IN DH Juris cheat sheet

The Indiana Dental Practice Act is codified at IC 25-14 (dentistry) with administrative rules at 828 IAC 1; the Indiana State Board of Dentistry administers it.

"Practice of dentistry" includes diagnosis, treatment planning, surgery, and correction of malposition of teeth, plus supplying or repairing prosthetic devices from impressions or casts.

A person practices dentistry when they offer to perform dental operations for hire or reward or hold themselves out as able to do so, regardless of whether treatment actually occurs.

"Dentist" means a person licensed under IC 25-14 to practice dentistry; use of titles such as DDS, DMD, or "dental doctor" without a license is prohibited.

The Board is the licensing and disciplinary authority; the Attorney General's office prosecutes disciplinary complaints, and the Board issues findings and sanctions.

Practice without a license is a Class B misdemeanor for a first offense and a Level 6 felony for a subsequent offense under IC 25-14.

The Act authorizes the Board to adopt rules on licensure, hygiene practice, expanded functions, infection control, and anesthesia/nitrous oxide permits.

Statutory definitions control over colloquial usage: "dental hygienist," "expanded function dental assistant," and "supervision" carry specific meanings used throughout the Act and rules.

Dental licenses and dental hygienist licenses expire on March 1 of odd-numbered years; renewed licenses are valid for two years.

A dentist must complete 40 hours of continuing education per biennium; hygienists must complete 24 hours per biennium.

At least 2 hours of continuing education per biennium must cover opioid prescribing and abuse, per Indiana's opioid CE requirement for prescribers.

CE must be from Board-approved providers; CPR certification (at least a two-year course) must be current and counts toward the requirement.

Renewal requires payment of the renewal fee and attestation of CE completion; failure to renew results in an expired license and prohibition on practice.

An expired license may be reinstated within a defined grace period by paying a late fee and documenting CE; longer lapses may require additional review by the Board.

Licenses may be placed on inactive status, which permits no practice but preserves the license; reactivation requires documentation of CE and fee payment.

Continuing education records must be retained by the licensee (typically four years) and produced on audit by the Board.

A dental hygienist may perform prophylaxis, scaling, root planing, polishing, fluoride application, sealants, and dental radiographs under the supervision of a licensed dentist.

Direct supervision means the dentist is physically present in the office and has examined the patient before treatment; the dentist must be available on the premises.

General supervision means the dentist has authorized the procedure but need not be present in the office at the time of treatment.

Indiana recognizes collaborative practice arrangements allowing hygienists to provide services in certain public health settings, such as schools and nursing homes, under a written agreement.

Hygienists may administer local anesthesia and nitrous oxide only after completing Board-approved education and holding the appropriate permit.

Hygienists may not diagnose, treatment plan, prescribe, or perform procedures reserved to dentists, such as surgical extraction or final restoration placement.

A hygienist must refer patients with abnormal findings to the supervising dentist; the dentist retains responsibility for the overall treatment plan.

Supervision levels are defined in 828 IAC 1 and violations of supervision requirements constitute unprofessional conduct.

A dentist may delegate only those procedures that are within the dentist's scope and that the Act permits to be delegated; the dentist remains responsible for the delegated care.

Expanded function dental assistants (EFDAs) may perform specified reversible procedures, such as placing and carving amalgam and composite restorations, after completing Board-approved training and certification.

A dental assistant may take radiographs only after completing Board-approved radiology training and holding the required certification.

Delegation of expanded functions requires the dentist to be on the premises and to have examined the patient; the dentist retains responsibility for final evaluation.

Procedures not delegable include diagnosis, treatment planning, surgical procedures, and final impressions for fixed prosthetics, which remain dentist-only.

The dentist must maintain documentation of the specific expanded functions each assistant is authorized to perform and of the training completed.

An EFDA may not perform procedures on a patient who has not been examined by the dentist, and may not work without the required supervision.

Delegating a procedure to an unqualified person is unprofessional conduct and may result in discipline for both the dentist and the delegate.

Indiana requires compliance with CDC Guidelines for Infection Control in Dental Health-Care Settings, including standard precautions for all patients.

Hand hygiene with soap and water or an alcohol-based hand rub must be performed before and after patient contact and after glove removal.

Gloves, masks, protective eyewear, and gowns are required when exposure to blood or body fluids is anticipated; gloves are single-use and not washed.

Critical and semicritical instruments must be cleaned and sterilized by autoclave (or other Board-approved method) and monitored with biological indicators at least weekly.

Sterilization monitoring includes mechanical (pressure/temperature), chemical (indicator strips), and biological (spore) monitoring; records must be retained.

Single-use items such as needles and scalpel blades must be discarded in sharps containers and never recapped by hand or reused.

Surface disinfection with an EPA-registered hospital disinfectant is required between patients; barriers are used on frequently touched surfaces.

A written infection control plan, hepatitis B vaccination offer, and post-exposure protocol, including reporting to the Board when required, must be maintained.

Dentists must maintain a complete record for each patient, including medical history, examination findings, diagnoses, treatment rendered, radiographs, and medication records.

Patient records must be retained for at least seven years from the date of the last treatment, or longer for minors (until age 21 or seven years, whichever is longer).

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

Consent for minors must be obtained from a parent or legal guardian; emancipated minors may consent for themselves.

Patient information is confidential and may be disclosed only with written authorization, as required by law (e.g., court order), or as permitted for treatment, payment, or operations.

A patient is entitled to a copy of their records on request; a reasonable copying fee may be charged, and records must be provided within a reasonable time.

Records must be legible, dated, and authenticated; alterations must be clearly marked, and records must not be falsified or backdated.

HIPAA privacy and security rules apply in addition to state law, and a breach of confidentiality may constitute unprofessional conduct.

Unprofessional conduct includes fraud, misrepresentation, gross negligence, incompetence, and practicing while impaired by alcohol or drugs.

Conviction of a crime involving moral turpitude or a felony related to the practice of dentistry is grounds for discipline.

Failing to report a change of address, practicing on an expired or suspended license, or aiding unlicensed practice constitutes unprofessional conduct.

Sexual misconduct with a patient, exploitation, or boundary violations are grounds for discipline and may result in license revocation.

Advertising that is false or misleading, guaranteeing results, or using a name other than the licensee's own is prohibited.

Fee splitting, kickbacks, and paying for patient referrals violate Indiana law and Board rules.

Failing to maintain patient confidentiality or to obtain informed consent may be prosecuted as unprofessional conduct.

The Board may impose sanctions including reprimand, probation, suspension, revocation, and civil penalties, and may require remedial education.

A complaint may be filed with the Indiana Professional Licensing Agency or the Attorney General's office and is investigated before formal charges are filed.

The Attorney General prosecutes disciplinary actions before the Board; the licensee is entitled to notice and a hearing.

The Board may issue an emergency suspension if continued practice poses a danger to the public, pending a full hearing.

Settlement agreements (consent orders) may resolve cases and typically include findings, sanctions, and monitoring terms.

Sanctions include reprimand, censure, probation, suspension, revocation, and civil penalties, plus costs of the proceeding.

A licensee may appeal a final Board order to the courts under the Indiana Administrative Orders and Procedures Act.

Disciplinary actions are reported to national data banks and may affect licensure in other states through the Nurse Licensure Compact-style reporting.

Failure to comply with a Board order, such as practicing during suspension, is itself a separate violation and grounds for further discipline.

A dentist may administer local anesthesia and nitrous oxide in the office; a permit is required for moderate sedation and general anesthesia.

A hygienist may administer local anesthesia only after completing Board-approved training and holding a local anesthesia permit; the dentist must be present.

Nitrous oxide administration by a hygienist requires specific training and a permit, and the dentist must be available in the office.

Prescribing controlled substances requires a valid DEA registration and an Indiana controlled substance registration (CSR).

Indiana requires prescribers to check the INSPECT prescription monitoring program before prescribing opioids and to complete opioid CE each renewal cycle.

Prescriptions must be issued for a legitimate medical purpose and must be documented in the patient record, including drug, dose, quantity, and instructions.

A dentist may not prescribe to a person who is not a patient of record, and self-prescribing or prescribing to family members outside the practice is restricted.

Anesthesia and sedation records, including monitoring and informed consent, must be maintained and are subject to Board inspection.