Ohio Dental Hygienists Ass'n v. Ohio State Dental Board

The issue raised by this case is whether a letter issued by the Ohio State Dental Board advising dentists that BQP may remove cement, debris and loose bands from a patient’s teeth violates R.C. 4715.39.

Appellee argues that the letter of February 19, 1982 is merely an advisory opinion, offering the board’s interpretation of the meaning of rules already adopted by the board. Specifically, it is appellee’s contention that the board’s letter is not a “rule” requiring promulgation but a statement of clarification regarding Ohio Adm. Code 4715-11-01 through 4715-11-03, 4715-3-01 and 4715-9-01. This…