43-28 Dentists
Download pdf
Loading PDF...
<![CDATA[CHAPTER 43-28DENTISTS43-28-01. Definitions. As used in this chapter and chapter 43-20, unless the contextotherwise requires:1."Accredited dental school" means a dental school, college, or university accredited<br>by the commission on dental accreditation of the American dental association or its<br>successor.2."Advertising" means to invite the attention of or give notice to the public, by any<br>means, medium, or manner whatsoever of any fact, information, or data pertaining<br>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<br>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<br>holds a valid biennial certificate of registration.6."License" means the right, authority, or permission granted by the board to practice<br>dentistry in this state.7."Practiceofdentistry"meansexamination,diagnosis,treatment,repair,administration of local or general anesthetics, prescriptions, or surgery of or for any<br>disease, disorder, deficiency, deformity, discoloration, condition, lesion, injury, or<br>pain of the human oral cavity, teeth, gingivae, and soft tissues, and the diagnosis,<br>surgical, and adjunctive treatment of the diseases, injuries, and defects of the upper<br>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<br>person for the construction, reproduction, or repair of prosthetic dentures, bridges,<br>plates, or appliances, to be used or worn as substitutes for natural teeth, provided,<br>that such person or legal entity may not solicit or advertise, directly or indirectly, by<br>mail, card, newspaper, pamphlet, radio, television, or otherwise to the general public<br>to construct, reproduce, repair prosthetic dentures, bridges, plates, or other<br>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,<br>or dental assisting program recognized as such by the board, if the student's acts<br>are done in the dental college, dental hygiene, or dental assisting program and<br>under the direct supervision of the student's instructor; or to a student who is in<br>training in any dental program recognized as such by the board and who is<br>continuing the student's training and performing the duties of an extern under the<br>supervision of a dentist who has received approval to supervise an externship by the<br>appropriate accrediting committee, including the board.3.To a legally qualified and licensed physician, surgeon, or other practitioner<br>authorized by law, who in emergency cases performs any act within the scope of the<br>practice of dentistry.4.To a duly licensed and registered dentist of another state temporarily operating in<br>this state as a clinician, lecturer, or attendant of an educational program under thePage No. 1auspices of a dental college, a reputable dental society, dental hygienist society, or<br>dental assistant society.5.To the practice of dentistry in the discharge of their official duties by graduate<br>dentists or dental surgeons in the United States army, navy, air force, public health<br>service, coast guard, veterans' bureau, or director of the dental division of the state<br>department of health.6.To a registered nurse, licensed practical nurse, registered dental hygienist, or<br>registered dental assistant who is applying topical fluoride varnish to an individual<br>and is acting under the direct or general supervision of a physician or licensed<br>dentist if the registered nurse, licensed practical nurse, registered dental hygienist,<br>or registered dental assistant has successfully completed a training program<br>approved by the board.7.To an advanced practice registered nurse licensed under chapter 43-12.1 who is<br>applying topical fluoride varnish to an individual and is acting within the scope of<br>practice of the advanced practice registered nurse and has successfully completed a<br>training program approved by the board.8.To registered dental hygienists, registered dental assistants, qualified dental<br>assistants, and dental assistants practicing within the scope of practice and under<br>supervision as required by chapter 43-20 and by rule.43-28-03. State board of dental examiners - Members - Appointment - Terms ofoffice - Oath - Vacancies. The state board of dental examiners consists of seven members<br>appointed by the governor. The membership of the board must include five dentist members,<br>one dental hygienist member, and one consumer member. Appointment to the board is for a<br>term of five years, with terms of office arranged so that one term expires on March sixteenth of<br>each year, except that each fifth year there must be two new board members appointed, one of<br>whom is a dentist and the other a dental hygienist and two years later two new board members<br>must be appointed, one of whom is a dentist, and one of whom is a consumer member. The first<br>five-year term of the consumer member commences on July 1, 1993, and continues through<br>March 15, 1998. Each member of the board shall hold office until a successor is appointed and<br>qualified. Persons appointed to the board shall qualify by taking the oath required of civil officers.<br>No member may serve more than ten years or two 5-year terms of office. If a member of the<br>board is absent from two consecutive regular meetings, the board may declare a vacancy to<br>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<br>individual:a.Is a dentist licensed and registered under this chapter; andb.Is actively engaged in the practice of dentistry and has been so engaged in this<br>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<br>unless that individual:a.Is a licensed and registered dental hygienist in accordance with chapter 43-20;<br>andb.Is actively engaged in the practice of dental hygiene and has been so engaged<br>in this state for at least five years immediately preceding the dental hygienist's<br>appointment.Page No. 23.An individual may not be appointed as the consumer member of the board unless<br>that individual:a.Has been a resident of North Dakota for five years immediately preceding<br>appointment;b.Has no personal or family financial relationship with the dental profession; andc.Is not a dentist, a dental hygienist, a dental assistant, a physician, a nurse, or<br>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<br>privileges in all areas except that the dental hygienist may not participate in the<br>clinical examination of dentists for licensure and the consumer member may not<br>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<br>special meetings when necessary. At the regular meeting of the board, the members shall elect<br>from their number a president, a member who has at least two years remaining on that member's<br>term, president-elect, a member who has at least three years remaining on that member's term,<br>and a secretary-treasurer. The executive director shall furnish a bond in the amount fixed by the<br>board. Each member of the board shall receive as compensation for each day actually engaged<br>in the duties of the office per diem at a rate established by the board and reimbursement for<br>expenses as provided in section 54-06-09 while attending meetings of the board. The executive<br>director may be paid an annual salary in an amount determined by the board. Four members of<br>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<br>chapter.2.Examine applicants for licenses or registration to practice dentistry, dental hygiene,<br>or dental assisting in this state, either by direct examination or by accepting the<br>results of national or regional dental testing services in which the board participates<br>or which the board recognizes.3.Issue, suspend, revoke, limit, cancel, restrict, and reinstate licenses to practice<br>dentistry or dental hygiene and the biennial certificates of registration upon any<br>grounds authorized by this chapter.4.Issue subpoenas to require the attendance of witnesses and the production of<br>documentary evidence and may administer oaths. Any member or executive officer<br>of the board may administer oaths to witnesses, or issue subpoenas, but all<br>subpoenas so issued must be attested by the secretary who shall affix the seal of<br>the board thereto.5.Employ and compensate an executive director, attorneys, investigative staff, and<br>clerical assistants and may perform any other duties imposed upon the board by this<br>chapter.6.Establish minimum continuing professional education requirements for dentists,<br>dental hygienists, and dental assistants.43-28-07.Expenses of board - How paid - Funds held by secretary-treasurer.Repealed by S.L. 1971, ch. 510, </p>
<BR></DIV><!-- /.col.one --><!-- /.col.two --></DIV><!-- /.col.main --></DIV><!-- /div id = content -->
<BR class=clear></DIV>
<!-- /div id = livearea -->
<DIV></DIV><!-- /.col.one -->
<DIV></DIV><!-- /.col.main -->
<DIV></DIV><!-- /#content --><BR class=clear>
<DIV></DIV><!-- /#livearea -->
<!-- Footer-->
<DIV id=footer>
<DIV class=container>
<P class=copyright>Copyright © 2012-2022 Laws9.Com All rights reserved. </P><!-- /.copyright -->
<P class=footerlinks><A
href="/contactus.html">Contact Us</A> | <A href="/aboutus.html">About Us</A> | <A
href="/terms.html">Terms</A> | <A
href="/privacy.html">Privacy</A></P><!-- /.footerlinks -->
</DIV><!-- /.container -->
</DIV><!-- /footer -->
</BODY></HTML>
]]>