North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter V - UNPROFESSIONAL CONDUCT › Section .0100 - UNPROFESSIONAL CONDUCT › Section 16V .0102 - DEFINITION: UNPROFESSIONAL CONDUCT BY A DENTAL HYGIENIST

Current through Register Vol. 39, No. 2, July 15, 2024
Unprofessional conduct by a dental hygienist as set out in
					 G.S.
					 90-229(a)(12) shall include
					 the following:
(1) having professional
				  discipline imposed, including the denial of licensure, by the dental hygiene
				  licensing authority of another state, territory, or country. For purposes of
				  this Rule, the surrender of a license under threat of disciplinary action shall
				  be considered the same as if the licensee had been disciplined;
(2) presenting false or misleading testimony,
				  statements, omissions, or records in any communication to the Board or the
				  Board's investigators, employees, or agents regarding any matter subject to the
				  provisions of the Dental Practice Act or Dental Hygiene Act;
(3) being convicted of or entering a plea of
				  guilty or nolo contendere to any charge for a crime that is violent or sexual
				  in nature;
(4) violating an order
				  of the Board previously entered in a disciplinary hearing or failing to comply
				  with a subpoena of the Board;
(5)
				  conspiring with any person to commit an act, or committing an act that would
				  coerce, intimidate, or preclude any patient or witness from testifying against
				  a licensee in any disciplinary hearing, or retaliating in any manner against
				  any patient or other person who testifies or cooperates with the Board during
				  any investigation under the Dental Practice or Dental Hygiene Acts;
(6) failing to identify to a patient,
				  patient's guardian, an employer, or the Board the name of any person or agent
				  who renders dental treatment or services upon request;
(7) procuring, dispensing, or administering
				  any controlled substance for personal use except those prescribed, dispensed,
				  or administered by a practitioner authorized to prescribe them;
(8) acquiring any controlled substance from
				  any pharmacy or other source by misrepresentation, fraud or
				  deception;
(9) having professional
				  connection with or lending one's name to the illegal practice of dental
				  hygiene, including as set forth in
				  G.S.
				  90-229(a)(11);
(10) failing to comply with any provision of
				  any contract or agreement with the Caring Dental Professionals
				  Program;
(11) failing to submit a
				  truthful response to a notice of complaint filed against the licensee with the
				  Board, or to any related request, accompanied by a signed verification on a
				  form provided by the Board, within the time allowed by the Board;
(12) failing to notify the Board of a change
				  in current primary physical address, which shall be either a personal address
				  or a business address at the licensee's election, within 10 business
				  days;
(13) working in a clinical
				  hygiene position if the ratio of hygienists to licensed dentists present in the
				  office is greater than 2:1, as set forth in
				  G.S.
				  90-233(b);
(14) soliciting employment of potential
				  patients in person or by telephone or permitting or directing another to do
				  so;
(15) giving or accepting
				  anything of value in exchange for a promise to refer or referral of potential
				  patients;
(16) using protected
				  health information, as defined by
				  45 CFR
				  160.103, to solicit potential
				  patients;
(17) making misleading or
				  untruthful statements for the purpose of procuring potential patients or
				  assisting another to do so;
(18)
				  committing any act that results in harm to a patient in connection with the
				  provision of dental services and violates State or federal statutes, rules, or
				  regulations, such as the Health Insurance Portability and Accountability
				  Act;
(19) practicing outside the
				  scope of dental hygiene, as defined in
				  G.S.
				  90-221(a);
(20) committing any act that violates State
				  or federal statutes or regulations governing controlled substances;
				  and
(21) committing any act that
				  would constitute civil assault or civil battery in connection with the
				  provision of dental hygiene services. The North Carolina Pattern Jury
				  Instructions for Civil 800.50, Assault, and for Civil 800.51, Battery, are
				  hereby incorporated by reference, including subsequent amendments and editions.
				  These documents may be accessed at no cost at
https://www.sog.unc.edu/resources/microsites/north-carolina-pattern-jury-instructions/north-carolina-pattern-jury-instructions-civil-cases
.
Authority
					 G.S.
					 90-29;
					 90-221;
					 90-223;
					 90-229;
Eff. August 1,
					 1998;
Amended Eff. August 1, 2016; July 1, 2015; October 1, 2001;
					 August 1, 2000; September 1, 1998;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff. July
					 1, 2022; November 1, 2019.