Oklahoma § 59-328.36 - Permit to operate dental laboratory

§ 59-328.36. Permit to operate dental laboratory

A. 1. Any person, firm, corporation, partnership or other

legal entity who desires to operate a dental laboratory in this

state shall file with the Board of Dentistry, on a form prescribed

by the Board, an application for a permit to operate a dental

laboratory and pay the fee established by the rules of the Board.

The application shall include the name and address of each person,

firm, corporation, partnership or other legal entity who owns an

interest in or will operate the dental laboratory. Upon receipt of

the application and fee, the Board shall determine the

qualifications of the applicant and may grant a permit to the

applicant to operate a dental laboratory.

Oklahoma Statutes - Title 59. Professions and Occupations

2. Except as provided in subsection C of this section, no

person, firm, corporation, partnership or other legal entity shall

operate a dental laboratory in this state without having obtained a

permit from the Board. The Board may inspect any dental laboratory

prior to the issuance of any permit.

B. Any change in ownership, operation or location of a dental

laboratory shall immediately be communicated to the Board, which

shall endorse upon the permit, without further fee, the change in

ownership, operation or location.

C. Nothing in the State Dental Act shall be construed to:

1. Prohibit a dentist from owning or operating a private,

noncommercial dental laboratory in a dental office for the dentist's

use in the practice of dentistry;

2. Require a dentist to obtain a permit from the Board for the

operation of a dental laboratory in the office of the dentist unless

dental laboratory technology is provided to persons other than the

dentist at that location; or

3. Require a dentist to issue a laboratory prescription for

dental laboratory technology to be performed by an employee of, in

the office of, and for a patient of, the dentist.

D. The dental laboratory shall make available to the

prescribing dentist, Board, or agent or employee of the Board:

1. A list of all materials in the composition of the final

appliance;

2. The location where the appliance was fabricated, including

the name, address, telephone number and Food and Drug Administration

registration number, if applicable, of the person or entity

performing the work; and

3. A description of all disinfection methods used in the

fabrication of the appliance.

E. No permit shall be required for a licensed dentist in the

State of Oklahoma, the licensed dentist's dental practice on-site

dental lab, the licensed dentist's physical practice, or the

licensed dentist's CAD, CAM, 3-D or other technology used for

fabricating dental prostheses including crowns, bridges and other

dental restorations. If the licensed dentist provides dental

prostheses for other licensed dentists in the State of Oklahoma,

then the dental laboratory portion of the practice shall be required

to have a permit as it is functioning as a commercial dental

laboratory.

Added by Laws 1970, c. 173, § 36, eff. July 1, 1970. Amended by

Laws 1981, c. 79, § 1; Laws 1996, c. 2, § 11, eff. Nov. 1, 1996;

Laws 1999, c. 280, § 7, eff. Nov. 1, 1999; Laws 2010, c. 129, § 1,

eff. Nov. 1, 2010; Laws 2018, c. 151, § 9, eff. Nov. 1, 2018.

§59-328.36a.

Laboratory prescriptions.

Oklahoma Statutes - Title 59. Professions and Occupations

A. A dentist may utilize a dental laboratory technician and a

dental laboratory to perform or provide dental laboratory

technology. Except as provided in subsection C of Section 328.36 of

this title, a dentist who utilizes the services of a dental

laboratory technician or dental laboratory shall furnish a

laboratory prescription for each patient for whom a work product is

prescribed.

B. Laboratory prescriptions issued by a dentist shall be on

forms containing the minimum information required by subsection D of

this section and shall be produced or printed by each dentist. Such

forms shall be provided by the Board of Dentistry or downloaded from

the Board's website. All forms shall be completed in full and

signed by the prescribing dentist. The owner of a dental laboratory

shall retain each original laboratory prescription received from a

prescribing dentist and produce the document for inspection and

copying by a member of the Board or by an agent or employee of the

Board, for a period of seven (7) years from the date of the

laboratory prescription. The prescribing dentist shall retain the

duplicate copy of each laboratory prescription and produce the

document for inspection and copying by a member of the Board or by

an agent or employee of the Board, for a period of seven (7) years

from the date of the laboratory prescription.

C. The patient's name or the identification number of the

laboratory prescription shall appear on all dental models and

correspond to all dental restorations, appliances or other devices

being constructed, reproduced or repaired. Any dental model,

restoration, appliance or other device in the possession of a dental

laboratory technician or dental laboratory without a laboratory

prescription and corresponding number on the model, restoration,

appliance or device shall be prima facie evidence of a violation of

the State Dental Act. After completion, the prescribed work product

shall be returned by the dental laboratory technician or dental

laboratory to the prescribing dentist or the dental office of the

dentist with the name or number of the laboratory prescription

accompanying the invoice.

D. At a minimum, prescriptions shall contain the following

information:

1. The name and address of the dental laboratory;

2. The patient's name and/or identifying number. In the event

such identifying number is used, the name of the patient shall be

written on a copy of the prescription retained by the dentist;

3. A description of the work to be completed with diagrams, if

applicable;

4. A description of the type of materials to be used;

5. The actual date on which the authorization or prescription

was written or completed;

Oklahoma Statutes - Title 59. Professions and Occupations

6. The signature in ink or by electronic method of the dentist

issuing the prescription and the state license number and address of

such dentist; and

7. A section to be completed by the dental laboratory and

returned to the issuing dentist that shall disclose all information

and certify that the information is accurate by including the

signature of a reasonable part of the primary contractor.

E. The Board shall make readily available a sample form on the

Board's website for use by any licensee at no cost.

F. A dentist may produce, transfer and retain copies of the

form electronically.

G. A dentist may refer a patient to a dental laboratory for the

purpose of selecting the shading or matching shades of a prosthetic

device being prepared for the dentist to deliver to the patient.

The dentist must maintain a copy of the prescription written for the

laboratory.

Added by Laws 1970, c. 173, § 20, eff. July 1, 1970. Amended by

Laws 1996, c. 2, § 5, eff. Nov. 1, 1996; Laws 1999, c. 280, § 4,

eff. Nov. 1, 1999. Renumbered from § 328.20 of this title by Laws

1999, c. 280, § 11, eff. Nov. 1, 1999. Amended by Laws 2011, c.

262, § 4, eff. July 1, 2011; Laws 2021, c. 566, § 11, emerg. eff.

May 28, 2021.