Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 372 (2025GS)

Sponsor

Rep. Defay, Ariel

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends definitions;
• amends supervision provisions regarding dental professionals;
• amends provisions regarding dental hygiene schools;
• amends provisions related to the practice of dentistry and dental hygiene;
• amends teledentistry provisions; and
• makes other conforming and technical changes.

Every vote on this bill

Bill text

20
58-69-102
58-69-301
58-69-501
58-69-801
58-69-802
58-69-803
58-69-804
58-69-807
58-69-808
0
Dental Practice Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions related to dental practice.
Highlighted Provisions:
This bill:
amends definitions;
amends supervision provisions regarding dental professionals;
amends provisions regarding dental hygiene schools;
amends provisions related to the practice of dentistry and dental hygiene;
amends teledentistry provisions; and
makes other conforming and technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
58-69-102
, as last amended by Laws of Utah 2020, Chapter 273
58-69-301
, as last amended by Laws of Utah 2020, Chapter 273
58-69-501
, as last amended by Laws of Utah 2015, Chapter 343
58-69-802
, as last amended by Laws of Utah 2020, Chapter 273
58-69-803
, as enacted by Laws of Utah 1996, Chapter 116
58-69-804
, as enacted by Laws of Utah 1996, Chapter 116
58-69-807
, as enacted by Laws of Utah 2020, Chapter 273
ENACTS:
58-69-808
, Utah Code Annotated 1953
REPEALS AND REENACTS:
58-69-801
, as last amended by Laws of Utah 2023, Chapter 334
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
58-69-102
 is amended to read:
58-69-102
. Definitions.
In addition to the definitions in Section 
58-1-102
, as used in this chapter:
(1)
"Asynchronous technology" means store-and-forward technology that allows 
a licensed 
dental professional to transmit
for the transmission of
 a patient's health information to a 
dentist for viewing at a later time.
(2)
"Board" means the Dentist and Dental Hygienist Licensing Board created in Section 
58-69-201
.
(3)
"Dental assistant" means an unlicensed individual who engages in
, directly or 
indirectly,
 supervised acts and duties as defined by division rule made in collaboration 
with the board.
(4)
"Dental hygienist" means an individual licensed under this chapter as a dental hygienist.
(5)
"Dentist" means an individual licensed under this chapter as a dentist.
(4)
(6)
"Direct supervision" means the supervising dentist is present and available for 
face-to-face communication with the person being supervised when and where 
professional services are being provided.
(7)
"Expanded function" means a procedure that is authorized under Section 
58-69-808
.
(5)
(8)
"General supervision" means that the supervising dentist is available for 
consultation regarding work the supervising dentist has authorized, without regard as to 
whether the supervising dentist is located on the same premises as the person being 
supervised.
(6)
(9)
"Indirect supervision" means that the supervising dentist is present within the 
facility in which the person being supervised is providing services and is available to 
provide immediate face-to-face communication with the person being supervised.
(7)
(10)
"Practice of dental hygiene" means, 
regarding
with respect to
 humans
 and subject 
to Section 
58-69-801
:
(a)
under the general supervision of a dentist, or under a written agreement with a 
dentist licensed under this chapter, as provided in Section 
58-69-801
, to:
(i)
(a)
perform
performing a
 preliminary clinical examination of human teeth and 
gums;
(ii)
(b)
make
making
 preliminary instrumental examination of 
patients' teeth
a 
patient's periodontium
;
(iii)
expose dental radiographs;
(iv)
(c)
assess dental hygiene status and collaborate
conducting a dental hygiene 
assessment;
(d)
 with the supervising dentist regarding 
formulating 
a dental hygiene treatment plan 
for a patient
, and communicating those findings and treatment recommendations
;
(e)
evaluating a patient's progress towards achieving the goals specified in the dental 
hygiene treatment plan;
(f)
modifying a dental hygiene treatment plan based on the ongoing reassessment and in 
collaboration with a dentist;
(v)
(g)
remove
removing
 deposits, accumulations, calculus, and concretions from the 
surfaces of human teeth;
(vi)
(h)
remove
removing
 toxins and debris from subgingival surfaces;
(vii)
(i)
provide
providing:
(i)
delegated
 dental hygiene care in accordance with a dentist's treatment plan for a 
patient;
 or
(ii)
dental hygiene care in accordance with a dental hygiene treatment plan;
(viii)
take impressions of teeth or jaws except for impressions or registrations to 
supply artificial teeth as substitutes for natural teeth; or
(ix)
engage in other practices of dental hygiene as defined by division rule;
(b)
under the indirect supervision of a dentist to administer in accordance with 
standards and ethics of the professions of dentistry and dental hygiene:
(i)
local anesthesia; or
(ii)
nitrous oxide analgesia;
(c)
(j)
to represent
representing
 oneself by any title, degree, or in any other way as 
being a dental hygienist;
 or
(d)
to direct a dental assistant when the supervising dentist is not on the premises.
(k)
administering local anesthesia and nitrous oxide analgesia, only as allowed by 
division rule and the supervision requirements described in Section 
58-69-801
;
(l)
directing a dental assistant when the supervising dentist is not on the premises;
(m)
exposing and capturing dental radiographs;
(n)
making impressions or intraoral scans of teeth or jaws;
(o)
performing tasks delegated by a dentist in other practices of dental hygiene as 
defined by division rule; and
(p)
performing expanded functions in accordance with Section 
58-69-808
.
(8)
(11)
"Practice of dentistry" means the following, regarding humans:
(a)
to offer, undertake, or represent that a person will undertake by any means or 
method, including teledentistry, to:
(i)
examine, evaluate, diagnose, treat, operate, or prescribe therapy for any disease, 
pain, injury, deficiency, deformity, or any other condition of the human teeth, 
alveolar process, gums, jaws, or adjacent hard and soft tissues and structures in the 
maxillofacial region;
(ii)
take an appropriate history and physical consistent with the level of professional 
service to be provided and the available resources in the facility in which the 
service is to be provided;
(iii)
take 
make 
impressions
, intraoral scans,
 or registrations;
(iv)
supply artificial teeth as substitutes for natural teeth
, including placing veneers
;
(v)
remove deposits, accumulations, calculus, and concretions from the surfaces of 
teeth;
 and
(vi)
correct or attempt to correct malposition of teeth;
 and
(vii)
prescribe, deliver, and provide follow-up care for oral appliance therapy, 
including as a treatment for sleep-disordered breathing and obstructive sleep 
apnea;
(b)
to administer anesthetics necessary or proper in the practice of dentistry
,
 only as 
allowed by an anesthesia 
and analgesia 
permit obtained from the division;
(c)
to administer and prescribe drugs related to and appropriate in the practice of 
dentistry;
(d)
to supervise the practice of a
:
(i)
dental hygienist
 in accordance with Section 
58-69-801
;
 or
(ii)
dental assistant as established by division rule made in collaboration with the 
board; or
(e)
to represent oneself by any title, degree, or in any other way that one is a dentist.
(12)
"Public health agency" means a local health department as defined in Section 
26A-1-102
 or the Department of Health and Human Services.
(9)
(13)
"Public health setting" means:
(a)
an individual's residence, if the individual is 
unable to leave the residence
non-ambulatory
;
(b)
a school, as part of a school-based program;
(c)
a nursing home;
(d)
an assisted living or long-term care facility;
(e)
a community health center;
(f)
if a dental hygienist is employed by a public health agency, a location directed by the 
public health agency;
(f)
(g)
a federally-qualified health center; or
(g)
(h)
a mobile dental health program that employs a dentist who is licensed under this 
chapter.
(10)
(14)
"Supervising dentist" means a licensed dentist who has agreed to provide 
supervision of a dental hygienist or unlicensed individual in accordance with the 
provisions of this chapter.
(11)
(15)
"Synchronous technology" means two-way audiovisual technology that allows a 
licensed dental professional to see and communicate in real time with a patient who is 
located in a different physical location.
(12)
(16)
"Teledentistry" means the practice of dentistry using synchronous or 
asynchronous technology.
(13)
(17)
"Unlawful conduct" means the same as that term is defined in Sections 
58-1-501
and 
58-69-501
.
(14)
(18)
"Unprofessional conduct" means the same as that term is defined in Sections 
58-1-501
 and 
58-69-502
 and as may be further defined by rule.
Section 2, Section 
58-69-301
 is amended to read:
58-69-301
. License required -- License classifications -- Anesthesia and analgesia 
permits.
(1)
A license is required to engage in the practice of dentistry, including teledentistry, or 
dental hygiene
,
 except as specifically provided in Section 
58-69-306
 or 
58-1-307
.
(2)
The division shall issue to individuals qualified under the provisions of this chapter a 
license in the classification:
(a)
dentist; or
(b)
dental hygienist.
(3)
A permit is required to engage in administration of anesthesia or analgesia in the 
practice of dentistry or dental hygiene.
(4)
The division in collaboration with the board shall establish by rule:
(a)
the classifications of anesthesia and analgesia permits
 and
;
(b)
the scope of practice permitted under each permit
 classification
; and
(b)
(c)
the 
qualifications
requirements
 for 
obtaining 
each 
classification
class
 of 
anesthesia and analgesia 
permit.
Section 3, Section 
58-69-501
 is amended to read:
58-69-501
. Unlawful conduct.
"Unlawful conduct" includes, in addition to the definition in Section 
58-1-501
:
(1)
administering anesthesia or analgesia in the practice of dentistry or dental hygiene if the 
individual does not hold a current permit issued by the division authorizing that 
individual to administer the type of anesthesia or analgesia used;
 and
(2)
practice of dental hygiene by a licensed dental hygienist 
when not under the 
supervision of a dentist, or under a written agreement with a dentist who is licensed 
under this chapter and who is a Utah resident, in accordance with the provisions of this 
chapter; or
if not done in accordance with Section 
58-69-801
.
(3)
directing or interfering with a licensed dentist's judgment and competent practice of 
dentistry.
Section 4, Section 
58-69-801
 is repealed and re-enacted to read:
58-69-801
. Dental hygienist practice standards.
(1)
Except as provided in Subsection (2), a dental hygienist may engage in the practice of 
dental hygiene:
(a)
in any setting under general supervision; and
(b)
if done in accordance with a dentist's treatment plan for a patient.
(2)
A dental hygienist may:
(a)
under the indirect supervision of a dentist:
(i)
administer nitrous oxide analgesia; and
(ii)
perform expanded functions in accordance with Section 
58-69-808
; and
(b)
under the general supervision of a dentist:
(i)
administer local anesthesia;
(ii)
expose dental radiography; or
(iii)
make impressions or intraoral scans of teeth or jaws as authorized by a 
supervising dentist.
(3)
Notwithstanding Subsection (1) and except as provided in Subsection (2), a dental 
hygienist may engage in the practice of dental hygiene without general supervision if:
(a)
the dental hygienist engages in the practice of dental hygiene in a public health 
setting;
(b)
prior to engaging in the practice of dental hygiene in a public health setting, the 
dental hygienist notifies the division on a one-time basis in accordance with rules 
made by the division in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act, that the dental hygienist will engage in the practice of dental 
hygiene in a public health setting;
(c)
the dental hygienist assumes liability for the work done by the dental hygienist while 
engaging in the practice of dental hygiene in a public health setting;
(d)
the dental hygienist has liability insurance for the work done by the dental hygienist 
while engaging in the practice of dental hygiene in a public health setting; and
(e)
the dental hygienist:
(i)
obtains from each patient an informed consent form that provides that treatment 
by a dental hygienist is not a substitute for a dental examination by a dentist;
(ii)
refers to a dentist any patient with a dental need beyond the dental hygienist's 
scope of practice encountered while engaging in the practice of dental hygiene in a 
public health setting; and
(iii)
retains all dental records for the patient generated by the dental hygienist in 
accordance with Health Insurance Portability and Accountability Act of 1996, 
Pub. L. No. 104-191, 110 Stat. 1936, as amended.
(4)
Notwithstanding Subsection (1) and except as provided in Subsection (2), a dental 
hygienist may practice dental hygiene in an accredited dental hygiene school to teach 
and demonstrate the practice of dental hygiene.
(5)
(a)
An accredited dental hygiene school may teach, demonstrate, and perform 
expanded functions in accordance with Section 
58-69-808
 and associated rules in a 
clinical setting operated by the school if:
(i)
the expanded functions are included in the school's curriculum;
(ii)
the curriculum is compliant with standards created by the Commission on Dental 
Accreditation, or its successor organization, for teaching expanded functions;
(iii)
except as provided in Subsection (5)(b), any expanded function is performed in 
accordance with rules made under Section 
58-69-808
; and
(iv)
any expanded function performed in the clinical setting is done under the indirect 
supervision of a dentist.
(b)
An accredited dental hygiene school may act in accordance with Subsection 
(5)(a)
without regard to rules being issued under Section 
58-69-808
 until the earlier of:
(i)
the day on which the division issues rules under Section 
58-69-808
; or
(ii)
May 31, 2027.
Section 5, Section 
58-69-802
 is amended to read:
58-69-802
. Practice within limits of law, education, training, experience, and 
competency.
(1)
Each individual licensed under this chapter shall confine 
his
the individual's
 practice 
to those acts
 or practices
:
(a)
(1)
permitted by law; and
(b)
(2)
in which the 
individual
dentist or dental hygienist
 is competent by education, 
training, and experience.
(2)
(a)
The standard of dental care a licensed dental professional provides through 
teledentistry is the same as the standard of dental care a licensed dental professional 
provides in a traditional physical setting.
(b)
(i)
A treating dentist may use teledentistry to collaborate with a dental hygienist 
within the relevant applicable scopes of practice and under the appropriate level of 
dentist supervision, in accordance with existing supervision laws.
(ii)
A dental hygienist, other dental auxiliary, or any other teledentistry provider may 
not carry out any duties through teledentistry that require the in-person 
supervision of a dentist licensed under this chapter.
(c)
A dentist may not conduct a dental examination using teledentistry if the standard of 
care necessitates a traditional physical dental examination.
Section 6, Section 
58-69-803
 is amended to read:
58-69-803
. Use of dental assistants.
The standards
Standards
 regulating the use of 
unlicensed individuals as 
dental 
assistants shall be established by division rule made in collaboration with the board.
Section 7, Section 
58-69-804
 is amended to read:
58-69-804
. Form of practice.
(1)
A dentist 
licensed under this chapter may engage in practice as a dentist, or in the 
practice of dentistry only as an individual licensee, but as an individual licensee, he may 
be
may engage in the practice of dentistry as
:
(a)
an individual operating as a business proprietor;
(b)
an employee of another person;
(c)
a partner in a lawfully organized partnership;
(d)
a lawfully formed professional corporation;
(e)
a lawfully organized limited liability company;
(f)
a lawfully organized business corporation; or
(g)
any other form of organization recognized by the state which is not prohibited by 
rule adopted by division rules made in collaboration with the board.
(2)
Regardless of the form in which a licensee engages in the practice of dentistry, the 
licensee may not permit another person who is not licensed in Utah as a dentist and is 
not otherwise competent to engage in the practice of dentistry to direct, or in any other 
way participate in, or interfere in the licensee's practice of dentistry.
Section 8, Section 
58-69-807
 is amended to read:
58-69-807
. Use of teledentistry -- Informed consent -- Rulemaking.
(1)
A dentist may provide dental services using teledentistry
, including the following:
.
(a)
collaborating with a licensed dental professional in the completion of the following 
at a public health setting, generally with a written collaborative agreement, directly, 
or indirectly, in accordance with this chapter:
(i)
gathering diagnostic information to be used by the dentist at a remote location to 
form a tentative basic treatment plan and provide appropriate preventive or urgent 
prescriptions;
(ii)
perform preventive dental procedures;
(iii)
provide oral health education; and
(iv)
perform any palliative or interim treatment or caries arresting treatment outlined 
in the dentist's treatment plan and authorized by the dentist, in accordance with 
this chapter and rules made in accordance with this chapter; and
(b)
at a remote location, using records and diagnostic information that a dental hygienist 
provides to form a tentative treatment plan for basic dental procedures.
(2)
(a)
The standard of dental care a licensed dental professional provides through 
teledentistry is the same as the standard of dental care a licensed dental professional 
provides in a traditional physical setting.
(b)
A treating dentist may use teledentistry to collaborate with a dental hygienist within 
the relevant applicable scopes of practice and under the appropriate level of 
supervision described in Section 
58-69-801
.
(c)
A dental hygienist, other unlicensed individual supervised by a dentist, or any other 
provider may not carry out any duties through teledentistry that require direct or 
indirect supervision of a dentist.
(d)
A dentist may not conduct a dental examination using teledentistry if the standard of 
care necessitates a traditional physical dental examination.
(e)
(i)
A dentist may correct or attempt to correct malpositioned teeth or provide an 
oral appliance to treat sleep-disordered breathing and obstructive sleep apnea if 
the dentist:
(A)
has performed an appropriate, in-person, physical examination of the patient 
for the purpose of diagnosing, assessing, and developing a treatment plan;
(B)
has reviewed the patient's relevant history, medical records, diagnostic 
records, and contemporaneous radiographic records; and
(C)
will provide reasonable in-person follow-up care.
(ii)
Notwithstanding the limitations described in Subsection 
(2)(e)
(i), the dentist may 
establish an initial relationship with a patient through teledentistry only:
(A)
for the purpose of emergent care;
(B)
to make an initial diagnosis of a malposition of teeth and a determination of 
the need for an orthodontic appliance; or
(C)
to screen for sleep-disordered breathing and obstructive sleep apnea, and 
assess the need for oral appliance therapy for jaw repositioning.
(iii)
A dentist shall confirm an initial diagnosis described in Subsection (2)(e)(ii)(B) 
through conducting an in-person examination, reviewing the patient's 
contemporaneous radiographic records, and reviewing results from any other 
relevant test, imaging, or consultation before the patient begins using any 
orthodontic appliance.
(iv)
A dentist shall confirm an assessment described in Subsection (2)(e)(ii)(C) 
through conducting an in-person examination, reviewing the patient's 
contemporaneous radiographic records, and reviewing results from any other 
relevant test, imaging, or consultation before ordering fabrication of an oral 
appliance for jaw repositioning and delivering the appliance to the patient.
(3)
A licensed dental professional or any entity employing a licensed dental professional 
may not require a patient to sign 
an
a pretreatment
 agreement that limits the patient's 
ability to file a complaint with the division
, file a lawsuit, join a class action lawsuit, 
make reports to a governmental entity, require the patient to submit to binding 
arbitration, or otherwise limit or prohibit the patient from obtaining relief for 
deficiencies in the treatment or services provided to the patient
.
(3)
(4)
When a licensed dental professional uses teledentistry, the licensed dental 
professional shall ensure informed consent covers the following additional information:
(a)
a description of the types of dental care services provided through teledentistry, 
including limitations on services;
(b)
the name, contact information, licensure, credentials, and qualifications of all 
dentists and dental hygienists involved in the patient's dental care; and
(c)
precautions and protocols for technological failures or emergency situations.
(4)
(5)
The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act
, to establish requirements and parameters regarding 
teledentistry to ensure the safe use of teledentistry, including additional provisions for:
(a)
transparency, disclosure, and informed consent;
(b)
standard of care;
(c)
proper documentation;
(d)
supervision and scope of practice;
(e)
patient complaints; and
(f)
protocols for referrals.
(6)
If provisions or rules made under Section 
26B-4-704
 conflict with the provisions of this 
section or rules made under this section, the provisions of this section and the rules made 
under this section control when the individual being regulated is providing services 
regulated under this chapter.
Section 9, Section 
58-69-808
 is enacted to read:
58-69-808
. Expanded functions of dental auxiliaries.
(1)
The division shall create certifications for dental auxiliaries to perform, under the 
indirect supervision of a dentist, various expanded functions, including:
(a)
delegated maxillofacial administration of botulinum toxin by a dental hygienist 
certified by the division;
(b)
placement of direct restorations by a dental hygienist certified by the division or a 
dental assistant certified by the division; and
(c)
the removal of coronal dental adhesive by a dental hygienist certified by the division 
or a dental assistant certified by the division.
(2)
The division shall make rules to implement this section, including rules regarding:
(a)
the education and minimum qualifications to obtain a certification; and
(b)
parameters for performing an expanded function.
Section 10. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-11-25 3:33 PM