17-82-302. Exemptions — Definition.

17-82-302. Exemptions — Definition. This chapter does not prohibit or require a license for the following acts or practices: (1) The performance of duty in this state of a commissioned dental or medical officer of the United States Army, United States Air Force, United States Navy, United States Department of Veterans Affairs, or United States Public Health Service; (2) Clinical demonstrations before a society or convention of dentists or dental hygienists by a licensed dentist or dental hygienist of another state, territory, or the District of Columbia; (3)(A) Acts that would otherwise constitute the practice of dentistry or dental hygiene by students under the supervision of instructors in any dental college, university, hospital or institution, or dental department of any college, university, hospital or institution, or school of dental hygiene in this state that is recognized as being reputable by the Council on Dental Education and Licensure of the American Dental Association and approved by the Arkansas State Board of Dental Examiners. (B) The acts described in subdivision (3)(A) of this section are those performed within the educational facility incident to a course of study or training and are not carried on for personal profit; (4)(A) Acts that would otherwise constitute the practice of dentistry by a graduate of a college of dentistry approved by the board who is engaged in an internship or residency program in a dental college, university, hospital or institution, or dental department of any college, university, hospital or institution in this state that is recognized as reputable by the Council on Dental Education and Licensure of the American Dental Association and approved by the board. (B) The acts described in subdivision (4)(A) of this section are those performed within the facility pursuant to the internship or residency program, and the intern or resident serves without fee or compensation other than that received in salary or other authorized allowances; (5)(A) Acts that would otherwise constitute the practice of dentistry by a graduate of a college of dentistry approved by the board who is engaged in teaching dentistry in a dental college, university, hospital or institution, or dental department of any college, university, hospital or institution in this state that is recognized as reputable by the Council on Dental Education and Licensure of the American Dental Association and approved by the board. (B) The acts described in subdivision (5)(A) of this section are those performed within the facility pursuant to the teaching appointment, and the person serves without fee or compensation other than that received in salary or other authorized allowances; (6)(A) The practice of dentistry or dental hygiene within the scope of the dentist's or dental hygienist's duties as an employee of the United States Bureau of Prisons, provided that the dentist or dental hygienist has obtained a license to practice from Arkansas or any other state, territory, the District of Columbia, or Canada. (B) Dentists and dental hygienists authorized to practice under subdivision (6)(A) of this section may provide dental treatment or services only to inmates and shall not provide dental treatment or services to other employees of the United States Bureau of Prisons or any other person; (7) The practice of dentistry or dental hygiene through a program in partnership with federal Innovative Readiness Training if the dentist or dental hygienist has obtained a license to practice from another state, commonwealth, territory, or the District of Columbia; (8)(A) The practice of dentistry or dental hygiene for purposes of an employment interview process for no more than four (4) consecutive days per calendar year in the State of Arkansas by an applicant licensed in good standing by another state or the District of Columbia. (B) At least fourteen (14) days before practicing dentistry in Arkansas, the applicant shall provide the board with the following information: (i) The name of the supervising dentist who is licensed in Arkansas and who will be supervising the applicant; (ii) The dates and location where the applicant will practice; (iii) A copy of the license of the applicant from the other jurisdiction; (iv) A copy of the malpractice insurance policy covering the applicant or a certificate of insurance coverage from the underwriting insurer of the policy; and (v)(a) A letter or certificate from the respective licensing entity in the home state of the applicant indicating that the applicant is in good standing. (b) As used in this subdivision (8)(B)(v), “good standing” means the applicant has an active license without a complaint, investigation, or action against him or her. (C) The board shall be deemed to have approved the applicant to practice to the extent permitted under this subdivision (8) unless the board takes action within ten (10) days of receiving the information on grounds that: (i) The information provided by the applicant is false, inaccurate, or incomplete; or (ii) The applicant is not qualified to practice in Arkansas; or (9)(A) The practice of dentistry without compensation for no more than four (4) consecutive days per calendar year in the State of Arkansas by a dentist licensed in another state or the District of Columbia if the dentist has applied for and received a temporary license from the board. (B) An applicant seeking a temporary charitable dental license shall submit an application and any application fees required by the board and: (i) The name of the supervising dentist who is licensed in Arkansas; (ii) The dates and location where the applicant desires to practice within Arkansas; (iii) A copy of the applicant's dental license from another jurisdiction; (iv)(a) A letter from the respective dental licensing entity in the home state of the applicant indicating that the applicant is in good standing. (b) As used in this subdivision (9)(B)(iv), “good standing” means the individual has an active license without a complaint, investigation, or action against him or her; (v) A copy of the malpractice insurance policy covering the applicant or a certificate of insurance coverage from the underwriting insurer of the policy; and (vi) Other pertinent information as determined by the board. (C)(i) An applicant seeking a temporary charitable dental license issued by the board shall provide written authorization to the board to allow the Department of Arkansas State Police to release the results of state and federal criminal history background checks to the board as required under § 17-82-801 et seq. (ii) An applicant shall pay the fees associated with the criminal background checks. (D) A dentist shall not practice in Arkansas under this subdivision until the board issues a temporary charitable dental license. (E) The board may renew a temporary charitable dental license in subsequent years if the dentist submits a renewal form, a renewal fee determined by the board, and any other information as determined by the board. (F) This subdivision does not apply to a dentist who is issued a permanent license by the board under § 17-82-304.