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An Act
ENROLLED HOUSE
BILL NO. 3934 By: Smith of the House
and
Pederson of the Senate
An Act relating to professions and occupations;
amending 59 O.S. 2021, Section 328.3, as last amended
by Section 2, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.3), which relates to the practice
of dentistry definitions; updating certain
definitions; amending 59 O.S. 2021, Section 328.17,
as amended by Section 3, Chapter 273, O.S.L. 2025 (59
O.S. Supp. 2025, Section 328.17), which relates to
standing committees; adding a reference to the Dental
Practice Committee; amending 59 O.S. 2021, Section
328.19, as last amended by Section 4, Chapter 273,
O.S.L. 2025 (59 O.S. Supp. 2025, Section 328.19),
which relates to acts constituting practice of
dentistry; requiring auxiliary health care providers
to limit practice within scope of dentistry; amending
59 O.S. 2021, Section 328.21, as last amended by
Section 5, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.21), which relates to application
of dental licensure; updating approved accredited
programs; amending 59 O.S. 2021, Section 328.22, as
amended by Section 3, Chapter 220, O.S.L. 2023 (59
O.S. Supp. 2025, Section 328.22), which relates to
specialty licenses; specifying requirements to
represent oneself as a dental specialist; amending 59
O.S. 2021, Section 328.23, which relates to temporary
licensing of dentists and dental hygienists; updating
the required examination; amending 59 O.S. 2021,
Section 328.23a, as last amended by Section 4,
Chapter 46, O.S.L. 2024 (59 O.S. Supp. 2025, Section
328.23a), which relates to special volunteer licenses
for dentist and dental hygienist; allowing dental
assistants to work under certain procedures; amending
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59 O.S. 2021, Section 328.24, as last amended by
Section 6, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.24), which relates to dental
assistant permits; allowing specific exemptions for
dental assistants to work outside of the direct
supervision of a dentist; amending 59 O.S. 2021,
Section 328.29a, as last amended by Section 11,
Chapter 273, O.S.L. 2025 (59 O.S. Supp. 2025, Section
328.29a), which relates to dental assistants;
updating language; amending 59 O.S. 2021, Section
328.31, which relates to Board of Dentistry
requirements; removing requirement to publish an
annual summary of the registry; amending 59 O.S.
2021, Section 328.31b, as last amended by Section 13,
Chapter 273, O.S.L. 2025 (59 O.S. Supp. 2025, Section
328.31b), which relates to maintenance and retention
of written records; removing requirements of
maintaining certain records; amending 59 O.S. 2021,
Section 328.34, as amended by Section 6, Chapter 220,
O.S.L. 2023 (59 O.S. Supp. 2025, Section 328.34),
which relates to the scope of practice for dental
hygienists; updating scope of practice; amending 59
O.S. 2021, Section 328.54, which relates to the
practice of dentistry via Internet; allowing for a
patient of record to be established under certain
circumstances; creating procedures for foreign-
trained dentist licensure; providing for
codification; providing an effective date; and
declaring an emergency.
SUBJECT: Professions and occupations
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.3, as
last amended by Section 2, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.3), is amended to read as follows:
Section 328.3. As used in the State Dental Act, the following
words, phrases, or terms, unless the context otherwise indicates,
shall have the following meanings:
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1. "Accredited dental college" means an institution whose
dental educational program is accredited by the Commission on Dental
Accreditation of the American Dental Association, or the Commission
on Dental Accreditation of Canada (CADA) or another accrediting
association recognized by the United States Department of Education;
2. "Accredited dental hygiene program" means a dental hygiene
educational program which is accredited by the Commission on Dental
Accreditation of the American Dental Association, or the Commission
on Dental Accreditation of Canada (CADA) or another accrediting
association recognized by the United States Department of Education;
3. "Accredited dental assisting program or class" means a
dental assisting program which is accredited by the Commission on
Dental Accreditation of the American Dental Association or another
accrediting association recognized by the United States Department
of Education or a class approved by the Board of Dentistry;
4. "Advanced procedure" means a dental procedure for which a
dental hygienist has received special training in a course of study
approved by the Board;
5. "Board" means the Board of Dentistry;
6. "Certified dental assistant" means a dental assistant who
has earned and maintains current certified dental assistant
certification from the Dental Assisting National Board (DANB);
7. "Coronal polishing" means a procedure limited to the removal
of plaque and stain from exposed tooth surfaces, utilizing a slow
speed hand piece with a prophy/polishing cup or brush and polishing
agent and is not prophylaxis. To be considered prophylaxis,
examination for calculus and scaling must be done by a dental
hygienist or dentist;
8. "Deep sedation" means a drug-induced depression of
consciousness during which patients cannot be easily aroused but
respond purposefully following repeated or painful stimulation. The
ability to independently maintain ventilator function may be
impaired. Patients may require assistance in maintaining a patent
airway, and spontaneous ventilation may be inadequate.
Cardiovascular function is usually maintained;
9. "Dentistry" means the practice of dentistry in all of its
branches;
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10. "Dentist" means a graduate of an accredited dental college
who has been issued a license by the Board to practice dentistry as
defined in Section 328.19 of this title;
11. "Dental ambulatory surgical center (DASC)" means a facility
that operates exclusively for the purpose of furnishing outpatient
surgical services to patients. A DASC shall have the same
privileges and requirements as a dental office and additionally must
be an accredited facility by the appropriate entity;
12. "Dental appliance" means a dental appliance, prosthetic
denture, bridge, restoration, or other device made for an individual
patient for a purpose listed in Section 328.19 of this title;
13. "Dental office" means an establishment owned and operated
by a dentist for the practice of dentistry, which may be composed of
reception rooms, business offices, private offices, laboratories,
and dental operating rooms where dental operations are performed;
14. "Dental hygiene" means the science and practice of the
promotion of oral health and prevention and treatment of oral
disease through the provision of educational, therapeutic, clinical,
and preventive services;
15. "Dental hygienist" means an individual who has fulfilled
the educational requirements and is a graduate of an accredited
dental hygiene program and who has passed an examination and has
been issued a license by the Board and who is authorized to practice
dental hygiene as defined in this section;
16. "Dental assistant" means an individual working for a
dentist, under the dentist's general, direct supervision or direct
visual supervision, and performing duties in the dental office or a
treatment facility including the limited treatment of patients in
accordance with the provisions of the State Dental Act. A dental
assistant may assist a dentist with the patient; provided, this
shall be done only under the direct supervision or direct visual
supervision and control of the dentist and only in accordance with
the educational requirements and rules promulgated by the Board;
17. "Dental laboratory" means a location, whether in a dental
office or not, where a dentist or a dental laboratory technician
performs dental laboratory technology;
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18. "Dental laboratory technician" means an individual whose
name is duly filed in the official records of the Board, which
authorizes the technician, upon the laboratory prescription of a
dentist, to perform dental laboratory technology, which services
must be rendered only to the prescribing dentist and not to the
public;
19. "Dental laboratory technology" means using materials and
mechanical devices for the construction, reproduction or repair of
dental restorations, appliances or other devices to be worn in a
human mouth;
20. "Dental specialty" means a specialized practice of a branch
of dentistry, recognized by the Board, where the dental college and
specialty program are accredited by the Commission on Dental
Accreditation (CODA), or a dental specialty recognized by the Board,
requiring a minimum number of hours of approved education and
training and/or recognition by a nationally recognized association
or accreditation board;
21. "Direct supervision" means the supervisory dentist is in
the dental office or treatment facility and, during the appointment,
personally examines the patient, diagnoses any conditions to be
treated, and authorizes the procedures to be performed by a dental
hygienist or dental assistant. The supervising dentist is
continuously on-site and physically present in the dental office or
treatment facility while the procedures are being performed and,
before dismissal of the patient, evaluates the results of the dental
treatment;
22. "Direct visual supervision" means the supervisory dentist
has direct ongoing visual oversight which shall be maintained at all
times during any procedure authorized to be performed by a dental
assistant;
23. "Expanded duty" means a dental procedure for which a dental
assistant has received special training in a course of study
approved by the Board;
24. "Fellowship" means a program designed for post-residency
graduates to gain knowledge and experience in a specialized field;
25. "General anesthesia" means a drug-induced loss of
consciousness during which patients are not arousable, even by
painful stimulation. The ability to independently maintain
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ventilator function is often impaired. Patients often require
assistance in maintaining a patent airway, and positive pressure
ventilation may be required because of depressed spontaneous
ventilation or drug-induced depression of neuromuscular function.
Cardiovascular function may be impaired;
26. "General supervision" means the supervisory dentist has
diagnosed any conditions to be treated within the past thirteen (13)
months, has personally authorized the procedures to be performed by
a dental hygienist, and will evaluate the results of the dental
treatment within a reasonable time as determined by the nature of
the procedures performed, the needs of the patient, and the
professional judgment of the supervisory dentist. General
supervision may only be used to supervise a dental hygienist and may
not be used to supervise a dental assistant except as provided by
subsection I of Section 328.24 and Section 328.58 of this title;
27. "Indirect supervision" means the supervisory dentist is in
the dental office or treatment facility and has personally diagnosed
any conditions to be treated, authorizes the procedures to be
performed by a dental hygienist, remains in the dental office or
treatment facility while the procedures are being performed, and
will evaluate the results of the dental treatment within a
reasonable time as determined by the nature of the procedures
performed, the needs of the patient, and the professional judgment
of the supervisory dentist. Indirect supervision may not be used
for a dental assistant;
28. "Investigations" means an investigation proceeding,
authorized under Sections 328.15A and 328.43a of this title, to
investigate alleged violations of the State Dental Act or the rules
of the Board;
29. "Laboratory prescription" means a written description,
dated and signed by a dentist, of dental laboratory technology to be
performed by a dental laboratory technician;
30. "Minimal sedation" means a minimally depressed level of
consciousness, produced by a pharmacological method, that retains
the patient's ability to independently and continuously maintain an
airway and respond normally to tactile stimulation and verbal
command. Although cognitive function and coordination may be
modestly impaired, ventilator and cardiovascular functions are
unaffected;
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31. "Mobile dental anesthesia provider" means a licensed and
anesthesia-permitted dentist, physician or Certified Registered
Nurse Anesthetist (CRNA) that has a mobile dental unit and provides
anesthesia in dental offices and facilities in the state;
32. "Mobile dental clinic" means a permitted motor vehicle or
trailer utilized as a dental clinic, and/or that contains dental
equipment and is used to provide dental services to patients on-site
and shall not include a mobile dental anesthesia provider. A mobile
dental clinic shall also mean and include a volunteer mobile dental
facility that is directly affiliated with a church or religious
organization as defined by Section 501(c)(3) or 501(d) of the United
States Internal Revenue Code, the church or religious organization
with which it is affiliated is clearly indicated on the exterior of
the volunteer mobile dental facility, and such facility does not
receive any form of payment either directly or indirectly for work
provided to patients other than donations through the affiliated
church or religious organization; provided, that the volunteer
mobile dental facility shall be exempt from any registration fee
required under the State Dental Act;
33. "Moderate sedation" means a drug-induced depression of
consciousness during which patients respond purposefully to verbal
commands, either alone or accompanied by light tactile stimulation.
No interventions are required to maintain a patent airway, and
spontaneous ventilation is adequate. Cardiovascular function is
usually maintained;
34. "Prophylaxis" means the removal of any and all calcareous
deposits, stains, accretions or concretions from the supragingival
and subgingival surfaces of human teeth, utilizing instrumentation
by scaler or periodontal curette on the crown and root surfaces of
human teeth including rotary or power-driven instruments. This
procedure may only be performed by a dentist or dental hygienist;
35. "Patient" or "patient of record" means an individual who
has given a medical history and has been examined and accepted by a
dentist for dental care;
36. "Residencies" are programs designed for advanced clinical
and didactic training in general dentistry or other specialties or
other specialists at the post-doctoral level recognized by the
Commission on Dental Accreditation (CODA) or the Board;
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37. "Supervision" means direct supervision, direct visual
supervision, indirect supervision or general supervision;
38. "Teledentistry" means the remote delivery of dental patient
care via telecommunications and other technology for the exchange of
clinical information and images for dental consultation, preliminary
treatment planning and patient monitoring; and
39. "Treatment facility" means:
a. a federal, tribal, state or local public health
facility,
b. a Federally Qualified Health Center (FQHC),
c. a private health facility,
d. a group home or residential care facility serving the
elderly, disabled or juveniles,
e. a hospital or dental ambulatory surgery center (DASC),
f. a nursing home,
g. a penal institution operated by or under contract with
the federal or state government,
h. a public or private school,
i. a patient of record's private residence,
j. a mobile dental clinic,
k. a church with a nonprofit clinic,
l. a dental college, dental program, dental hygiene
program or dental assisting program accredited by the
Commission on Dental Accreditation, or
l.
m. such other places as are authorized by the Board.
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SECTION 2. AMENDATORY 59 O.S. 2021, Section 328.17, as
amended by Section 3, Chapter 273, O.S.L. 2025 (59 O.S. Supp. 2025,
Section 328.17), is amended to read as follows:
Section 328.17. A. 1. The Board of Dentistry shall have the
following standing committees that shall meet once per year and
other times as needed to study issues affecting the practice of
dentistry and the safety of the public and to make recommendations
to the Board:
a. Dental Practice Committee,
b. Anesthesia Committee,
c. Specialty Practice Committee,
d. Historical and Retirement Committee, and
e. Assistants, Dental Labs and Other Auxiliary Personnel
Committee.
2. Each committee shall be cochaired by a current or past Board
member to be appointed by the Board President with approval by the
Board and a member of a statewide organization representing dentists
as recommended by such organization.
3. Each committee may have up to ten committee members with the
exception of the Dental Practice and Anesthesia Committee Committees
which may have up to eighteen members, exclusive of the cochairs.
4. The Board President, with approval of the Board, shall
appoint all committee members. One-half (1/2 or 50%) of the
committee members shall be recommended by the Board and one-half
(1/2 or 50%) of the committee members shall be recommended to the
Board President by a statewide organization representing dentists.
5. Committee members shall be on staggered three-year terms and
shall serve at the pleasure of the Board.
B. There shall be a Dental Hygiene Advisory Committee to be
composed of the following members:
1. One current dental hygiene member of the Board;
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2. Two dental hygienists recommended by the Board and two
dental hygienists recommended by a statewide organization
representing dental hygienists;
3. The Committee shall have the following functions:
a. to develop and propose recommendations to the Board
regarding the education, examination, licensure, and
regulation of dental hygienists,
b. to advise the Board in rulemaking regarding dental
hygiene,
c. to hold meetings at least annually, but not more than
six (6) times a year, and
d. to work directly with the Allied Dental Education
Committee in reviews and recommendations for
equivalent dental hygiene programs; and
4. Members of the Committee shall be appointed by the Board and
shall serve a term of three (3) years. Appointments shall be made
so that approximately one-third (1/3 or 33%) of the Committee is
reappointed at any given time. Members may be appointed for
consecutive terms if recommended by the Board President and approved
by the Board.
C. There shall be an Allied Dental Education Committee.
1. The Board President shall appoint all members of the Allied
Dental Education Committee upon approval by the Board;
2. The Allied Dental Education Committee shall:
a. review the standards and equivalency of in-state and
out-of-state dental and auxiliary program requirements
and make recommendations to the Board,
b. evaluate individual credentials and programs for the
purpose of issuing dental assistant expanded duty
permits and dental hygiene advanced procedure permits
from persons holding out-of-state licenses and permits
based on CODA or DANB programs and criteria as defined
by the State Dental Act and other statutes and shall
make recommendations to the Board,
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c. recommend standards and guidelines and review criteria
for all expanded duty programs or courses for dental
assistants from CODA approved programs and non-CODA
approved providers and advanced procedures of dental
hygienists from CODA approved programs or training and
non-CODA approved programs or training to the Board,
and
d. recommend and develop guidelines for classroom,
electronic media and other forms of education and
testing;
3. The Committee shall meet as deemed necessary by the Board
President; and
4. The Committee may have up to ten (10) members of whom three
shall have a background in dental education. The Committee shall be
composed of:
a. the Board President or his or her designee who must be
a current or past Board Member,
b. the hygiene member of the Board or their designee who
must be a current or past Board Member,
c. the Dean of the University of Oklahoma College of
Dentistry or his or her designee, and
d. up to seven at-large members, one of which must be an
educator and one of which must have a current
Certified Dental Assistant Permit.
D. The Board President shall have the authority to appoint
other ad hoc committees as needed.
E. All Committee members of standing committees, the Hygiene
Committee and the Allied Dental Education Committee shall serve
staggered three-year terms and serve at the pleasure of the Board.
SECTION 3. AMENDATORY 59 O.S. 2021, Section 328.19, as
last amended by Section 4, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.19), is amended to read as follows:
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Section 328.19. A. The following acts by any person shall be
regarded as practicing dentistry within the meaning of the State
Dental Act:
1. Representing oneself to the public as being a dentist or as
one authorized to practice dentistry;
2. Representing oneself to the public as being able to diagnose
or examine clinical material or contract for the treating thereof;
3. Representing oneself as treating or professing to treat by
professional instructions or by advertised use of professional
equipment or products;
4. Representing oneself to the public as treating any of the
diseases or disorders or lesions of the oral cavity, teeth, gums,
maxillary bones, and associate structures;
5. Removing human teeth;
6. Repairing or filling cavities in human teeth;
7. Correcting or attempting to correct malposed teeth;
8. Administering anesthetics, general or local;
9. Treating deformities of the jaws and adjacent structures;
10. Using x-ray and interpreting dental x-ray film;
11. Offering, undertaking or assisting, by any means or
methods, to remove stains, discolorations, or concretions from the
teeth; provided, that this paragraph shall not preclude or prohibit
the sale of any teeth whitening kit designed for self-administration
as approved by the United States Food and Drug Administration;
12. Operating or prescribing for any disease, pain, injury,
deficiency, deformity, or any physical condition connected with the
human mouth;
13. Taking impressions of the teeth and jaws;
14. Furnishing, supplying, constructing, reproducing, or
repairing, or offering to furnish, supply, construct, reproduce, or
repair, prosthetic dentures, sometimes known as plates, bridges, or
ENR. H. B. NO. 3934 Page 13
other substitutes for natural teeth for the user or prospective user
thereof;
15. Adjusting or attempting to adjust any prosthetic denture,
bridge, appliance, or any other structure to be worn in the human
mouth;
16. Diagnosing, making, and adjusting appliances to artificial
casts of malposed teeth for treatment of the malposed teeth in the
human mouth, without instructions;
17. Writing a laboratory prescription to a dental laboratory or
dental laboratory technician for the construction, reproduction or
repair of any appliance or structure to be worn in the human mouth;
18. Owning, maintaining, or operating an office or offices by
holding a financial interest in same for the practice of dentistry;
or
19. Any other procedure otherwise defined in the State Dental
Act requiring a valid license or permit to perform while the person
does not hold such valid license or permit issued by the Board.
B. The fact that a person uses any dental degree, or
designation, or any card, device, directory, poster, sign or other
media representing oneself to be a dentist shall be prima facie
evidence that the person is engaged in the practice of dentistry;
provided that nothing in this section shall be so construed as to
prevent the following:
1. Physicians or surgeons, who are licensed under the laws of
this state, from administering any kind of treatment coming within
the province of medicine or surgery;
2. The practice of dentistry in the discharge of the person's
official duties by dentists in the United States Army, the United
States Navy, the United States Air Force, the United States Marine
Corps, the United States Coast Guard, the United States Public
Health Service, or the United States Veterans Administration;
3. Dental schools or colleges, as now conducted and approved,
or as may be approved, and the practice of dentistry by students in
dental schools, colleges or hospitals, approved by the Board, when
acting under the direction and supervision of licensed dentists or
dentists holding properly issued permits acting as instructors;
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4. Acts of a dental clinician or other participant at a dental
educational meeting or at an accredited dental college, when no fee
is charged to or paid by a patient;
5. The practice of dental hygiene, as defined herein, by a
person granted a license by the Board;
6. The performing of acts by a dental assistant who performs
the acts under the general, direct supervision or direct visual
supervision of a dentist and in accordance with the provisions of
the State Dental Act and the rules promulgated by the Board; or
7. The fabrication of dental appliances pursuant to a
laboratory prescription of a dentist, by a dental laboratory
technician in a dental laboratory using inert materials and
mechanical devices for the fabrication of any restoration, appliance
or thing to be worn in the human mouth.
C. Any auxiliary health care provider, licensed or permitted by
the state that is working under the supervision of a dentist, shall
be limited to practicing within the scope of dentistry.
SECTION 4. AMENDATORY 59 O.S. 2021, Section 328.21, as
last amended by Section 5, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.21), is amended to read as follows:
Section 328.21. A. No person shall practice dentistry, dental
hygiene, or dental assisting without first applying for and
obtaining a license from the Board of Dentistry.
B. Application shall be made to the Board in writing and shall
be accompanied by the fee established by the rules of the Board,
together with satisfactory proof that the applicant:
1. Is of good moral character;
2. Is twenty-one (21) years of age, or over, at the time of
making application to practice dentistry or eighteen (18) years of
age, or over, if the applicant is to practice dental hygiene;
3. Has passed a written theoretical examination and a clinical
examination approved by the Board within the previous five (5)
years; and
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4. Has passed a written jurisprudence examination over the
rules and laws affecting dentistry in this state.
C. An application from a candidate who desires to secure a
license from the Board to practice dentistry or dental hygiene in
this state shall be accompanied by satisfactory proof that the
applicant:
1. Is a graduate of an a United States or Canadian accredited
dental college, if the applicant is to practice dentistry;
2. Is a graduate of an a United States or Canadian accredited
dental hygiene program, if the applicant is to practice dental
hygiene; and
3. Has passed all portions of the National Board Dental
Examination or the National Board Dental Hygiene Examination.
D. Pursuant to Section 328.15 of this title, the Board may
affiliate as a member state, and accept regional exams from the
Commission on Dental Competency Assessments (CDCA-WREB-CITA)
American Board of Dental Examiners (ADEX) if the following
requirements are included:
1. For dental licensing the following components on a live
patient or manikin:
a. a fixed prosthetic component of the preparation of an
anterior all porcelain crown and the preparation of a
three-unit posterior bridge,
b. a periodontal component,
c. an endodontic component,
d. an anterior class III and posterior class II
restorative component,
e. a diagnosis and treatment planning section as approved
by the Board, as specified in Section 328.15 of this
title, and
f. the Board may determine equivalencies based on
components of other exams for the purpose of
credentialing; or
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2. For dental hygienists licensing the following components on
a live patient or manikin:
a. clinical patient treatments with an evaluation of
specific clinical skills, and
b. evaluation of the candidate's compliance with
professional standards during the treatment as
approved by the Board in Section 328.15 of this title
and shall include:
(1) extra/intra oral assessment,
(2) periodontal probing, and
(3) scaling/subgingival calculus removal and
supragingival deposit removal.
3. The Board President may authorize the approval of a regional
or state exam, which includes the components listed in paragraphs 1
and 2 of this subsection, for any person holding a dental or dental
hygiene license in excess of ten (10) years with no Board action.
E. When the applicant and the accompanying proof are found
satisfactory, the Board shall notify the applicant to appear for the
jurisprudence examination at the time and place to be fixed by the
Board. A dental student or a dental hygiene student in the
student's last semester of a dental or dental hygiene program,
having met all other requirements, may make application and take the
jurisprudence examination with a letter from the dean of the dental
school or director of the hygiene program stating that the applicant
is a candidate for graduation within the next six (6) months.
F. The Board shall require every applicant for a license to
practice dentistry or dental hygiene to submit, for the files of the
Board, a copy of a dental degree or dental hygiene degree, an
official transcript, a recent photograph duly identified and
attested, and any other information as required by the Board.
G. Any applicant who fails to pass the jurisprudence
examination may apply for a second examination, in which case the
applicant shall pay a reexamination fee as established by the
statutes or rules of the State Dental Act.
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H. A dentist or dental hygienist currently licensed in another
state having met the qualifications in paragraphs 1 through 3 of
subsections B and C of this section may apply for a license by
credentials upon meeting the following:
1. A dentist holding a general dentist license in good standing
and having practiced for at least five hundred (500) hours within
the previous five (5) years immediately prior to application and
having passed a regional examination substantially equivalent to the
requirements for this state may apply for licensure by credentials;
2. A dental hygienist holding a dental hygiene license in good
standing and having practiced for at least four hundred twenty (420)
hours within the previous five (5) years immediately prior to
application and having passed a regional examination substantially
equivalent to the requirements for this state may apply for
licensure by credentials. Applicants for credentialing must
include:
a. a letter of good standing from all states in which the
applicant has ever been licensed, and
b. any other requirements as set forth by the rules;
3. An applicant applying for a dental or dental hygiene license
by credentials shall only be required to pass the jurisprudence
portion of the examination requirements as set forth in paragraph 4
of subsection B of this section; and
4. The spouse of an active duty military member pursuant to a
current permanent change of station order from the military who was
actively licensed in another state for the previous two (2) years
shall be eligible for a license or permit pursuant to the
requirements listed in 50 U.S.C., Section 4025(a).
I. 1. There shall be seven types of advanced procedures
available for dental hygienists upon completion of a Commission on
Dental Accreditation (CODA) approved program, course, or
certification program that has been approved by the Board:
a. administration of nitrous oxide,
b. administration of local anesthesia,
c. neuromodulator administration,
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d. therapeutic use of lasers,
e. phlebotomy,
f. venipuncture, and
g. elder care and public health pursuant to Section
328.58 of this title.
2. A dental hygienist holding an advanced procedure permit or
credential in any other state for two (2) years shall be eligible
for the advanced procedure permit by credentials; provided, that
application for the advanced procedure permit by credentials for
administration of local anesthesia shall additionally require proof
of passage of such advanced procedure in a CDCA-WREB-CITA an
American Board of Dental Examiners (ADEX) exam or another program or
certification authorized by the Board.
3. For all advanced procedures other than administration of
local anesthesia, a dental hygienist may apply by filling out an
application with required documentation of education, training as
required by state law and rules of the Board or verification of
active practice for the previous two (2) years of the advanced
procedure in a dental office. A dental hygienist licensed by the
Board prior to January 30, 2024, shall be eligible for the advanced
procedure of therapeutic use of lasers upon submission of an
affidavit attesting to two (2) years of practice using lasers.
4. All advanced procedures shall be added to the dental hygiene
license upon approval verification of documentation as listed in
paragraphs 2 and 3 of this subsection.
J. All licensees and permit holders shall display the current
permit or license in a visible place within the dental office or
treatment facility.
K. The Board shall have the authority to temporarily change
requirements of an examination due to availability or changes in the
examination format, not to exceed one (1) year.
L. During a year in which governmental officials have declared
a health pandemic, a state or federal disaster, or other natural or
man-made disaster, the Board shall have the authority through a
resolution to change or make allowances in requirements of all
ENR. H. B. NO. 3934 Page 19
candidates for licensure and issue temporary licenses for extended
periods of time or as needed until the event passes. The resolution
shall have a beginning and an end date and shall automatically
expire no less than thirty (30) days after the end of the disaster
is declared by governmental officials.
M. Every licensee or permit holder shall have an official
address and email address listed with the Board. Every licensee or
permit holder shall update the address within thirty (30) calendar
days of moving. Official notification of any action of the Board
adverse to a licensee or permit holder including but not limited to
notification of license or permit cancellation due to nonrenewal,
notice of a formal complaint, or a decision of the hearing panel or
board, shall be served to the licensee or permit holder by
registered mail at the official address, in person, to the
licensee's or permit holder's attorney, by agreement of the
individual, by a process server, or by an investigator of the Board
pursuant to Section 2004 of Title 12 of the Oklahoma Statutes.
SECTION 5. AMENDATORY 59 O.S. 2021, Section 328.22, as
amended by Section 3, Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2025,
Section 328.22), is amended to read as follows:
Section 328.22. A. 1. The Board of Dentistry may issue a
dental specialty license authorizing a dentist to represent himself
or herself to the public as a specialist, and to practice as a
specialist, in a dental specialty.
2. No dentist shall represent himself or herself to the public
as a specialist or practice as a specialist as listed in this
paragraph, unless the individual:
a. has successfully completed an advanced dental
specialty educational program accredited by the
Commission on Dental Accreditation, or has met the
board certification requirements and is recognized as
a current board-certified member of a dental specialty
organization or association recognized by the National
Commission on Recognition of Dental Specialties and
Certifying Boards,
b. has passed the jurisprudence examination covering the
State Dental Act, rules and state laws, and
ENR. H. B. NO. 3934 Page 20
c. has passed a regional examination as defined in
subsection D of Section 328.21 of this title, or is
board-certified in their specialty as described in
subsection A of this section, and
d. has completed any additional requirements set forth in
state law or rules and has been issued a dental
specialty license by the Board.
3. Specialty licenses recognized by the Board shall include:
a. dental public health,
b. endodontics,
c. oral and maxillofacial surgery,
d. oral and maxillofacial radiology,
e. orthodontics and dentofacial orthopedics,
f. pediatric dentistry,
g. periodontics,
h. prosthodontics,
i. oral and maxillofacial pathology,
j. dental anesthesiology,
k. oral medicine, and
l. orofacial pain.
B. 1. At the time of application, if the dentist has ever been
licensed in any other state, he or she shall provide a letter of
good standing from such state before the Board may issue a specialty
license.
2. In conducting an investigation of an applicant who has
applied for a dental specialty license pursuant to this subsection,
the Board shall require of the applicant disclosure of the same
background information as is required of an applicant for a license
to practice dentistry in this state.
ENR. H. B. NO. 3934 Page 21
C. Any person holding an Oklahoma specialty license that does
not have an Oklahoma general dentistry license shall be limited to
practicing that specialty for which they hold he or she holds a
license.
D. The Board may use the American Dental Association National
Commission on Recognition of Dental Specialties and Certifying
Boards guidelines or the guidelines of another nationally recognized
dental association or board for the purpose of defining a specialty
practice area not otherwise defined herein.
SECTION 6. AMENDATORY 59 O.S. 2021, Section 328.23, is
amended to read as follows:
Section 328.23. A. The President of the Board, upon
verification that a person meets the requirements provided for in
this section and any other requirements provided for in the State
Dental Act, may issue an emergency temporary license to practice
dentistry for thirty (30) days. A temporary license may be extended
but shall not exceed ninety (90) days or the next available
regularly scheduled Board meeting.
B. The President of the Board, upon verification that a person
meets the requirements provided for in the State Dental Act, may
issue an emergency temporary license to practice dental hygiene,
which shall expire as of the date of the next dental hygiene
clinical examination in Oklahoma, as required by the Board.
C. An active duty military spouse residing with the active duty
member having met the requirements for licensure shall be eligible
for a temporary license.
D. Any applicant requesting an emergency temporary license
shall submit a letter explaining the exigent circumstances along
with all application materials. The determination of whether or not
to grant the emergency temporary license based upon the exigent
circumstances shall be at the sole discretion of the President or
acting President of the Board.
E. A holder of a temporary license to practice dentistry or
dental hygiene shall have the same rights and privileges and be
governed by the State Dental Act and the rules of the Board in the
same manner as a holder of a permanent license to practice dentistry
and dental hygiene.
ENR. H. B. NO. 3934 Page 22
F. The President of the Board may authorize patient treatment
and care by individuals taking the Commission on Dental Competency
Assessments (CDCA) or the Western Regional Examining Board exam
American Board of Dental Examiners (ADEX), or other regional exams
as approved by the Board, in order for such individuals to complete
criteria related to Board examinations. The Board may authorize
specialty examinations to be given throughout the year as needed.
SECTION 7. AMENDATORY 59 O.S. 2021, Section 328.23a, as
last amended by Section 4, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
2025, Section 328.23a), is amended to read as follows:
Section 328.23a. A. There is established a special volunteer
license for dentists and a special volunteer license for dental
hygienists who are retired from active practice or out-of-state
licensees in active practice who are in the Oklahoma Medical Reserve
Corps or assisting with emergency management, emergency operations
or hazard mitigation in response to any emergency, man-made disaster
or natural disaster, or participating in public health initiatives,
disaster drills and community service events that are endorsed by a
city or county health department or the State Department of Health
and wish to donate their expertise for the dental care and treatment
of indigent and needy persons of the state. A special volunteer
license may also be issued for any live patient training approved by
the Board of Dentistry. The special volunteer license shall be:
1. Issued by the Board of Dentistry to eligible persons;
2. Issued without the payment of an application fee, license
fee or renewal fee;
3. Issued or renewed without any continuing education
requirements for a period less than one (1) calendar year; and
4. Issued for one (1) calendar year or part thereof.
B. A special volunteer license may be issued for a dentist or
dental hygienist who is on active duty military service. This
license shall not be subject to paragraph 4 of subsection A of this
section and may be issued for the time period of the tour of duty.
C. A dentist or dental hygienist must meet the following
requirements to be eligible for a special volunteer license:
ENR. H. B. NO. 3934 Page 23
1. Completion of a special volunteer dental or dental hygiene
license application including documentation of the dental or dental
hygiene school graduation and practice history;
2. Documentation that the dentist or dental hygienist has been
previously issued a full and unrestricted license to practice
dentistry or dental hygiene in this state or in another state of the
United States and that he or she has never been the subject of any
reportable medical or dental disciplinary action in any
jurisdiction. If the dentist or dental hygienist is licensed in
more than one state and any license of the licensee is suspended,
revoked, or subject to any agency order limiting or restricting
practice privileges, or has been voluntarily terminated under threat
of sanction, the dentist or dental hygienist shall be ineligible to
receive a special volunteer license;
3. Acknowledgement and documentation that the dentist's or
dental hygienist's practice under the special volunteer license will
be exclusively and totally devoted to providing dental care to needy
and indigent persons in this state;
4. Acknowledgement and documentation that the dentist or dental
hygienist will not receive or have the expectation to receive any
payment or compensation, either direct or indirect, for any dental
services rendered under the special volunteer license; and
5. A listing of all locations and dates that the person will be
completing volunteer work under the special volunteer license.
D. The Board of Dentistry shall have jurisdiction over
dentists, dental hygienists, dental assistants and dental
technicians who volunteer their professional services in the state.
Dental assistants and dental technicians shall work under the direct
supervision of a dentist. A dental assistant may work under general
supervision of a dentist to assist a hygienist with a procedure that
the hygienist is allowed to perform under general supervision as
listed in Section 328.34 of this title.
E. Dental assistants may be issued a volunteer permit at the
request of an entity that provides dental services to the needy.
Volunteers in a volunteer initiative who are not dentists or dental
hygienists shall be named and provided on a list to the Board by the
entity hosting the volunteer initiative with any other requirements
as set forth by the Board. The Board shall provide written
documentation to the host entity designating all persons who may
ENR. H. B. NO. 3934 Page 24
participate in the volunteer initiative including authorization of
the timetable requested by the host entity for granting licensure
exemption. Any person working under a volunteer dental assistant
permit shall not receive payment or compensation for any services
rendered under the volunteer dental assistant permit. Volunteer
dental assistant permits shall be limited to specific dates and
locations of services to be provided.
F. All persons providing care shall do so under the provisions
specified in Section 328.1 et seq. of this title or rules
promulgated by the Board. Only those functions authorized by law or
administrative rule shall be performed by the named person approved
by the Board.
G. Volunteers shall not use sedation or general anesthesia
during volunteer procedures.
H. Volunteers shall use a form to be provided by the Board for
any patient with clear instructions for any and all follow-up care.
I. At any time, the Board shall revoke a volunteer license
based on documentation of failure to participate according to state
laws or administrative rules.
J. A special volunteer license shall be restricted to services
provided at the locations listed on the application or for a
specific not-for-profit treatment provider group as approved by the
Board.
K. A special volunteer license may be issued to a dentist with
an active license in good standing in another state for the purpose
of participating in a continuing education class that includes live
patient treatment as a part of the training program.
SECTION 8. AMENDATORY 59 O.S. 2021, Section 328.24, as
last amended by Section 6, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.24), is amended to read as follows:
Section 328.24. A. No person shall practice as a dental
assistant without first applying for and obtaining a permit from the
Board of Dentistry.
B. The application shall be made to the Board in writing and
shall be accompanied by the fee established by the Board, together
ENR. H. B. NO. 3934 Page 25
with satisfactory proof that the applicant passes a background check
with criteria established by the Board.
C. Every dental assistant receiving a permit shall complete a
class on infection control as approved by the Board within one (1)
year from the date of receipt of the permit. Failure to complete
the class shall be grounds for discipline pursuant to Section
328.29a of this title.
D. There shall be eight types of expanded duty permits
available for dental assistants upon completion of a program
approved by the Commission on Dental Accreditation (CODA) or a
course that has been approved by the Board:
1. Radiation safety;
2. Coronal polishing and topical fluoride;
3. Sealants;
4. Assisting in the administration of nitrous oxide;
5. Phlebotomy;
6. Venipuncture;
7. Elder care and public health; or
8. Oral maxillofacial surgery. An oral maxillofacial surgery
expanded duty permit shall be available to a dental assistant who
has met the requirements as listed in Section 328.25 of this title
and assists a dentist, pediatric dentist, or oral maxillofacial
surgeon who holds a parenteral or general anesthesia permit;
provided, only the dentist, pediatric dentist, or oral maxillofacial
surgeon, or an anesthesiologist or a Certified Registered Nurse
Anesthetist, may administer anesthesia and assess the patient's
level of sedation and only the dentist, pediatric dentist, or oral
maxillofacial surgeon may perform surgery.
All expanded duties shall be added to the dental assistant
permit upon approval by the Board.
E. The training requirements for all expanded duty permits
shall be set forth by the Board. A program that is not CODA-
ENR. H. B. NO. 3934 Page 26
certified must meet the standards set forth and be approved by the
Board.
F. An applicant for a dental assistant permit who has graduated
from a dental assisting program accredited by CODA and has passed
the jurisprudence examination shall receive all expanded duty
permits provided for in subsection D of this section if the course
materials approved by the Board are covered in the program.
G. A dental assistant who holds an out-of-state dental
assistant permit with expanded duties may apply for credentialing
and reciprocity for a dental assistant permit including any expanded
duty by demonstrating the following:
1. The dental assistant has had a valid dental assistant permit
in another state for a minimum of two (2) years and is in good
standing;
2. The dental assistant has had a valid expanded duty in
another state for a minimum of one (1) year; and
3. The dental assistant provides a certificate or proof of
completion of an educational class for the expanded duty and that
the dental assistant has been providing this treatment to dental
patients while working as a dental assistant in a dental office for
one (1) year.
H. Any person having served in the military as a dental
assistant shall receive credentialing and reciprocity for expanded
functions by demonstrating the following:
1. Proof of military service in excess of two (2) years with
any certifications or training in the expanded function areas; and
2. Verification from the commanding officer of the medical
program or the appropriate supervisor stating that the dental
assistant provided the expanded functions on patients in the
military dental facility for a minimum of one (1) year within the
past five (5) years.
I. Dental assistants are required to work under the direct
supervision of a dentist for all procedures with the following
exceptions:
ENR. H. B. NO. 3934 Page 27
1. A dental assistant may complete radiation safety under the
general supervision of a dentist; and
2. A dental assistant may work under general supervision of a
dentist to assist a hygienist with a procedure that the hygienist is
allowed to perform under general supervision.
SECTION 9. AMENDATORY 59 O.S. 2021, Section 328.29a, as
last amended by Section 11, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.29a), is amended to read as follows:
Section 328.29a. A. The following acts or occurrences by a
dental assistant shall constitute grounds for which the penalties
specified in Section 328.44a of this title may be imposed by the
Board of Dentistry or be the basis for denying a new applicant any
license or permit issued by the Board:
1. Any of the causes now existing in the laws of this state;
2. A violation of the provisions of the State Dental Act; or
3. A violation of the rules of the Board promulgated pursuant
to the State Dental Act.
B. The Board shall also have the power to act upon a petition
by a dental assistant for reinstatement to good standing. The Board
shall keep a record of the evidence and proceedings in all matters
involving the revocation or suspension of a permit, censure or
probation of a dental assistant. The Board shall make findings of
fact and a decision thereon. Notification of the licensee or permit
holder shall occur pursuant to Section 328.21 of this title.
C. The decision shall be final unless the dental assistant
appeals the decision as provided by the State Dental Act.
D. The Board shall have power to revoke or suspend the permit,
censure, or place on probation a dental assistant for a violation of
one or more of the following:
1. Pleading guilty or nolo contendere to, or being convicted
of, a felony crime that substantially relates to the occupation of a
dental assistant and poses a reasonable threat to public safety, or
a violation of federal or state controlled dangerous substances
laws;
ENR. H. B. NO. 3934 Page 28
2. Presenting to the Board a false application or documentation
for a permit;
3. Being, by reason of persistent inebriety or addiction to
drugs, incompetent to continue to function as a dental assistant;
4. Functioning outside the general, direct or direct visual
supervision of a dentist for a procedure authorized by this act;
5. Performing any function prohibited by Chapter 15 of the
Oklahoma Administrative Code or any violation that would be a
violation for a dentist or hygienist under Section 328.32 or 328.33
of this title, or any other duty not assignable to a dental
assistant; or
6. Failure to secure an annual registration as specified in
Section 328.41 of this title.
E. The Board's review panel, as set forth in Section 328.43a of
this title, upon concurrence with the president of the Board, may
determine that an emergency exists to temporarily suspend the permit
of a dental assistant if the panel finds that public health, safety
or welfare imperatively requires emergency action. The panel may
conduct a hearing pursuant to Section 314 of Title 75 of the
Oklahoma Statutes for the temporary suspension.
F. As used in this section:
1. "Substantially relates" means the nature of criminal conduct
for which the person was convicted has a direct bearing on the
fitness or ability to perform one or more of the duties or
responsibilities necessarily related to the occupation; and
2. "Poses a reasonable threat" means the nature of criminal
conduct for which the person was convicted involved an act or threat
of harm against another and has a bearing on the fitness or ability
to serve the public or work with others in the occupation.
SECTION 10. AMENDATORY 59 O.S. 2021, Section 328.31, is
amended to read as follows:
Section 328.31. A. Professional entities formed pursuant to
the Professional Entity Act, for the purpose of rendering
professional services by a dentist, shall be subject to all of the
provisions of the State Dental Act, except that professional
ENR. H. B. NO. 3934 Page 29
entities shall not be required to obtain a license from the Board of
Dentistry. Individuals who hold a license issued by the Board shall
be responsible, pursuant to the State Dental Act, for their personal
conduct without regard to the fact that they are acting as an owner,
manager, agent or employee of, or the holder of an interest in, a
professional entity.
B. Professional entities formed for the purpose of rendering
professional services by a dentist must register with the Board
before rendering such services and must update the registration
during the renewal period of each year. The Board shall:
1. Provide the form and establish the fee for the registration
and update; and
2. Maintain a registry of all such professional entities; and
3. Publish annually a summary of the registry.
C. The Board is authorized to issue certificates pursuant to
Section 804 of Title 18 of the Oklahoma Statutes and shall maintain
a record of each certificate issued.
D. Enforcement actions by the Board for violation of the State
Dental Act or the rules of the Board may be brought against a
professional entity as well as against any individual who is or has
acted as an owner, manager, agent or employee of, or the holder of
an interest in, the professional entity.
SECTION 11. AMENDATORY 59 O.S. 2021, Section 328.31b, as
last amended by Section 13, Chapter 273, O.S.L. 2025 (59 O.S. Supp.
2025, Section 328.31b), is amended to read as follows:
Section 328.31b. A. Every dental office or treatment facility,
whether individual, group or multi-doctor practice operating under a
name, trade name or other professional entity shall maintain written
records on each patient treated at the facility and shall make these
records available to the Board of Dentistry and other regulatory
entities or be subject to the penalties as set forth in Section
328.44a of this title.
B. Each licensed dentist shall maintain written records on each
patient that shall contain, at a minimum, the following information
about the patient:
ENR. H. B. NO. 3934 Page 30
1. A current health history listing known illnesses, other
treating physicians and current medications prescribed;
2. Results of a clinical examination, including a physical
intraoral examination and head and neck examination, tests
conducted, and any lab results including the identification, or lack
thereof, of any oral pathology or diseases;
3. Treatment plan proposed by the dentist; and
4. Treatment rendered to the patient. The patient record shall
clearly identify the dentist and the dental hygienist or dental
assistant providing the treatment with the dentist, specialty or
dental hygienist license number. The patient record shall include
documentation of any medications prescribed, administered or
dispensed to the patient.
C. Prior to a dentist prescribing, diagnosing, or overseeing
patient treatment for any dental appliance, the patient shall be a
patient of record and the dentist shall conduct an in-person patient
examination.
D. 1. The name of the dentist or dentists actually providing
the dental services to the patient shall appear on all insurance
claim forms, billing invoices, or statements sent to the patient and
on all receipts if any are given to the patient.
2. Treatment records shall be maintained for each patient that
clearly identify the dentist or dentists, hygienists or dental
assistants who performed all dental services for the patient.
E. Whenever patient records are released or transferred, the
dentist releasing or transferring the records shall maintain either
the original records or copies thereof and a notation shall be made
in the retained records indicating to whom the records were released
or transferred.
F. All claims being submitted for insurance must be signed,
stamped or have an electronic signature by the treating dentist.
G. Patient records may be kept in an electronic data format,
provided that the dentist maintains a backup copy of information
stored in the data processing system using disk, tape or other
electronic back-up system and that backup is updated on a regular
basis, at least weekly, to assure that data is not lost due to
ENR. H. B. NO. 3934 Page 31
system failure. Any electronic data system shall be capable of
producing a hard copy on demand.
H. All patient records shall be maintained for seven (7) years
from the date of treatment.
I. Each licensed dentist shall retain a copy of each entry in
his or her patient appointment book, calendar, or such other log,
calendar, book, file or computer data used in lieu of an appointment
book for a period no less than seven (7) years from the date of each
entry thereon.
J. A licensee closing an office shall notify the Board in
writing and include the location of where the patient records will
be maintained.
SECTION 12. AMENDATORY 59 O.S. 2021, Section 328.34, as
amended by Section 6, Chapter 220, O.S.L. 2023 (59 O.S. Supp. 2025,
Section 328.34), is amended to read as follows:
Section 328.34. A. A dental hygienist may practice dental
hygiene under the supervision of a dentist in a dental office or
treatment facility. A dentist may employ not more than the
equivalent of three full-time dental hygienists for each dentist
actively practicing in the same dental office. Employing the
equivalent of three dental hygienists shall mean the employment or
any combination of full- or part-time dental hygienists not to
exceed one hundred twenty (120) hours per week per dentist.
B. 1. A dentist may delegate to a dental hygienist the
following procedures:
a. the duties and expanded duties authorized for dental
assistants by the State Dental Act or the rules of the
Board of Dentistry,
b. health history assessment pertaining to dental
hygiene,
c. dental hygiene examination and the charting of intra-
oral and extra-oral conditions, which include
periodontal charting, dental charting and classifying
occlusion,
ENR. H. B. NO. 3934 Page 32
d. dental hygiene assessment and treatment planning for
procedures authorized by the supervisory dentist,
e. prophylaxis, which means the removal of any and all
calcareous deposits, stains, accretions, or
concretions from the supragingival and subgingival
surfaces of human teeth, utilizing instrumentation by
scaler or periodontal curette on the crown and root
surfaces of human teeth, including rotary or power-
driven instruments. This paragraph shall not be
construed to prohibit the use of a prophy/polishing
cup or brush on the crowns of human teeth by a dental
assistant who holds a current expanded duty permit for
coronal polishing and topical fluoride issued by the
Board,
f. periodontal scaling and root planing,
g. dental hygiene nutritional and dietary evaluation,
h. placement of subgingival prescription drugs for
prevention and treatment of periodontal disease,
i. soft tissue curettage,
j. placement of temporary fillings,
k. removal of overhanging margins,
l. dental implant maintenance,
m. removal of periodontal packs,
n. polishing of amalgam restorations, and
o. other procedures authorized by the Board.
2. The procedures specified in subparagraphs b through o of
paragraph 1 of this subsection may be performed only by a dentist or
a dental hygienist.
3. Except as provided in subsections C and D of this section,
the procedures specified in paragraph 1 of this subsection may be
performed by a dental hygienist only on a patient of record and only
under the supervision of a dentist. The advanced procedures of
ENR. H. B. NO. 3934 Page 33
administration of nitrous oxide, therapeutic use of lasers and
administration of local anesthesia, may be performed under general
supervision and neuromodulator administration, therapeutic use of
lasers, and phlebotomy and venipuncture shall be performed only
under the direct or indirect supervision of a dentist. The level of
supervision, whether direct, indirect, or general, for the advanced
procedure of elder care and public health pursuant to Section 7
328.24 of this act title shall be at the discretion of the
supervisory dentist. Authorization for general supervision shall be
limited to a maximum of thirteen (13) months following an
examination by the supervisory dentist of a patient of record.
C. 1. A dentist may authorize procedures to be performed by a
dental hygienist, without complying with the provisions of paragraph
3 of subsection B of this section, if:
a. the dental hygienist has at least two (2) years'
experience in the practice of dental hygiene,
b. the authorization to perform the procedures is in
writing and signed by the dentist, and
c. the procedures are performed during an initial visit
to a person in a treatment facility, or pursuant to
Section 7 328.24 of this act title.
2. The person upon whom the procedures are performed must be
referred to a dentist after completion of the procedures performed
pursuant to paragraph 1 of this subsection.
3. A dental hygienist shall not perform a second set of
procedures on a person pursuant to this subsection until the person
has been examined and accepted for dental care by a dentist.
4. The treatment facility in which any procedure is performed
by a dental hygienist pursuant to this subsection shall note each
such procedure in the medical records of the person upon whom the
procedure was performed and list the dentist that authorized the
hygienist to perform the procedures signed by the hygienist.
D. A treatment facility may employ dental hygienists whose
services shall be limited to the examination of teeth and the
teaching of dental hygiene or as otherwise authorized by the Board.
ENR. H. B. NO. 3934 Page 34
E. The Board is authorized to prescribe, by rule, the
educational requirements for advanced procedures that may be
performed by a dental hygienist upon receipt of the advanced
procedures designated on his or her license. The advanced
procedures shall include the administration of local anesthesia, the
administration of nitrous oxide analgesia, neuromodulator
administration, therapeutic use of lasers, phlebotomy and
venipuncture, and elder care and public health pursuant to Section 7
328.24 of this act title.
F. A dental hygienist shall not own or operate an independent
practice of dental hygiene.
G. Nothing in the State Dental Act shall be construed to
prohibit a dentist from performing any of the procedures that may be
performed by a dental hygienist.
H. Nothing in the State Dental Act shall be construed to allow
a dental assistant to work under the supervision of a dental
hygienist while acting under direct, indirect or general
supervision, except as provided by subsection I of Section 7 328.24
and Section 328.58 of this act title.
SECTION 13. AMENDATORY 59 O.S. 2021, Section 328.54, is
amended to read as follows:
Section 328.54. A. Any person conducting a diagnosis for the
purpose of prescribing medication or treatment or any other action
determined to be a dental practice as defined by the State Dental
Act, via the Internet or other telecommunications device on any
patient that is physically located in this state shall hold a valid
Oklahoma state dental license.
B. A patient of record may be established by teledentistry for
the purposes of an emergency or hygiene treatment if the patient is
physically located at the dental office or treatment facility and
the dentist is not readily available.
C. A dentist holding a valid dental license in Oklahoma may
consult, diagnose and treat a patient of record via synchronous or
asynchronous telecommunication between the patient and dentist. The
dentist must record all activities relating to teledentistry in the
patient record and must have an office location in Oklahoma
available for follow-up treatment and maintenance of records.
ENR. H. B. NO. 3934 Page 35
SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 328.21a of Title 59, unless
there is created a duplication in numbering, reads as follows:
A. The University of Oklahoma College of Dentistry shall
develop and implement a three-year pilot program to create a pathway
for foreign-trained dentists to practice in the state under the
conditions of this section.
B. A dentist, having received a dental degree or certificate in
a foreign country that is a non-United States or Canadian accredited
program, may apply for a dental hygiene license upon meeting the
following requirements:
1. The applicant must provide proof of a valid dental education
and degree, certificate or other proof acceptable by the Board and
proof of lawful practice of dentistry for the past two (2) years in
a foreign country. All documents shall be translated to English and
verifiable by the Board;
2. Successful passage of the ADEX dental hygiene licensure
exam;
3. Successful passage of the Test of English as a Foreign
Language (TOEFL). The applicant can provide proof of passing the
TOEFL exam within the past five (5) years;
4. Successful completion of an evaluation program to practice
dental hygiene conducted by the University of Oklahoma College of
Dentistry;
5. Demonstrated that the education and clinical training
received abroad is substantially equivalent to the standards
required of dental hygienists in the state, as determined by the
Board, the University of Oklahoma College of Dentistry, and the
University of Oklahoma Department of Diagnostic and Preventive
Sciences Dental Hygiene program;
6. Successful completion of the Oklahoma Jurisprudence exam;
and
7. Successful passage of the National Board of Dental Hygiene
Examination (NBDHE).
SECTION 15. This act shall become effective July 1, 2026.
ENR. H. B. NO. 3934 Page 36
SECTION 16. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 3934 Page 37
Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 29th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________