AR Dental Jurisprudence cheat sheet

The Arkansas Dental Practice Act is codified in Ark. Code Ann. Title 17, Chapter 82, and is administered by the Arkansas State Board of Dental Examiners.

The Board consists of dentist members, dental hygienist members, and consumer members appointed by the Governor; it adopts rules, sets fees, and licenses dentists, hygienists, and assistants.

"Practice of dentistry" includes diagnosis, treatment planning, surgery, and procedures on teeth, gums, and jaws, plus supplying or fitting prosthetic appliances.

"Practice of dental hygiene" covers prophylactic cleaning, scaling, root planing, fluoride and sealant application, and dental radiographs under authorized supervision.

Dental assistants may perform only delegated intraoral functions for which the supervising dentist has documented training and the Board permits by rule.

Any person practicing dentistry or dental hygiene without a valid Arkansas license is subject to injunction and criminal penalties under the Act.

The Board may inspect facilities, subpoena records, and hold hearings; it has authority to issue licenses, reprimands, suspensions, probation, and revocations.

Advertising, unlicensed practice, and aiding unlicensed practice are expressly prohibited and constitute grounds for discipline under the Act.

Dentists and dental hygienists must renew licenses biennially and pay the renewal fee; failure to renew results in inactive or lapsed status and loss of practice authority.

Continuing education is required each renewal cycle; dentists typically must complete a fixed number of CE hours, including Board-mandated topics such as infection control and jurisprudence.

Dental hygienists have a separate CE requirement and must retain certificates of completion for audit by the Board.

Licensure by examination, by credentials, and by reciprocity (license in another state) are the recognized pathways to Arkansas licensure.

Applicants must pass a Board-approved clinical and written examination and provide evidence of graduation from an accredited dental or hygiene program.

A dentist may not supervise more than the number of hygienists or assistants the Board's rules permit at one time; supervision ratios are set by rule.

Licenses are the property of the Board and must be displayed or produced on demand; practicing on a lapsed license is unlicensed practice.

Temporary or limited permits may be issued for specific purposes (e.g., teaching, volunteer care) and expire on the date stated on the permit.

Direct supervision means the dentist is physically present in the office and has examined the patient before the delegated procedure.

General supervision means the dentist has authorized the procedure but need not be on the premises, provided the patient has been examined within the required timeframe.

Independent practice for hygienists requires a specific permit and conditions set by the Board, such as prior examination and a written treatment plan.

Local anesthesia and nitrous oxide administration by hygienists or assistants require additional Board-approved training and certification.

Dentists may delegate only procedures within the statutory scope of the assistive personnel and may not delegate diagnosis, treatment planning, or prescription writing.

A dental assistant may not perform procedures that require a hygienist license or that are not expressly authorized by Board rule.

The supervising dentist is responsible for all care rendered by hygienists and assistants under their supervision.

Coronal polishing and sealant placement by assistants require documented training and may be performed under the supervision level the Board specifies.

The standard of care is that degree of care and skill ordinarily exercised by reasonably competent dentists in similar circumstances.

A dental record must include patient identification, medical and dental history, diagnosis, treatment plan, radiographs, medications, and progress notes.

Records must be legible, dated, authenticated by the treating provider, and retained for the period required by Board rule and Arkansas law.

Informed consent requires disclosure of diagnosis, proposed treatment, material risks, alternatives, and consequences of no treatment, documented in the record.

Consent for minors or incapacitated adults must be obtained from a parent, legal guardian, or authorized representative.

Alteration of records after the fact, including backdating or improper addenda, is a disciplinary ground and undermines defensibility.

Patients have a right to access and obtain copies of their records; the practitioner must respond within the timeframes set by law.

Radiographs must be taken only when clinically indicated and with appropriate protective measures for the patient.

The Board adopts infection control rules consistent with CDC recommendations and OSHA bloodborne pathogen standards.

Hand hygiene must be performed before and after patient contact and after glove removal; gloves are single-use and changed between patients.

Critical and semicritical instruments must be cleaned, packaged, and sterilized by steam autoclave or another validated method, with biological monitoring.

Sterilization monitoring includes mechanical, chemical, and biological indicators; positive biological results require corrective action and documentation.

Single-use sharps must be disposed of in puncture-resistant containers, and needlestick exposures require immediate evaluation and reporting.

Surface barriers or disinfectants must be used on clinical contact surfaces between patients; environmental surfaces are cleaned and disinfected per protocol.

Personnel must be trained in bloodborne pathogens, offered hepatitis B vaccination, and use appropriate personal protective equipment.

Waterlines and suction systems require routine maintenance and flushing per manufacturer and CDC guidance.

A dentist may prescribe only within the scope of dental practice and for conditions related to dental treatment.

Dentists who prescribe controlled substances must hold a valid DEA registration and, where required, an Arkansas controlled substance registration.

Schedule II prescriptions are subject to federal and state limits, including refill restrictions and, where applicable, electronic prescribing requirements.

Arkansas operates a prescription drug monitoring program (PDMP); prescribers must check the PDMP before prescribing certain controlled substances as required by law.

Prescriptions must include patient name, drug, strength, quantity, directions, date, prescriber name, and DEA number when applicable.

Self-prescribing and prescribing to family members outside legitimate dental care are prohibited and subject to discipline.

Prescription records must be maintained and available for inspection by the Board and law enforcement.

Suspicious or forged prescriptions must be reported as required by law and Board rule.

Unprofessional conduct includes fraud, misrepresentation, gross negligence, incompetence, and practicing while impaired.

Patient abandonment occurs when a practitioner terminates care without notice, referral, or reasonable opportunity to obtain continued care.

Sexual misconduct, boundary violations, and exploitation of the patient relationship are grounds for discipline.

Fee splitting, kickbacks, and paying for patient referrals violate Arkansas dental practice restrictions.

Confidentiality of patient information is required except as authorized by law or with patient consent.

Discrimination against patients on prohibited bases and refusal to treat in emergencies are inconsistent with professional obligations.

Practicing under the influence of alcohol or drugs, or diverting controlled substances, is unprofessional conduct.

Falsifying continuing education or license applications constitutes fraud and supports discipline.

Any person may file a complaint with the Board; complaints are reviewed and may be dismissed, investigated, or set for hearing.

The Board may issue an emergency suspension when continued practice poses an immediate risk to the public.

Disciplinary sanctions include reprimand, probation, suspension, revocation, civil penalties, and conditions on practice.

Grounds for discipline include unlicensed practice, substance abuse, incompetence, fraud, and violation of Board rules or the Act.

Respondents are entitled to notice and an opportunity for a hearing; final Board orders may be appealed to circuit court.

A licensee must respond to Board inquiries and produce records; failure to cooperate is itself a disciplinary ground.

Disciplinary actions in other jurisdictions may be grounds for reciprocal action in Arkansas.

The Board may require remediation, additional CE, or practice monitoring as a condition of reinstatement.

Advertising must be truthful, not misleading, and must not contain false or deceptive statements about qualifications or outcomes.

A dentist may not advertise as a specialist unless the dentist holds the appropriate specialty certification recognized by the Board.

Fee advertising must disclose material terms and may not be used to bait-and-switch; advertised fees must be honored as stated.

The dental practice must be owned and controlled by a licensed dentist; non-dentist ownership of a dental practice is restricted.

Splitting fees with non-dentists or paying commissions for referrals is prohibited.

Use of a name that implies a specialty or superior skill not held is prohibited.

Solicitation of patients through misleading or coercive means is unprofessional conduct.

Records and patient lists are practice assets that must remain accessible to patients and the Board.

Dentists and dental hygienists are mandated reporters of suspected child abuse or neglect under Arkansas law.

Suspected abuse or neglect must be reported to the Arkansas Child Abuse Hotline or law enforcement within the timeframe required by statute.

Good-faith reports are protected by immunity; failure to report is a criminal offense and a disciplinary ground.

Dentists must report impaired colleagues or practitioners posing a risk to patients as required by Board rule.

Reporting of certain communicable diseases to the Arkansas Department of Health may be required by public health law.

Practitioners must comply with public health orders and infection control requirements during declared emergencies.

Patient records may be released to authorities investigating abuse or neglect as authorized by law.

Dentists have an ethical duty to provide emergency care and to refrain from abandoning patients during public health emergencies.