Definitions -- practice of dentistry
(1) Unless the context requires otherwise, in this chapter the following definitions apply:
(a) "Board" means the board of dentistry provided for in 2-15-1842.
(b) "Department" means the department of commerce provided for in Title 2, chapter 15, part 18.
(c) "Conscious sedation" means a minimally depressed level of consciousness in which the patient breathes normally without assistance, retains protective reflexes, and responds to physical stimulation or verbal command in a manner appropriate to the patient's cognitive level. Conscious sedation is not a form of general anesthesia, and brief interludes of unconsciousness during conscious sedation do not bring conscious sedation within the scope of general anesthesia.
(d) "General anesthesia" means a state of unconsciousness intentionally produced by anesthetic agents, with absence of pain sensation over the entire body and a greater or lesser degree of muscular relaxation. The drugs producing this state can be administered by inhalation, intravenously, intramuscularly, or via the gastrointestinal tract. General anesthesia is divided into:
(i) full general anesthesia, which means a level of consciousness in which the patient is without intact protective reflexes, is unable to maintain an airway, and is incapable of rational response to query or command; and
(ii) light general anesthesia, which means a level of consciousness in which the patient breathes normally without assistance and retains protective reflexes throughout most of the procedure.
(e) "General anesthetic" means any recognized anesthetic agent, sedative, hypnotic, tranquilizer, or narcotic used in sufficient prescribed dosages for the purpose of inducing general anesthesia. The term general anesthetic does not include a nitrous oxide/oxygen mixture or any other anesthetic administered to produce conscious sedation.
(2) A person is "practicing dentistry" under this chapter if he:
(a) performs, attempts, advertises to perform, causes to be performed by the patient or any other person, or instructs in the performance of dental operations, oral surgery, or dental service of any kind gratuitously or for a salary, fee, money, or other remuneration paid or to be paid, directly or indirectly, to himself, any other person, or agency;
(b) is a manager, proprietor, operator, or conductor of a place where dental operations, oral surgery, or dental services are performed;
(c) directly or indirectly, by any means or method, furnishes, supplies, constructs, reproduces, or repairs a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(d) places the appliance or structure in the human mouth or attempts to adjust it;
(e) advertises to the public, by any method, to furnish, supply, construct, reproduce, or repair a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(f) diagnoses, professes to diagnose, prescribes for, professes to prescribe for, treats, or professes to treat disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;
(g) extracts or attempts to extract human teeth or corrects, attempts, or professes to correct malpositions of teeth or of the jaw;
(h) gives or professes to give interpretations or readings of dental roentgenograms;
(i) administers an anesthetic of any nature, subject to the limitations provided in 37-4-511, in connection with a dental operation;
(j) uses the words "dentist", "dental surgeon", "oral surgeon", the letters "D.D.S.", "D.M.D.", or any other words, letters, title, or descriptive matter which in any way represents him as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;
(k) states, advertises, or permits to be stated or advertised, by sign, card, circular, handbill, newspaper, radio, or otherwise, that he can perform or will attempt to perform dental operations or render a diagnosis in connection therewith; or
(l) engages in any of the practices included in the curricula of recognized dental colleges.
(1) Unless the context requires otherwise, in this chapter chapter, the following definitions apply:
(a) "Board" means the board of dentistry provided for in 2-15-1842. 2-15-1732.
(b) "Department" "Deep sedation" means the department a drug-induced depression of commerce provided for in Title 2, chapter 15, part 18. consciousness during which patients cannot be easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained.
(c) "Conscious sedation" "Department" means a minimally depressed level of the consciousness department of labor and industry provided for in which the patient breathes normally without assistance, retains protective reflexes, and responds to physical stimulation Title 2, chapter 15, part 17. or verbal command in a manner appropriate to the patient's cognitive level. Conscious sedation is not a form of general anesthesia, and brief interludes of unconsciousness during conscious sedation do not bring conscious sedation within the scope of general anesthesia.
(d) "General anesthesia" means a state drug-induced loss of unconsciousness intentionally produced consciousness during which patients are not arousable, even by anesthetic agents, with absence of pain sensation over the entire body and a greater or painful stimulation. lesser degree of muscular relaxation. The drugs producing this state can be administered by inhalation, intravenously, intramuscularly, or via the gastrointestinal ability to independently maintain ventilatory function tract. General anesthesia is divided into: often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular
(i) full general anesthesia, which means a level of consciousness in which the patient is without intact protective reflexes, is unable to maintain an airway, and is incapable of rational response to query or command; and
(ii) light general anesthesia, which means a level of consciousness in which the patient breathes normally without assistance and retains protective reflexes throughout most of the procedure.
(e) "General anesthetic" "Minimal sedation" means any recognized anesthetic agent, sedative, hypnotic, tranquilizer, or narcotic used in sufficient prescribed dosages for a minimally depressed level the of purpose of inducing general anesthesia. The term general anesthetic does not include consciousness, produced by a nitrous oxide/oxygen mixture or any other anesthetic administered pharmacological method, that retains the patient's ability to produce conscious sedation. independently and continuously maintain an airway and respond normally to tactile stimulation and verbal command. Although cognitive function and coordination may be modestly impaired,
(f) "Moderate sedation" means a drug-induced depression of consciousness during which patients respond purposefully to verbal commands, either alone or accompanied by light tactile stimulation. No interventions are required to maintain a patent airway, and spontaneous ventilation is adequate. Cardiovascular function is usually maintained. The drugs and techniques used for moderate sedation should render the unintended loss of consciousness unlikely. Repeated dosing of an agent before the effects of previous dosing is obtained may result in a greater alteration of the state of consciousness than intended. A patient whose only response is reflex withdrawal from a painful stimulus is not in a state of moderate sedation.
(2) A Except for the provisions of 37-4-104, a person is "practicing dentistry" practicing dentistry under this chapter if he: the person:
(a) performs, attempts, advertises to perform, causes to be performed by the patient or any other person, or instructs in the performance of dental operations, oral surgery, or dental service of any kind gratuitously or for a salary, fee, money, or other remuneration paid or to be paid, directly or indirectly, to himself, the any person, any other person, or any agency;
(b) is a manager, proprietor, operator, or conductor of a place where dental operations, oral surgery, or dental services are performed; performed, unless the person is the personal representative of the estate of a deceased dentist or the personal representative of a disabled dentist, as provided in 37-4-104;
(c) directly or indirectly, by any means or method, furnishes, supplies, constructs, reproduces, or repairs a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(d) places the appliance or structure in the human mouth or attempts to adjust it;
(e) advertises to the public, by any method, to furnish, supply, construct, reproduce, or repair a prosthetic denture, bridge, appliance, or other structure to be worn in the human mouth;
(f) diagnoses, professes to diagnose, prescribes for, professes to prescribe for, treats, or professes to treat disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;
(g) extracts or attempts to extract human teeth or corrects, attempts, or professes to correct malpositions of teeth or of the jaw;
(h) gives or professes to give interpretations or readings of dental roentgenograms;
(i) administers an anesthetic of any nature, subject to the limitations provided in 37-4-511, in connection with a dental operation;
(j) uses the words "dentist", "dental surgeon", "oral or "oral surgeon", the letters "D.D.S.", "D.D.S." "D.M.D.", or "D.M.D.", or any other words, letters, title, or descriptive matter which that in any way represents him the person as being able to diagnose, treat, prescribe, or operate for any disease, pain, deformity, deficiency, injury, or physical condition of human teeth, jaws, or adjacent structures;
(k) states, advertises, or permits to be stated or advertised, by sign, card, circular, handbill, newspaper, radio, or otherwise, that he the person can perform or will attempt to perform dental operations or render a diagnosis in connection therewith; with dental operations; or
(l) engages in any of the practices included in the curricula of recognized dental colleges.
Definitions -- – practice of dentistry
| (1)EnactedEn. 66-901.1 by SectionSec. 77, ChapterCh. 350, Laws ofL. 1974 |
| SectionSec. 66-901.1, Revised Codes of MontanaR.C.M. 1947 |
| (2)EnactedEn. SectionSec. 10, ChapterCh. 48, Laws ofL. 1935 |
| ReenactedRe-en. SectionSec. 3115.10, Revised Codes of MontanaR.C.M. 1935 |
| AmendedAmd. SectionSec. 2, ChapterCh. 38, Laws ofL. 1941 |
| AmendedAmd. SectionSec. 3, ChapterCh. 34, Laws ofL. 1961 |
| AmendedAmd. SectionSec. 5, ChapterCh. 352, Laws ofL. 1969 |
| AmendedAmd. SectionSec. 83, ChapterCh. 350, Laws ofL. 1974 |
| SectionSec. 66-910, Revised Codes of MontanaR.C.M. 1947 |
| Revised Codes of MontanaR.C.M. 1947, 66-901.1, 66-910(1) |
| AmendedAmd. SectionSec. 3, ChapterCh. 274, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 4, ChapterCh. 363, Laws ofL. 1981 |
| AmendedAmd. SectionSec. 1, ChapterCh. 518, Laws ofL. 1985 |