Code of Alabama - Title 34: Professions and Businesses - Chapter 9 - Dentists and Dental Hygienists
- Article 1 General Provisions.
- Section 34-9-1 Definitions
For the purposes of this chapter, the following terms shall have the respective meanings ascribed by this section: (1) ANNUAL REGISTRATION. The documentary evidence that...
- Section 34-9-2 Legislative findings
(a) The Legislature hereby declares that the practice of dentistry and the practice of dental hygiene affect the public health, safety, and welfare and should...
- Section 34-9-3 License or permit required to practice dentistry
It shall be unlawful for any person to practice dentistry in the State of Alabama except the following: (1) Those who are now duly licensed...
- Section 34-9-4 License required to practice dental hygiene or expanded duty dental assisting
It shall be unlawful for any person to practice dental hygiene in the State of Alabama, except: (1) Those who are now licensed dental hygienists...
- Section 34-9-5 Penalties
Any person who shall engage in the practice of dentistry across state lines or practice dentistry or dental hygiene in this state within the meaning...
- Section 34-9-6 What constitutes practice of dentistry
Any person shall be deemed to be practicing dentistry who does any of the following: (1) Performs, or attempts or professes to perform, any dental...
- Section 34-9-6.1 Mobile dental facilities or portable dental operations
(a) For purposes of this section, the following words have the following meanings: (1) DENTAL HOME. The dental home is the ongoing relationship between the...
- Section 34-9-7 Exemption of certain practices and operations
(a) Nothing in this chapter shall apply to the following practices, acts, and operations: (1) The practice of his or her profession by a physician...
- Section 34-9-7.1 Exemption of participation in continuing education course
The practice of dentistry by a dentist licensed in another state as a part of participation in a continuing education course conducted, taught, or supervised...
- Section 34-9-7.2 Registration of a 501(c)(3) entity
A 501(c)(3) entity, as defined under Section 501(c)(3) of the Internal Revenue Code, that operates a dental clinic that provides dental services shall register with...
- Section 34-9-8 Dental facility teaching permits; dental facility special teaching permits
(a) The board shall annually issue dental faculty teaching permits to persons who are bona fide members of the faculty of a dental college, if...
- Section 34-9-9 Exercise of independent professional judgment by dentists; prohibited business arrangements or relationships; penalties
(a) No person other than a dentist licensed pursuant to this chapter or a 501(c)(3) entity registered under Section 34-9-7.2 may do any of the...
- Section 34-9-10 Application; licensure by credentials; special purpose license
(a) Every person who desires to practice dentistry within the State of Alabama shall file an application prescribed by the board. Notwithstanding the method of...
- Section 34-9-11 Examination of applicants; issuance of licenses
When application and accompanying proof as are required herein are found satisfactory, the board shall notify the applicant to appear for examination at a time...
- Section 34-9-12 Recording, reporting requirements
(a) Every person granted a license to practice dentistry or dental hygiene in this state by the board, as herein provided, shall cause his or...
- Section 34-9-13 License and registration certificates to be kept in office of practitioner
Every practitioner of dentistry and dental hygiene within the meaning of this chapter shall have in his or her possession and posted in a visible...
- Section 34-9-14 Change of address generally
Every licensed dentist and dental hygienist upon changing his or her place of practice, whether from one building, city, street address, or county to another,...
- Section 34-9-15 Annual registration; continuing education
(a) No person shall practice dentistry or dental hygiene in the State of Alabama unless licensed or permitted by the board and registered annually as...
- Section 34-9-15.1 Release of records
(a) Upon the request of a patient or authorized agent of a patient, a dentist shall promptly release to the patient or his or her...
- Section 34-9-16 Fee schedule
The board shall establish and collect reasonable fees provided for in this chapter within the ranges set forth below and without having to engage in...
- Section 34-9-17 Use of names
(a) Any person or persons may practice or offer to practice dentistry in connection with any dental office or offices by or under the use...
- Section 34-9-18 Grounds for disciplinary action
(a) The board may invoke disciplinary action as outlined in subsection (b) whenever it shall be established to the satisfaction of the board, after a...
- Section 34-9-19 Advertising - Dentist; specialty requirements; practice emphasis; purpose of section; rules and regulations
(a) For the purpose of this section, the following terms shall have the respective meanings: (1) ADVERTISEMENT. An advertisement is information communicated in a manner...
- Section 34-9-19.1 Advertising - Dental referral service; requirements; prohibitions; penalties
(a) For purposes of this section, the following words shall have the following meanings: (1) ADVERTISEMENT. Information communicated in a manner designed to attract public...
- Section 34-9-20 Unauthorized advertising, selling, or offering of dental services and appliances; injunctions
Any person, which word when used in this section shall include all legal entities not licensed to practice dentistry in this state, who shall advertise...
- Section 34-9-21 Employing services of commercial dental laboratory or private technician
(a) Every duly licensed and registered dentist who employs the services of a commercial dental laboratory or private technician for the purpose of constructing, altering,...
- Section 34-9-22 Sale, offer to sell, procurement, or alteration of diploma or certificate; fraud or cheating
Whoever sells or offers to sell a diploma conferring a dental or dental hygiene degree, or a license certificate or annual registration certificate granted pursuant...
- Section 34-9-23 Title and letters signifying degree
Any licensed dentist of this state being a graduate of a reputable dental school or college recognized by the board shall have the right to...
- Section 34-9-24 Statement of charges and notice of hearing before revocation or suspension of license
No action to revoke or suspend a license or permit shall be taken until the licensee or permittee has been furnished a statement in writing...
- Section 34-9-25 Judicial review of orders of board
From any order of the board imposing any of the penalties found in Section 34-9-18, any party affected thereby may bring an action in the...
- Section 34-9-26 Examination, qualifications, licensing, etc., of dental hygienists
No person shall practice as a dental hygienist in this state until such person has passed an examination given by the board or approved by...
- Section 34-9-27 Employment, supervision, and practice of dental hygienists
Dental hygienists shall work only under the direct supervision of a duly licensed dentist practicing in this state. Dental hygienists may perform any duties allowed...
- Section 34-9-28 Notification of change of address or employer; annual registration requirements
It shall be the duty of all licensed dental hygienists to notify the board, in writing, of any change of address or employer and have...
- Section 34-9-29 Injunctions against violations of chapter
When it appears to the board that any person is violating any of the provisions of this chapter, the board may in its own name...
- Article 2 Board of Dental Examiners.
- Section 34-9-40 Creation; composition
(a) In order to accomplish the purposes and to provide for the enforcement of this chapter, there is hereby created the board. The board is...
- Section 34-9-41 Officers of board; seal; meetings; compensation; disposition of funds
The board shall annually elect from its membership a president, vice-president, and secretary-treasurer and may employ staff members who are not members of the board....
- Section 34-9-42 Bond of secretary-treasurer of board; annual report and audit; national affiliation
The secretary-treasurer of the board shall give bond in such sum as may be prescribed by the board, conditioned to faithfully and honestly discharge the...
- Section 34-9-43 Powers and duties generally
(a) The board shall exercise, subject to this chapter, the following powers and duties: (1) Adopt rules for its government as deemed necessary and proper....
- Section 34-9-43.1 Administration and enforcement of duties; consultants
(a) The board may employ investigators, attorneys, agents, and any other employees and assistants to aid in the administration and enforcement of the duties of...
- Section 34-9-43.2 Legislative findings; rulemaking authority; liability; scope
(a) The Legislature finds and declares all of the following: (1) The power to make rules regulating the practice of dentistry and dental hygiene includes...
- Section 34-9-44 Records to be kept by secretary-treasurer; copies and certificates as evidence
The secretary-treasurer of the board shall keep a registry in which shall be entered the names of all persons to whom license certificates have been...
- Section 34-9-45 Board to assist prosecuting officers
The board and its members and officers shall assist prosecuting officers in the enforcement of this chapter, and it shall be the duty of the...
- Section 34-9-46 Subpoenas and testimony
In all matters pending before it, the board shall have the power to issue subpoenas and compel the attendance of witnesses and the production of...
- Section 34-9-47 Taking of depositions
Depositions may be taken within or without the State of Alabama in the manner provided for by the laws of Alabama and the Alabama Rules...
- Article 3 Use of Anesthesia by Dentists.
- Article 4 Oral Conscious Sedation.
- Section 34-9-80 Definitions
As used in this article, the following terms shall have the following meanings: (1) ANALGESIA. The diminution or elimination of pain in the conscious patient....
- Section 34-9-81 Permits required
In order to administer oral conscious sedation, a dentist must possess a general anesthesia permit, a parenteral sedation permit, or an oral conscious sedation permit...
- Section 34-9-82 Requirements for treatment
(a) A dentist using oral conscious sedation must comply with all of the following requirements: (1) Patients to be treated under oral conscious sedation must...
- Section 34-9-83 Requirements for assistants
Allied dental personnel who assist dentists during oral conscious sedation procedures must be currently certified in cardiopulmonary resuscitation. During a sedation procedure, at least one...
- Section 34-9-84 Report of adverse consequences
Any adverse consequence occurring with oral conscious sedation shall be reported to the board as required with general anesthesia and parenteral sedation.
- Section 34-9-85 Limits on advertisements
The availability of oral conscious sedation, if advertised, shall be done without reference to sleep, snooze, or any other expression indicating a total or partial...
- Section 34-9-86 On-site inspection
The board, prior to issuance of a permit for oral conscious sedation, may require an on-site inspection of the personnel, the facility, and the equipment...
- Section 34-9-87 Permit limitations
A dentist who holds only an oral conscious sedation permit may not use or administer general anesthesia or parenteral sedation, or both, as those terms...
- Section 34-9-88 Renewal of permit
An oral conscious sedation permit must be renewed annually upon payment of a renewal fee and proof of completion of any continuing education requirements established...
- Section 34-9-89 Treatment of patients under 12 years of age
When oral conscious sedation is used on any patient under 12 years of age, the following provisions shall apply: (1) The drugs, dosages, and techniques...
- Section 34-9-90 Violations and penalties
Violation of any provision of this article shall subject the dentist to the penalties in Section 34-9-18, and no order imposing those penalties shall be...
Last modified: May 3, 2021