Rules & Regulations of the State of Tennessee Title 0660 - Funeral Directors and Embalmers
Overview: Tennessee Rules and Regulations Title 0460 – Dentistry
Title 0460 governs the practice of dentistry in Tennessee and is promulgated by the Tennessee Board of Dentistry, operating under the Department of Health. These rules regulate licensing, professional conduct, standards of care, disciplinary procedures, and continuing education for dentists and dental hygienists in Tennessee.
The overarching purpose is to protect public health, safety, and welfare by ensuring that dental professionals meet minimum competency and ethical standards.
Key Areas Covered Under Title 0460
1. Licensing Requirements
Initial Licensure: Applicants must graduate from an accredited dental school, pass the National Board Dental Examination, and a clinical examination approved by the Board.
Dental Hygienists: Separate licensure requirements apply, including education from accredited programs and passing a hygiene exam.
Licensure by Endorsement: Dentists licensed in other states may apply for Tennessee licensure if they meet comparable standards.
Renewal: Licenses must be renewed biennially with proof of continuing education.
2. Scope of Practice
The rules define the scope of practice for dentists and dental hygienists, including permissible procedures.
Specific limitations are set, for example, dental hygienists cannot perform invasive surgical procedures reserved for dentists.
The rules address delegation to dental assistants and requirements for supervision.
3. Standards of Professional Conduct
Dentists and hygienists must adhere to ethical standards, including:
Obtaining informed consent.
Maintaining patient confidentiality.
Avoiding fraudulent billing or misrepresentation.
Practicing within scope and competence.
Reporting impairment or unprofessional conduct by colleagues.
4. Disciplinary Procedures
The Board has authority to investigate complaints and take disciplinary action for:
Professional negligence or incompetence.
Unethical or fraudulent conduct.
Substance abuse affecting practice.
Criminal convictions related to professional practice.
Violations of rules or statutes governing dentistry.
Possible disciplinary actions include:
Reprimand or censure.
Probation with conditions.
Suspension or revocation of license.
Monetary fines.
5. Continuing Education
Dentists and dental hygienists must complete a minimum number of continuing education (CE) hours every renewal period, often including infection control and ethics.
6. Infection Control and Patient Safety
The rules mandate compliance with infection control standards consistent with CDC guidelines, including sterilization and handling of instruments to protect patients and staff.
Legal Principles and Case Law Context
1. Regulatory Authority and Public Protection
The Tennessee Board of Dentistry derives its authority from state statutes to regulate the profession and protect public health.
Courts recognize broad state police powers to regulate health professions.
Licensing requirements and disciplinary actions are presumed valid if reasonably related to public safety.
2. Due Process in Disciplinary Actions
Dentists subject to disciplinary proceedings are entitled to due process under the Tennessee Uniform Administrative Procedures Act (UAPA).
This includes:
Notice of charges.
Opportunity to be heard.
Right to appeal Board decisions.
Courts may overturn Board decisions if actions are arbitrary, capricious, or unsupported by substantial evidence.
3. Standard of Review
Judicial review of Board decisions generally applies the “substantial evidence” standard.
Courts defer to the Board’s expertise unless the decision exceeds statutory authority or lacks evidentiary support.
4. Scope of Practice Disputes
Courts uphold Board rules defining scope of practice, limiting who may perform certain procedures.
Challenges arguing scope limitations violate professional freedom or commerce clause generally fail, as courts recognize states’ interest in patient safety.
Illustrative Case Law Principles
Hypothetical Case 1: Dr. Jones v. Tennessee Board of Dentistry
Dr. Jones challenges suspension based on allegations of negligence.
Court upholds suspension because evidence showed repeated failure to meet standard care.
Due process was observed with full hearing and opportunity to present defense.
Hypothetical Case 2: Smith v. Board of Dentistry
Smith argues the Board improperly denied licensure by endorsement.
Court defers to Board’s reasonable interpretation of licensure criteria, emphasizing public protection.
Summary Table
| Area | Key Points |
|---|---|
| Licensing | Graduation, exams, renewal, endorsement rules |
| Scope of Practice | Defined roles for dentists, hygienists, and assistants |
| Professional Conduct | Ethical rules, informed consent, confidentiality |
| Disciplinary Authority | Grounds and procedures for sanctions |
| Continuing Education | Mandatory CE for license renewal |
| Infection Control | Required compliance with CDC standards |
| Legal Review | Due process, substantial evidence, deference to expertise |
Conclusion
Title 0460 – Dentistry establishes comprehensive regulations governing dental professionals in Tennessee, balancing professional autonomy with public protection. Courts uphold the Board’s authority to license and discipline, provided procedural fairness is respected and decisions are based on evidence.
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