Sec. 20-123. Practice of dentistry defined. Exceptions. Any person who owns
or carries on a dental practice or business, or who, by himself or by his servants or agents
or by contract with others, performs any operation in or makes examination of, with
intent of performing or causing to be performed any operation in, the mouth and surrounding and associated structures, or who describes himself by the word "Dentist" or
letters "D.D.S." or "D.M.D.", or in other words, letters or title in connection with his
name which in any way represents such person as engaged in the practice of dentistry, or
who diagnoses or treats diseases or lesions of the mouth and surrounding and associated
structures, replaces lost teeth by artificial ones, attempts to diagnose or correct malposition thereof, or who, directly or indirectly, by any means or method, furnishes, supplies,
constructs, reproduces or repairs any prosthetic denture, bridge, appliance or any other
structure to be worn in the human mouth, except upon the written direction of a licensed
dentist, or who places such appliance or structure in the human mouth or attempts to
adjust the same, or delivers the same to any person other than the dentist upon whose
direction the work was performed, or who sells or distributes materials, except to a
licensed dentist, dental laboratory or dental supply house, with instructions for an individual to construct, repair, reproduce or duplicate any prosthetic denture, bridge, appliance or any other structure to be worn in the human mouth, or who advertises to the
public, by any method, to furnish, supply, construct, reproduce or repair any prosthetic
denture, bridge, appliance or other structure to be worn in the human mouth, or gives
estimates on the cost of treatment, or who advertises or permits it to be done by sign,
card, circular, handbill or newspaper, or otherwise indicates that he, by contract with
others or by himself, will perform any of such operations, shall be deemed as practicing
dentistry or dental medicine within the meaning of this chapter. Any person who, in
practicing dentistry or dental medicine, as defined in this section, employs or permits
any other person except a licensed dentist to so practice dentistry or dental medicine
shall be subject to the penalties provided in section 20-126. The provisions of this chapter
shall not prevent any practicing physician or surgeon from treating lesions or diseases
of the mouth and jaws or from extracting teeth. No provision of this section shall be
construed to prevent regularly enrolled students in dental schools approved as provided
in this chapter or medical schools approved as provided in chapter 370 from receiving
practical training in dentistry under the supervision of a licensed dentist or physician in
a dental or medical school in this state or in any hospital, infirmary, clinic or dispensary
affiliated with such school; or to prevent a person who holds the degree of doctor of
dental medicine or doctor of dental surgery or its equivalent and who has been issued
a permit in accordance with section 20-126b from receiving practical training under the
supervision of a licensed dentist or physician in an advanced dental education program
conducted by a dental or medical school in this state or by a hospital operated by the
federal government or licensed pursuant to subsection (a) of section 19a-491; or to
prevent any regularly enrolled student in or graduate of an accredited school of dental
hygiene from receiving practical training in dental hygiene under the supervision of a
Connecticut licensed dentist or a Connecticut licensed dental hygienist in any approved
school of dental hygiene in the state or in any hospital, infirmary, clinic or dispensary
affiliated with such school or to prevent controlled investigations or innovative training
programs related to the delivery of dental health services within accredited dental
schools or schools of dental hygiene, provided such programs are under the supervision
of a licensed dentist or physician and are conducted within a program which is accredited
by the Commission on Dental Accreditation or such other national professional accrediting body as may be recognized by the United States Department of Education.
(1949 Rev., S. 4458; 1949, 1953, S. 2233d; 1963, P.A. 450, S. 1; 1967, P.A. 238; 1969, P.A. 102; 1971, P.A. 244; P.A.
73-183; P.A. 92-35, S. 8; P.A. 94-149, S. 22.)
History: 1963 act required direction of licensed dentist in first sentence to be written; 1967 act deleted descriptive
references to "the human teeth or jaws" and substituted "the mouth and surrounding and associated structures"; 1969 act
required that section not be construed to prevent students or graduates from receiving training under supervision of licensed
dentist or hygienist; 1971 act included as practicing dentistry one who "sells or distributes materials, except to a licensed
dentist ... with instructions ... to construct, repair, reproduce or duplicate any prosthetic denture, bridge ..."; P.A. 73-183
required that section not be construed "to prevent controlled investigations or innovative training programs ... provided
such programs are under the supervision of a licensed dentist or physician"; P.A. 92-35 added provision requiring inclusion
in a program accredited by the commission on dental accreditation or other body recognized by the U.S. Department of
Education; P.A. 94-149 added provision re dentists issued a permit under Sec. 20-126v.
See Secs. 20-14c to 20-14g, inclusive, re dispensing and labeling of drugs by licensed practitioners.
Dental assistant guilty of violation when he sprayed and drilled tooth. 109 C. 73. Such part as deals with making and
repairing prosthetic dentures is not unreasonable or arbitrary exercise of police power. Such part as deals with advertising
is unconstitutional. 141 C. 288. Cited. 148 C. 94; 149 C. 262. Statute must be strictly construed since it is in derogation
of a common law right and is penal in nature. Selling and supplying of "Spare Denture Kit" does not constitute the practice
of dentistry in violation of section (prior to 1971 amendment). 159 C. 362, 365, 366.
Cited. 21 CS 332.
Sec. 20-123a. Anesthesia and sedation: Definitions. For purposes of this section
and section 20-123b:
(a) "Conscious sedation" means a drug-induced state in which the patient is calmed
and relaxed, capable of making rational responses to commands and has all protective
reflexes intact, including the ability to clear and maintain his own airway in a patent
state, but does not include nitrous oxide sedation or any orally administered sedation;
(b) "General anesthesia" means a controlled state of unconsciousness produced by
pharmacologic or nonpharmacologic methods, or a combination thereof, accompanied
by a partial or complete loss of protective reflexes including an inability to independently
maintain an airway and to respond purposefully to physical stimulation or verbal commands; and
(c) "Commissioner" means the Commissioner of Public Health.
(P.A. 85-251, S. 1; P.A. 87-589, S. 53, 87; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 87-589 amended Subsec. (a) by adding "or any orally administered sedation"; P.A. 93-381 replaced
commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 20-123b. Permit for use of anesthesia required. Regulations. (a) On and
after the effective date of the regulations adopted in accordance with subsection (d) of
this section, no dentist licensed under this chapter shall use general anesthesia or conscious sedation, as these terms are defined in section 20-123a, on any patient unless
such dentist has a permit, currently in effect, issued by the commissioner, initially for
a period of twelve months and renewable annually thereafter, authorizing the use of
such general anesthesia or conscious sedation.
(b) No applicant shall be issued a permit initially as required in subsection (a) of
this section unless (1) the commissioner approves the results of an on-site evaluation
of the applicant's facility conducted in consultation with the Connecticut Society of
Oral and Maxillo-Facial Surgeons by an individual or individuals selected from a list
of site evaluators approved by the commissioner, provided such evaluation is conducted
without cost to the state, (2) the commissioner is satisfied that the applicant is in compliance with guidelines in the American Dental Association Guidelines for Teaching and
the Comprehensive Control of Pain and Anxiety in Dentistry and (3) such initial application includes payment of a fee in the amount of one hundred sixty dollars.
(c) The commissioner may renew such permit annually, provided (1) application
for renewal is received by the commissioner not later than three months after the date
of expiration of such permit, (2) payment of a renewal fee of one hundred sixty dollars
is received with such application and (3) an on-site evaluation of the dentist's facility
is conducted in consultation with The Connecticut Society of Oral and Maxillo-Facial
Surgeons by an individual or individuals selected from a list of site evaluators approved
by the commissioner, provided such evaluation is conducted without cost to the state
on a schedule established in regulations adopted pursuant to this section and the commissioner approves the results of each such evaluation.
(d) The commissioner, with the advice and assistance of the State Dental Commission, shall adopt regulations in accordance with the provisions of chapter 54 to implement the provisions of this section.
(P.A. 85-251, S. 2; P.A. 86-403, S. 40, 132; P.A. 92-23, S. 1; May Sp. Sess. P.A. 92-6, S. 23, 117.)
History: P.A. 86-403 made technical changes to Subsec. (b); P.A. 92-23 amended Subsecs. (b) and (c) to allow on-site
evaluations to be conducted by an individual or individuals selected from a list of site evaluators approved by the commissioner on a schedule established in regulations instead of every five years; May Sp. Sess. P.A. 92-6 raised renewal fee
from fifty to one hundred sixty dollars.
Sec. 20-124. False representations. No person shall falsely claim to hold a certificate of registration, license, diploma or degree granted by a society, school or by the
Board of Dental Commissioners, or, with intent to deceive the public, pretend to be a
graduate of any dental college or college, or append the letters "D.D.S." or "D.M.D."
or "M.D.S." to his name, without having the degree indicated by such letters conferred
upon him by diploma from a college, a school or a board of examiners empowered to
confer the same.
(1949 Rev., S. 4460; P.A. 92-35, S. 9; P.A. 94-149, S. 19.)
History: P.A. 92-35 added reference to "school", "dental hygiene program or college" and "R.D.H."; P.A. 94-149
deleted references to dental hygienists.
Sec. 20-124a. Dental referral services: Disclosure of acceptance of fee for referral required. It shall be an unfair or deceptive trade practice, in violation of chapter
735a, for any person, firm, partnership, association, corporation or agent or employee
thereof that engages in for profit, any business or service that in whole or in part includes
the referral or recommendation of persons to a licensed dentist or dental practice for
any form of dental care or treatment, to fail to disclose to a prospective patient, at the
time the prospective patient makes initial contact by any means including advertising
with the for-profit business or service, that the licensed dentist has paid a fee for such
referral.
(P.A. 93-276; 93-435, S. 61, 95.)
History: P.A. 93-435 corrected chapter citation, effective June 28, 1993.
Sec. 20-125. Appeal. Any licensee aggrieved by a final decision of the Dental
Commission suspending or revoking any license under the provisions of this chapter
may appeal therefrom as provided in section 4-183. Appeals brought under this section
shall be privileged with respect to the order of trial assignment.
(1949 Rev., S. 4453; 1957, P.A. 398; 1959, P.A. 616, S. 43; 1971, P.A. 179, S. 10; 870, S. 113; P.A. 76-436, S. 421,
681; P.A. 77-603, S. 63, 125; 77-614, S. 406, 587, 610; P.A. 78-280, S. 36, 127; 78-303, S. 85, 136; P.A. 96-47, S. 6.)
History: 1959 act deleted references to certificate of registration; 1971 acts required that petition be brought between
twelve and thirty days after service rather than on next or "next but one" return day and, effective September 1, 1971,
except that courts with cases pending retain jurisdiction unless pending matters deemed transferable, replaced superior
court with court of common pleas; P.A. 76-436 replaced court of common pleas with superior court and added reference
to judicial districts, effective July 1, 1978; P.A. 77-603 replaced detailed provisions re petitions for restoration of license
with statement that appeals be made in accordance with Sec. 4-183, retaining privileged status of appeals; P.A. 77-614
and P.A. 78-303 deleted provision granting appeals privileged status, effective January 1, 1979; P.A. 78-280 restored
provision granting appeals privileged status; P.A. 96-47 changed reference to being aggrieved by "the action" to "a final
decision" of the Dental Commission.
Cited. 179 C. 415, 424.
Sec. 20-126. Penalties. Any person who violates any provision of this chapter shall
be fined not more than five hundred dollars or imprisoned not more than five years or
both. Any person who continues to practice dentistry, dental medicine or dental surgery,
after his license, certificate, registration or authority to so do has been suspended or
revoked and while such disability continues, shall be fined not more than five hundred
dollars or imprisoned not more than five years or both. For purposes of this section each
instance of patient contact or consultation which is in violation of any provision of this
section shall constitute a separate offense. Failure to renew a license in a timely manner
shall not constitute a violation for the purposes of this section.
(1949 Rev., S. 4462; 1951, S. 2235d; 1967, P.A. 128; P.A. 76-436, S. 422, 681; P.A. 77-614, S. 407, 610; P.A. 84-526,
S. 9; P.A. 94-149, S. 20.)
History: 1967 act added "for a first offense" and "for a second or subsequent offense" to first sentence, increased fine
to not less than five hundred nor more than one thousand dollars for first, second or subsequent offenses plus term of
imprisonment of not less than thirty days nor more than one year for second or subsequent offense; P.A. 76-436 deleted
provision allowing application for injunction to court of common pleas and added reference to judicial districts, effective
July 1, 1978; P.A. 77-614 deleted provisions re applications for injunctions, effective January 1, 1979; P.A. 84-526 amended
section by changing penalty for violation of any provision of chapter to a fine of not more than five hundred dollars or
imprisonment of not more than five years, and added provisions that each instance of patient contact or consultation shall
constitute a separate offense and failure to renew license in timely manner is not a violation for purposes of section; P.A.
94-149 deleted references to dental hygienists.
Such part of section 20-123 as deals with making and repairing prosthetic dentures is not unreasonable or arbitrary
exercise of police power and is constitutional, but such part as deals with advertising is unconstitutional. 141 C. 288. Cited.
159 C. 363.