. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 564. Ownership and operation of a dental office or business
(a) A dental practice may be owned and operated by the following individuals or entities,
either alone or in a combination thereof:
(1) a dentist licensed under the provisions of this chapter;
(2) a health department or clinic of this State or of a local government agency;
(3) a federally qualified health center or community health center designated by the U.S.
Department of Health and Human Services to provide dental services;
(4) a 501(c)(3) nonprofit or charitable dental organization;
(5) a hospital licensed under the laws of this State;
(6) an institution or program accredited by the Commission on Dental Accreditation of
the American Dental Association to provide education and training.
(b) The surviving spouse, the executor, or the administrator of the estate of a licensed
dentist or the spouse of an incapacitated licensed dentist may employ a dentist licensed
under the provisions of this chapter to terminate the practice of the deceased or
incapacitated dentist within a reasonable length of time. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 565. Display of license or registration
Every dentist, dental therapist, dental hygienist, and dental assistant shall display
a copy of his or her current license or registration at each place of practice and
in such a manner so as to be easily seen and read. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 566. Nondental anesthesia
(a) A dentist may administer nondental anesthesia if he or she meets the following requirements:
(1) the administration of anesthesia occurs only in a hospital where the dentist is credentialed
to perform nondental anesthesiology;
(2) the dentist holds an academic appointment in anesthesiology at an accredited medical
school;
(3) the dentist has successfully completed a full anesthesiology residency in a program
approved by the Accreditation Council for Graduate Medical Education;
(4) the dentist has a diploma from the National Board of Anesthesiology; and
(5) the dentist practicing nondental anesthesia is held to the same standard of care as
a physician administering anesthesia under the same or similar circumstances.
(b) The Board shall refer a complaint or disciplinary proceeding about a dentist arising
from his or her administration of nondental anesthesiology to the Board of Medical
Practice, which shall have jurisdiction to investigate and sanction and limit or revoke
the dentist’s license to the same extent that it may for physicians licensed under
chapter 23 of this title. (Added 2011, No. 116 (Adj. Sess.), § 13.)
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Subchapter 002: BOARD OF DENTAL EXAMINERS
§ 581. Creation; qualifications
(a) The State Board of Dental Examiners is created and shall consist of six licensed dentists
in good standing who have practiced in this State for a period of five years or more
and are in active practice; two licensed dental hygienists who have practiced in this
State for a period of at least three years immediately preceding the appointment and
are in active practice; one registered dental assistant who has practiced in this
State for a period of at least three years immediately preceding the appointment and
is in active practice; and two members of the public who are not associated with the
practice of dentistry.
(b) Board members shall be appointed by the Governor pursuant to 3 V.S.A. §§ 129b and 2004.
(c) A member of the Board shall not be an officer or serve on a committee of his or her
respective state or local professional dental, dental therapy, dental hygiene, or
dental assisting organization. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 156 (Adj. Sess.), § 16; 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 582. Authority of the Board
In addition to any other provisions of law, the Board shall have the authority to:
(1) provide general information to applicants;
(2) explain complaint and appeal procedures to applicants, licensees, registrants, and
the public;
(3) adopt rules pursuant to the Vermont Administrative Procedure Act:
(A) as necessary to carry out the provisions of this chapter;
(B) relating to qualifications of applicants, examinations, and granting and renewal of
licenses and registrations;
(C) relating to the granting or renewal of a license to those who do not meet active practice
requirements;
(D) setting standards for the continuing education of persons licensed or registered under
this chapter;
(E) establishing requirements for licensing dental hygienists with five years of regulated
practice experience;
(F) setting educational standards and standards of practice for the administration of
anesthetics in the dental office;
(G) for the administration of local anesthetics by dental hygienists, including minimum
education requirements and procedures for administration of local anesthetics;
(H) setting guidelines for general supervision of dental hygienists, to be known as “public-health
hygienists,” who may perform tasks in the settings set forth in section 624 of this
chapter; and
(I) prescribing minimum educational, training, experience, and supervision requirements
and professional standards necessary for practice pursuant to this chapter as a dental
assistant; and
(4) undertake any other actions or procedures specified in, required by, or appropriate
to carry out the provisions of this chapter. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2019, No. 30, § 10.)
§ 583. Meetings
The Board shall meet at least annually on the call of the Chair or two members. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 584. Unprofessional conduct
The Board may refuse to give an examination or issue a license to practice dentistry,
to practice as a dental therapist, or to practice dental hygiene or to register an
applicant to be a dental assistant and may suspend or revoke any such license or registration
or otherwise discipline an applicant, licensee, or registrant for unprofessional conduct.
Unprofessional conduct means the following conduct and the conduct set forth in 3 V.S.A. § 129a by an applicant or person licensed or registered under this chapter:
(1) abandonment of a patient;
(2) rendering professional services to a patient if the dentist, dental therapist, dental
hygienist, or dental assistant is intoxicated or under the influence of drugs;
(3) promotion of the sale of drugs, devices, appliances, goods, or services provided for
a patient in a manner to exploit the patient for financial gain or selling, prescribing,
giving away, or administering drugs for other than legal and legitimate therapeutic
purposes;
(4) division of or agreeing to divide with any person for bringing or referring a patient
the fees received for providing professional services to the patient;
(5) willful misrepresentation in treatments;
(6) practicing a profession regulated under this chapter with a dentist, dental therapist,
dental hygienist, or dental assistant who is not legally practicing within the State
or aiding or abetting such practice;
(7) gross and deceptive overcharging for professional services on single or multiple occasions,
including filing of false statements for collection of fees for which services are
not rendered;
(8) permitting one’s name, license, or registration to be used by a person, group, or
corporation when not actually in charge of or responsible for the treatment given;
(9) practicing dentistry or maintaining a dental office in a manner so as to endanger
the health or safety of the public; or
(10) holding out to the public as being specially qualified or announcing specialization
in any branch of dentistry by using terms such as “specialist in” or “practice limited
to” unless:
(A) the American Dental Association has formally recognized the specialty and an appropriate
certifying board for the specialty;
(B) the dentist has met the educational requirements and standards set forth by the Commission
on Dental Accreditation for the specialty; or
(C) the dentist is a diplomate of the specialty certifying board recognized by the American
Dental Association. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
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Subchapter 003A: DENTAL THERAPISTS
§ 611. License by examination
(a) Qualifications for examination. To be eligible for examination for licensure as a dental therapist, an applicant shall:
(1) have attained the age of majority;
(2) be a Vermont-licensed dental hygienist;
(3) be a graduate of a dental therapist educational program administered by an institution
accredited by the Commission on Dental Accreditation to train dental therapists;
(4) have successfully completed an emergency office procedure course approved by the Board;
and
(5) pay the application fee set forth in section 662 of this chapter and an examination
fee established by the Board by rule.
(b) Completion of examination.
(1)(A) An applicant for licensure meeting the qualifications for examination set forth in
subsection (a) of this section shall pass a comprehensive, competency-based clinical
examination approved by the Board and administered independently of an institution
providing dental therapist education.
(B) An applicant shall also pass an examination testing the applicant’s knowledge of the
Vermont statutes and rules relating to the practice of dentistry approved by the Board.
(2) An applicant who has failed the clinical examination twice is ineligible to retake
the clinical examination until further education and training are obtained as established
by the Board by rule.
(c) The Board may grant a license to an applicant who has met the requirements of this
section.
(d) A person licensed as a dental therapist under this section shall not be required to
maintain his or her dental hygienist license. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 612. License by endorsement
(a) The Board may grant a license as a dental therapist to an applicant who:
(1) is currently licensed in good standing to practice as a dental therapist in any jurisdiction
of the United States or Canada that has licensing requirements deemed by the Board
to be at least substantially equivalent to those of this State;
(2) has passed an examination testing the applicant’s knowledge of the Vermont statutes
and rules relating to the practice of dentistry approved by the Board;
(3) has successfully completed an emergency office procedure course approved by the Board;
(4) has met active practice requirements and any other requirements established by the
Board by rule; and
(5) pays the application fee set forth in section 662 of this chapter.
(b) [Repealed.] (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; amended 2017, No. 48, § 10.)
§ 613. Practice; scope of practice
(a) A person who provides oral health care services, including prevention, evaluation,
and assessment; education; palliative therapy; and restoration under the general supervision
of a dentist within the parameters of a collaborative agreement as provided under
section 614 of this subchapter shall be regarded as practicing as a dental therapist
within the meaning of this chapter.
(b) A dental therapist may perform the following oral health care services:
(1) Oral health instruction and disease prevention education, including nutritional counseling
and dietary analysis.
(2) Periodontal charting, including a periodontal screening examination.
(3) Exposing radiographs.
(4) Oral evaluation and assessment of dental disease.
(5) Dental prophylaxis.
(6) Mechanical polishing.
(7) Applying topical preventive or prophylactic agents, including fluoride varnishes,
antimicrobial agents, and pit and fissure sealants.
(8) Pulp vitality testing.
(9) Applying desensitizing medication or resin.
(10) Fabricating athletic mouthguards.
(11) Suture removal.
(12) Changing periodontal dressings.
(13) Brush biopsies.
(14) Administering local anesthetic.
(15) Placement of temporary restorations.
(16) Interim therapeutic restorations.
(17) Placement of temporary and preformed crowns.
(18) Emergency palliative treatment of dental pain in accordance with the other requirements
of this subsection.
(19) Formulating an individualized treatment plan, including services within the dental
therapist’s scope of practice and referral for services outside the dental therapist’s
scope of practice.
(20) Minor repair of defective prosthetic devices.
(21) Recementing permanent crowns.
(22) Placement and removal of space maintainers.
(23) Prescribing, dispensing, and administering analgesics, anti-inflammatories, and antibiotics,
except Schedule II, III, or IV controlled substances.
(24) Administering nitrous oxide.
(25) Fabricating soft occlusal guards, but not for treatment of temporomandibular joint
disorders.
(26) Tissue conditioning and soft reline.
(27) Tooth reimplantation and stabilization.
(28) Extractions of primary teeth.
(29) Nonsurgical extractions of periodontally diseased permanent teeth with tooth mobility
of +3. A dental therapist shall not extract a tooth if it is unerupted, impacted,
fractured, or needs to be sectioned for removal.
(30) Cavity preparation.
(31) Restoring primary and permanent teeth, not including permanent tooth crowns, bridges,
veneers, or denture fabrication.
(32) Preparation and placement of preformed crowns for primary teeth.
(33) Pulpotomies on primary teeth.
(34) Indirect and direct pulp capping on primary and permanent teeth. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 614. Collaborative agreement
(a) Before a dental therapist may enter into his or her first collaborative agreement,
he or she shall:
(1) complete 1,000 hours of direct patient care using dental therapy procedures under
the direct supervision of a dentist; and
(2) receive a certificate of completion signed by that supervising dentist that verifies
the dental therapist completed the hours described in subdivision (1) of this subsection.
(b) In order to practice as a dental therapist, a dental therapist shall enter into a
written collaborative agreement with a dentist. The agreement shall include:
(1) practice settings where services may be provided and the populations to be served;
(2) any limitations on the services that may be provided by the dental therapist, including
the level of supervision required by the supervising dentist;
(3) age- and procedure-specific practice protocols, including case selection criteria,
assessment guidelines, and imaging frequency;
(4) a procedure for creating and maintaining dental records for the patients that are
treated by the dental therapist;
(5) a plan to manage medical emergencies in each practice setting where the dental therapist
provides care;
(6) a quality assurance plan for monitoring care provided by the dental therapist, including
patient care review, referral follow-up, and a quality assurance chart review;
(7) protocols for prescribing, administering, and dispensing medications, including the
specific conditions and circumstances under which these medications may be prescribed,
dispensed, and administered;
(8) criteria relating to the provision of care to patients with specific medical conditions
or complex medication histories, including requirements for consultation prior to
the initiation of care;
(9) criteria for the supervision of dental assistants and dental hygienists; and
(10) a plan for the provision of clinical resources and referrals in situations that are
beyond the capabilities of the dental therapist.
(c)(1) The supervising dentist shall be professionally responsible and legally liable for
all services authorized and performed by the dental therapist pursuant to the collaborative
agreement.
(2) A supervising dentist shall be licensed and practicing in Vermont.
(3) A supervising dentist is limited to entering into a collaborative agreement with no
more than two dental therapists at any one time.
(d)(1) A collaborative agreement shall be signed and maintained by the supervising dentist
and the dental therapist.
(2) A collaborative agreement shall be reviewed, updated, and submitted to the Board on
an annual basis and as soon as a change is made to the agreement.
(e) Nothing in this chapter shall be construed to require a dentist to enter into a collaborative
agreement with a dental therapist. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 615. Application of other laws
(a) A dental therapist authorized to practice under this chapter shall not be in violation
of section 562 of this chapter as it relates to the unauthorized practice of dentistry
if the practice is authorized under this chapter and under the collaborative agreement.
(b) A dentist who permits a dental therapist to perform a dental service other than those
authorized under this chapter or any dental therapist who performs an unauthorized
service shall be in violation of section 584 of this chapter. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 616. Use of dental hygienists and dental assistants
(a) A dental therapist may supervise dental assistants and dental hygienists directly
to the extent permitted in the collaborative agreement.
(b) At any one practice setting, a dental therapist may have under his or her direct supervision
no more than a total of two assistants or hygienists or a combination thereof. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 617. Referrals
(a) The supervising dentist shall refer patients to another dentist or specialist to provide
any necessary services needed by a patient that are beyond the scope of practice of
the dental therapist and which the supervising dentist is unable to provide.
(b) A dental therapist, in accordance with the collaborative agreement, shall refer patients
to another qualified dental or health care professional to receive any needed services
that exceed the scope of practice of the dental therapist. (Added 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
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Subchapter 004: DENTAL HYGIENISTS
§ 621. License by examination
To be eligible for licensure as a dental hygienist, an applicant shall:
(1) have attained the age of majority;
(2) be a graduate of a program of dental hygiene accredited by the Commission on Dental
Accreditation of the American Dental Association;
(3) present to the Board a certificate of the National Board of Dental Examiners;
(4) have completed an approved emergency office procedure course;
(5) have passed the American Board of Dental Examiners (ADEX) examination or other examination
approved by the Board; and
(6) have passed the dental hygienist jurisprudence examination. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 622. Licensure by endorsement
The Board may grant a license to practice dental hygiene to an applicant who is a
graduate of a program of dental hygiene accredited by the Commission on Dental Accreditation
of the American Dental Association and who:
(1) is currently licensed in good standing to practice dental hygiene in any jurisdiction
of the United States or Canada that has licensing requirements deemed by the board
to be substantially equivalent to those of this State;
(2) has successfully completed an approved emergency office procedures course;
(3) has successfully completed the dental hygienist jurisprudence examination; and
(4) has met active practice and any other requirements established by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 623. Licensure by endorsement based on training and experience
The Board may grant a license to an applicant who has met the training and experience
requirements established by the Board by rule under its authority provided in this
chapter. (Added 2011, No. 116 (Adj. Sess.), § 13.)
§ 624. Practice
(a) A dental hygienist may perform duties for which the dental hygienist has been qualified
by successful completion of the normal curriculum offered by programs of dental hygiene
accredited by the American Dental Association or in continuing education courses approved
by the Board. A dental hygienist may perform tasks in the office of any licensed dentist
consistent with rules adopted by the Board.
(b) A public-health hygienist, who shall be a dental hygienist with no fewer than three
years of experience, may perform tasks in out-of-office settings, including residences,
schools, nursing home and long-term care facilities, clinics, hospitals, medical facilities,
community health centers licensed or approved by the Department of Health, Head Start
programs, and any other facilities or programs deemed appropriate by the Department
of Health in a manner consistent with rules adopted by the Board.
(c)(1) A dental hygienist, when authorized by the Board by rule, may administer local anesthetics
under the direct supervision and by the prescription of a licensed dentist.
(2) The license of a dental hygienist authorized by Board rule to administer local anesthetics
shall have a special endorsement to that effect.
(d) A public health hygienist, who has completed training approved by the Vermont Department
of Health in the silver modified atraumatic restorative technique (SMART), may use
SMART to treat patients in a manner consistent with rules adopted by the Board. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2013, No. 27, § 3; 2019, No. 30, § 10; 2023, No. 77, § 4, eff. June 20, 2023.)
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Subchapter 006: RENEWALS, CONTINUING EDUCATION, AND FEES
§ 661. Renewal of license
(a) Licenses and registrations shall be renewed every two years on a schedule determined
by the Office of Professional Regulation.
(b) No continuing education reporting is required at the first biennial license renewal
date following licensure.
(c) The Board may waive continuing education requirements for licensees who are on active
duty in the U.S. Armed Forces.
(d) Dentists.
(1) To renew a license, a dentist shall meet active practice requirements established
by the Board by rule and document completion of no fewer than 30 hours of Board-approved
continuing professional education, which shall include an emergency office procedures
course during the two-year licensing period preceding renewal.
(2) Any dentist who has not been in active practice for a period of five years or more
shall be required to meet the renewal requirements established by the Board by rule.
(e) Dental therapists. To renew a license, a dental therapist shall meet active practice requirements established
by the Board by rule and document completion of no fewer than 20 hours of Board-approved
continuing professional education, which shall include an emergency office procedures
course during the two-year licensing period preceding renewal.
(f) Dental hygienists. To renew a license, a dental hygienist shall meet active practice requirements established
by the Board by rule and document completion of no fewer than 18 hours of Board-approved
continuing professional education, which shall include an emergency office procedures
course during the two-year licensing period preceding renewal.
(g) Dental assistants. To renew a registration, a dental assistant shall meet the requirements established
by the Board by rule. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016.)
§ 662. Fees
(a) Applicants and persons regulated under this chapter shall pay the following fees:
(1) Application
| |
(A) |
Dentist |
$285.00 |
| |
(B) |
Dental therapist |
$215.00 |
| |
(C) |
Dental hygienist |
$200.00 |
| |
(D) |
Dental assistant |
$80.00 |
(2) Biennial renewal
| |
(A) |
Dentist |
$655.00 |
| |
(B) |
Dental therapist |
$310.00 |
| |
(C) |
Dental hygienist |
$245.00 |
| |
(D) |
Dental assistant |
$105.00 |
(b) The licensing fee for a dentist, dental therapist, or dental hygienist or the registration
fee for a dental assistant who is otherwise eligible for licensure or registration
and whose practice in this State will be limited to providing pro bono services at
a free or reduced-fee clinic or similar setting approved by the Board shall be waived. (Added 2011, No. 116 (Adj. Sess.), § 13; amended 2015, No. 161 (Adj. Sess.), § 2, eff. June 2, 2016; 2019, No. 70, § 15; 2023, No. 77, § 24, eff. June 20, 2023.)
§§ 662-664. Repealed. 1997, No. 40, § 17.
§ 663. Repealed. 2017, No. 144 (Adj. Sess.), § 14.
§§ 665-667. Repealed. 1997, No. 40, § 17.
§§ 668-681. Repealed. 1997, No. 40, § 17.