Subchapter II. Dentistry and Dental Hygiene
TITLE 24
Professions and Occupations
CHAPTER 11. DENTISTRY AND DENTAL HYGIENE
Subchapter II. Dentistry and Dental Hygiene
§ 1121. License required.
(a) No person shall practice dentistry or dental hygiene or hold himself or herself out to the public in this State as being qualified to practice dentistry or dental hygiene or use in connection with the person's name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice dentistry or dental hygiene unless such person has been duly licensed under this chapter.
(b) A dental hygienist licensed under this chapter shall practice dental hygiene only under the general supervision of a licensed dentist, in the office of the licensed dentist or in any public school or other public institution of this State.
(c) A licensed dental hygienist may practice under the general supervision of the State Dental Director, or the State Dental Director's designee, who shall be a licensed Delaware dentist, in schools and state institutions. A licensed dental hygienist may also practice under the general supervision of the State Dental Director, or the State Dental Director's designee, who shall be a Delaware licensed dentist, in federally qualified health centers, nonprofit organizations and other locations as designated by the Delaware Health Care Commission in consultation with DIDER. The protocols under which hygienists practice in these settings will be established by the State Dental Director and shall be subject to the approval of the Delaware State Board of Dentistry and Dental Hygiene.
(d) The State Dental Director shall be a Delaware licensed dentist. In the event that the State Dental Director does not have a Delaware dental license when hired, the State Dental Director must obtain a Delaware license within 2 years of assuming the position. The Board may grant a temporary license for a period no longer than 2 years to the State Dental Director, provided the State Dental Director has met all licensure requirements except successful completion of the practical exam. The authority to practice dentistry under such a temporary license will be limited to the performance of the duties as the State Dental Director.
(e) Whenever a license to practice as a dentist or dental hygienist in this State has expired or has been suspended or revoked, it shall be unlawful for the person to practice dentistry or dental hygiene in this State.
73 Del. Laws, c. 332, § 1; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, § 3.;
§ 1122. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant who is applying for licensure as a dentist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.
(2) Before matriculating in a dental college or university, has completed at least 2 years of undergraduate study in an accredited college or university.
(3) Has acquired 1 year's experience as a dental intern within a general practice residency accredited by the Commission on Dental Accreditation of the American Dental Association (CODA) or has completed a CODA approved specialty residency with those specific rotations identified in the Board's rules and regulations, or if applying by reciprocity has had 3 years of active dental practice in another state or territory of the United States.
(4) Has achieved the passing score on all examinations prescribed by the Board.
(b) An applicant who is applying for licensure as a dental hygienist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person has:
(1) Graduated from high school or has received a general equivalency diploma (G.E.D.).
(2) Graduated from a dental hygiene college or university program accredited by the Commission on Dental Accreditation of the American Dental Association of at least 2 academic years' duration; or
(3) Graduated, prior to 1953, from a dental hygiene program of at least 1 year's duration, which program had been approved by the Board at the time of the person's graduation; and
(4) Achieved the passing score on all examinations prescribed by the Board.
(c) All applicants shall have complied with the following conditions:
(1) Shall submit proof of current certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board.
(2) Shall not have been the recipient of any administrative penalties regarding the applicant's practice of dentistry or dental hygiene, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, or have entered into any "consent agreements" which contain conditions placed by a Board on the applicant's professional conduct and practice, including any voluntary surrender of a license while under investigation the Board may determine, after a hearing or based on the documentation submitted, whether such administrative penalty is grounds to deny licensure.
(3) Shall not have any impairment related to drugs or alcohol that would limit the applicant's ability to undertake the practice of dentistry or dental hygiene in a manner consistent with the safety of the public.
(4) Shall not have a criminal conviction record nor pending criminal charge relating to an offense the circumstances of which substantially relate to the practice of dentistry or dental hygiene. Applicants who have criminal conviction records or pending criminal charges shall require appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to the practice of dentistry or dental hygiene. After a hearing or review of documentation demonstrating that the applicant meets the specified criteria for a waiver, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (c)(4), if it finds all of the following:
a. More than 5 years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole or suspension. However, "sentence" does not include fines, restitution or community service, as long as the applicant is in substantial compliance with such fines, restitution and community service.
b. The applicant is capable of practicing dentistry or dental hygiene in a competent and professional manner.
c. The granting of the waiver will not endanger the public health, safety or welfare.
(5) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter, and shall have no disciplinary proceedings or unresolved complaints pending against the person in any jurisdiction where the applicant has previously been or currently is licensed.
(6) Submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
a. A report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person.
b. A report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Dentistry and Dental Hygiene shall be the screening point for the receipt of said federal criminal history records.
An applicant may not be certified to practice dentistry or dental hygiene until the applicant's criminal history reports have been produced. An applicant whose record shows a prior criminal conviction may not be certified by the Board unless a waiver is granted pursuant to paragraphs (c)(4)a., b. and c. of this section;
(7) Shall submit to the Board a sworn or affirmed statement that the applicant is, at the time of application, physically and mentally capable of engaging in the practice of medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant's capability.
(d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, the Board shall deny the application and report its findings to the Attorney General for further action.
73 Del. Laws, c. 332, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 22; 75 Del. Laws, c. 436, § 9; 77 Del. Laws, c. 199, § 7; 77 Del. Laws, c. 463, §§ 14-17.;
§ 1123. Examinations.
(a) An applicant applying to take the Delaware practical (clinical) examination shall submit evidence, verified by oath satisfactory to the Board, that such person:
(1) When applying as a dentist, has received a degree in dentistry from a dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association;
(2) When applying as a dental hygienist, has fulfilled the requirements set forth within § 1122 (b)(1)-(3) of this title.
(b) An applicant applying for licensure shall:
(1) Successfully pass, with a score established by the Board, a validated practical examination prepared and administered by the Board. A practical test in dentistry or dental hygiene prepared by the Board and its method of administration shall be validated as to content and scoring by a member of the faculty of an accredited school of dentistry. Such faculty member shall not be licensed to practice dentistry in Delaware and shall be agreed upon by the Division and the Board. An applicant who has failed the practical examination 3 times may not take the examination again unless the applicant can provide evidence of mitigating circumstances to the satisfaction of the Board.
(2) For licensure as a dentist, submit proof satisfactory to the Board that the applicant has successfully completed the National Board of Dental Examiners' examination in dentistry with a passing score established by the Board; for licensure as a dental hygienist, submit proof satisfactory to the Board that the applicant has successfully passed the National Board of Dental Examiners' examination in dental hygiene.
(3) For licensure as a dentist, successfully pass a written jurisprudence examination on Delaware laws pertaining to dentistry; for licensure as a dental hygienist, successfully pass a written jurisprudence examination on Delaware laws pertaining to dental hygiene. All examinations shall be approved by the Division and the Board.
73 Del. Laws, c. 332, § 1; 74 Del. Laws, c. 61, § 1; 77 Del. Laws, c. 463, § 18.;
§ 1124. Dentists and dental hygienists licensed in other jurisdictions.
(a) Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to practice dentistry or dental hygiene to each applicant, who shall present proof of current licensure in "good standing" in another state, the District of Columbia, or territory of the United States, who meets the following criteria:
(1) Has maintained the applicant's license in "good standing" and has satisfied all requirements of § 1122(c)(2)-(7) of this title.
(2) Shall, subject to subsection (b) of this section, have passed the examinations required in § 1123(b)(1), (2) and (3) of this title.
(3) For licensure as a dentist, has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association.
(4) For licensure as a dentist, shall submit proof that the applicant has had 3 years of active dental practice in another state, the District of Columbia or a territory of the United States.
(5) Shall submit proof of current certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board.
(b) An applicant for licensure as a dental hygienist, who shall have practiced for a minimum of 3 of the last 5 years in the state in which the applicant currently is or has been licensed, may be licensed provided that the applicant meets the qualifications of paragraphs (1), (2), and (5) of subsection (a) of this section, except for the completion of the practical examination.
(c) All applicants for licensure under this section shall have remained academically current through continuing education or otherwise, as determined by the Board.
73 Del. Laws, c. 332, § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 436, § 10; 77 Del. Laws, c. 463, §§ 19-21.;
§ 1125. Fees.
The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
73 Del. Laws, c. 332, § 1.;
§ 1126. Issuance and renewal of licenses; replacement of licenses.
(a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dentist or dental hygienist and who pays the fee established in § 1125 of this title.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division, upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board and proof that the licensee has not been convicted of a crime substantially related to the practice of dentistry or dental hygiene unless a waiver is granted pursuant to § 1122(c)(4) of this title.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed dentist or dental hygienist may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year. Any licensee who fails to renew on or before the renewal date, and any allowable extensions, not to exceed 1 year, will be considered a new applicant.
(d) Any person whose license or certificate has expired for failure to make biennial registration over a period of more than 5 years and who has not been in the active full-time practice or dentistry or dental hygiene in another state or territory of the United States during the previous 5 years is required, in addition to applying as a new applicant, to submit to re-examination or other formal assessment of competency as approved by the Board.
(e) All licenses issued under this chapter shall be displayed in view of the public in the place of business of the licensee.
(f) A new license to replace any license lost, destroyed or mutilated may be issued by the Division of Professional Regulations. A charge shall be made for such issuance.
73 Del. Laws, c. 332, § 1; 77 Del. Laws, c. 199, § 8; 77 Del. Laws, c. 463, §§ 22-26.;
§ 1127. Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging or has engaged in the practice of dentistry or dental hygiene or is using the title "dentist" or "dental hygienist," and is not licensed under the laws of this State, the Board shall report to the office of the Attorney General for appropriate action.
73 Del. Laws, c. 332, § 1.;
§ 1128. Grounds for discipline.
A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1129 of this title, if, after a hearing, the Board finds that the dentist or dental hygienist:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a dentist or dental hygienist, has impersonated another person holding a license or has allowed another person to use the practitioner's license, or has aided or abetted a person not licensed as a dentist or dental hygienist to represent himself or herself as a dentist or dental hygienist;
(2) Has practiced dentistry or dental hygiene in an incompetent or grossly negligent manner or has otherwise been guilty of misconduct or unprofessional conduct. In addition to such acts or omissions as the Board may define as unprofessional conduct by rules and regulations, unprofessional conduct shall include, but shall not be limited to, practicing in a corporation or other business entity which actually limits or restricts the exercise and application of professional judgment by the dentist or dental hygienist to the detriment of the dentist's or dental hygienist's patients;
(3) [Deleted.]
(4) Has been convicted of any offense the circumstances of which substantially relate to the practice of dentistry or dental hygiene. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof;
(5) Has engaged in an act of consumer fraud or deception, engaged in the illegal restraint of competition, or participated in illegal price-fixing activities;
(6) Has violated a provision of this chapter or any regulation established thereunder;
(7) Has had the practitioner's license as a dentist or dental hygienist suspended or revoked, or has had other disciplinary action taken against the dentist or dental hygienist by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record, and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts prohibited by this chapter. Every person licensed as a dentist or dental hygienist in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agency in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(8) Has failed to notify the Board that the practitioner's license as a dentist or dental hygienist in another state has been subject to discipline or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof;
(9) Has a physical condition such that the performance of dentistry or dental hygiene is or may be injurious or prejudicial to the public;
(10) Has had the practitioner's United States Drug Enforcement Administration (DEA) privileges restricted or revoked; or
(11) Has engaged in the excessive use or abuse of drugs.
73 Del. Laws, c. 332, § 1; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 262, § 23.;
§ 1129. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 1128 of this title applies to a practitioner regulated by this chapter:
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status and require the practitioner to:
a. Report regularly to the Board upon the matters which are the basis of the probation;
b. Limit all practice and professional activities to those areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke any practitioner's license;
(6) Impose a monetary penalty not to exceed $1,000 for each violation;
(7) Take such other disciplinary action as the Board may deem necessary and appropriate.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied.
(c) Upon the filing of a formal complaint by the Attorney General's office, the Board may temporarily suspend a practitioner's license in advance of a final adjudication, but only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court.
(d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter.
(e) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation and can practice dentistry or dental hygiene with reasonable skill and safety to the public.
(f) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate.
73 Del. Laws, c. 332, § 1; 77 Del. Laws, c. 463, §§ 27-29.;
§ 1130. Hearing procedures.
(a) If a complaint is filed with the Board by the office of the Attorney General pursuant to § 8735 of Title 29 alleging violation of § 1128 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
(b) The technical rules of evidence shall not apply to hearings before the Board. If the Board finds, by a majority vote of all members hearing the case, that the complaint has been established by a preponderance of evidence, the Board shall take such action permitted under this chapter as it deems necessary. The Board's decision shall be in writing and shall include its reasons for such decision. The Board's decision shall be mailed immediately to the practitioner.
(c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board's decision to the Superior Court.
73 Del. Laws, c. 332, § 1; 70 Del. Laws, c. 186, § 1.;
§ 1131. Duty to self-report.
(a) A licensee shall self-report to the Board:
(1) Any arrest or the bringing of an indictment or information charging the licensee with a crime substantially related to the practice of dentistry and dental hygiene as defined in the Board's rules and regulations.
(2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, of any crime substantially related to the practice of dentistry and dental hygiene as defined by the Board in its rules and regulations.
(b) The report required by this section shall be made in writing within 30 days of the date of the arrest, bringing of the indictment or information or of the conviction.
(c) Failure to make a report required by this section constitutes grounds for discipline under § 1128 of this title.
77 Del. Laws, c. 463, § 31.;
§ 1132. Limited license; fee.
(a) Upon completion of an application approved by the Board and payment of a fee established by the Division, the Board may issue a limited license to an applicant for licensure as a dentist who has fulfilled the requirements of § 1122(a)(1) and (2) of this title, and who furnishes proof satisfactory to the Board that the applicant has been appointed a dental intern in a hospital or other institution maintained by this State, by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the laws of this State.
(b) The limited license shall entitle the applicant to practice dentistry only in the hospital or other institution designated on the license and only on bona fide patients of the hospital or institution and under the direction of a licensed dentist employed therein or on the staff thereof.
(c) The applicant for limited license shall comply with the provisions of § 1122(c)(1)-(7) of this title.
(d) The holder of a limited license shall be bound by all other applicable provision of this chapter.
(e) The limited license shall be renewed annually.
73 Del. Laws, c. 332, § 1; 77 Del. Laws, c. 463, § 32.;
§ 1132A. Limited license -- Director or chairperson of a hospital dental or hospital oral and maxillofacial surgery residency program.
(a) Upon completion of an application approved by the Board and payment of a fee established by the Division, in accordance with § 1125 of this title, the Board may issue a limited license to an applicant for licensure as a dentist or oral and maxillofacial surgeon who has fulfilled the requirements of § 1122(a)(1), (2), and (3) of this title, who presents proof of current licensure in "good standing" in another state, the District of Columbia, or territory of the United States, and who furnishes proof satisfactory to the Board that the applicant has been appointed a director or chairperson of a hospital dental or hospital oral and maxillofacial surgery department, which has a residency program that is accredited by the Commissioner on Dental Accreditation of the American Dental Association, and is incorporated under the laws of this State.
(b) The limited license shall entitle the applicant to practice dentistry or oral and maxillofacial surgery only in the hospital or other institution designated on the license and only on bona fide patients of the hospital or institution, and in an academic setting for teaching purposes.
(c) The applicant for this limited license shall comply with the provisions of § 1122(c)(1)-(7) and (d) of this title.
(d) The holder of a limited license shall be bound by all other applicable provisions of this chapter.
(e) This limited license shall be renewed biennially.
77 Del. Laws, c. 205, § 1; 77 Del. Laws, c. 463, § 33.;