Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 439 By: Bergstrom
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6 AS INTRODUCED
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7 An Act relating to diagnostic x-ray systems; amending
7 59 O.S. 2021, Section 328.15, as last amended by
8 Section 2, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
8 2024, Section 328.15), which relates to powers and
9 duties of the Board of Dentistry; requiring the Board
9 to enforce certain state and federal laws; amending
10 63 O.S. 2021, Section 1-1503, which relates to
10 diagnostic x-ray systems; providing certain
11 exception; giving certain power and duty to the
11 Board; requiring the Board to submit certain data to
12 the State Department of Health; limiting certain fee
12 schedule; updating statutory language; and providing
13 an effective date.
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1 6 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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17 SECTION 1. AMENDATORY 59 O.S. 2021, Section 328.15, as
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1 8 last amended by Section 2, Chapter 46, O.S.L. 2024 (59 O.S. Supp.
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1 9 2024, Section 328.15), is amended to read as follows:
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20 Section 328.15. A. Pursuant to and in compliance with Article
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2 1 I of the Administrative Procedures Act, the Board of Dentistry shall
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2 2 have the power to formulate, adopt, and promulgate rules as may be
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2 3 necessary to regulate the practice of dentistry in this state and to
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2 4 implement and enforce the provisions of the State Dental Act.
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1 B. The Board is authorized and empowered to:
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2 1. Examine and test the qualifications of applicants for a
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3 license or permit to be issued by the Board;
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4 2. Affiliate by contract or cooperative agreement with another
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5 state or combination of states for the purpose of conducting
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6 simultaneous regional examinations of applicants for a license to
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7 practice dentistry, dental hygiene, or a dental specialty;
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8 3. Maintain a list of the name, current mailing address and
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9 official address of all persons who hold a license or permit issued
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1 0 by the Board;
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11 4. Account for all receipts and expenditures of the monies of
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1 2 the Board including annually preparing and publishing a statement of
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1 3 receipts and expenditures of the Board for each fiscal year;
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14 5. Within limits prescribed in the State Dental Act, set fees
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1 5 and administrative penalties to be imposed and collected by the
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1 6 Board as provided by rules;
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17 6. Employ an Executive Director, legal counsel and other
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1 8 advisors to the Board including advisory committees;
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19 7. Investigate and issue investigative and other subpoenas,
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2 0 pursuant to Article II of the Administrative Procedures Act;
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21 8. Initiate individual proceedings and issue orders imposing
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2 2 administrative penalties, pursuant to Article II of the
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2 3 Administrative Procedures Act, against any dentist, dental
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2 4 hygienist, dental assistant, oral maxillofacial surgery assistant,
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1 dental laboratory technician, or holder of a permit to operate a
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2 dental laboratory who has violated the State Dental Act or the rules
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3 of the Board;
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4 9. Conduct, in a uniform and reasonable manner, inspections of
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5 dental offices and dental laboratories and business records of
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6 dental offices and dental laboratories;
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7 10. Establish guidelines for courses of study necessary for
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8 dental assistants, oral maxillofacial surgery assistants and, when
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9 appropriate, issue permits authorizing dental assistants or oral
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1 0 maxillofacial surgery assistants to perform expanded duties;
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11 11. Establish continuing education requirements for dentists,
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1 2 dental hygienists, dental assistants and oral maxillofacial surgery
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1 3 assistants who hold permits issued by the Board;
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14 12. Recognize the parameters and standards of care established
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1 5 and approved by the American Dental Association or another
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1 6 nationally recognized medical or dental association that establishes
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1 7 guidelines for health care as it relates to dentistry. The Board
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1 8 shall have the sole authority to determine scope of practice of
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1 9 licensees considering these standards and guidelines;
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20 13. Formulate, adopt, and promulgate rules, pursuant to Article
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2 1 I of the Administrative Procedures Act, as may be necessary to
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2 2 implement and enforce the provisions of the Oklahoma Dental
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2 3 Mediation Act and to enforce all state and federal laws pertaining
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2 4 to the use of diagnostic x-ray systems or other sources of radiation
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1 used for treatment purposes that occur in a dental office including,
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2 but not limited to, the Diagnostic X-Ray Facility Act;
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3 14. Seek and receive advice and assistance of the Office of the
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4 Attorney General of this state;
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5 15. Promote the dental health and the education of dental
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6 health of the people of this state;
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7 16. Inform, educate, and advise all persons who hold a license
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8 or permit issued by the Board, or who are otherwise regulated by the
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9 Board, regarding the State Dental Act and the rules of the Board;
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10 17. Affiliate with the American Association of Dental Boards as
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1 1 an active member, pay regular dues, and send members of the Board as
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1 2 delegates to its meetings;
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13 18. Enter into contracts;
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14 19. Acquire by purchase, lease, gift, solicitation of gift or
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1 5 by any other manner, hold, encumber, and dispose of personal
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1 6 property as is needed, maintain, use and operate or contract for the
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1 7 maintenance, use and operation of or lease of any and all property
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1 8 of any kind, real, personal or mixed or any interest therein unless
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1 9 otherwise provided by the State Dental Act; provided, all contracts
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2 0 for real property shall be subject to the provisions of Section 63
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2 1 of Title 74 of the Oklahoma Statutes;
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22 20. Receive or accept the surrender of a license, permit, or
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2 3 certificate granted to any person by the Board as provided in
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2 4 Section 328.44b of this title; and
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1 21. Take all other actions necessary to implement and enforce
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2 the State Dental Act.
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3 SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1503, is
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4 amended to read as follows:
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5 Section 1-1503. A. The Except as provided by subsection C of
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6 this section, the State Department of Health is hereby designated as
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7 the official agency of the State of Oklahoma this state for all
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8 regulatory activities pertaining to health and safety in the use of
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9 diagnostic x-ray systems, and shall act as the coordinating agency
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1 0 for the purpose of cooperating with other states, the United States
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1 1 Public Health Service and other federal agencies in the
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1 2 administration of programs relating to diagnostic x-ray systems,
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1 3 available to the State of Oklahoma this state under federal laws;
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1 4 and it shall encourage, participate in, and conduct studies,
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1 5 investigations, training, research and demonstrations relating to
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1 6 constructive uses of diagnostic x-ray systems and the prevention and
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1 7 control of its associated harmful effects or unnecessary exposure,
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1 8 the effects to health on exposure to x-rays, and related problems.
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19 B. Nothing in the Diagnostic X-Ray Facility Act shall interfere
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2 0 with the doctor-patient relationship of any licensed member of the
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2 1 healing arts; nor shall anything in the Diagnostic X-Ray Facility
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2 2 Act prohibit a licensed practitioner of the healing arts, or an
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2 3 individual under the direction of such licensed practitioner, from
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2 4 using x-rays or other sources of radiation and/or or fluoroscopes
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1 for diagnostic, research or treatment purposes, as authorized under
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2 the Practitioner's Licensing Act practitioner's licensing act,
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3 provided the radiation devices and the related facilities of the
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4 practitioner shall comply with the rules and regulations promulgated
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5 under the provisions of the Diagnostic X-Ray Facility Act.
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6 C. Beginning on the effective date of this act, the Board of
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7 Dentistry shall have the power and duty to conduct all regulatory
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8 activities pertaining to health and safety in the use of diagnostic
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9 x-ray systems or other sources of radiation used for treatment
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1 0 purposes that occur in a dental office. The Board shall gather and
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1 1 submit data and statistics required by state and federal law to the
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1 2 State Department of Health annually or as requested. The fee
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1 3 schedule for inspections conducted by the Board under this
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1 4 subsection shall not exceed the fee schedule set by the State
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1 5 Commissioner of Health as of the effective date of this act for
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1 6 inspections of diagnostic x-ray systems at diagnostic x-ray
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1 7 facilities.
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18 SECTION 3. This act shall become effective January 1, 2026.
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20 60-1-1140 DC 1/14/2025 3:51:27 PM
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Req. No. 1140 Page 6Every fact on this page links to its source, starting with the official bill record.