24 DE Code § 1106. (2021)
2021 Delaware Code|Title 24 - Professions and Occupations|Chapter 11. Dentistry and Dental Hygiene|Subchapter I. State Board of Dentistry and Dental Hygiene|§ 1106. Powers and duties of the Board.

§ 1106. Powers and duties of the Board. (a) The State Board of Dentistry and Dental Hygiene shall have authority to:  (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter; (2) Designate the application form to be used by all applicants, and to process all applications; (3) Examine candidates for licensure subject to § 8735(d)(5) of Title 29; a. Designate the written, standardized examination administered by the National Board of Dental Examiners to be taken by all persons applying for licensure; b. Prepare and administer a practical examination in dentistry and dental hygiene; c. Designate a written jurisprudence examination on the Delaware laws pertaining to dentistry to be taken by all persons applying for licensure; (4) Provide for the administration of all applicable examinations, including notice and information to applicants; (5) Evaluate the credentials of all persons applying for a license to practice dentistry and dental hygiene in order to determine whether such persons meet the qualifications for licensing set forth in this chapter; (6) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure and/or renewal of licenses; (7) Establish by rule and regulation continuing education standards required for license renewal for dentists and dental hygienists; (8) Evaluate certified records to determine whether an applicant for licensure who has been previously licensed, certified or registered in another jurisdiction to practice dentistry or dental hygiene has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses; (9) Refer all complaints from licensees and the public concerning licensed dentists and dental hygienists or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint; (10) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a dentist or dental hygienist shall be subject to a disciplinary hearing and, if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29]; (11) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed; (12) Working in conjunction with the Board of Directors of the Delaware Institute of Dental Education and Research, develop programs to encourage and allow dentists to practice in under-served areas of the State, as designated by the Delaware Health Care Commission, in lieu of hospital-based residency training as a condition of licensure; (13) Issue a volunteer license to an individual who is duly licensed as a dentist or dental hygienist in this State or to any individual who has ever been so licensed provided proof of continued competence is provided to the satisfaction of the Board. Such individuals shall certify on the license application that the individual will perform no dental or dental hygiene services for any direct compensation and that the individual volunteers his or her time exclusively in a nonprofit dental clinic or nonprofit dental service designated by the Delaware Health Care Commission and approved by the Delaware State Board of Dentistry and Dental Hygiene. A volunteer license shall be issued at no charge to a qualified individual approved by the Board. All other costs associated with meeting the requirements for such license will remain the responsibility of the applicant. The applicant for a volunteer license shall be responsible for completing the continuing education required for an active Delaware licensee by the Board and shall adhere to all standards of practice and supervision required of a Delaware licensed dentist or dental hygienist. Any dentist or dental hygienist having a volunteer license shall not practice dentistry or dental hygiene in this State in any setting other than in an approved nonprofit dental clinic or nonprofit dental service. (14) Define 3 levels of supervision by rule and regulation. (15) Establish by rule and regulation the requirement to and standards for permits that authorize dentist to administer anesthetic agents. (16) Issue subpoenas requiring the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a dental society against any person certified under this chapter to practice dentistry or dental hygiene. (b) The State Board of Dentistry and Dental Hygiene shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene. Code 1915, §  891;  38 Del. Laws, c. 48, §  2;  Code 1935, §  972;  24 Del. C. 1953, §  1107;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 31, §  1;  72 Del. Laws, c. 481, §  1;  73 Del. Laws, c. 332, §  3;  74 Del. Laws, c. 262, §  21;  75 Del. Laws, c. 104, §  1;  77 Del. Laws, c. 463, §§  3, 9-13;