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17-82-104. Unlawful practice — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
17-82-104. Unlawful practice — Definition.
(a) It is unlawful for a dentist or dental hygienist to:
(1)(A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq.
(B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or
(2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof.
(b)(1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to:
(A) Direct the dentist's practice; or
(B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care.
(2) However, the phrase “any person” as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization.
(c) It is unlawful for any corporation to practice dentistry or dental hygiene or to hold itself out as entitled to engage therein.
(d)(1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist.
(2)(A) As used in this subsection, “general supervision” means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility wh
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-82-104
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:17-82-104
Source file: gov.ar.code.title.17.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f9d1fa2b5949bb5e5ef4d4bae3da764ac98162c06204d61fc02fece9c614ddd3
Source location: content.xml paragraph 20131
Stored source content
17-82-104. Unlawful practice — Definition.
(a) It is unlawful for a dentist or dental hygienist to:
(1)(A) Practice in the State of Arkansas under any name other than his or her own true name. However, a dentist may practice under a corporate name that complies with the Dental Corporation Act, § 4-29-401 et seq.
(B) A dentist or a dental corporation may practice under a fictitious name if the name has been registered with and approved by the Arkansas State Board of Dental Examiners. The fictitious name must comply with the rules of the board and must not be false or misleading to the general public; or
(2) Aid or assist in any manner any unlicensed person to practice dentistry or dental hygiene or any branch thereof.
(b)(1) It is unlawful for a dentist, whether in practice as owner, proprietor, manager, employee, or partner, to allow any person other than a dentist licensed by the board to:
(A) Direct the dentist's practice; or
(B) Direct, participate in, or affect the diagnosis or treatment of patients under the dentist's care.
(2) However, the phrase “any person” as used in this subsection shall not apply to a patient's dental insurer or dental HMO or a patient's designated utilization review organization.
(c) It is unlawful for any corporation to practice dentistry or dental hygiene or to hold itself out as entitled to engage therein.
(d)(1) A registered licensed dental hygienist working at a Division of Correction or Division of Community Correction facility may work under the general supervision of a licensed dentist.
(2)(A) As used in this subsection, “general supervision” means that a licensed dentist has authorized a procedure performed by a dental hygienist but the licensed dentist is not required to be present in the treatment facility while the procedure is being performed by the dental hygienist.
(B) “General supervision” includes the following restrictions:
(i) The dentist shall establish a written office protocol that specifically indicates when a dental hygienist may treat a patient and when a patient is to be seen by a dentist;
(ii) The dental hygienist shall specifically adhere to the protocol for treatment developed by the dentist;
(iii)(a) A dental hygienist working under general supervision may perform any duties that may be delegated to a dental hygienist under this subchapter or the rules of the board.
(b) A dental hygienist may perform duties under subdivision (d)(2)(B)(iii)(a) of this section only after a licensed dentist has examined the patient; and
(C) The dental hygienist shall review a patient's dental health history before treatment.
(e)(1) A person who violates any provision of this section shall upon conviction be guilty of a violation and shall be fined in any sum not less than fifty dollars ($50.00) nor more than five hundred dollars ($500).
(2) Each day a violation continues shall constitute a separate offense.
(3) In addition to the foregoing criminal sanctions, a person who violates the provisions of this section is subject to the liabilities of § 17-82-301(b).
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Arkansas Code — all titles (historical 2020) · legal_authorities
17-82-301. License required — Penalty.
(a)(1) No person shall practice dentistry or dental hygiene or attempt or offer to practice either within the State of Arkansas without first having been authorized and issued a regular license by the Arkansas State Board of Dental Examiners.
(2) No person shall practice dentistry or dental hygiene or attempt or offer to practice either within the State of Arkansas during any period of suspension of his or her license by the board or after revocation by the board of any license theretofore issued to the offending person.
(b) The board is entitled to the equitable remedy of injunction against any person who practices dentistry or dental hygiene or attempts or offers to practice either in violation of subsection (a) of this section.
(c) Any person who violates any provision of subsection (a) of this section shall be guilty of a Class D felony and shall be subject to imprisonment not to exceed six (6) years in the Division of Correction or a fine of up to ten thousand dollars ($10,000), or both. Each unauthorized act constitutes a separate offense.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 17-82-301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 17-82-301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-29-401. Title and definitions.
(a) This subchapter may be cited as the “Dental Corporation Act”.
(b) As used in this subchapter, unless the context otherwise requires:
(1) “Beneficial owner” means an individual who is the grantor and sole trustee of a revocable living trust wherein the individual reserves the unrestricted right to revoke the trust;
(2) “Professional service” means any type of professional service which may be legally performed only pursuant to license or other legal personal authorization, for example: the personal service rendered by certified public accountants, architects, engineers, dentists, doctors, and attorneys at law; and
(3) “Shareholder” means either the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares of a revocable living trust where the shares are registered in the records of the corporation in the name of the revocable living trust.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-29-401
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 4-29-401. This identifies an authority to review, not proof of applicability.