Oklahoma § 59-328.15 - Powers of Board

§ 59-328.15. Powers of Board

A. Pursuant to and in compliance with Article I of the

Administrative Procedures Act, the Board of Dentistry shall have the

power to formulate, adopt, and promulgate rules as may be necessary

to regulate the practice of dentistry in this state and to implement

and enforce the provisions of the State Dental Act.

B. The Board is authorized and empowered to:

1. Examine and test the qualifications of applicants for a

license or permit to be issued by the Board;

2. Affiliate by contract or cooperative agreement with another

state or combination of states for the purpose of conducting

simultaneous regional examinations of applicants for a license to

practice dentistry, dental hygiene, or a dental specialty;

3. Maintain a list of the name, current mailing address and

official address of all persons who hold a license or permit issued

by the Board;

4. Account for all receipts and expenditures of the monies of

the Board including annually preparing and publishing a statement of

receipts and expenditures of the Board for each fiscal year;

5. Within limits prescribed in the State Dental Act, set fees

and administrative penalties to be imposed and collected by the

Board as provided by rules;

6. Employ an Executive Director, legal counsel and other

advisors to the Board including advisory committees;

7. Investigate and issue investigative and other subpoenas,

pursuant to Article II of the Administrative Procedures Act;

Oklahoma Statutes - Title 59. Professions and Occupations

8. Initiate individual proceedings and issue orders imposing

administrative penalties, pursuant to Article II of the

Administrative Procedures Act, against any dentist, dental

hygienist, dental assistant, oral maxillofacial surgery assistant,

dental laboratory technician, or holder of a permit to operate a

dental laboratory who has violated the State Dental Act or the rules

of the Board;

9. Conduct, in a uniform and reasonable manner, inspections of

dental offices and dental laboratories and business records of

dental offices and dental laboratories;

10. Establish guidelines for courses of study necessary for

dental assistants, oral maxillofacial surgery assistants and, when

appropriate, issue permits authorizing dental assistants or oral

maxillofacial surgery assistants to perform expanded duties;

11. Establish continuing education requirements for dentists,

dental hygienists, dental assistants and oral maxillofacial surgery

assistants who hold permits issued by the Board;

12. Recognize the parameters and standards of care established

and approved by the American Dental Association or another

nationally recognized medical or dental association that establishes

guidelines for health care as it relates to dentistry. The Board

shall have the sole authority to determine scope of practice of

licensees considering these standards and guidelines;

13. Formulate, adopt, and promulgate rules, pursuant to Article

I of the Administrative Procedures Act, as may be necessary to

implement and enforce the provisions of the Oklahoma Dental

Mediation Act;

14. Seek and receive advice and assistance of the Office of the

Attorney General of this state;

15. Promote the dental health and the education of dental

health of the people of this state;

16. Inform, educate, and advise all persons who hold a license

or permit issued by the Board, or who are otherwise regulated by the

Board, regarding the State Dental Act and the rules of the Board;

17. Affiliate with the American Association of Dental Boards as

an active member, pay regular dues, and send members of the Board as

delegates to its meetings;

18. Enter into contracts;

19. Acquire by purchase, lease, gift, solicitation of gift or

by any other manner, hold, encumber, and dispose of personal

property as is needed, maintain, use and operate or contract for the

maintenance, use and operation of or lease of any and all property

of any kind, real, personal or mixed or any interest therein unless

otherwise provided by the State Dental Act; provided, all contracts

for real property shall be subject to the provisions of Section 63

of Title 74 of the Oklahoma Statutes;

Oklahoma Statutes - Title 59. Professions and Occupations

20. Receive or accept the surrender of a license, permit, or

certificate granted to any person by the Board as provided in

Section 328.44b of this title; and

21. Take all other actions necessary to implement and enforce

the State Dental Act.

Added by Laws 1970, c. 173, § 15, eff. July 1, 1970. Amended by

Laws 1981, c. 216, § 1; Laws 1983, c. 304, § 34, eff. July 1, 1983;

Laws 1996, c. 2, § 4, eff. Nov. 1, 1996; Laws 1998, c. 377, § 2,

eff. Nov. 1, 1998; Laws 2003, c. 172, § 2, emerg. eff. May 5, 2003;

Laws 2005, c. 377, § 2, eff. Nov. 1, 2005; Laws 2006, c. 106, § 2,

eff. Nov. 1, 2006; Laws 2010, c. 413, § 16, eff. July 1, 2010; Laws

2011, c. 262, § 1, eff. July 1, 2011; Laws 2012, c. 270, § 2, eff.

Nov. 1, 2012; Laws 2013, c. 405, § 3, eff. July 1, 2013; Laws 2015,

c. 229, § 4, eff. July 1, 2015; Laws 2022, c. 158, § 1, eff. Nov. 1,

2022; Laws 2024, c. 46, § 2, eff. Nov. 1, 2024.

§59-328.15A. Board investigators - Powers.

A. Investigators for the Board shall be authorized to:

1. Perform such services as are necessary in the investigation

of criminal activity or preparation of administrative actions; and

2. Investigate and inspect records of all licenses in order to

determine whether licensees are in compliance with applicable

narcotics and dangerous drug laws and regulations.

B. Board investigators certified as peace officers by the

Council on Law Enforcement Education and Training shall have

statewide jurisdiction to perform the duties authorized by

subsection A of this subsection. Such investigators shall have the

powers now or hereafter vested in law to peace officers.

C. Upon retirement, a Board investigator shall be entitled to

receive the continued custody and possession of the sidearm and

badge he or she carried immediately prior to retirement.

Added by Laws 2011, c. 262, § 7, eff. July 1, 2011.

§59-328.15B. Executive Director - Authority.

The Board of Dentistry shall employ an Executive Director. The

Board may authorize or direct the Executive Director to:

1. Employ and maintain an office staff;

2. Employ one or more investigators who may be certified peace

officers who shall be commissioned with all the powers and authority

of peace officers of this state;

3. Enter into contracts on behalf of the Board; and

4. Perform other duties on behalf of the Board as needed or

directed.

Added by Laws 2012, c. 270, § 3, eff. Nov. 1, 2012. Amended by Laws

2017, c. 302, § 2, emerg. eff. May 17, 2017.