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Rule: 24.138.406 Prev     Up     Next    
Rule Title: FUNCTIONS FOR DENTAL AUXILIARIES
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Department: LABOR AND INDUSTRY
Chapter: BOARD OF DENTISTRY
Subchapter: General Provisions
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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24.138.406    FUNCTIONS FOR DENTAL AUXILIARIES

(1) Allowable functions for a dental auxiliary practicing under the direct supervision of a licensed dentist shall include dental procedures as allowed by board rule and subject to (2), in which:

(a) the auxiliary was instructed and qualified to perform in a dental assisting program accredited by the Commission on Dental Accreditation or its successor; or

(b) the auxiliary was instructed and trained by a licensed dentist; or

(c) the auxiliary was instructed and trained in a board-approved continuing education course.

(2) A dental auxiliary will be allowed to perform the following dental procedures including, but not limited to:

(a) making radiographic exposures as prescribed by the supervising dentist; and

(b) initiating, adjusting, and monitoring nitrous oxide flow for a patient who has been prescribed and administered nitrous oxide by a licensed dentist;

(c) taking impressions for study or working casts;

(d) removing sutures and dressings;

(e) applying topical anesthetic agents;

(f) providing oral health instructions;

(g) applying topical fluoride agents;

(h) removing excess cement from coronal surfaces;

(i) placing and removing rubber dams;

(j) placing and removing matrices;

(k) collecting patient data;

(l) polishing amalgam restorations;

(m) placing and removing temporary restoration with hand instruments only;

(n) placing pit and fissure sealants; and

(o) coronal polishing.

(3) Dental auxiliaries performing any intraoral procedure must be under the direct supervision of a licensed dentist. No dentist shall allow any dental auxiliary to perform the following:

(a) diagnosis and treatment planning as per 37-4-401, MCA;

(b) cutting hard or soft tissue or extracting teeth;

(c) prescribing any drugs as per 37-4-401, MCA;

(d) administering or dispensing any drug, without the prior authorization of the supervising dentist;

(e) administering intravenous and intramuscular injections or local anesthetic;

(f) placing, carving, or condensing any permanent restorations;

(g) taking final impressions of the involved arch for crowns, bridges, implant prosthesis, partial, or complete dentures;

(h) bonding or cementing any fixed prosthesis, including veneers, except for provisionals;

(i) bonding or cementing orthodontic brackets or orthodontic appliances that would provide activation upon cementation;

(j) placing sulcular medicinal or therapeutic materials;

(k) periodontal probing;

(l) air polishing;

(m) prophylaxis as per ARM 24.138.301.

(4) Dentists shall refrain from delegating to dental auxiliaries any duties or responsibilities regarding patient care that cannot be delegated to dental auxiliaries under 37-4-408, MCA, and board rules.

(5) The assignment of tasks and procedures to dental auxiliaries shall not relieve the dentist from liability for all treatment rendered the patient.

(6) A dentist shall not employ, supervise or otherwise use more dental auxiliaries than the dentist can reasonably supervise in keeping with the dentist's ethical and professional responsibilities.

(7) It shall be the responsibility of the employing dentist to verify that a dental auxiliary's qualifications are in compliance with the statutes and rules of the Board of Dentistry.

(8) A dentist licensed to use or direct the use of an x-ray producing device must assure that the radiation source under the dentist's jurisdiction is used only by individuals competent to use it, as per ARM 37.14.1003. Only a licensed dentist is allowed to prescribe radiation dosage and exposure. The dental auxiliary, under the direct supervision of a licensed dentist, will qualify to expose radiographs if the auxiliary:

(a) has graduated from an accredited program of dental assisting, dental hygiene, or dentistry accredited by the Commission on Dental Accreditation or its successor; or

(b) has been certified in dental radiology by the U.S. military; or

(c) has successfully completed a board-approved radiology written examination. The written examination must be passed prior to the dentist allowing the auxiliary to expose radiographs.

(d) For dental auxiliaries beginning work in Montana after January 1, 2016, radiology certification from other states will no longer be accepted, with the exception of a board-approved written examination. Dental auxiliaries who acquired radiology certification in other states and were employed as dental auxiliaries in Montana prior to January 1, 2016, will be grandfathered.

(9) A list of board-approved examinations will be kept on file in the board office.

(10) The board will accept documentation of (8)(a) through (d) as certification for radiographic exposure.

History: 37-4-205, 37-4-408, MCA; IMP, 37-4-408, MCA; NEW, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2015 MAR p. 1904, Eff. 10/30/15.


 

 
MAR Notices Effective From Effective To History Notes
24-138-71 10/30/2015 Current History: 37-4-205, 37-4-408, MCA; IMP, 37-4-408, MCA; NEW, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2010 MAR p. 411, Eff. 2/12/10; AMD, 2015 MAR p. 1904, Eff. 10/30/15.
24-138-67 2/12/2010 10/30/2015 History: 37-4-205, 37-4-408, MCA; IMP, 37-4-408, MCA; NEW, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07; AMD, 2010 MAR p. 411, Eff. 2/12/10.
1/12/2007 2/12/2010 History: 37-4-205, 37-4-408, MCA; IMP, 37-4-408, MCA; NEW, 1995 MAR p. 2795, Eff. 11/23/95; AMD, 1996 MAR p. 3118, Eff. 12/6/96; TRANS, from Commerce, & AMD, 2003 MAR p. 2435, Eff. 10/31/03; AMD, 2007 MAR p. 43, Eff. 1/12/07.
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