20 CSR 2110-1.010
General Organization
PURPOSE: This regulation complies with
section 536.023, RSMo which requires each
agency to adopt as a regulation, a description
of its operation and the methods and procedures where the public may obtain information or make submissions or requests.
(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.
AUTHORITY: section 332.031, RSMo 2016,
and section 332.041, RSMo Supp. 2020.*
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 Rescinded and readopted: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:
Filed June 18, 2020, effective Dec. 30, 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.