The Board finds, using the criteria set forth in ORS
that a licensee engages in or permits the performance of unacceptable patient
care if the licensee does or permits any person to:
(1) Provide treatment which exposes a patient
to risk of harm when equivalent or better treatment with less risk to the
patient is available.
(2) Fail to
seek consultation whenever the welfare of a patient would be safeguarded or
advanced by having recourse to those who have special skills, knowledge and
experience; provided, however, that it is not a violation of this section to
omit to seek consultation if other competent licensees in the same locality and
in similar circumstances would not have sought such consultation.
(3) Fail to provide or arrange for emergency
treatment for a patient currently receiving treatment.
(4) Fail to exercise supervision required by
the Dental Practice Act over any person or permit any person to perform duties
for which the person is not licensed or certified.
(5) Render services which the licensee is not
licensed to provide.
(6) Fail to
comply with ORS 453.605 to
453.755 or rules adopted
pursuant thereto relating to the use of x-ray machines.
Fail to maintain patient records in
accordance with OAR 818-012-0070
(8) Fail to provide goods or services in a
reasonable period of time which are due to a patient pursuant to a contract
with the patient or a third party.
(9) Attempt to perform procedures which the
licensee is not capable of performing due to physical or mental
(10) Perform any
procedure for which the patient or patient's guardian has not previously given
informed consent provided, however, that in an emergency situation, if the
patient is a minor whose guardian is unavailable or the patient is unable to
respond, a licensee may render treatment in a reasonable manner according to
(11) Use the
behavior management technique of Hand Over Mouth (HOM) without first obtaining
informed consent for the use of the technique.
(12) Use the behavior management technique of
Hand Over Mouth Airway Restriction (HOMAR) on any patient.
(13) Fail to determine and document a dental
justification prior to ordering a Cone Beam CT series with field greater than
10x10 cm for patients under 20 years of age where pathology, anatomical
variation or potential treatment complications would not be otherwise visible
with a Full Mouth Series, Panoramic or Cephalometric radiographs.
(14) Fail to advise a patient of any
recognized treatment complications.
Or. Admin. R.
DE 6, f. 8-9-63, ef.
9-11-63; DE 14, f. 1-20-72, ef. 2-10-72; DE 5-1980, f. & ef. 12-26-80; DE
2-1982, f. & ef. 3-19-82; DE 5-1982, f. & ef. 5-26-82; DE 9-1984, f.
& ef. 5-17-84; Renumbered from 818-010-0080; DE 3-1986, f. & ef.
3-31-86; DE 1-1988, f. 12-28-88, cert. ef. 2-1-89, DE 1-1989, f. 1-27-89, cert.
ef. 2-1-89; Renumbered from 818-011-0020; DE 2-1997, f. & cert. ef.
2-20-97; DE 3-1997, f. & cert. ef. 8-27-97; OBD 7-2001, f. & cert. ef.
2-2016, f. 11-2-16, cert. ef.
Stat. Auth.: ORS 679 & 680
Stats. Implemented: ORS