MT Dental Hygiene Jurisprudence cheat sheet

The Montana Dental Practice Act is codified in Title 37, Chapter 4 of the Montana Code Annotated (MCA); administrative rules implementing it appear in ARM Title 24, Chapter 138.

"Practice of dentistry" includes diagnosis, treatment planning, surgery, prescribing, and holding oneself out as able to perform those acts; the Act defines who may perform each.

"Practice of dental hygiene" is a defined subset of services performed under the Act's supervision framework; hygienists may not independently diagnose or prescribe.

The Montana Board of Dentistry, administratively attached to the Department of Labor and Industry, licenses dentists, dental hygienists, and dental assistants.

License categories include dentist, dental hygienist, and dental assistant (with levels such as traditional and restorative functions defined in rule).

Only a licensed dentist may own or control the professional judgment of a dental practice; unlicensed practice and aiding unlicensed practice are violations.

The Act authorizes the Board to adopt rules on licensure qualifications, supervision, infection control, records, and discipline; rule violations are grounds for discipline.

A person practicing without a license or beyond the scope of a license is subject to injunctive relief and civil or criminal penalties under the Act.

Dental hygiene services are limited to procedures the hygienist is licensed and competent to perform and that fall within the supervision level the dentist has authorized.

Supervision categories defined in the Act and rules include direct, indirect, and general supervision; the category depends on the procedure and patient condition.

Direct supervision means the dentist has authorized the procedure, is physically present in the office, and evaluates the patient before and after treatment.

Indirect supervision means the dentist has authorized the procedure and is physically present in the office but does not need to evaluate the patient before treatment.

General supervision means the dentist has authorized the procedure but is not required to be physically present on site at the time of service.

Local anesthesia and nitrous oxide administration by hygienists require specific additional training, certification, and a dentist's authorization per Board rule.

Restorative functions performed by dental assistants or hygienists require Board-defined coursework and credentialing; hygienists may not exceed the listed functions.

A hygienist must refer conditions outside hygiene scope to the supervising dentist and may not independently diagnose or prescribe.

Licensure requires graduation from an accredited dental hygiene program, successful completion of required examinations, and application to the Board with fees.

Clinical and jurisprudence examinations are required; the jurisprudence examination covers Montana law and Board rules.

Licenses renew on the Board's established cycle; a late renewal may require a penalty fee, and practicing on an expired license is unlicensed practice.

Continuing education is required each renewal cycle in amounts set by Board rule, with specified subject areas such as infection control and ethics.

CE hours must be documented and retained; the Board may audit and require proof of completion.

Inactive or retired status may be available on request; practicing while inactive is a violation.

Licensure by credentials or endorsement may be available for licensees from other jurisdictions meeting Board criteria.

Discipline in another jurisdiction or a criminal conviction may be reported and can be grounds for Montana discipline or denial.

Montana adopts CDC and OSHA-based infection control standards through Board rule; compliance is mandatory for all licensees and staff.

Standard precautions apply to all patients regardless of known infectious status; treat all blood and saliva as potentially infectious.

Hand hygiene is performed before and after patient contact, after glove removal, and after contact with contaminated items.

Personal protective equipment includes gloves, masks, eye protection, and gowns as indicated by anticipated exposure to bloodborne pathogens.

Critical and semicritical instruments must be cleaned and sterilized between patients; sterilization must be monitored with biological and chemical indicators.

Single-use items are not reused; sharps are disposed of in designated puncture-resistant containers.

Surface barriers or disinfection are used for clinical contact surfaces; housekeeping surfaces follow written office protocols.

Needlestick and exposure incidents require immediate first aid, reporting, and post-exposure evaluation under the office exposure control plan.

A patient record must be legible, accurate, contemporaneous, and include history, diagnosis, treatment, and informed consent documentation.

Records are the property of the practice, but patients have a right of access to their records under Board rule and state law.

Patient information is confidential; disclosure requires patient authorization or a legal exception such as court order or mandatory reporting.

Informed consent requires disclosure of diagnosis, proposed treatment, alternatives, and material risks, and the patient's voluntary agreement.

Consent for minors requires a parent or legal guardian; exceptions exist for specific statutory situations.

Corrections to records are made by dated addendum, not by altering or deleting prior entries.

Records must be retained for the period required by Board rule and state law and released in accordance with those requirements.

Breach of confidentiality, falsification of records, or treatment without consent are grounds for Board discipline.

Unprofessional conduct includes fraud, misrepresentation, practicing beyond scope, and impairment from drugs or alcohol.

Licensees must report suspected impairment or misconduct of colleagues to the Board as required by the Act.

Patient abandonment, failure to refer, and failure to obtain informed consent are recognized grounds for discipline.

Fee splitting, kickbacks, and false billing are prohibited; advertising must not be false or misleading.

Confidentiality violations, including unauthorized disclosure of patient information, constitute unprofessional conduct.

Aiding unlicensed practice or allowing unlicensed persons to perform clinical procedures is a violation.

Licensees must cooperate with Board investigations; failure to respond to Board inquiries is itself a violation.

Discipline imposed in another state or a criminal conviction may be treated as unprofessional conduct in Montana.

The Board investigates complaints, may issue subpoenas, and may hold contested case hearings under the Montana Administrative Procedure Act.

A complaint may be filed by a patient, another licensee, or the Board itself; the Board screens complaints and may dismiss or investigate.

The Board may impose sanctions including reprimand, probation, suspension, revocation, and conditions on practice.

Civil penalties, costs, and public disclosure of discipline may accompany Board orders.

Interim or summary suspension may occur where there is an immediate threat to public health and safety.

Licensees are entitled to notice and an opportunity to be heard; final orders may be appealed to district court under MAPA.

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

The Board publishes disciplinary actions and reports to national databases as required by law.

The Montana Dental Practice Act is codified in Title 37, Chapter 4 of the Montana Code Annotated (MCA); administrative rules implementing it appear in ARM Title 24, Chapter 138.

"Practice of dentistry" includes diagnosis, treatment planning, surgery, prescribing, and holding oneself out as able to perform those acts; the Act defines who may perform each.

"Practice of dental hygiene" is a defined subset of services performed under the Act's supervision framework; hygienists may not independently diagnose or prescribe.

The Montana Board of Dentistry, administratively attached to the Department of Labor and Industry, licenses dentists, dental hygienists, and dental assistants.

License categories include dentist, dental hygienist, and dental assistant (with levels such as traditional and restorative functions defined in rule).

Only a licensed dentist may own or control the professional judgment of a dental practice; unlicensed practice and aiding unlicensed practice are violations.

The Act authorizes the Board to adopt rules on licensure qualifications, supervision, infection control, records, and discipline; rule violations are grounds for discipline.

A person practicing without a license or beyond the scope of a license is subject to injunctive relief and civil or criminal penalties under the Act.

Dental hygiene services are limited to procedures the hygienist is licensed and competent to perform and that fall within the supervision level the dentist has authorized.

Supervision categories defined in the Act and rules include direct, indirect, and general supervision; the category depends on the procedure and patient condition.

Direct supervision means the dentist has authorized the procedure, is physically present in the office, and evaluates the patient before and after treatment.

Indirect supervision means the dentist has authorized the procedure and is physically present in the office but does not need to evaluate the patient before treatment.

General supervision means the dentist has authorized the procedure but is not required to be physically present on site at the time of service.

Local anesthesia and nitrous oxide administration by hygienists require specific additional training, certification, and a dentist's authorization per Board rule.

Restorative functions performed by dental assistants or hygienists require Board-defined coursework and credentialing; hygienists may not exceed the listed functions.

A hygienist must refer conditions outside hygiene scope to the supervising dentist and may not independently diagnose or prescribe.

Licensure requires graduation from an accredited dental hygiene program, successful completion of required examinations, and application to the Board with fees.

Clinical and jurisprudence examinations are required; the jurisprudence examination covers Montana law and Board rules.

Licenses renew on the Board's established cycle; a late renewal may require a penalty fee, and practicing on an expired license is unlicensed practice.

Continuing education is required each renewal cycle in amounts set by Board rule, with specified subject areas such as infection control and ethics.

CE hours must be documented and retained; the Board may audit and require proof of completion.

Inactive or retired status may be available on request; practicing while inactive is a violation.

Licensure by credentials or endorsement may be available for licensees from other jurisdictions meeting Board criteria.

Discipline in another jurisdiction or a criminal conviction may be reported and can be grounds for Montana discipline or denial.

Montana adopts CDC and OSHA-based infection control standards through Board rule; compliance is mandatory for all licensees and staff.

Standard precautions apply to all patients regardless of known infectious status; treat all blood and saliva as potentially infectious.

Hand hygiene is performed before and after patient contact, after glove removal, and after contact with contaminated items.

Personal protective equipment includes gloves, masks, eye protection, and gowns as indicated by anticipated exposure to bloodborne pathogens.

Critical and semicritical instruments must be cleaned and sterilized between patients; sterilization must be monitored with biological and chemical indicators.

Single-use items are not reused; sharps are disposed of in designated puncture-resistant containers.

Surface barriers or disinfection are used for clinical contact surfaces; housekeeping surfaces follow written office protocols.

Needlestick and exposure incidents require immediate first aid, reporting, and post-exposure evaluation under the office exposure control plan.

A patient record must be legible, accurate, contemporaneous, and include history, diagnosis, treatment, and informed consent documentation.

Records are the property of the practice, but patients have a right of access to their records under Board rule and state law.

Patient information is confidential; disclosure requires patient authorization or a legal exception such as court order or mandatory reporting.

Informed consent requires disclosure of diagnosis, proposed treatment, alternatives, and material risks, and the patient's voluntary agreement.

Consent for minors requires a parent or legal guardian; exceptions exist for specific statutory situations.

Corrections to records are made by dated addendum, not by altering or deleting prior entries.

Records must be retained for the period required by Board rule and state law and released in accordance with those requirements.

Breach of confidentiality, falsification of records, or treatment without consent are grounds for Board discipline.

Unprofessional conduct includes fraud, misrepresentation, practicing beyond scope, and impairment from drugs or alcohol.

Licensees must report suspected impairment or misconduct of colleagues to the Board as required by the Act.

Patient abandonment, failure to refer, and failure to obtain informed consent are recognized grounds for discipline.

Fee splitting, kickbacks, and false billing are prohibited; advertising must not be false or misleading.

Confidentiality violations, including unauthorized disclosure of patient information, constitute unprofessional conduct.

Aiding unlicensed practice or allowing unlicensed persons to perform clinical procedures is a violation.

Licensees must cooperate with Board investigations; failure to respond to Board inquiries is itself a violation.

Discipline imposed in another state or a criminal conviction may be treated as unprofessional conduct in Montana.

The Board investigates complaints, may issue subpoenas, and may hold contested case hearings under the Montana Administrative Procedure Act.

A complaint may be filed by a patient, another licensee, or the Board itself; the Board screens complaints and may dismiss or investigate.

The Board may impose sanctions including reprimand, probation, suspension, revocation, and conditions on practice.

Civil penalties, costs, and public disclosure of discipline may accompany Board orders.

Interim or summary suspension may occur where there is an immediate threat to public health and safety.

Licensees are entitled to notice and an opportunity to be heard; final orders may be appealed to district court under MAPA.

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

The Board publishes disciplinary actions and reports to national databases as required by law.