Mo. Code Regs. tit. 20 § 2110-1.010

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 20 CSR 2110-1.010 - General Organization

PURPOSE: The amendment removes an outdated membership requirement.

(1) The Missouri Dental Board is a unit of the Division of Professional Registration of the Department of Commerce and Insurance.

(2) The board was established under section 332.021, RSMo for the purpose of executing and enforcing Chapter 332, RSMo.

(3) The board consists of five (5) licensed dentists, one (1) public member and one (1) dental hygienist appointed by the governor for terms of five (5) years each. The board elects from its membership a president, vice president, and secretary, each of whom serves for one (1) year.

(4) It is the function of the board to-

(A) Determine the qualifications of applicants for licensure to practice the profession of dentistry and dental hygiene in this state; and

(B) Issue licenses to those persons who meet the standards of professional competence set forth in the statutes and as determined at the discretion of the board.

(5) The board is further charged with maintaining high standards of professional competence and ethical conduct among members of the dental profession.

(6) The board may investigate complaints brought to its attention against licensees and, upon a finding that a violation of Chapter 332 has occurred, may cause a formal complaint against a licensee to be filed before the Administrative Hearing Commission seeking a determination of whether the licensee is subject to disciplinary action specified in section 332.321, RSMo.

(7) The board is directed by section 332.031, RSMo to adopt rules for the application and enforcement of Chapter 332, RSMo.

(8) The public may obtain information from the board, or make submissions or requests to the board, by writing the executive director of the board.

20 CSR 2110-1.010

AUTHORITY: section 332.031, RSMo 2016, and section 332.041, RSMo Supp. 2018.* This rule originally filed as 4 CSR 110-1.010. Original rule filed Dec. 12, 1975, effective Jan. 12, 1976. Rescinded and readopted: Filed Oct. 13, 1983, effective Jan. 13, 1984. Amended: Filed June 13, 1988, effective Aug. 25, 1988. Moved to 20 CSR 2110-1.010, effective Aug. 28, 2006. Non-substantive change filed Aug. 12, 2014, published Sept. 30, 2014. Amended: Filed Aug. 23, 2018, effective Feb. 28, 2019. Non-substantive change filed July 30, 2019, published Sept. 30, 2019.

Amended by Missouri Register November 16, 2020/Volume 45, Number 22, effective 12/31/2020

*Original authority: 332.031, RSMo 1969, amended 1981, 1993, 1995 and 332.041, RSMo 1969, amended 1981, 2008, 2018.

Missouri Dental Board v. Riney, 429 SW2d 803 (Mo. App. 1968). Where statute is clear and unambiguous, board had no power to torture the language so as to arrive at a meaning different from that which is clearly and concisely stated.

Board was without authority to adopt arbitrary rule in which application for specialist's certificate pursuant to statute which became effective August 29, 1959, must be received by board prior to January 1, 1960.

Board rule not filed with secretary of state never became effective.

State ex rel. Inscho v. Missouri Dental Board, 339 Mo. 547, 98 SW2d 606 (1937). Action of board within its administrative and ministerial powers and its exercise of reasonable discretion will not be disturbed by the court, but, if board exceeds its authority or acts arbitrarily and against the great weight of the evidence, aggrieved party may resort to mandamus. Board has no power to revoke certificate or registration because in its opinion dentist fails in some phase of dentistry or fails to do work commensurate with standards of skill which board may fix and deem proper standards of efficiency.

Op. Atty. Gen. No. 3, Atterbury, 5-29-53. Missouri Dental Board may employ counsel.