30 Miss. Code. R. 2301-1.7

Current through October 31, 2024
Rule 30-2301-1.7 - BOARD REGULATION NUMBER 7-PROVISIONAL AND SPECIALTY LICENSURE

Pursuant to its authority under Miss. Code Ann. §§ 73-9-3, 73-9-28 and 73-9-29, the Board may, in its discretion, award (a) licenses, other than regular licenses, to practice dentistry or dental hygiene in this State to individuals selected for the faculty of any college of dentistry, college of dental hygiene, or other dental auxiliary program, and for participants in any Board-approved fellowship program; and (b) specialty licenses to licensed dentists who meet all criteria therefor. Additionally, pursuant to Miss. Code Ann. § 73-50-1, occupational licensing boards are charged with issuing temporary or provisional licenses/permits to military personnel and their spouses to enable dental and dental hygiene applicants to practice in the State of Mississippi for a reasonable period of time while they fulfill all requirements for a permanent license.

1. The types and requirements for issuance of provisional licenses.
A. Provisional License
1. A Provisional License shall authorize the licensee to perform only the following:
(a) instruction; and
(b) the performance of dentistry or dental hygiene adjunct to instruction; and
(c) participation in intramural practice plans.
2. A Provisional License may be awarded by the Board if the applicant meets the following criteria:
(a) the applicant is a graduate of a fully accredited dental or dental hygiene school in the United States, or, if the applicant is a graduate of a foreign country dental or dental hygiene school, the applicant is or has been licensed to practice dentistry or dental hygiene in such foreign country wherein the applicant graduated; and
(b) the applicant is currently certified by the Joint Commission on National Dental Examinations; and
(c) the applicant is licensed to practice in at least one state in the United States; and
(d) the applicant has not failed the Mississippi dental or dental hygiene licensure examination; and
(e) the applicant is recommended for such licensure by the Dean of the institution at which the applicant is to teach; and
(f) the applicant accurately completes the appropriate application for licensure, submits to an interview before the Board, and successfully completes a jurisprudence examination prior to beginning employment with the institution at which the applicant is to teach.
3. A Provisional License may be renewed according to the renewal schedule stipulated in Rule 1.37 --Board Regulation 37 provided that the licensee continues to be employed in a teaching capacity by the institution and remits the applicable renewal fee.
4. Provisional Licenses may be awarded to full-time or part-time faculty.
B. Provisional Teaching License
1. A Provisional Teaching License shall authorize the licensee to perform only the following:
(a) instruction; and
(b) the performance of dentistry or dental hygiene adjunct to instruction; and
(c) participation in intramural practice plans, subject to the limitations set forth in Section 2 of this Regulation; and
(d) nonmechanical consultation with Federal or State agencies, whether for a fee or not.
2. A Provisional Teaching License may be awarded by the Board if the applicant meets the following criteria:
(a) the applicant is a graduate of a fully accredited dental or dental hygiene school in the United States, or, if the applicant is a graduate of a foreign country dental or dental hygiene school, the applicant is or has been licensed to practice dentistry or dental hygiene in such foreign country wherein the applicant graduated; and
(b) the applicant is currently certified by the Joint Commission on National Dental Examinations; and
(c) the applicant has not failed the Mississippi dental or dental hygiene licensure examination; and
(d) the applicant is recommended for such licensure by the Dean of the institution at which the applicant is to teach; and
(e) the applicant accurately completes the appropriate application for licensure, submits to an interview before the Board, and successfully completes a jurisprudence examination prior to beginning employment with the institution at which the applicant is to teach.
3. A Provisional Teaching License may be renewed according to the renewal schedule stipulated in Rule 1.37 --Board Regulation 37 provided that the licensee continues to be employed in a teaching capacity by the institution and remits the applicable renewal fee.
4. Provisional Teaching Licenses may be awarded to full-time or part-time faculty.
C. Provisional Fellowship License
1. A Provisional Fellowship License shall authorize the applicant to perform only dentistry or dental hygiene adjunct to the applicant's participation in any Board-approved fellowship program.
2. A Provisional Fellowship License does not entitle the applicant to practice dentistry or dental hygiene in any manner whatsoever outside the scope and responsibilities of the applicant's participation in any Board-approved fellowship program, and any attempt to do so would be grounds for revocation of such license to practice dentistry or dental hygiene in the State of Mississippi.
3. A Provisional Fellowship License may be awarded by the Board if the applicant meets the following criteria:
(a) the applicant is a graduate of a fully accredited dental or dental hygiene school; and
(b) the applicant is certified by the Joint Commission on National Dental Examinations; and
(c) the applicant is licensed to practice dentistry or dental hygiene in at least one state in the United States; and
(d) the applicant has not failed the Mississippi dental or dental hygiene licensure examination; and
(e) the applicant is recommended for such licensure by the institution at which the applicant is to participate in the Board-approved fellowship program; and
(f) the applicant accurately completes the appropriate application for licensure, submits to an interview before the Board, and successfully completes a jurisprudence examination prior to the actual commencement of participation in the Board-approved fellowship program.
4. A Provisional Fellowship License shall be valid only for one year and must be renewed immediately following issuance according to the renewal schedule stipulated in Rule 1.37 -Board Regulation 37.
5. Provisional Fellowship Licenses shall be awarded only to full-time participants in any Board-approved fellowship program.
D. Provisional Military License
1. A Provisional Military License may be awarded to lawfully recognized non-active duty military personnel whose active duty status has changed within the twelve (12) month period prior to applying for licensure, and shall authorize the applicant to practice dentistry or dental hygiene in the State of Mississippi pursuant to the following conditions:
(a) the Provisional Military License shall be valid for a maximum of twenty-four (24) months from the date of issuance; and
(b) if upon expiration of twenty-four (24) months from the date of issuance of the Provisional Military License, the applicant has failed to secure a permanent Mississippi license, the Provisional Military License shall be voided.
2. A Provisional Military License may be awarded by the Board if the applicant meets the following criteria:
(a) the applicant is a graduate of a fully accredited dental or dental hygiene school in the United States, or, if the applicant is a graduate of a foreign country dental or dental hygiene school, the applicant is or has been licensed to practice dentistry or dental hygiene in such foreign country wherein the applicant graduated; and
(b) the applicant is currently certified by the Joint Commission on National Dental Examinations; and
(c) the applicant while on active duty is licensed to practice pursuant to that license for a minimum of two (2) of the five (5) years preceding the date of his/her application, and provides proof that he/she would otherwise qualify for full dental or dental hygiene licensure in the State of Mississippi either by examination or credentials; and
(d) the applicant has not failed the Mississippi dental or dental hygiene licensure examination; and
(e) the applicant provides a certified copy of official orders releasing the applicant from active duty military service within the twelve (12) month period prior to requesting licensure in the State of Mississippi; and
(f) the applicant accurately completes the appropriate application for licensure, submits to an interview before the Board, and successfully completes a jurisprudence examination prior to being approved by the Board for licensure.
3. Upon issuance, a Provisional Military License must be renewed in accordance with the renewal schedule stipulated in Board Regulation 37, and the applicant must remit the applicable renewal fee.
4. Provisional Military Licenses may be awarded to full-time or part-time dental and dental hygiene school faculty, as well as private sector practitioners.
E. Provisional Military Spouse License
1. A Provisional Military Spouse License may be awarded to lawfully recognized spouses of active duty military personnel assigned to a duty station in the State of Mississippi or elsewhere, and shall authorize the applicant to practice dentistry or dental hygiene in the State of Mississippi pursuant to the following conditions:
(a) the Provisional Military Spouse License shall be valid for a maximum of twenty-four (24) months from the date of issuance; and
(b) if upon expiration of twenty-four (24) months from the date of issuance of the Provisional Military Spouse License, the applicant has failed to secure a permanent Mississippi license, the Provisional Military Spouse License shall be voided.
2. A Provisional Military Spouse License may be awarded by the Board if the applicant meets the following criteria:
(a) the applicant is a graduate of a fully accredited dental or dental hygiene school in the United States, or, if the applicant is a graduate of a foreign country dental or dental hygiene school, the applicant is or has been licensed to practice dentistry or dental hygiene in such foreign country wherein the applicant graduated; and
(b) the applicant is currently certified by the Joint Commission on National Dental Examinations; and
(c) the applicant while on active duty is licensed to practice pursuant to that license for a minimum of two (2) of the five (5) years preceding the date of his/her application, and provides proof that he/she would otherwise qualify for full dental or dental hygiene licensure in the State of Mississippi either by examination or credentials; and
(d) the applicant has not failed the Mississippi dental or dental hygiene licensure examination; and
(e) the applicant provides a certified copy of a certificate of marriage that he/she is lawfully married to a member of the armed forces of the United States who is on active duty; and
(f) the applicant provides a certified copy of official active duty military orders wherein the applicant's spouse is assigned to a duty station in the State of Mississippi or elsewhere; and
(g) the applicant accurately completes the appropriate application for licensure, submits to an interview before the Board, and successfully completes a jurisprudence examination prior to being approved by the Board for licensure.
3. Upon issuance, a Provisional Military Spouse License must be renewed in accordance with the renewal schedule stipulated in Board Regulation 37, and the applicant must remit the applicable renewal fee.
4. Provisional Military Spouse Licenses may be awarded to full-time or part-time dental and dental hygiene school faculty, as well as private sector practitioners.
F. Volunteer/Limited Temporary License
1. Licensure of out-of-state volunteer dentists and dental hygienists without examination.

The Board may issue a Volunteer, Limited Temporary License to a nonresident dentist or dental hygienist, without examination, to qualified individuals who are volunteering to provide charitable and gratuitous dental services in charitable clinics (whether stationary, portable, or mobile) if the applicant:

a. Has graduated from a dental or dental hygiene program or school accredited by the commission on dental accreditation;
b. Is currently licensed in another state as an actively practicing dentist or dental hygienist;
c. Is in good standing and does not have a disciplinary action pending in another state; and
d. Applicant provides affidavit from current state board of practice that applicant has current license in good standing; and,
e. Applicant will provide a copy of current CPR card; and,
f. Has completed the MS Application for Volunteer/Limited Temporary License.
g. The applicant agrees to render services on a gratuitous basis with no revenue of any kind to be derived whatsoever from the provision of dental services within the State of Mississippi. Sponsoring organizations may provide housing and meals but no reimbursement to the provider or the dental team for provision of dental services.
2. The Board shall issue a Volunteer/Limited Temporary License within 30-days of receipt of the completed application that demonstrates that the applicant meets the requirements of this section. A Volunteer/Limited Temporary license may be renewed annually at no cost with each application year to begin on January 1.
3. A Volunteer/Limited Temporary License is not intended as a means to allow an applicant to practice in this state before a permanent license is granted or as a means to obtain a permanent license when the applicant does not otherwise meet the requirements for permanent licensure.
4. The Board may adopt rules to implement this section, including but not limited to rules to:
a. establish the scope of practice for a dentist or dental hygienist practicing with a Volunteer/Limited Temporary License; and
b. establish a further limitation on the number of days a dentist or dental hygienist may practice with a Volunteer/Limited Temporary License during any application year.
5. The holder of a Volunteer/Limited Temporary License shall be subject to Mississippi laws and rules and regulatory authority of the Mississippi State Board of Dental Examiners.
2. Limitations on Intramural Practice.

The policy of the State of Mississippi, as enacted by the Legislature in the Mississippi Dental Practice Act, is that only those persons who have taken and passed licensure examinations approved by this Board or who have been duly licensed to practice by credentials should be permitted to practice dentistry or dental hygiene in exchange for compensation from members of the public. As previously noted, faculty members who hold Provisional Licenses shall be allowed to participate in intramural practice programs at their respective institutions; however, faculty members who hold Provisional Teaching Licenses shall be allowed only a maximum of one year from the date of licensure to participate in intramural practice programs at their respective institutions. After the expiration of one year, faculty members who hold Provisional Teaching Licenses who do not wish to apply for full licensure shall be required to apply for and receive a Provisional License and provide proof of licensure in at least one state in the United States to continue to participate in the intramural practice programs at their respective institutions.

3. The Types of Specialty Licensure.

The Board herein adopts the currently recognized dental specialties as defined by the National Commission on Recognition of Dental Specialties and Certifying Boards (NCRDSCB) and as recognized by the American Dental Association (ADA). These dental specialties and their corresponding definitions are as follows:

A. Dental Anesthesiology. Dental Anesthesiology is the specialty of dentistry and discipline of anesthesiology encompassing the art and science of managing pain, anxiety, and overall patient health during dental, oral, maxillofacial and adjunctive surgical or diagnostic procedures throughout the entire perioperative period. The specialty is dedicated to promoting patient safety as well as access to care for all dental patients, including the very young and patients with special health care needs. (Adopted March 2019, American Dental Association)
B. Dental Public Health. Dental public health is the science and art of preventing and controlling dental diseases and promoting dental health through organized community efforts. It is that form of dental practice which serves the community as a patient rather than the individual. It is concerned with the dental health education of the public, with applied dental research, and with the administration of group dental care programs as well as the prevention and control of dental diseases on a community basis. (Adopted May 1976, American Dental Association.)
C. Endodontics. Endodontics is the branch of dentistry which is concerned with the morphology, physiology and pathology of the human dental pulp and periradicular tissues. Its study and practice encompass the basic and clinical sciences including biology of the normal pulp, the etiology, diagnosis, prevention and treatment of diseases and injuries of the pulp and associated periradicular conditions. (Adopted December 1983, American Dental Association.)
D. Oral and Maxillofacial Pathology. Oral pathology is the specialty of dentistry and discipline of pathology that deals with the nature, identification, and management of diseases affecting the oral and maxillofacial regions. It is a science that investigates the causes, processes, and effects of these diseases. The practice of oral pathology includes research and diagnosis of diseases using clinical, radiographic, microscopic, biochemical, or other examinations. (Adopted May 1991, American Dental Association.)
E. Oral and Maxillofacial Radiology. Oral and maxillofacial radiology is the specialty of dentistry and discipline of radiology concerned with the production and interpretation of images and data produced by all modalities of radiant energy that are used for the diagnosis and management of diseases, disorders and conditions of the oral and maxillofacial region. (Adopted April 2001, American Dental Association.)
F. Oral and Maxillofacial Surgery. Oral and maxillofacial surgery is the specialty of dentistry which includes the diagnosis, surgical and adjunctive treatment of diseases, injuries and defects involving both the functional and aesthetic aspects of the hard and soft tissues of the oral and maxillofacial region. (Adopted October 1990, American Dental Association.)
G. Oral Medicine. Oral Medicine is the specialty of dentistry responsible for the oral health care of medically complex patients and for the diagnosis and management of medically-related diseases, disorders and conditions affecting the oral and maxillofacial region. (Adopted September 2020, American Dental Association)
H. Orofacial Pain. Orofacial Pain is the specialty of dentistry that encompasses the diagnosis, management and treatment of pain disorders of the jaw, mouth, face, head and neck. The specialty of Orofacial Pain is dedicated to the evidence-based understanding of the underlying pathophysiology, etiology, prevention, and treatment of these disorders and improving access to interdisciplinary patient care. (Adopted September 2020, American Dental Association)
I. Orthodontics and Dentofacial Orthopedics. Orthodontics and dentofacial orthopedics is the dental specialty that includes the diagnosis, prevention, interception, and correction of malocclusion, as well as neuromuscular and skeletal abnormalities of the developing or mature orofacial structures. (Adopted April 2003, American Dental Association.)
J. Pediatric Dentistry. Pediatric dentistry is an age-defined specialty that provides both primary and comprehensive preventive and therapeutic oral health care for infants and children through adolescence, including those with special health care needs. (Adopted 1995, American Dental Association.)
K. Periodontics. Periodontics is that specialty of dentistry which encompasses the prevention, diagnosis and treatment of diseases of the supporting and surrounding tissues of the teeth or their substitutes and the maintenance of the health, function and aesthetics of these structures and tissues. (Adopted December 1992, American Dental Association.)
L. Prosthodontics. Prosthodontics is the dental specialty pertaining to the diagnosis, treatment planning, rehabilitation and maintenance of the oral function, comfort, appearance and health of patients with clinical conditions associated with missing or deficient teeth and/or oral and maxillofacial tissues using biocompatible substitutes. (Adopted April 2003, American Dental Association.)

30 Miss. Code. R. 2301-1.7

Miss. Code Ann. § 73-9-19.
Regulation Seven adopted by the Mississippi State Board of Dental Examiners March 28, 1974; amended June 5, 1977; amended March 10, 1978; amended September 1, 1979; amended June 7, 1984; amended November 6, 1987; amended September 25, 1992; amended June 7, 1994; amended December 2, 1994; amended May 28, 1997; amended November 3, 2000; amended September 14, 2001; amended September 13, 2002; amended May 9, 2003; amended April 14, 2006; amended August 10, 2012.
Amended 9/12/2019
Amended 1/3/2022