Ohio Revised Code
Chapter 4715 | Dentists; Dental Hygienists
Section 4715.365 | Authority Under Permit.

Effective: April 12, 2021
Latest Legislation: Senate Bill 276 - 133rd General Assembly
(A) A dentist who holds a current, valid oral health access supervision permit issued under section 4715.362 of the Revised Code may authorize a dental hygienist who holds a current, valid permit issued under section 4715.363 of the Revised Code to perform dental hygiene services at a facility when no dentist is physically present if all of the following conditions are met:
(1) The authorizing dentist's authorization is in writing and includes, at a minimum, all of the following:
(a) The authorizing dentist's name and permit number;
(b) The dental hygienist's name and permit number;
(c) The patient's name;
(d) The name and address of the location where the dental hygiene services are to be provided;
(e) The date of authorization;
(f) A statement, signed by the dental hygienist, that the hygienist agrees to comply with section 4715.366 of the Revised Code.
(2) The authorizing dentist has personally evaluated the dental hygienist's skills prior to authorizing the dental hygienist to provide the dental hygiene services.
(3) Prior to authorizing the dental hygienist to perform the dental hygiene services, the patient's medical and dental history is made available to the authorizing dentist and the authorizing dentist reviews and evaluates the history and determines that the patient may safely receive dental hygiene services.
(4) Immediately prior to the provision of dental hygiene services, the patient or patient's representative verifies, by the signature or mark of the patient or representative, that no medically significant changes to the patient's medical or dental history have occurred since the authorizing dentist most recently reviewed and evaluated the history and determined that the patient could safely receive dental hygiene services. The signature or mark may be provided through reasonable accommodation, including the use of assistive technology or augmentative devices.
(5) Prior to receiving dental hygiene services, the patient and the operator of the facility where the dental hygiene services are to be provided are notified that no dentist will be present at the location and that the dental hygienist is prohibited from doing either of the following:
(a) Diagnosing the patient's oral health care status;
(b) Providing dental hygiene services to the same patient on a subsequent occasion until the patient has received a clinical evaluation performed by a dentist, except in instances described in division (D)(2) of this section.
(6) The dental hygienist is employed by, or under contract with, one of the following:
(a) The authorizing dentist;
(b) A dentist who is any of the following:
(i) The authorizing dentist's employer;
(ii) A shareholder in a professional association, formed under Chapter 1785. of the Revised Code, of which the authorizing dentist is a shareholder;
(iii) A member or manager of a limited liability company, formed under Chapter 1705. or 1706. of the Revised Code, of which the authorizing dentist is a member or manager;
(iv) A shareholder in a corporation, formed under division (B) of section 1701.03 of the Revised Code, of which the authorizing dentist is a shareholder;
(v) A partner or employee of a partnership, formed under Chapter 1775. of the Revised Code, of which the authorizing dentist is a partner or employee;
(vi) A partner or employee of a limited liability partnership, formed under Chapter 1775. of the Revised Code, of which the authorizing dentist is a partner or employee.
(c) A government entity that employs the dental hygienist to provide dental hygiene services;
(d) An entity that employs the authorizing dentist so long as the dentist's practice is not in violation of section 4715.18 of the Revised Code.
(7) If the patient to whom the services are to be provided previously received dental hygiene services under this section, there is written evidence that the patient received a clinical evaluation after the most recent provision of those services.
(B) No dentist shall authorize a dental hygienist to perform, and no dental hygienist shall perform, dental hygiene services on a patient under this section unless all of the conditions in division (A) of this section are met.
(C) If a patient or patient's representative indicates, under division (A)(4) of this section, that a medically significant change has occurred in the patient's medical or dental history since the authorizing dentist's most recent review and evaluation of the medical and dental history required by division (A)(3) of this section, no dental hygiene services shall be provided under this section until the authorizing dentist completes another review and evaluation of the patient's medical and dental history. The authorizing dentist may complete the subsequent review and evaluation of the patient's medical and dental history by telephone, facsimile, electronic mail, video, or any other means of electronic communication.
(D)(1) Except as provided in division (D)(2) of this section, no dentist shall authorize a dental hygienist to provide, and no dental hygienist shall provide, dental hygiene services under this section to the same patient on a subsequent occasion until the patient has received a clinical evaluation performed by a dentist.
(2) Division (D)(1) of this section does not apply if the patient requires multiple visits to complete one or more procedures that could not be completed during the visit in which dental hygiene services were commenced. If the patient requires multiple visits to complete the one or more procedures that could not be completed during the visit in which dental hygiene services were commenced, the one or more procedures shall be completed not later than eight weeks after the visit in which the dental hygiene services were commenced.
(E) No authorizing dentist shall authorize a dental hygienist to diagnose a patient's oral health care status. No dental hygienist practicing under a permit issued under section 4715.363 of the Revised Code to practice under the oral health access supervision of a dentist shall diagnose a patient's oral health care status.
Last updated September 10, 2021 at 11:59 AM

Structure Ohio Revised Code

Ohio Revised Code

Title 47 | Occupations-Professions

Chapter 4715 | Dentists; Dental Hygienists

Section 4715.01 | Dentist - Dental Hygienist Definitions.

Section 4715.02 | State Dental Board.

Section 4715.03 | Board Organization - Examinations.

Section 4715.031 | Development and Implementation of Quality Intervention Program.

Section 4715.032 | Supervisory Investigative Panel.

Section 4715.033 | Issuance of Subpoenas.

Section 4715.034 | Authority of Panel to Meet With Individuals Under Investigation; Recommendations.

Section 4715.035 | Calculation of Time Period for Recommendation.

Section 4715.036 | Requests for Copies of Investigative Items.

Section 4715.037 | Appointment of Referees or Examiners; Terms.

Section 4715.038 | Conduct of Hearing; Findings.

Section 4715.039 | Oral Arguments; Final Decision; Appeal.

Section 4715.0310 | Notice of Opportunity for Hearing and Name or Referee or Examiner as Public Record.

Section 4715.04 | Secretary's Bond - Depositing Receipts.

Section 4715.05 | Prosecution - Injunctive Relief.

Section 4715.06 | Compensation and Expenses of Board.

Section 4715.07 | Affiliation With American Association of Dental Examiners.

Section 4715.08 | Official Seal and Records.

Section 4715.09 | Unlicensed Practice Prohibited.

Section 4715.10 | Application for License.

Section 4715.101 | License Applicant to Comply With Rc Chapter 4776.

Section 4715.11 | Standards and Examination.

Section 4715.12 | License - Re-Examination.

Section 4715.13 | Fees for Licenses or Permits.

Section 4715.14 | Registration - Notice of Change of Address.

Section 4715.141 | Continuing Education.

Section 4715.16 | Application for Limited License.

Section 4715.17 | License to Be Displayed.

Section 4715.18 | Practice Name.

Section 4715.19 | Employment of Unlicensed Dentist Unlawful - Misrepresentation, Impersonation, or False Application Unlawful.

Section 4715.20 | Conditions to Practice as Dental Hygienist.

Section 4715.21 | License Application.

Section 4715.22 | Supervision of Licensed Dentist.

Section 4715.23 | Practice Limitations.

Section 4715.231 | Administration of Local Anesthesia by Dental Hygienist.

Section 4715.24 | Registration - Notice of Change of Address.

Section 4715.241 | Dental Hygienist; Notice of Temporary Retirement.

Section 4715.242 | Reinstatement.

Section 4715.25 | Continuing Education.

Section 4715.251 | Completion of Basic Life-Support Training Course.

Section 4715.26 | Record of Dental Hygienists and Location.

Section 4715.27 | Reciprocity.

Section 4715.28 | Prohibited Acts.

Section 4715.29 | Employment of Dental Hygienist.

Section 4715.30 | Disciplinary Actions.

Section 4715.301 | Standards for Approving and Designating Physicians and Facilities as Treatment Providers for Dentists or Dental Hygienists With Substance Abuse Problems.

Section 4715.302 | Dentist's Review of Patient Information Available Through Drug Database.

Section 4715.32 | Using Diploma or License With Intent to Defraud.

Section 4715.33 | Students Exempted.

Section 4715.34 | Provisions Not Applicable to Physicians and Surgeons - Exception.

Section 4715.35 | Payment of Fines and Forfeitures.

Section 4715.36 | Definitions.

Section 4715.361 | Oral Health Access Supervision Program.

Section 4715.362 | Application for Permit; Dentist.

Section 4715.363 | Application for Permit; Dental Hygienist.

Section 4715.364 | Permit Required.

Section 4715.365 | Authority Under Permit.

Section 4715.366 | Compliance With Protocols; Appointment With Authorizing Dentist.

Section 4715.367 | Maximum Number of Permittees Under Authorizing Dentist.

Section 4715.368 | List of Locations Where Services Are Provided.

Section 4715.369 | Expiration of Oral Health Access Supervision Permit; Renewal.

Section 4715.37 | Expiration of Permit to Practice Under Dentist's Supervision; Renewal.

Section 4715.371 | Directory of Permit Holders.

Section 4715.372 | Adoption of Rules; Course Standards.

Section 4715.373 | Authorized Activities.

Section 4715.374 | Suspension or Revocation of Permit.

Section 4715.375 | Annual Reports.

Section 4715.38 | Fees in Excess of Statutory Amounts.

Section 4715.39 | Permitted Duties.

Section 4715.40 | Effect of Child Support Default on License.

Section 4715.41 | Compliance With Law Regarding Sanctions for Human Trafficking.

Section 4715.42 | Volunteer's Certificate.

Section 4715.421 | Temporary Dental Volunteer's Certificate.

Section 4715.43 | Teledentistry; Definitions; Permit.

Section 4715.431 | Scope of Permit.

Section 4715.432 | Expiration; Renewal.

Section 4715.433 | Suspension or Revocation.

Section 4715.434 | List of Locations.

Section 4715.435 | Authorized Persons.

Section 4715.436 | Rules.

Section 4715.437 | Construction of Teledentistry Provisions.

Section 4715.438 | Laws and Rules Not Altered by h.b. 122 of the 134th General Assembly.

Section 4715.51 | Dental X-Ray Machine Operator Definitions.

Section 4715.52 | Unlicensed Practice.

Section 4715.53 | License Qualifications.

Section 4715.56 | Dentist Supervision of Radiologic Procedures.

Section 4715.57 | Continuing Education Accreditation.

Section 4715.61 | Registration as Expanded Function Dental Auxiliary Required.

Section 4715.62 | Application to Register as Expanded Function Dental Auxiliary.

Section 4715.63 | Expiration and Renewal of Expanded Function Dental Auxiliary Registration.

Section 4715.64 | Practice as Expanded Function Dental Auxiliary.

Section 4715.65 | Record of Expanded Function Dental Auxiliary Registrants.

Section 4715.66 | Rules Governing Expanded Function Dental Auxiliaries.

Section 4715.70 | Mobile Dental Facilities - Definitions.

Section 4715.71 | Mobile Dental Facilities - Information to Patients.

Section 4715.72 | Mobile Dental Facilities - Information to Board and Treatment Venues.

Section 4715.73 | Mobile Dental Facilities - Exceptions.

Section 4715.99 | Penalty.