Interstate Commerce Policy
LICENSURE REQUIREMENTS FOR ORAL AND MAXILLOFACIAL PATHOLOGISTS INTERPRETING TISSUE SAMPLES, TISSUE SLIDES, OR TISSUE IMAGES FOR DIAGNOSIS IN INTERSTATE COMMERCE
Oral and maxillofacial pathologists interpreting tissue samples, tissue slides or tissue images for diagnosis in interstate commerce must be licensed both in the state in which the patient physically presents for diagnosis and in the state in which the interpretation and diagnosis are made, unless the pathologist is a currently registered Diplomate of the American Board of Oral and Maxillofacial Pathology and is making the interpretation and diagnosis in a laboratory that holds a current Certificate of Compliance from the Centers for Medicare & Medicaid Services as required by the Clinical Laboratory Improvement Amendments (CLIA) act, in which case the pathologist need only be licensed in the state in which the interpretation and diagnosis are made, and not also in the state from which the specimen, slide or image originated.
Since its inception as a specialty of dentistry in 1948, the practice of Oral and Maxillofacial Pathology has traditionally included diagnosis of tissue specimens received from both in-state and out-of-state practitioners. Indeed, because there are no practicing oral pathologists in many states, it is often necessary that specimens be sent to out-of-state practitioners for diagnosis. The AAOMP affirms its belief that patient safety and well-being are adequately protected when the Oral Pathologist is certified by the American Board of Oral and Maxillofacial Pathology, the laboratory holds a current CLIA certificate of compliance, and the oral pathologist holds a current, valid license in the state in which the laboratory is located and the pathology interpretation and diagnosis are made. This policy applies equally to intra-or inter-specialty consultations or the rendering of second opinions.
The practice of Oral and Maxillofacial Pathology in interstate commerce occurs whenever a patient specimen, including a specimen slide or a specimen image, is sent through interstate commerce or an interstate communication system, from the state in which the patient physically presented for diagnosis to another location outside that state for interpretation and diagnosis.Supplemental information: Diplomate status is as defined in ADA Principles of Ethics and Code of Professional Conduct; Section 5H, General Standards.
NB: This Policy is that of AAOMP alone and does not supersede state dental practice laws or regulations, which may require licensure when the Policy does not. Consult your attorney if you have any questions about compliance with your state dental practice act.