§ 17-82-104 — Unlawful practice - Definition

(a) It is unlawful for a dentist or dental hygienist to: (1) (A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq. (B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or (2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof. (b) (1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to: (A) Direct the dentist's practice; or (B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care. (2) However, the phrase "any person" as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization. (c) It is unlawful for any corporation to practice dentistry or dental hygiene or to hold itself out as entitled to engage therein. (d) (1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist. (2) (A) As used in this subsection, "general supervision" means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist. (B) "General supervision" includes the following restrictions: (i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist; (ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist; (iii) (a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board. (b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii) (a) of this section only after a licensed dentist has examined the patient. (C) The dental hygienist shall review a patient's dental health history before treatment. (e) (1) A person who violates any provision of this section shall upon conviction be guilty of a violation and shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500). (2) Each day a violation continues shall constitute a separate offense. (3) In addition to the foregoing criminal sanctions, a person who violates the provisions of this section is subject to the liabilities of § 17-82-301(b) .

Legislative History

Amended by Act 2019, No. 315,§ 1512, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 971, eff. 7/1/2019. Acts 1955, No. 14, § 26; A.S.A. 1947, § 72-559; Acts 1989, No. 363, § 1; 1993, No. 883, § 1; 2001, No. 950, § 1; 2005, No. 1994, § 85; 2009, No. 203, § 1.