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 .0101 - DEFINITION: UNPROFESSIONAL CONDUCT BY A DENTIST

Current through Register Vol. 39, No. 2, July 15, 2024
Unprofessional conduct by a dentist as set out in
					 G.S.
					 90-41(a)(26) shall include
					 the following:
(1) having professional
				  discipline imposed, including the denial of licensure, by the dental 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 any 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, or the Board the name of an employee, employer, contractor,
				  or agent who renders dental treatment or services upon request;
(7) prescribing, procuring, dispensing, or
				  administering any controlled substance for personal use, which does not include
				  those prescribed, dispensed, or administered by a practitioner authorized to
				  prescribe them;
(8) pre-signing
				  blank prescription forms or using pre-printed or rubber stamped prescription
				  forms containing the dentist's signature or the name of any controlled
				  substance;
(9) forgiving the
				  co-payment provisions of any insurance policy, insurance contract, health
				  prepayment contract, health care plan, or nonprofit health service plan
				  contract by accepting the payment received from a third party as full payment,
				  unless the dentist discloses to the third party that the patient's payment
				  portion will not be collected;
(10)
				  failing to provide radiation safeguards required by the State Department of
				  Health and Human Services, the federal Occupational and Safety Health
				  Administration, the Food and Drug Administration, or the Environmental
				  Protection Agency;
(11) having
				  professional connection with or lending one's name to the unlawful practice of
				  dentistry, including as set forth in
				  G.S.
				  90-41(a)(9);
(12) using the name of any deceased or
				  retired dentist on any office door, directory, stationery, bill heading, or any
				  other means of communication any time after one year following the death or
				  retirement from practice of said dentist;
(13) failing to comply with any provision of
				  any contract or agreement with the Caring Dental Professionals
				  Program;
(14) 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 with the notice or request, within the time allowed
				  by the Board;
(15) 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;
(16)
				  permitting more than two dental hygienists for each licensed dentist in the
				  office to perform clinical hygiene tasks, as set forth in
				  G.S.
				  90-233(b);
(17) failing to produce diagnostic
				  radiographs or other treatment records on request of the Board or its
				  investigator;
(18) soliciting
				  employment of potential patients in person or by telephone or permitting or
				  directing another to do so;
(19)
				  giving or accepting anything of value in exchange for a promise to refer or
				  referral of potential patients;
(20) failing to offer 30 days of emergency
				  care upon dismissing a patient from a dental practice;
(21) withholding or refusing to complete a
				  treatment procedure for an existing patient conditioned upon payment of an
				  outstanding balance;
(22) using
				  protected health information, as defined by
				  45 CFR
				  160.103, to solicit potential
				  patients;
(23) making misleading or
				  untruthful statements for the purpose of procuring potential patients, or
				  directing or allowing an employee or agent to do so;
(24) committing any act that results in harm
				  to a patient, employee, or independent contractor 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;
(25) refusing to permit a
				  Board agent or employee to conduct a sterilization inspection;
(26) acquiring any controlled substance from
				  any source by fraud, deceit or misrepresentation;
(27) practicing outside the scope of
				  dentistry, as set forth in
				  G.S.
				  90-29;
(28) committing any act that violates State
				  or federal statutes or regulations governing controlled substances;
				  and
(29) committing any act that
				  would constitute civil assault or civil battery in connection with the
				  provision of dental 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.
					 90-22(a);
					 90-28;
					 90-29;
					 90-40;
					 90-40.1;
					 90-41;
					 90-48;
					 90-223(b);
Eff. August 1, 1998;
Amended Eff. August 1, 2016; July 1, 2015;
					 October 1, 2001; August 1, 2000;
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.