in-20260819-IR-828250815RAA: 828 IAC 0.5-1-1

TITLE 828 STATE BOARD OF DENTISTRY Readoption Review LSA Document #25-815

I. Statement Whether the Subject Matter Covered by the Rule Remains Carried out by the Agency

Pursuant to IC 25-14-1-13 and IC 25-13-1-5, the Board is required to adopt rules establishing the standards for the competent practice of dentistry and dental hygiene. This includes requirements for licensure by examination, professional conduct, advertising, and establishing requirements for the use of general anesthesia and deep sedation. Through rule adoption authorized under IC 25-14 and 25-13, the Board adopted rules included in this regulatory analysis so it can meet its statutory purpose of establishing and enforcing rigorous standards for education, training, and professional conduct for dentists and dental hygienists. There have been no changes to statutes, policies, or authority that removes this responsibility from the Board.

II. Rationale For Continued Need for the Rule

A continued need for the rules listed for subsections of Articles 0.5, 1, and 3 under Title 828 IAC (see Appendix A) still exists as it is the statutory responsibility of the State Board of Dentistry (“Board”) to govern the practice of dentistry. As discussed later in this document, the Board has reviewed all its administrative rules to update the rules to current industry standards and streamline rules to be less burdensome on licensees. Since the last readoption of the rules included in this readoption request, there has been no change in the statutory and regulatory responsibilities of the Board to govern the practice of dentistry. Pursuant to IC 25-14-1-13 and IC 25-13-1-5, the Board is required to adopt rules establishing the standards for the competent practice of dentistry and dental hygiene. This includes requirements for licensure by examination, professional conduct, advertising, and establishing requirements for the use of general anesthesia and deep sedation. The readoption of these rules allows for the Board to meet its statutory purpose of establishing and enforcing rigorous standards for education, training, and professional conduct for dentists and dental hygienists. The readoption of these rules allows the Board to continue its statutory responsibilities in the following ways: Over the last several years, the Board has reviewed and overhauled its rules to streamline them with current practices and remove unnecessary regulations. The Board identified several rules, including several within this proposed readoption, that require modification and updating to reflect current practices. Additionally, the Board did identify several rules that needed repealed. Several of those are set to expire at the end of 2026 and are being repealed with this readoption. The Board did not see a need to modify or repeal the remaining rules identified in this readoption review as the rules are still necessary as written. This Title 828 rule revisions are currently being reviewed by State Budget Agency and Office of Management and Budget for approval to move forward with official rulemaking. Additionally, all rules under Title 828 were recently part of a comprehensive study authorized by IC 25-1-16.5. This study conducted a comprehensive review of all occupational licenses and regulations for the entities administered by the Professional Licensing Agency (“PLA”) and other licensing bodies across the state. The occupational study compared the following areas with 6 comparisons states to determine if Indiana's requirements were more or less burdensome: background checks, fees, education requirements, experience requirements, and continuing education. The occupational study did identify areas within Title 828 as “more burdensome,” however, those areas are not up for readoption and are currently being modified or removed under the above-mentioned Title 828 rule revisions IC 4-22-2-19.5 Analysis The rules under Title 828 IAC requiring readoption meet each of the standards set forth in IC 4-22-2-19.5. First, pursuant to IC 4-22-2-19.5(a)(1) any expenses necessary because of this readoption are restricted to those licensed under Article 13 and 14 of Title 25. This includes dentists licensed under IC 25-14-1, and dental hygienists licensed under IC 25-13-1-5. The only fees addressed in the rule readoptions are for the application and registration renewal of mobile dental facilities. Additionally, the rules create no direct expenses to consumers and individual taxpayers beyond their interest in obtaining a license issued by the Board and becoming a regulated entity. Pursuant to IC 25-14 and IC 25-13, the Board's regulatory goal and responsibility is to establish and enforce rigorous standards for education, training, and professional conduct for dentists and dental hygienists. As discussed above, these rules satisfy IC 4-22-2-19.5 because the rules lay out the regulatory scheme for licensure of dentists, professional conduct, and professional standards for the use of anesthesia by both dentists and dental hygienists. Third, there is no direct duplication of standards found in state or federal law. It is the sole responsibility of the Board to license dentists and dental hygienists so there are no conflicting state laws with the licensing scheme under Title 828 IAC. IC 25-14 and 25-13 lay the legal framework, but Title 828 IAC provides the specific regulations and guidance necessary to license dentists and dental hygienists in Indiana. Fourth, the rules are written in plain language for licensees to understand. For example, 828 IAC 1-4-2 clearly outlines what the practice of dentistry entails. The language of the remaining rules is clear with specific requirements to give licensees clear guidance on how to comply. As part of the Title 828 rule revisions, these rules are streamlined even further to give clearer guidance on how licensees can comply with dental regulations. Finally, the rules are easily enforceable through the Board's compliance section. The Board utilizes two compliance officers who are available to conduct inspections and review records to ensure compliance with state laws and regulations. If a licensee is found in violation of any state or federal statute related to the regulation of dentistry or dental hygiene, the Board may file a consumer complaint with the Office of the Attorney General (“OAG”) pursuant to IC 25-1-7. The OAG is then tasked with filing formal charges before the Board against the licensee to see if discipline is necessary.

III. Analysis of fees, fines, and civil penalties under IC 4-22-2-19.6

The proposed readoption of these rules does not create or increase any fees. It readopts 828 IAC 0.5-2-5 which provides the current fee structure for registration application and renewal of mobile dental facility licenses. License Type Fee Mobile Dental Facility Registration Application $200 Registration Renewal $100 The fees comply with IC 4-22-2-19.6(b)(1) as it sets a specific dollar amount per license or type of registration. Registration application fees are $200, and fees for the license renewal are $100. These individual dollar amounts were determined by calculating the costs of the staff and technology necessary to process the application and the issuance of the license as required under IC 4-22-2-19.6(c).

IV. Cost-Benefit, Economic Impact, Fiscal Impact, or Regulatory Burden Statements

Please see the accompanying Regulatory Analysis.

V. Alternative Methods of Achieving the Purpose of the Rules

Over the last several years, the Board has reviewed and overhauled its rules to streamline them with current practices and remove unnecessary regulations. The Board identified several rules, including several within this proposed readoption, that require modification and updating to reflect current practices. Additionally, the Board did identify several rules that needed repealed. Several of those are set to expire at the end of 2026 and are being repealed with this readoption. The Board did not see a need to modify or repeal the remaining rules identified in this readoption review as the rules are still necessary as written. This Title 828 rule revisions is currently being reviewed by State Budget Agency and Office of Management and Budget for approval to move forward with official rulemaking. Additionally, all rules under Title 828 were recently part of a comprehensive study authorized by IC 25-1-16.5. This study conducted a comprehensive review of all occupational licenses and regulations for the entities administered by the Professional Licensing Agency (“PLA”) and other licensing bodies across the state. The occupational study compared the following areas with 6 comparisons states to determine if Indiana's requirements were more or less burdensome: background checks, fees, education requirements, experience requirements, and continuing education. The occupational study did identify areas within Title 828 as “more burdensome,” however, those areas are not up for readoption and are currently being modified or removed under the above-mentioned Title 828 rule revisions.

VI. Complaints and Comments

No complaints or comments have been received from the public concerning the rule or the rule's implementation by the agency.

VII. Difficulties Encountered

The Board has not identified any specific difficulties encountered in administering this rule or any regulated parties in complying with the rule, however, they do understand a revision is needed to align with current statutes, industry standards, and technology.

VIII. Changes in Technology, Economic Conditions, or Other Factors

According to the Bowen Center for Health Workforce, there is a dental workforce shortage in Indiana, particularly in rural counties. Out of Indiana's 92 counties, 63 of those are designated as dental health professional shortage areas by the Health Resource and Services Administration (“HRSA”)1. Readopting these rules and, eventually, adopting the Title 828 IAC rule revisions will provide consistency and clarity to applicants and practitioners to potentially help close that gap. Additionally, it will prevent any gap in issuing licenses which would only exacerbate the dentist shortage.

IX. State Comparison

Below is the comparison of the proposed rule readoptions to comparison states as prescribed in OMB's FMC 5.6 Guidance. Please note that the occupational study discussed previously in the review conducted a thorough comparison and analysis of Indiana's licensing regulations. The findings of that occupational study showed that Indiana's regulations included in these readoptions were not any more burdensome than the comparison states of Kentucky, Ohio, Michigan, Illinois, Nebraska and Wyoming. In general, each state's rules and regulations related to licensure and professional conduct are similar to those in the proposed readoption of subsections of Title 828 IAC rule revision discussed in this review. Previously, the rules related to general anesthesia, advertising, and adverse patient reactions were identified as being slightly more prescriptive than the comparison states. However, those rules are being modified to align to updated industry standards in the rulemaking discussed in Paragraph V.

X. Previous Amendments

The rules vary in how long it has been since substantive updates were made. While these readoptions do not substantively modify the existing rules, readopting them will allow the Board time to proceed with their Title 828 IAC rule revision through the rulemaking process. Below is a list of rules up for readoption and the year they were last substantively updated: Rule Year of Last Substantive Change 828 IAC 0.5-1-1 1992 828 IAC 0.5-1-9.1 2010 828 IAC 0.5-2-5 2002 828 IAC 1-1-1 2006 828 IAC 1-1-2 2006 828 IAC 1-1-3 2006 828 IAC 1-1-6 2006 828 IAC 1-1-7 2004 828 IAC 1-1-15 2010 828 IAC 1-1-17 1994 828 IAC 1-1-19 1994 828 IAC 1-1-22 1992 828 IAC 1-1-23 2002 828 IAC 1-1-24 2001 828 IAC 1-1-25 2016 828 IAC 1-4-1 1982 828 IAC 1-4-2 1982 828 IAC 1-4-3 1982 828 IAC 1-4-4 1983 828 IAC 3-1-1 1999 828 IAC 3-1-2 1993 828 IAC 3-1-3 1992 828 IAC 3-1-4 1993 828 IAC 3-1-5 1992 828 IAC 3-1-6.1 1997 828 IAC 3-1-6.5 1999 828 IAC 3-1-7 1993 828 IAC 3-1-7.5 1997 828 IAC 3-1-9 1993 828 IAC 3-1-10 1999 828 IAC 3-1-11 1999 The Title 828 IAC rule revision will provide significant modifications, including the following:

XI. Integration into Indiana Code

PLA fully supports integrating all rules under Title 846 IAC into Indiana Code, recognizing that doing so would significantly reduce the administrative burden on Board members, staff, and the PLA's legal team and allow PLA to utilize resources towards serving licensees. Currently, the PLA oversees approximately 33 boards, each requiring its own distinct rulemaking process. Historically, the Indiana General Assembly has been hesitant to codify specific regulations into state law, instead delegating rulemaking authority to individual boards and agencies. It provides the legal framework to allow the PLA boards to use their expertise to design rules that address the needs and current industry standards of the profession. This creates an incredibly high regulatory burden for all agencies, particularly PLA as it is responsible for the most boards and commissions of all state agencies. For instance, in 2025, PLA completed 33 separate rulemaking processes to establish fees and fines for each board under IC 4-22-2-19.6-despite the fact that the language was virtually identical across all boards. With only two attorneys handling 33 rulemaking processes, the demands imposed by IC art. 4-22 are overwhelming, diverting attention from other critical responsibilities and contributing to delays that directly impact constituents. Consolidating these rules into state statute would streamline operations, enhance efficiency, and ensure more consistent governance across professions. It should also be noted that adding statutory language for PLA to craft and approve rules that affect all boards would greatly reduce the regulatory burden on PLA legal staff. To maximize efficiency within the PLA, integrating these rules into Indiana Code should be accompanied by a comprehensive review of all statutes in Title 25 along with regulations governing entities administered by the PLA. Streamlining similar rules and processes would enhance operational effectiveness while ensuring uniformity across professions. In alignment with Executive Orders 25-13 and 25-18, consolidating these regulations into statutes would eliminate inconsistencies among PLA staffing groups, providing a standardized approach to licensing that offers greater clarity and reliability for consumers. The argument against integrating rules into Indiana Code is that the boards are designated as experts in their professions. In many professions, questions of practice can be more adequately addressed by the boards having a direct role in crafting rules as the board members understand the practical reality of implementation of such rules and requirements. It would benefit consumers and licensees to use board members and their expertise to determine how their respective professions are going to be administered and regulated.

I. Description of Rule

License Type Fee Mobile Dental Facility Registration Application $200 Registration Renewal $100 II. Fiscal Impact Analysis III. Impacted Parties IV. Changes in Proposed Rule V. Benefit Analysis VI. Cost Analysis VII. Sources of Information VIII. Regulatory Analysis IX. Contact Information of Staff to Answer Substantive Questions _________________________ 1https://bowenportal.org/indiana-dental-health-workforce-in-context/ 2According to the American Dental Education Association, nearly 80% to 83% of dental students in Indiana and across the country utilize student loans and financial aid to pay for their Doctor of Dental Surgery (DDS) degree. Because of high tuition and living costs, the vast majority rely on federal funding to manage their education. 3See IC 25-13-1-6; IC 25-14-1-3; and IC 25-14-1-4.5 4Because dental and dental hygienists degrees are required for licensure by statute in Indiana, the costs are not included in the threshold calculation of Paragraph IV. d. 5Cost of Attending IU Indianapolis - What Will I Pay for Tuition and Fees? 6Search | Classes, Products, Articles | Red Cross 7JCNDE.org: 2026 INBDE Candidate Guide 8Dental (ADEX) | American Board of Dental Examiners 9Cost Estimator : Indiana University 10JCNDE.org: 2026 NBDHE Candidate Guide 11828 IAC 0.5-2-3 12ACLS & BLS Certification for Dentists - Online, Accredited, Instant Card - United Medical Education 13On-Site ACLS/PALS Certification & Recertification for Dentists and Staff - Academy of Dental and Medical Anesthesia 14AMBU BAG (Positive pressure delivery device) - SEDATION SAFETY 15AED Cost Breakdown: Plan Your Defibrillator Budget 16Pulse Oximeters | Pearson Dental Supplies 17Dental Vacuum Pumps for Sale | Wet & Dry Systems 18Catalog | ADSA Notice of Public Comment for Rule Readoption: 20260819-IR-828250815RNA Notice of Determination Received: August 4, 2026