KY Dental Juris cheat sheet

The practice of dentistry is governed by KRS Chapter 313; the Board of Dentistry adopts administrative regulations in 201 KAR Chapter 8 to implement it.

KRS 313.010 defines dentistry broadly: diagnosis, treatment, surgery, and correction of conditions of the oral cavity, teeth, gums, and jaws, plus fitting and dispensing of dental prostheses.

The Act creates the Kentucky Board of Dentistry as the licensing and disciplinary authority; board members are appointed by the Governor and include dentist and public members.

Practice without a license or beyond the scope of one's license is both a statutory violation and grounds for discipline; the Act authorizes injunctive relief against unlicensed practice.

Scope is tiered by license type: dentist (independent, unrestricted), dental hygienist (preventive and periodontal services, generally under supervision), and dental assistant (expanded duties only as authorized by regulation).

The Act authorizes the Board to define expanded duties for hygienists and assistants by regulation, so the scope of a given license is found in 201 KAR Chapter 8, not only in the statute.

Corporate practice is restricted: a dental practice must be owned by a licensed dentist, and fee-splitting with non-dentists or paying for patient referrals is prohibited.

A dentist is responsible for services performed in the office by auxiliaries, including services delegated to a hygienist or assistant within authorized duties.

Licensure requires graduation from an accredited dental school (or its equivalent), passage of national board and regional/state clinical examinations, and satisfaction of the Board's application requirements.

Kentucky dental licenses are renewed annually; the renewal cycle and deadlines are set by Board regulation, and late renewal requires a penalty fee and may require reinstatement.

Continuing education is a condition of renewal: licensees must complete the Board-required number of CE hours per renewal period, including mandated subject areas such as infection control and opioid/controlled-substance prescribing education.

CE credit is generally accepted only from Board-approved providers or courses; licensees must retain certificates of completion and produce them on audit or request.

Inactive or retired status may be available, but practicing on an inactive license is unlicensed practice; reactivation typically requires demonstrating current CE and possibly reexamination.

Licensure by credentials or reciprocity allows an out-of-state dentist to be licensed based on prior licensure and practice history, subject to Board review and any required examinations.

A license is a personal privilege, not a property right transferable to another person; a license may not be sold, loaned, or used by anyone other than the named holder.

Failure to renew, falsifying a renewal application, or claiming CE credit not earned are independent grounds for discipline separate from practicing without a license.

KRS 313.130 lists grounds for discipline, including fraud or deceit in obtaining a license, gross negligence or incompetence, and practicing beyond authorized scope.

Additional grounds include conviction of a felony or of a crime involving moral turpitude, and violation of any Board regulation or order.

Unprofessional conduct covers false or misleading advertising, fee splitting, patient abandonment, and failure to maintain adequate records.

Impairment from alcohol or drugs is a disciplinary ground; the Board may act on impairment and may require evaluation, treatment, and monitored recovery as a condition of continued practice.

Habitual intemperance or misuse of controlled substances, including self-prescribing, supports discipline and may trigger reporting obligations under Kentucky substance-abuse provisions.

Discipline may include reprimand, probation with conditions, suspension, revocation, restriction of practice, civil penalty, and cost recovery; the Board may also require remedial education.

A licensee must report certain adverse events to the Board, such as a malpractice judgment or settlement, criminal conviction, or disciplinary action taken by another jurisdiction.

The Board may impose an emergency suspension or restriction where continued practice presents an immediate danger to the public, subject to a prompt hearing.

Kentucky requires dentists to comply with CDC infection-control recommendations and Board regulations on asepsis; compliance is a condition of licensure, not merely a best practice.

Standard precautions apply to all patients regardless of diagnosis: hand hygiene, gloves, masks, eye protection, and gowns when splatter or spray is anticipated.

Critical and semicritical instruments must be cleaned, then sterilized by an accepted method (steam autoclave, dry heat, or chemical vapor), with biological monitoring of sterilizers at the interval required by regulation.

Sterilization records, including spore-test results and maintenance logs, must be maintained and available for Board inspection.

Single-use items such as needles and disposable sharps must not be reused; sharps must be placed in puncture-resistant containers and disposed of per Kentucky and federal requirements.

Occupational safety obligations include hepatitis B vaccination offers, exposure control plans, and post-exposure evaluation under OSHA bloodborne pathogens rules enforced in dental offices.

Waterlines and suction systems require the Board-recognized maintenance and monitoring protocols to limit biofilm and microbial contamination.

Dentists have public-health duties such as reporting suspected child abuse or neglect and cooperating with communicable-disease reporting and board-directed infection-control inspections.

Supervision levels are defined by regulation: direct supervision means the dentist is physically present in the office and has examined the patient; general supervision means the dentist has authorized the service but need not be present.

A dental hygienist may perform prophylaxes, scaling, root planing, and application of topical fluoride and sealants; the specific supervision level for each service is set by 201 KAR Chapter 8.

Expanded-duty functions for dental assistants (such as coronal polishing, radiographs, or certain restorative tasks) require formal Board-approved training and certification before delegation.

The delegating dentist retains responsibility for the delegated service and must ensure the auxiliary is competent, currently licensed or certified, and acting within authorized scope.

A dentist may not delegate diagnosis, treatment planning, surgical procedures, or prescription writing; these are nondelegable professional judgments.

Local anesthesia and nitrous oxide administration by auxiliaries are permitted only where the auxiliary holds the specific Board credential and the dentist provides the required level of supervision.

A hygienist may not practice independently of a supervising dentist except as expressly authorized by statute or regulation; practicing without required supervision is unlicensed practice.

Delegation records and supervision arrangements should be documented, and the Board may discipline a dentist for delegating to an unqualified or unsupervised auxiliary.

A dentist must maintain a complete record for each patient, including medical history, examination findings, diagnosis, treatment plan, radiographs, informed consent, and progress notes.

Records must be legible, contemporaneous, and retained for the period required by Board regulation; they are the property of the practice, but patients have a right of access to their information.

Informed consent requires disclosure of the diagnosis, the nature and purpose of the proposed treatment, material risks and alternatives (including no treatment), and documentation of the patient's agreement.

Consent for minors or incapacitated adults must be obtained from a legally authorized representative; emergency treatment exceptions are narrow.

Patient information is confidential and may be disclosed only with authorization or as required or permitted by law, such as mandatory abuse reporting, court order, or public-health reporting.

HIPAA privacy and security rules apply to dental practices as covered entities: minimum-necessary use, safeguards for electronic records, breach notification, and business associate agreements.

Records must not be altered retroactively to conceal error; late entries should be clearly identified by date and author, and falsification of records is an independent disciplinary ground.

Retaining records after a patient leaves the practice, and responding to requests for copies within required timeframes, are ongoing compliance obligations.

A dentist may prescribe only within the scope of dental practice and only after establishing a legitimate dentist-patient relationship and documenting the clinical basis.

A dentist must hold a valid DEA registration for the schedules prescribed; Kentucky also requires state controlled-substance registration or authorization as a condition of prescribing.

Schedule II controlled substances require a written or electronic prescription with no refills; schedules III-V have refill limits set by federal law and Board regulation.

KASPER is Kentucky's prescription drug monitoring program; prescribers must query KASPER before prescribing controlled substances in the circumstances the statute requires, such as initial opioid prescriptions or when red flags exist.

Kentucky law limits opioid prescriptions for acute pain, including a short-day supply limit for initial prescriptions, with exceptions documented in the record.

Prescribing to oneself, to family members, or without a documented examination is prohibited and is unprofessional conduct subject to discipline.

Prescription records, including KASPER queries and rationale for controlled substances, should be retained as part of the patient record.

Lost, stolen, or compromised prescription pads and DEA registration changes must be reported as required by federal and state law.

Advertising must be truthful and not misleading; claims of specialty or superiority require Board-recognized specialty credentials or verifiable factual support.

Use of a trade name or assumed name is permitted only if registered and if it does not imply the practice is a specialty it is not.

Fee splitting with a non-dentist who is not a bona fide employee or owner is prohibited; paying a commission for patient referrals is likewise prohibited.

A dentist may not pay or receive consideration for the referral of patients, and may not divide fees with a laboratory or other vendor beyond payment for actual services.

Solicitation of patients through false, deceptive, or coercive means, or in a manner that exploits a patient's vulnerability, is unprofessional conduct.

Testimonials and before-and-after images must not create an unjustified expectation of results; advertising must disclose the identity of the dentist responsible.

Offering discounts or free services is permissible if not deceptive, but advertising a fee the dentist does not intend to honor is prohibited.

Ethical obligations include avoiding conflicts of interest, not guaranteeing outcomes, and not disparaging another dentist's care without factual basis.

The Board of Dentistry investigates complaints, issues subpoenas, conducts investigations, and may initiate disciplinary proceedings against licensees.

A complaint may be filed by a patient, another licensee, or any member of the public; the Board's inquiry process is governed by 201 KAR Chapter 8 and KRS Chapter 13B.

Disciplinary hearings are contested cases under KRS Chapter 13B: the licensee receives notice of charges, a right to counsel, a right to present evidence, and a right to cross-examine witnesses.

A hearing officer or the Board conducts the hearing and issues findings; the Board then imposes sanctions, and the licensee may appeal to circuit court under KRS Chapter 13B.

The Board may issue subpoenas for records and testimony, and failure to cooperate with an investigation is itself a ground for discipline.

The Board may impose emergency restrictions before a final hearing where public safety requires it, with a prompt post-deprivation hearing.

Board orders may include probation monitoring, practice restrictions, fines, and cost recovery; violations of an order are separate grounds for further discipline.

The Board publishes disciplinary actions and reports to national data banks, and licensees must self-report certain adverse actions as required by law.