2016 North Dakota Century Code Title 43 Occupations and Professions Chapter 43-28 Dentists
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CHAPTER 43-28
DENTISTS
43-28-01. Definitions.
As used in this chapter and chapter 43-20, unless the context otherwise requires:
1. "Accredited dental school" means a dental school, college, or university accredited by
the commission on dental accreditation of the American dental association or its
successor.
2. "Advertising" means to invite the attention of or give notice to the public, by any
means, medium, or manner whatsoever of any fact, information, or data pertaining to
or being conducive of the practice of dentistry in this state.
3. "Board" means the state board of dental examiners.
4. "Certificate of registration" means a written statement of the board declaring that a
licensed dentist has paid the biennial registration fee required by this chapter.
5. "Dentist" means an individual who has a license to practice in this state and who holds
a valid biennial certificate of registration.
6. "License" means the right, authority, or permission granted by the board to practice
dentistry in this state.
7. "Practice of dentistry" means examination, diagnosis, treatment, repair, administration
of local or general anesthetics, prescriptions, or surgery of or for any disease, disorder,
deficiency, deformity, discoloration, condition, lesion, injury, or pain of the human oral
cavity, teeth, gingivae, and soft tissues, and the diagnosis, surgical, and adjunctive
treatment of the diseases, injuries, and defects of the upper and lower human jaw and
associated structures.
43-28-02. Exceptions.
The provisions of this chapter do not apply:
1. To the filling of written prescriptions of a licensed and registered dentist by any person
for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or
appliances, to be used or worn as substitutes for natural teeth, provided, that such
person or legal entity may not solicit or advertise, directly or indirectly, by mail, card,
newspaper, pamphlet, radio, television, or otherwise to the general public to construct,
reproduce, repair prosthetic dentures, bridges, plates, or other appliances to be used
or worn as substitutes for natural teeth.
2. To a student enrolled in and regularly attending any dental college, dental hygiene, or
dental assisting program recognized as such by the board, if the student's acts are
done in the dental college, dental hygiene, or dental assisting program and under the
direct supervision of the student's instructor; or to a student who is in training in any
dental program recognized as such by the board and who is continuing the student's
training and performing the duties of an extern under the supervision of a dentist who
has received approval to supervise an externship by the appropriate accrediting
committee, including the board.
3. To a legally qualified and licensed physician, surgeon, or other practitioner authorized
by law, who in emergency cases performs any act within the scope of the practice of
dentistry.
4. To a duly licensed and registered dentist of another state temporarily operating in this
state as a clinician, lecturer, or attendant of an educational program under the
auspices of a dental college, a reputable dental society, dental hygienist society, or
dental assistant society.
5. To the practice of dentistry in the discharge of their official duties by graduate dentists
or dental surgeons in the United States army, navy, air force, public health service,
coast guard, veterans' bureau, or director of the dental division of the state department
of health.
6. To a registered nurse, licensed practical nurse, registered dental hygienist, or
registered dental assistant who is applying topical fluoride varnish to an individual and
is acting under the direct or general supervision of a physician or licensed dentist if the
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registered nurse, licensed practical nurse, registered dental hygienist, or registered
dental assistant has successfully completed a training program approved by the board.
To an advanced practice registered nurse licensed under chapter 43-12.1 who is
applying topical fluoride varnish to an individual and is acting within the scope of
practice of the advanced practice registered nurse and has successfully completed a
training program approved by the board.
To registered dental hygienists, registered dental assistants, qualified dental
assistants, and dental assistants practicing within the scope of practice and under
supervision as required by chapter 43-20 and by rule.
43-28-03. State board of dental examiners - Members - Appointment - Terms of office Oath - Vacancies.
The state board of dental examiners consists of seven members appointed by the governor.
The membership of the board must include five dentist members, one dental hygienist member,
and one consumer member. Appointment to the board is for a term of five years, with terms of
office arranged so that one term expires on March sixteenth of each year, except that each fifth
year there must be two new board members appointed, one of whom is a dentist and the other
a dental hygienist and two years later two new board members must be appointed, one of whom
is a dentist, and one of whom is a consumer member. The first five-year term of the consumer
member commences on July 1, 1993, and continues through March 15, 1998. Each member of
the board shall hold office until a successor is appointed and qualified. Persons appointed to the
board shall qualify by taking the oath required of civil officers. No member may serve more than
ten years or two 5-year terms of office. If a member of the board is absent from two consecutive
regular meetings, the board may declare a vacancy to exist. All vacancies on the board must be
filled by the governor by appointment.
43-28-04. Qualifications and appointment of members of the board - Limited vote.
1. An individual may not be appointed as a dentist member of the board unless that
individual:
a. Is a dentist licensed and registered under this chapter; and
b. Is actively engaged in the practice of dentistry and has been so engaged in this
state for at least five years immediately preceding the appointment.
2. An individual may not be appointed as the dental hygienist member of the board
unless that individual:
a. Is a licensed and registered dental hygienist in accordance with chapter 43-20;
and
b. Is actively engaged in the practice of dental hygiene and has been so engaged in
this state for at least five years immediately preceding the dental hygienist's
appointment.
3. An individual may not be appointed as the consumer member of the board unless that
individual:
a. Has been a resident of North Dakota for five years immediately preceding
appointment;
b. Has no personal or family financial relationship with the dental profession; and
c. Is not a dentist, a dental hygienist, a dental assistant, a physician, a nurse, or the
spouse of an individual engaged in any of those occupations.
4. The dental hygienist and consumer member of the board shall exercise full voting
privileges in all areas except that the dental hygienist may not participate in the clinical
examination of dentists for licensure and the consumer member may not participate in
the clinical examination of dentists or hygienists for licensure.
43-28-05. Meeting of board - Officers - Bond - Compensation of members - Quorum.
The board shall hold a regular annual meeting at a place designated by the board and
special meetings when necessary. At the regular meeting of the board, the members shall elect
from their number a president, a member who has at least two years remaining on that
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member's term, president-elect, a member who has at least three years remaining on that
member's term, and a secretary-treasurer. The executive director shall furnish a bond in the
amount fixed by the board. Each member of the board shall receive as compensation for each
day actually engaged in the duties of the office per diem at a rate established by the board and
reimbursement for expenses as provided in section 54-06-09 while attending meetings of the
board. The executive director may be paid an annual salary in an amount determined by the
board. Four members of the board constitute a quorum but a smaller number may adjourn from
time to time.
43-28-06. Powers of board.
The board may:
1. Adopt and enforce reasonable rules to govern its proceedings and to carry out this
chapter.
2. Examine applicants for licenses or registration to practice dentistry, dental hygiene, or
dental assisting in this state, either by direct examination or by accepting the results of
national or regional dental testing services in which the board participates or which the
board recognizes.
3. Issue, suspend, revoke, limit, cancel, restrict, and reinstate licenses to practice
dentistry or dental hygiene and the biennial certificates of registration upon any
grounds authorized by this chapter or rules adopted by the board.
4. Issue subpoenas to require the attendance of witnesses and the production of
documentary evidence and may administer oaths. Any member or executive officer of
the board may administer oaths to witnesses, or issue subpoenas, but all subpoenas
so issued must be attested by the secretary who shall affix the seal of the board
thereto.
5. Employ and compensate an executive director, attorneys, investigative staff, and
clerical assistants and may perform any other duties imposed upon the board by this
chapter.
6. Establish minimum continuing professional education requirements for dentists, dental
hygienists, and dental assistants.
7. Enter an agreement with the same professional organization with which the North
Dakota board of medicine has entered an agreement under subsection 6 of section
43-17-07.1.
43-28-07. Expenses of board - How paid - Funds held by secretary-treasurer.
Repealed by S.L. 1971, ch. 510, § 15.
43-28-08. Records of board - Use as evidence.
The board shall keep full and complete minutes of its proceedings and of its receipts and
disbursements and a full and accurate list of all persons licensed and registered by it. The
records of the board, together with the list of all licensed and registered dentists, are public
records and must be open to public inspection at all reasonable times. Such records, or a
transcript of the same or any part thereof, under the seal of the board, duly certified by its
secretary-treasurer, are competent evidence of the facts therein stated. A certificate of the
secretary-treasurer under the seal of the board stating that any person is or is not a duly
licensed and registered dentist is prima facie evidence of such fact.
43-28-09. Biennial report.
The board may submit a report to the governor and the secretary of state in accordance
with section 54-06-04.
43-28-10. License and certificate required - Scope of practice.
A person may not practice dentistry in this state unless that person is a dentist.
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43-28-10.1. Requirements for licensure.
The board may grant a license to practice dentistry to an applicant who has met all of the
following requirements:
1. The applicant has a doctorate of dental surgery or doctorate of dental medicine degree
from an accredited dental school.
2. The applicant has passed the examination administered by the joint commission on
national dental examinations or the national dental examining board of Canada.
3. The applicant has passed a clinical competency examination administered by a
regional dental testing service approved by the board by rule.
4. The applicant has passed, within one year of making application, a written examination
on the laws and rules governing the practice of dentistry in this state.
5. Grounds for denial of the application under section 43-28-18 do not exist.
6. The applicant has met any requirement for licensure established by the board by rule.
43-28-11. Application - Fees.
An individual seeking to practice dentistry in this state shall apply to the executive director of
the board on forms prescribed by the board. The application must be verified under oath to the
effect that all of the statements contained in the application are true of the applicant's own
knowledge, and must be received by the executive director of the board at least thirty days
before the board meeting at which it is considered. The applicant shall enclose with the
application a recent autographed picture of the applicant and an application fee as determined
by the board by rule.
43-28-11.1. Conviction not bar to licensure - Exceptions.
Conviction of an offense does not disqualify a person from licensure under this chapter
unless the board determines that the offense has a direct bearing upon a person's ability to
serve the public as a dentist, or that, following conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.
43-28-11.2. Fitness - Criminal history record check - Costs.
The board may investigate an applicant's or a dentist's fitness, qualification, and previous
professional record and performance. The board may seek information sought under this
section from recognized data sources, including the national practitioners data bank, data
repositories, licensing and disciplinary authorities of other jurisdictions, professional education
and training institutions, liability insurers, health care institutions, and law enforcement agencies.
An applicant or a dentist for whom the board is performing an investigation under this section
shall cooperate with the board if necessary to access the information sought by the board. The
board or the board's investigative disciplinary panels may require an applicant or a dentist who
is the subject of a disciplinary investigation to submit to a statewide and nationwide criminal
history record check. The criminal history record check must be conducted in the manner
provided by section 12-60-24. All costs associated with a criminal history record check
performed under this section are the responsibility of the dentist or applicant.
43-28-12. Examination - Subjects covered.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-12.1. Regional or other states' examination.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-12.2. Continuing educational requirement for dentists - Audit.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-13. When re-examination required.
Any dentist who does not undertake the actual practice of dentistry within five years from
the date of the dentist's license and registration, shall, before engaging in the practice of
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dentistry in this state, notify the board of the intention in writing. The board, after a full
investigation, may re-examine the dentist as to the dentist's qualifications to practice dentistry in
this state, if the board deems such re-examination necessary. The failure of the dentist to give
the written notice to the board before engaging in the practice of dentistry in this state is
grounds for disciplinary action.
43-28-14. Re-examination - Fee - Additional education.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-15. Licensure by credential review.
The board may issue a license and certificate of registration to practice dentistry in this state
to an applicant who meets all of the following requirements:
1. The applicant, for at least five years immediately preceding application, has been
licensed in good standing and has been actively practicing dentistry in another
jurisdiction where the requirements are at least substantially equivalent to those of this
state.
2. Grounds for denial of the application under section 43-28-18 do not exist.
3. The applicant pays to the board the fee determined by the board by rule.
4. The applicant delivers to the board a certificate from the examining or licensing board
of every jurisdiction in which the individual is practicing or is licensed to practice,
certifying that the individual is a licensed and registered dentist in good standing in that
jurisdiction.
5. The applicant passes a written examination on the laws and rules governing the
practice of dentistry in this state administered by the board at a meeting.
6. The applicant meets any requirement for licensure established by the board by rule.
43-28-16. Certificate - Displayed in place of business.
The holder of a license and certificate of registration shall display the license and certificate
conspicuously in the holder's place of business.
43-28-16.1. Death certificate issuance by dentist.
Any dentist licensed and registered may issue a death certificate in an emergency, when the
cause of death is known to the dentist.
43-28-16.2. License renewals.
1. Licenses expire on December thirty-first of every odd-numbered year.
2. Licenses may be renewed by December thirty-first of the odd-numbered year by
submitting a renewal application, a renewal fee established by the board by rule, and
proof of completion of the continuing education requirements established by the board
by rule, provided the dentist's license is not revoked or grounds for denial under
section 43-28-18 do not exist.
3. If the renewal application, renewal fee, and proof of completion of continuing education
are not received by December thirty-first of the odd-numbered year, the license expires
and the dentist may not practice dentistry.
4. Within sixty days after December thirty-first of the odd-numbered year, an expired
license may be renewed by submitting the renewal application, renewal fee, proof of
completion of continuing education, and a late fee established by the board by rule.
5. If the renewal application, renewal fee, proof of completion of continuing education,
and late fee are not received within sixty days after December thirty-first of the
odd-numbered year, the license may not be renewed, and the dentist must apply for
and meet the requirements for licensure to be granted a license.
6. The board may extend the renewal deadlines for a dentist providing proof of medical
or other hardship rendering the dentist unable to meet the deadline.
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43-28-17. Inactive status.
Upon payment of a fee determined by the board, a dentist may request to have the dentist's
license placed on inactive status. While on inactive status, the dentist may not engage in the
practice of dentistry in the state until the dentist applies for reinstatement, pays a renewal fee,
and meets any additional requirements established by rule.
43-28-18. Grounds for denial of or disciplinary action against license and certificate.
The board may deny an application or take disciplinary action against the license and the
certificate of registration of any applicant or dentist who has:
1. Engaged in dishonorable, unprofessional, or immoral conduct.
2. Been convicted of an offense determined by the board to have a direct bearing upon
the individual's ability to serve the public as a dentist, or the board determines,
following conviction for any offense, that the individual is not sufficiently rehabilitated
under section 12.1-33-02.1.
3. Been adjudged mentally ill and not judicially restored by the regularly constituted
authorities.
4. Abused, is dependent on, or addicted to the use of alcohol or drugs.
5. Employed or permitted an unlicensed individual to practice dentistry in the office under
the dentist's control.
6. Been grossly negligent in the practice of dentistry.
7. Engaged in fraud or deceit in obtaining the license or in the practice of dentistry.
8. Disclosed confidential information.
9. Shared any professional fee with anyone or paid anyone for sending or referring
patients to the dentist. However, this does not prohibit dentists from practicing in a
partnership and sharing one another's professional fees, nor prohibit a dentist from
employing any other dentist or dental hygienist.
10. Used any advertising of any character tending to mislead and deceive the public,
including advertising the public could reasonably interpret as indicating the dentist is
qualified to practice a dental specialty, if the practice of that dental specialty would be
outside the scope of practice for which the dentist is qualified to practice.
11. Failed to meet minimum standards of professional competence.
12. Prescribed, administered, or dispensed medications for reasons or conditions outside
the scope of dental practice.
13. Fraudulently, carelessly, negligently, or inappropriately prescribed drugs or
medications.
14. Directed others to perform acts or provide dental services for which they were not
licensed or qualified or were prohibited by law or rule from performing or providing.
15. Submitted fraudulent insurance claims.
16. Made any false or untrue statements in an application for an examination to obtain a
license to practice dentistry.
17. Made any false representations that the individual is the holder of a license or
certificate of registration to practice dentistry.
18. Made any false claims that the individual is a graduate of a dental college or the holder
of any diploma or degree from a dental college.
19. Failed to comply with commonly accepted national infection control guidelines and
standards.
20. Abandoned the dentist's practice in violation of rules adopted by the board.
21. Failed to report to the board as required under section 43-28-18.1.
22. Failed to practice within the scope of that dentist's education or advanced training as
recognized by the board, the American dental association, or other professional entity
recognized by the board.
23. Failed to release copies of dental or medical records requested by a patient of record
or violated section 23-12-14. Dental records may include any document, charting,
study models, doctor's notations, billing information, insurance document or
combination of documents that pertains to a patient's medical history, diagnosis,
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24.
25.
26.
27.
28.
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prognosis, or medical condition, which is generated and maintained in the process of
the patient's dental health care treatment.
Advised or directed patients to dental laboratories or dental laboratory technicians for
any dental service or advised or directed patients to deal directly with laboratories or
dental laboratory technicians without first having furnished the dental laboratory or
dental laboratory technician a written prescription.
Worked or cooperated with dental laboratories that advertise for public patronage by
delegating work to such laboratories in return for the referral of laboratory patrons for
professional services.
Used the services of a person or entity not licensed to practice dentistry in this state,
or constructed, altered, repaired, or duplicated a denture, plate, partial plate, bridge,
splint, or orthodontic or prosthetic appliance, except as provided by rule adopted by
the board.
Violated the code of ethics adopted by the board by rule.
Violated this chapter or rules adopted by the board.
Had the applicant's or dentist's license suspended, revoked, or disciplined in another
jurisdiction.
43-28-18.1. Duty to report.
1. A dentist shall report to the board in writing within sixty days of the event any illegal,
unethical, or errant behavior or conduct of the dentist, including the following events,
proceedings, or formal or informal actions:
a. A dental malpractice judgment or malpractice settlement or a final judgment by a
court in favor of any party and against the licensee.
b. A final disposition regarding the surrender of a license, or adverse action taken
against a license by a licensing agency in another state, territory, or country; a
governmental agency; a law enforcement agency; or a court for an act or conduct
that would constitute grounds for discipline under this chapter.
c. A mortality or other incident occurring in an outpatient facility of the dentist which
results in temporary or permanent physical or mental injury requiring
hospitalization of the patient during or as a direct result of a dental procedure or
related use of general anesthesia, deep sedation, conscious sedation with a
parenteral drug, or enteral sedation.
2. A dentist shall advise the board in a timely manner if the dentist reasonably believes
another dentist has committed an illegal or immoral act or has otherwise failed to make
a report as required under subsection 1.
43-28-18.2. Disciplinary procedure.
1. A person may file a written and signed complaint with the board alleging a dentist
engaged in conduct identified as grounds for disciplinary action under section
43-28-18. The board may also initiate a complaint and investigation on the board's
motion.
2. The board may direct a complaint committee to investigate a complaint and
recommend whether the board should initiate a disciplinary action against the dentist.
3. The board or complaint committee shall notify the dentist of the complaint, and require
a written response from the dentist. The board or complaint committee may examine
and copy records, including patient records, examine witnesses, obtain expert
opinions, require the dentist to be physically or mentally examined, or both, by
qualified professionals selected by the board, and take any other action necessary to
investigate the complaint. A request by the board or complaint committee is authorized
to disclose patient information and records to the board or complaint committee.
Patient information and records disclosed to the board or complaint committee are
confidential. The dentist shall cooperate with the board or the complaint committee in
the investigation, including responding promptly and completely to a request or
requirement.
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4.
5.
6.
7.
The complaint, response, and any record received by the board in investigating the
complaint are exempt records, as defined in section 44-04-17.1, until the board
determines to proceed with a disciplinary action.
The board shall determine if there is a reasonable basis to believe the dentist engaged
in conduct identified as grounds for disciplinary action under section 43-28-18. If the
board determines there is not a reasonable basis to believe, the board shall notify the
complainant and the dentist. If the board determines there is a reasonable basis to
believe, the board shall proceed with a disciplinary action in accordance with chapter
28-32.
The board, at any time, may offer or accept a proposal for informal resolution of the
complaint or disciplinary action.
The board may impose a fee on the dentist for all or part of the costs of an action
resulting in discipline, including administrative costs, investigation costs, attorney's
fees, witness fees, the cost of the office of administrative hearings' services, and court
costs.
43-28-18.3. Temporary suspension - Appeal.
1. When, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates that the continued practice
by the dentist would create a significant risk of serious and ongoing harm to the public
while a disciplinary proceeding is pending, and that immediate suspension of the
dentist's license is required to reasonably protect the public from that risk of harm, the
board may order a temporary suspension ex parte. For purposes of this section,
"verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice of the suspension to the dentist,
which must include a copy of the order and complaint, the date set for a full hearing,
and a specific description of the nature of the evidence, including a list of all known
witnesses and a description of any documents relied upon by the board in ordering the
temporary suspension which, upon request, must be made available to the dentist.
2. An ex parte temporary suspension remains in effect until a final order is issued after a
full hearing or appeal under this section or until the suspension is otherwise terminated
by the board.
3. The board shall conduct a hearing on the merits of the allegations to determine what
disciplinary action, if any, must be taken against the dentist who is the subject of the ex
parte suspension. That hearing must be held not later than thirty days from the
issuance of the ex parte temporary suspension order. The dentist is entitled to a
continuance of the thirty-day period upon request for a period determined by the
hearing officer.
4. The dentist may appeal the ex parte temporary suspension order before the full
hearing. For purposes of appeal, the district court shall decide whether the board
acted reasonably or arbitrarily. The court shall give priority to the appeal for prompt
disposition.
5. A dental or medical record of a patient, or other document containing personal
information relating to a patient, which is obtained by the board is confidential.
43-28-19. Revocation of license and certificate - Proceedings, how initiated - Service
of notice and hearing.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-20. Plea - Answer - Trial of issues - Witnesses and cost.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-21. Determination - Order - Appeal and review.
Repealed by S.L. 2009, ch. 369, § 31.
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43-28-22. Reinstatement of license - Renewal of certificate - When issued - Fees.
Repealed by S.L. 2009, ch. 369, § 31.
43-28-23. Notice to board of change of address.
Within thirty days after a licensed and registered dentist changes the dentist's place of
business, the dentist shall notify the executive director of the board of the new address. The
notice must be given by certified mail and return receipt requested. Such licensed and
registered dentist may not practice dentistry in the state for more than thirty days after such
removal without giving such notice.
43-28-24. Duplicate license and certificate - When issued - Fee.
If a license or certificate of registration to practice dentistry in this state is lost or destroyed,
the board shall issue and deliver a duplicate license or certificate for a fee established by rule.
43-28-25. Unlawful acts - Penalty.
It is a class A misdemeanor:
1. For any unlicensed person to construct, alter, repair, or duplicate any denture, partial
denture, bridge, splint, or orthodontic or prosthetic appliance, except as provided by
rule adopted by the board.
2. For any person:
a. To falsely claim or pretend to be a graduate from any dental college or the holder
of any diploma or degree from such college;
b. To practice any fraud and deceit either in obtaining a license or a certificate of
registration;
c. To falsely claim or pretend to have or hold a license or certificate of registration
from the board to practice dentistry; or
d. To practice dentistry in this state without a license and certificate of registration.
3. For any person, except a dentist, to own more than forty-nine percent of an office
practice or business at which the practice of dentistry is performed. This provision
does not apply to a board-approved medical clinic, hospital, or public health setting
with which a dentist is associated; a board-approved nonprofit organization created to
serve the dental needs of an underserved population; or the heir or personal
representative of a deceased dentist. The board may inspect and approve a medical
clinic, hospital, public health setting, or nonprofit organization at which the practice of
dentistry is performed. The heir or personal representative may operate an office
under the name of the deceased dentist for a period of not longer than two years from
the date of the dentist's death.
The board may institute a civil action for an injunction prohibiting violations of this section
without proof that anyone suffered actual damages.
43-28-26. Punishment for misdemeanors.
Repealed by S.L. 1975, ch. 106, § 673.
43-28-27. Fees.
All license fees, registration fees, and other fees authorized to be assessed and collected
by the board must be established by rules adopted by the board.
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