24 DE Code § 1101. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 11. Dentistry and Dental Hygiene|Subchapter I. State Board of Dentistry and Dental Hygiene|§ 1101. Definitions.

§ 1101. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them under this section except where the context clearly indicates a different meaning:  (1) “Academic license” means a license issued under § 1132A of this title to a full-time director, chairperson, or attending faculty member of a hospital based dental, oral and maxillofacial surgery or other specialty dental residency program for the purposes of teaching. (2) “Board” shall mean the State Board of Dentistry and Dental Hygiene established in this chapter. (3) “Dental assistant” shall mean any person not licensed to practice dentistry and/or dental hygiene in this State, who aids a dentist in the performance of generalized tasks, including chair-side aid, clerical work, reception, radiography, dental laboratory work, and any other such tasks delegated by the dentist. (4) “Dental auxiliary personnel” shall mean any person not licensed to practice dentistry in this State, who works in a dental office as either a dental assistant, dental hygienist, dental technician, or otherwise. (5) “Dental hygienist” shall mean a person who is qualified to practice dental hygiene as prescribed in this chapter. (6) “Dental technician” shall mean any person not licensed to practice dentistry in this State, engaged in the business of constructing, altering, repairing or duplicating full dentures (“plates”), partial dentures, splints, orthodontic appliances, fixed bridges or any other prosthetic appliances. (7) “Dentist” shall mean a person who is qualified to practice dentistry as prescribed in the chapter. (8) “Division” shall mean the State Division of Professional Regulation. (9) “Electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file. (10) “Excessive use or abuse of drugs” shall mean any use of narcotics, controlled substances or illegal drugs without a prescription from a licensed individual with valid prescriptive authority or the abuse of alcoholic beverage or prescription or nonprescription drugs, such that it impairs a person's ability to perform the work of a dentist or dental hygienist. (11) “Person” shall mean a corporation, company, association or partnership, as well as an individual. (12) “Practice of dental hygiene” shall mean the removal of calculus deposits, plaque and stains from all surfaces of the teeth, and making instrumental examinations of the oral cavity, and assembling all necessary information for use by the dentist in diagnosis and treatment planning, and the performance of such prophylactic or preventive measures in the case of teeth, including the application of chemicals to the teeth and periodontal tissues, designed and approved for the prevention of dental caries and/or periodontal disease, as the Board may authorize; but the “practice of dental hygiene” shall not include any other operation on the teeth or tissues of the mouth. (13) “Practice of dentistry” is defined as the evaluation, diagnosis, prevention and treatment (nonsurgical, surgical or related procedures) of diseases, disorders and conditions of the oral cavity, maxillofacial area and the adjacent and associated structures and their impact on the human body provided by a dentist within the scope of the dentist's education, training and experience, in accordance with the ethics of the profession and applicable law. A person shall be construed to practice dentistry who by verbal claim, sign, advertisement, opening of an office, or in any other way, including use of the words “dentist,” “dental surgeon,” the letters “D.D.S.,” “D.M.D.,” or other letters or titles, represents the person to be a dentist or who holds himself or herself out as able to perform, or who does perform, dental services or work. A person shall be regarded as practicing dentistry who is a manager, proprietor, operator or conductor of a place for performing dental operations or who for a fee, salary or other reward paid, or to be paid either to himself or herself or to another person, performs or advertises to perform dental operations of any kind. (14) “State” shall mean the State of Delaware. (15) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of dentistry or dental hygiene.73 Del. Laws, c. 332, §  3;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 262, §  20;  75 Del. Laws, c. 436, §  8;  77 Del. Laws, c. 463, §§  1, 2, 3;  79 Del. Laws, c. 261, §  1;  80 Del. Laws, c. 80, §  9;  81 Del. Laws, c. 79, § 37;  82 Del. Laws, c. 75, § 2;  82 Del. Laws, c. 261, §§  7, 16;  83 Del. Laws, c. 52, § 9;