2023 Delaware Code › Title 24 - Professions and Occupations › Chapter 11. DENTISTRY AND DENTAL HYGIENE › Subchapter I. State Board of Dentistry and Dental Hygiene › § 1102. State Board of Dentistry and Dental Hygiene; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.

§ 1102. State Board of Dentistry and Dental Hygiene; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
(a) There is created a State Board of Dentistry and Dental Hygiene which shall administer and enforce this chapter.
(b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State, 5 of whom shall be dentists licensed under this chapter and who have been actively practicing dentistry in this State for a period of 5 years immediately preceding appointment to the Board; 1 member shall be a dental hygienist who has been actively practicing dental hygiene in this State for a period of 5 years immediately preceding appointment to the Board; and 3 public members who shall have been residents of this State for a period of 5 years immediately preceding appointment to the Board. The public members shall not be, nor ever have been, dentists or dental hygienists, nor members of the immediate family of a dentist or dental hygienist; shall not have been employed by a dentist; and shall not have a material interest in the providing of goods and services to dentists or dental hygienists, nor have been engaged in an activity directly related to dentistry or dental hygiene. The public members shall be accessible to inquiries, comments and suggestions from the general public. No public member shall have been licensed in any health related field or be licensed to practice law. No person shall be eligible for appointment to the Board who is in any manner connected with or interested in any dental college or the dental department of any college or university or the dental supply business.
(c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.
(d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served.
(e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.
(f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court.
(g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of dentists or dental hygienists, including the Delaware State Dental Society and the Delaware Dental Hygienists' Association.
(h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board.
(i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least 1/2 of all regular business meetings during any calendar year shall be guilty of neglect of duty.
(j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition, shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9.
(k) A dentist and a dental hygienist from the same practice, or 2 dentists from the same practice, or 2 dental hygienists from the same practice, may not serve on the Board or the Dental Hygiene Advisory Committee at the same time.
11 Del. C. 1953, §§  1101-1103, 1005;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 547, §  7;  60 Del. Laws, c. 449, §  2;  61 Del. Laws, c. 179, §§  1, 2;  61 Del. Laws, c. 334, §§  4, 6;  63 Del. Laws, c. 290, §  8;  65 Del. Laws, c. 494, §  2;  67 Del. Laws, c. 130, §  8;  70 Del. Laws, c. 186, §  1;  70 Del. Laws, c. 266, §§  3, 4;  70 Del. Laws, c. 451, §§  1, 2;  71 Del. Laws, c. 31, §  1;  73 Del. Laws, c. 332, §  3;  77 Del. Laws, c. 463, §§  3, 4;  81 Del. Laws, c. 85, § 5;