Title of Regulation: 18VAC60-20. Regulations Governing Dental Practice (amending 18VAC60-20-195).

Statutory Authority: § 54.1-2400 of the Code of Virginia.

Effective Date: May 11, 2011.

Agency Contact: Sandra Reen, Executive Director, Board of Dentistry, 9960 Mayland Drive, Suite 300, Richmond, VA 23233-1463, telephone (804) 367-4538, FAX (804) 527-4428, or email sandra.reen@dhp.virginia.gov.

Background: In January 2011, the State Council of Higher Education (SCHEV) sought clarification from the Board of Dentistry about courses offered in dental radiation that claim to be in compliance with regulatory requirements of the dental board. The Executive Director of the Board of Dentistry, after consultation with board counsel, informed SCHEV that, in fact, the board has no statutory authority to approve radiation safety courses and that regulations incorrectly state that there are guidelines or criteria for such approval.

Given the dilemma created by the existence of a regulation for which statutory authority does not exist and the problems for students who want to be certified and for schools seeking to offer radiation safety courses, the board has acted to eliminate the provision in 18VAC60-20-195 that references compliance with guidelines of the board. Three options for radiation safety certification remain: (i) completion of a course and examination recognized by the Commission on Dental Accreditation of the American Dental Association, (ii) certification by the American Registry of Radiologic Technologists, or (iii) satisfactory completion of a radiation course and passage of an examination given by the Dental Assisting National Board.

Summary:

The amendment eliminates a reference to compliance with guidelines of the Board of Dentistry as an option for approval of radiation safety courses.

18VAC60-20-195. Radiation certification.

No person not otherwise licensed by this board shall place or expose dental x-ray film unless he has (i) satisfactorily completed a course or examination recognized by the Commission on Dental Accreditation of the American Dental Association, (ii) been certified by the American Registry of Radiologic Technologists, or (iii) satisfactorily completed a course and passed an examination in compliance with guidelines provided by the board, or (iv) satisfactorily completed a radiation course and passed an examination given by the Dental Assisting National Board. Any certificate issued pursuant to satisfying the requirements of this section shall be posted in plain view of the patient.