IN Dental Juris cheat sheet

The Indiana Dental Practice Act is codified at Indiana Code Article 25, Article 14 (IC 25-14), with administrative rules for dentistry at 828 IAC 1.

IC 25-14-1-1 defines the practice of dentistry broadly: diagnosing, treating, operating, or prescribing for any disease, pain, deformity, deficiency, injury, or physical condition of the human tooth, teeth, gums, jaws, or adjacent tissue.

The Indiana State Board of Dentistry Examiners administers the Act; the Board consists of licensed dentists plus public members, and its rulemaking authority is delegated by statute.

The Indiana Professional Licensing Agency (IPLA) provides staff and administrative support to the Board; licensing, renewal processing, and records are handled through IPLA.

Statutory definitions control over colloquial usage: terms such as "dentist," "dental hygienist," "dental assistant," and "practice of dentistry" carry the meaning assigned in IC 25-14 and 828 IAC.

The Act establishes distinct license categories: dentist, dental hygienist, and expanded-function/auxiliary designations, each with separate scope and supervision rules.

Violations of the Act may be enforced through the Board's disciplinary process under IC 25-1-9, including license reprimand, probation, suspension, or revocation.

The Board may adopt emergency rules and the Act is subject to periodic sunset review by the Indiana General Assembly; statutory amendments supersede prior board interpretations.

Dental licenses in Indiana are renewed biennially on a schedule set by the Board and IPLA; renewal requires a completed application, fee, and attestation of continuing education.

Continuing education for dentists typically requires a set number of hours per renewal cycle, with a portion designated for subjects such as infection control and ethics; verify current hour counts in 828 IAC before relying on a specific number.

A licensee must retain CE certificates and documentation for audit; failure to produce proof on request can support disciplinary action.

Late renewal after expiration may require a reinstatement application, additional fee, and possibly additional CE; practicing on an expired license is unlicensed practice.

An applicant must pass required examinations (e.g., national board and clinical/regional examinations accepted by the Board) and meet education and character requirements before licensure.

License status (active, inactive, expired, suspended) determines whether the holder may practice; inactive or retired status generally prohibits practice until reactivated.

Name or address changes must be reported to IPLA within the time specified by rule; failure to maintain current information can result in discipline.

Reciprocity/licensure by credentials is available for licensees from other jurisdictions meeting Board criteria; the Board evaluates equivalence of education and examination.

"Direct supervision" requires the dentist to be physically present in the office and to examine the patient before and after the delegated procedure; "general supervision" requires prior authorization but not on-site presence.

Dental hygienists may perform prophylaxis, scaling, root planing, and patient education; certain functions require direct supervision while others may be performed under general supervision per 828 IAC.

Expanded-function dental assistants may perform specified reversible procedures (e.g., coronal polishing, sealants, taking radiographs) only after completing required training and under the supervision level prescribed by rule.

The dentist retains ultimate responsibility for all delegated procedures and for the patient's care regardless of who performs the task.

A dentist may not delegate procedures reserved to the dentist by statute, such as diagnosis, treatment planning, and surgical procedures requiring the dentist's skill and judgment.

Local anesthesia and nitrous oxide administration by auxiliaries require specific certification and supervision conditions set by statute and rule.

A dentist may not supervise more than the number of auxiliaries permitted by rule at one time; supervision ratios are set by the Board.

Delegation must be documented in the patient record, including the procedure, the auxiliary performing it, and the supervising dentist.

The standard of care is that degree of skill, care, and knowledge ordinarily exercised by reasonably prudent dentists under similar circumstances in the same or similar community.

Informed consent requires disclosure of diagnosis, nature and purpose of treatment, material risks and benefits, alternatives (including no treatment), and the opportunity to ask questions.

Consent must be obtained from the patient, or from a legally authorized representative for minors or incapacitated adults; consent should be documented in the record.

Patient records must be legible, accurate, contemporaneous, and sufficiently detailed to permit another dentist to provide continuing care.

Records should include medical history, clinical findings, radiographs, diagnosis, treatment plan, informed consent documentation, medications prescribed, and progress notes.

Records must be retained for the period required by Indiana law and Board rule; retention obligations continue after a practice closes or a dentist retires.

Corrections to records must be made by addendum or dated correction, not by obliterating or altering prior entries.

Patient records are confidential; release requires patient authorization or a legal exception such as subpoena, court order, or mandatory reporting obligation.

Indiana dental practices must follow CDC infection prevention guidance and OSHA bloodborne pathogens standards (29 CFR 1910.1030) as applicable to dental settings.

An exposure control plan must be written, reviewed annually, and made available to employees; it identifies tasks with exposure risk and methods of protection.

Hepatitis B vaccination must be offered at no cost to employees with occupational exposure within 10 working days of assignment.

Personal protective equipment (gloves, masks, eye protection, gowns) is required for procedures likely to generate splash or spatter; gloves are not a substitute for hand hygiene.

Critical and semicritical instruments require sterilization (autoclave or equivalent) with biological monitoring at the frequency specified by accepted standards; spore testing records must be kept.

Handpieces and other items contacting mucosa must be cleaned and heat-sterilized between patients; single-use items must not be reused.

Post-exposure evaluation and follow-up must be provided after an occupational exposure incident, including source evaluation and confidential medical evaluation.

Sharps must be disposed of in puncture-resistant, labeled containers; regulated medical waste handling follows state and federal requirements.

A dentist may prescribe only in the course of legitimate dental practice and within the scope of the dentist-patient relationship; prescribing for self, family, or without examination is prohibited.

Indiana dentists must register with the DEA and obtain an Indiana controlled substances registration to prescribe controlled substances; the state registration is separate from the DEA number.

Schedule II prescriptions must be written, electronic, or oral in emergencies with follow-up written prescription, and are subject to refill prohibitions.

Indiana requires prescribers to check the INSPECT prescription monitoring program before prescribing certain controlled substances (e.g., opioids) as specified by statute.

INSPECT reporting requirements apply to dispensers; prescribers must register with INSPECT and use it consistent with statutory thresholds and exceptions.

A dentist must maintain a current DEA registration and comply with recordkeeping, inventory, and secure storage requirements for controlled substances in the office.

Prescriptions must include the prescriber's name, license number, DEA number where required, patient identification, drug, strength, quantity, directions, and date.

Prescribing outside the scope of dental practice or without a documented patient evaluation is a disciplinary ground and may constitute a criminal offense.

IC 25-1-9 defines disciplinary sanctions available to the Board, including reprimand, probation, suspension, revocation, and civil penalties.

Grounds for discipline include fraud or deception in obtaining a license, incompetence, negligence, and violation of the Dental Practice Act or Board rules.

Unprofessional conduct includes practicing while impaired, failing to maintain required records, and failing to cooperate with a Board investigation.

A licensee must respond to Board inquiries and comply with subpoenas; failure to cooperate is itself a separate disciplinary ground.

Conviction of certain crimes, including crimes of moral turpitude and controlled substance offenses, may support discipline.

The Board may impose emergency suspension when continued practice presents a clear and immediate danger to the public.

Discipline imposed in another jurisdiction may be grounds for discipline in Indiana; the Board may act on the foreign action.

Sanctions may include conditions such as practice monitoring, additional CE, or restricted scope; violation of a Board order is separately sanctionable.

Abandonment is the unilateral termination of the dentist-patient relationship without reasonable notice and without providing for continuing care or an opportunity to obtain care elsewhere.

A dentist may terminate the relationship for nonpayment, noncompliance, or irreconcilable differences, but must give written notice, allow a reasonable time to find another provider, and provide records on request.

Termination should be documented in the patient record, including the reason, notice date, and any referral made.

A dentist may not abandon a patient during an active course of treatment; treatment must be completed or an orderly transfer arranged.

Referral to a specialist does not terminate the relationship unless the patient is formally discharged; the referring dentist generally remains responsible for coordinating care.

A dentist may decline to treat a new patient, but once the relationship is established, termination requires the notice and transfer steps above.

Emergency care should be provided to prevent harm even if the patient is being discharged, consistent with the duty not to abandon.

Records must be made available to the patient or successor provider on request, subject to applicable law and any unpaid-fee provisions permitted by rule.

Advertising must be truthful and not misleading; false, deceptive, or exaggerated claims about skill, outcomes, or credentials are prohibited.

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

Fee splitting-paying or receiving compensation for patient referrals-is prohibited except for bona fide employment arrangements, partnerships, or professional corporations permitted by law.

A dentist may not pay a commission or percentage of fees to a non-dentist for referral of patients; such arrangements are unprofessional conduct.

Use of titles such as "Dr." is restricted to those holding a doctoral degree; a dentist must identify licensure status accurately in advertising.

Solicitation of patients through misleading offers, bait-and-switch pricing, or guarantees of results may be disciplined as false advertising.

Business arrangements must comply with the corporate practice doctrine and Indiana professional entity rules; only licensed dentists may own a dental practice in the forms permitted by law.

Records, patient lists, and goodwill are practice assets subject to contractual and ethical rules on transfer and patient notification.

Indiana law requires certain persons to report suspected child abuse or neglect, including dentists as mandated reporters under IC 31-33.

A licensee must report another licensee who is impaired or practicing below the standard of care when the reporting obligation is triggered by statute or Board rule.

The Indiana Professionals Recovery Program (IPRP) provides monitoring and treatment for licensees with substance use or mental health conditions; participation may be confidential and voluntary or Board-ordered.

Self-reporting of impairment before a complaint is filed may allow diversion to a monitoring program rather than discipline, depending on the Board's order.

Peer review conducted by a professional review committee is generally protected and confidential under Indiana peer review statutes; participants may have immunity for good-faith actions.

Peer review records are typically not discoverable in civil litigation, subject to statutory exceptions.

Knowingly failing to report as required can itself be a disciplinary ground and, for child abuse, a criminal offense.

Reports must be made to the designated agency (e.g., Department of Child Services for child abuse) or the Board/IPLA, as the statute specifies.