reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Q - GENERAL ANESTHESIA AND SEDATION › Section .0500 - ENTERAL MINIMAL CONSCIOUS SEDATION › Section 16Q .0506 - ANNUAL RENEWAL OF MINIMAL CONSCIOUS SEDATION PERMIT REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Minimal conscious sedation permits shall
				  be renewed by the Board annually at the same time as dental licenses by the
				  permit holder paying a renewal fee of one hundred dollars ($100.00) and
				  completing the renewal application requirements of this Rule. If the completed
				  permit renewal application and renewal fee are not received in the Board's
				  office before midnight on January 31 of each year, a fifty dollar ($50.00) late
				  fee shall be charged. The renewal application shall be submitted electronically
				  through the Board's website, www.ncdentalboard.org, and shall include the
				  information required by Rule .0102(e) of this Subchapter and a report of
				  compliance with the conditions for renewal in Paragraph (d) of this
				  Rule.
(b) Any permit holder who
				  fails to renew a minimal conscious sedation permit before midnight on March 31
				  of each year shall complete a reinstatement application, pay the renewal fee
				  and late fee set out in Paragraph (a), and comply with all conditions for
				  renewal set out this Rule. Dentists whose sedation permits have been lapsed for
				  more than 12 calendar months shall pass an inspection and an evaluation as part
				  of the reinstatement process in accordance with Rules .0505 and .0507 of this
				  Section. All applicants for reinstatement of a permit shall be in good
				  standing. All applications for reinstatement of a permit shall be submitted on
				  forms furnished by the Board at www.ncdentalboard.org and shall include the
				  information required by Rule .0102(f) of this Subchapter and a report of
				  compliance with the conditions for renewal set out in Paragraph (d) of this
				  Rule.
(c) A dentist who administers
				  minimal conscious sedation in violation of this Rule shall be subject to the
				  penalties prescribed by Rule .0701 of this Subchapter.
(d) As a condition for renewal of the minimal
				  conscious sedation permit, the permit holder shall meet the clinical and
				  equipment requirements of Rule .0505 of this Section and shall document the
				  following:
(1) three hours of continuing
				  education each year in one or more of the following areas, which shall be
				  counted toward fulfillment of the continuing education required each calendar
				  year for license renewal:
(A)
				  sedation;
(B) medical
				  emergencies;
(C) monitoring
				  sedation and the use of monitoring equipment;
(D) pharmacology of drugs and agents used in
				  sedation;
(E) physical evaluation,
				  risk assessment, or behavioral management; or
(F) airway management;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Q - GENERAL ANESTHESIA AND SEDATION › Section .0600 - REPORTING AND PENALTIES › Section 16Q .0601-.0602

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-28;
					 90-30.1;
					 90-41;
Eff. February
					 1, 1990;
Transferred and Recodified from 16Q .0501 to 16Q
					 .0601;
Transferred and Recodified from 16Q .0502 to 16Q
					 .0602;
Temporary Amendment Eff. December 11, 2002;
Amended Eff. August 1, 2004;
Repealed Eff. April 1,
					 2016.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Q - GENERAL ANESTHESIA AND SEDATION › Section .0700 - COMPLIANCE AND REPORTING › Section 16Q .0701 - FAILURE TO COMPLY

Current through Register Vol. 39, No. 2, July 15, 2024
Failure to comply with the provisions of this Subchapter
					 may result in suspension or revocation of the permit and/or the dentist's
					 license to practice dentistry in accordance with
					 G.S.
					 90-41.
Authority
					 G.S.
					 90-28;
					 90-30.1;
					 90-41;
Eff. February
					 1, 1990;
Transferred and Recodified from 16Q .0601 to 16Q
					 .0701;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Q - GENERAL ANESTHESIA AND SEDATION › Section .0700 - COMPLIANCE AND REPORTING › Section 16Q .0703 - REPORTS OF ADVERSE OCCURRENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A
				  dentist who holds a permit to administer general anesthesia or sedation shall
				  report to the Board within 72 hours after each adverse occurrence related to
				  the administration of general anesthesia or sedation that results in the death
				  of a patient within 24 hours of the procedure. Sedation permit holders shall
				  cease administration of sedation until the Board has investigated the death and
				  approved resumption of permit privileges. General anesthesia permit holders
				  shall cease administration of general anesthesia and sedation until the Board
				  has reviewed the incident report and approved resumption of permit
				  privileges.
(b) A dentist who holds
				  a permit to administer general anesthesia or sedation shall report to the Board
				  within 30 days after each adverse occurrence related to the administration of
				  general anesthesia or sedation that results in permanent organic brain
				  dysfunction of a patient occurring within 24 hours of the procedure or that
				  results in physical injury or severe medical emergencies, causing
				  hospitalization of a patient occurring within 24 hours of the
				  procedure.
(c) The adverse
				  occurrence report shall be in writing and shall include the following:
(1) dentist's name, license number and permit
				  number;
(2) date and time of the
				  occurrence;
(3) facility where the
				  occurrence took place;
(4) name and
				  address of the patient;
(5)
				  surgical procedure involved;
(6)
				  type and dosage of sedation or anesthesia utilized in the procedure;
(7) circumstances involved in the occurrence;
				  and
(8) anesthesia
				  records.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter Q - GENERAL ANESTHESIA AND SEDATION › Section .0700 - COMPLIANCE AND REPORTING › Section 16Q .0704 - INSPECTION AUTHORIZED

Current through Register Vol. 39, No. 2, July 15, 2024
Incident to the renewal of an anesthesia or sedation permit
					 or any itinerant permit, or incident to an investigation pursuant to
					 21 NCAC
					 16U, the Board may require an on-site
					 inspection of the dentist's facility, equipment, personnel, and procedures. The
					 inspection shall be conducted in accordance with the rules and requirements of
					 this Subchapter applicable to the type of permit.
Authority
					 G.S.
					 90-28;
					 90-30.1;
Eff. February
					 1, 1990;
Amended Eff. January 1, 1994;
Transferred and
					 Recodified from 16Q .0403 to 16Q .0503;
Temporary Amendment Eff.
					 December 11, 2002;
Amended Eff. August 1, 2004;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff.
					 August 1, 2018;
Recodified from
					 21 NCAC
					 16Q .0503 Eff. November 9, 2020;
Amended Eff. July 1, 2022.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0100 - RENEWAL OF LICENSE › Section 16R .0102 - FEE FOR LATE FILING AND DUPLICATE LICENSE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If
				  the application for a renewal certificate, including all information and
				  documentation set out in Rule .0101 of this Subchapter and accompanied by the
				  renewal fees required by
				  21 NCAC
				  16M .0101, is not received in the Board's
				  office before midnight on January 31 of each year, an additional fee for late
				  renewal shall be charged as set out in
				  21 NCAC
				  16M .0101.
(b) A fee shall be charged for each duplicate
				  of any license or certificate issued by the Board as set out in
				  21 NCAC
				  16M .0101.
Authority
					 G.S.
					 90-31;
					 90-39;
Eff. April 1,
					 2003;
Amended Eff. July 1, 2015; February 1, 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff.
					 September 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0100 - RENEWAL OF LICENSE › Section 16R .0103-.0107

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
					 G.S.
					 90-31.1;
					 90-38;
Eff. May 1,
					 1994;
Amended Eff. Amended Eff. November 1, 2008; September 1,
					 2008; February 1, 2008; April 1, 2003; August 1, 2002; April 1, 2001; August 1,
					 1998.
Repealed Eff. July 1, 2015.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0100 - RENEWAL OF LICENSE › Section 16R .0108 - LICENSE VOID UPON FAILURE TO TIMELY RENEW

Current through Register Vol. 39, No. 2, July 15, 2024
If an application for a renewal certificate, including all
					 information and documentation set out in Rule .0101 of this Subchapter and
					 accompanied by the renewal and late filing fees required by
					 21 NCAC
					 16M .0101, is not received in the Board's
					 office before midnight on March 31 of each year, the license shall become void
					 and the applicant shall apply for reinstatement in accordance with
					 21 NCAC
					 16B .1101.
Authority
					 G.S.
					 90-31;
					 90-34;
Eff. July 1,
					 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff.
					 September 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0100 - RENEWAL OF LICENSE › Section 16R .0110 - RENEWAL CERTIFICATE MUST BE DISPLAYED

Current through Register Vol. 39, No. 2, July 15, 2024
The current certificate of renewal of license for a dentist
					 shall be posted where it is visible to patients receiving treatment in the
					 office where the dentist is employed, and shall be exhibited or produced to the
					 North Carolina State Board of Dental Examiners or its investigators during
					 every visit to the office.
Authority
					 G.S.
					 90-33;
Eff. July 1,
					 2015;
Amended Eff. August 1, 2016;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0201 - CONTINUING EDUCATION REQUIRED

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Except as permitted in Rule .0204 of this Section as a condition of license
				  renewal, every dentist shall complete a minimum of 15 clock-hours of continuing
				  education each calendar year.
(b)
				  For licensees who prescribe controlled substances, one hour of the total
				  required continuing education hours shall consist of a course designed to
				  address prescribing practices, including instruction on controlled substance
				  prescribing practices and controlled substance prescribing for chronic pain
				  management.
(c) Each applicant who
				  receives an Instructor's license or a license to practice general dentistry
				  after January 1, 2019, and who is actively engaged in the practice or teaching
				  of dentistry in North Carolina shall take a six-hour course in professionalism
				  and ethics in the first year that the applicant is required to meet the
				  continuing education requirements of Paragraph (a) of this Rule.
(1) The six-hour professionalism and ethics
				  course shall be included in the 15 clock-hour requirement of Paragraph (a) of
				  this Rule.
(2) The professionalism
				  and ethics Course shall include segments addressing coding and billing, record
				  keeping, informed consent, patient and staff boundaries, office management,
				  duties delegable to dental auxiliaries, the American Dental Association's Code
				  of Ethics, and professionalism.
(3)
				  A dentist who receives a variance or exemption from continuing education
				  requirements under
				  21 NCAC
				  16R .0204(a)(1),(3), or (4)
				  shall be exempt from taking the professionalism and ethics course until such
				  time as he or she resumes full practice. A dentist classified as a semi-retired
				  Class II dentist shall complete the professionalism and ethics
				  course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0202 - APPROVED COURSES AND SPONSORS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Courses allowed to satisfy the continuing education requirement shall be
				  related to clinical patient care. Hours devoted to financial issues or practice
				  development topics shall not be counted toward the continuing education
				  requirement. Hours spent reviewing dental journals, publications, or videos
				  shall not count toward fulfilling the continuing education requirement, with
				  the exception of self-study courses as described in Rule .0201 of this Section
				  offered by Board approved sponsors.
(b) Approved continuing education course
				  sponsors include:
(1) those recognized by the
				  Continuing Education Recognition Program of the American Dental
				  Association;
(2) the Academy of
				  General Dentistry;
(3) North
				  Carolina Area Health Education Centers;
(4) educational institutions with dental,
				  dental hygiene or dental assisting schools or departments;
(5) national, state, or local societies or
				  associations;
(6) local, state, or
				  federal governmental entities; and
(7) Federally Qualified Health
				  Centers.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0203 - REPORTING CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All
				  licensed dentists shall report the number of continuing education hours
				  completed annually on the license renewal application form submitted to the
				  Board. The organization offering or sponsoring each course shall provide to
				  each attendee a report containing the following information:
(1) course title;
(2) number of hours of instruction;
(3) date of the course attended;
(4) name(s) of the course instructor(s);
				  and
(5) name of the organization
				  offering or sponsoring the course.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0204 - EXEMPTION FROM AND CREDIT FOR CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Upon receipt of written evidence, the
				  Board will grant exemptions from the mandatory continuing education
				  requirements set out in Rules .0201 and .0206 of this Section as follows:
(1) A dentist who practices not more than 250
				  clock hours in a calendar year shall be classified as a semi-retired Class I
				  dentist, and shall:
(A) be exempt from the
				  requirement set out in Rule .0201(a) of this Section to complete 15 clock hours
				  of continuing education each calendar year;
(B) complete the course required in Rule
				  .0201(b) of this Section if the dentist prescribes controlled substances;
				  and
(C) maintain an unexpired CPR
				  certification.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0205 - PENALTY/NON-COMPLIANCE/CONTINUING EDUCATION

Current through Register Vol. 39, No. 2, July 15, 2024
If an applicant for a renewal of license fails to provide
					 proof of completion of reported continuing education hours for the current year
					 as required by Rule .0203 of this Section, the Board shall refuse to issue a
					 renewal certificate until the licensee completes the required hours of
					 education for the current year and complies with the requirements of Rules
					 21 NCAC
					 16R .0101 and
					 16R .0102. If an applicant applies
					 for credit for or exemption from continuing education hours and fails to
					 provide the required documentation upon request, the Board shall refuse to
					 issue a certificate of renewal until the applicant meets the qualifications for
					 exemption or credit. If an applicant fails to meet the qualifications for
					 renewal, including completing the required hours of continuing education and
					 delivering the required documentation to the Board's office before midnight on
					 March 31 of each year, the license shall become void and the licensee must seek
					 reinstatement.
Authority
					 G.S.
					 90-31.1;
Eff. July 1,
					 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter R - ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST › Section .0200 - CONTINUING EDUCATION › Section 16R .0206 - CONTINUING EDUCATION ON SUBSTANCE ABUSE AND MENTAL HEALTH

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every two calendar years, each dentist
				  shall complete one clock hour of continuing education on substance abuse and
				  mental health. To count toward this requirement, the course shall be:
(1) designed to address relevant issues for
				  dental professionals, including substance abuse, chemical dependency,
				  impairment, and mental health disorders; and
(2) offered by a Board-approved sponsor as
				  set out in Rule .0202(b) of this Section.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0100 - GENERAL › Section 16S .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The following definitions are applicable to impaired
					 dentist programs established in accordance with
					 G.S.
					 90-48.2:
(1) "Board" -- the North Carolina State Board
				  of Dental Examiners;
(2)
				  "Impairment" -- chemical dependency or mental illness;
(3) "Board of Directors" -- individuals
				  comprising the oversight panel consisting of representatives from the North
				  Carolina Dental Society, the Board, licensed dental hygienists, and the UNC
				  School of Dentistry established to function as a supervisory body to the North
				  Carolina Caring Dental Professionals;
(4) "Director" -- the person designated by
				  the Board of Directors to organize and coordinate the activities of the North
				  Carolina Caring Dental Professionals;
(5) "North Carolina Caring Dental
				  Professionals" -- the program established through agreements between the Board
				  and special impaired dentist peer review organizations formed by the North
				  Carolina Dental Society made up of Dental Society members designated by the
				  Society, the Board, a licensed dental hygienist upon recommendation of the
				  dental hygienist member of the Board, and the UNC School of Dentistry to
				  conduct peer review activities as provided in
				  G.S.
				  90-48.2(a).
(6) "North Carolina Caring Dental
				  Professionals members" -- the two hygienists appointed by the Dental Board and
				  volunteer Dental Society members selected by the Board of Directors from peer
				  review organizations to serve as parties to interventions, to direct impaired
				  dentists into treatment, and as monitors of those individuals receiving
				  treatment. Peer liaisons and volunteers participating in programs for impaired
				  dental hygienists shall be dental hygienists.
Authority
					 G.S.
					 90-48;
					 90-48.2;
					 90-48.3;
Eff. April 1,
					 1994;
Temporary Amendment Eff. August 20, 1999;
Amended
					 Eff. July 1, 2015; April 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0100 - GENERAL › Section 16S .0102 - BOARD AGREEMENTS WITH PEER REVIEW ORGANIZATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The Board may enter into agreements with special impaired
					 dentist peer review organizations, pursuant to
					 G.S.
					 90-48.2, to establish the North Carolina
					 Caring Dental Professionals to be supervised by the Board of Directors. Such
					 agreements shall provide for:
(1)
				  investigation, review and evaluation of records, reports, complaints,
				  litigation, and other information about the practice and practice patterns of
				  licensed dentists and dental hygienists as may relate to impaired dentists and
				  dental hygienists;
(2)
				  identification, intervention, treatment, referral, and follow up care of
				  impaired dentists and dental hygienists; and
(3) due process rights for any subject
				  dentist or dental hygienist.
Authority
					 G.S.
					 90-48;
					 90-48.2;
					 90-48.3;
Eff. April 1,
					 1994;
Temporary Amendment Eff. August 20, 1999;
Amended
					 Eff. July 1, 2015; April 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 16S .0201 - RECEIPT AND USE OF INFORMATION OF SUSPECTED IMPAIRMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Information concerning suspected
				  impairment may be received by the North Carolina Caring Dental Professionals
				  through any of the following sources:
(1)
				  reports of physicians, psychologists or counselors;
(2) reports from family members, staff or
				  other individuals;
(3)
				  self-referral; or
(4) referral by
				  the Board.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 16S .0202 - CONFIDENTIALITY

Current through Register Vol. 39, No. 2, July 15, 2024
Information received by the Program regarding voluntary
					 participants shall remain confidential and shall not be released to the Dental
					 Board or members of the public, except as set out in Rule .0203(b) of this
					 Section. Voluntary participants who meet the requirements of Rule .0203(b) of
					 this Section shall be reported to the Board along with evidence of the events
					 leading to the report. Informationreceived about participants referred to the
					 Program by the Board shall be exchanged with the Board or its
					 investigators.
Authority
					 G.S.
					 90-48;
					 90-48.2;
Eff. April 1,
					 1994;
Amended Eff. July 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 16S .0203 - INTERVENTION AND REFERRAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Following an investigation, if an impairment is determined to exist and
				  confirmed, an intervention shall be conducted using specialized techniques
				  designed to assist the dentist or dental hygienist in acknowledging
				  responsibility for dealing with the impairment. The dentist or dental hygienist
				  shall be referred to an appropriate treatment source.
(b) Following an investigation, intervention,
				  treatment, or upon receipt of a complaint or other information, a peer review
				  organization participating in the North Carolina Caring Dental Professionals
				  shall report to the Board detailed information about any dentist or dental
				  hygienist licensed by the Board, if it is determined that:
(1) the dentist or dental hygienist
				  constitutes an imminent danger to the public or himself or herself;
(2) the dentist or dental hygienist refuses
				  to cooperate with the program, refuses to submit to treatment, or is still
				  impaired after treatment and exhibits professional incompetence; or
(3) it reasonably appears that there are
				  other grounds for disciplinary action.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 16S .0204 - MONITORING TREATMENT

Current through Register Vol. 39, No. 2, July 15, 2024
A treatment source or facility receiving referrals from the
					 Program shall be continually monitored to determine its ability to
					 provide:
(1) adequate medical and
				  non-medical staffing;
(2)
				  appropriate treatment;
(3)
				  affordable treatment;
(4) adequate
				  facilities; and
(5) appropriate
				  post-treatment support.
Authority
					 G.S.
					 90-48;
					 90-48.2;
Eff. April 1,
					 1994;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter S - CARING DENTAL PROFESSIONALS PROGRAM › Section .0200 - GUIDELINES FOR PROGRAM ELEMENTS › Section 16S .0205 - MONITORING REHABILITATION AND PERFORMANCE AFTER TREATMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Program members shall monitor dentists
				  and dental hygienists following treatment. Testing for impairment shall be
				  conducted until rehabilitation has been accomplished.
(b) Treatment sources shall submit reports to
				  the Director concerning a dentist's or dental hygienist's rehabilitation and
				  performance.
(c) Impaired dentists
				  and dental hygienists shall submit to periodic personal interviews before the
				  Director or Program members designated by the Director; or, for those referred
				  to the Program by the Board, before the Board's agents. The frequency of
				  personal interviews shall be determined by the dentist's or dental hygienist's
				  ability to accomplish rehabilitation and adequately perform after
				  treatment.
(d) Complete records
				  shall be maintained by the Program on all dentists and dental hygienists
				  reporting for assistance, treatment, or monitoring and such records shall
				  remain confidential in accordance with
				  G.S.
				  90-48.2(e).
(e) The Program shall maintain statistical
				  information regarding impairment, to be reported to the Board periodically, but
				  no less than once a year.
(f) The
				  Program shall compile and report information periodically to the Board
				  regarding investigations, reports, complaints, intervention, treatment,
				  referral, rehabilitation and follow up care of impaired dentists and dental
				  hygienists. Such reports shall not identify the subject dentist or dental
				  hygienist unless the dentist or dental hygienist was referred by the Board or a
				  determination under Rule .0203(b) of this Section has been made.
Authority
					 G.S.
					 90-48;
					 90-48.2;
Eff. April 1,
					 1994;
Temporary Amendment Eff. August 20, 1999;
Amended
					 Eff. April 1, 2001;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter T - PATIENT RECORDS › Section .0100 - PATIENT RECORDS › Section 16T .0101 - RECORD CONTENT

Current through Register Vol. 39, No. 2, July 15, 2024
A dentist shall maintain treatment records on all patients
					 for a period of 10 years from the last treatment date, except that work orders
					 must only be maintained for a period of two years. Treatment records may
					 include such information as the dentist deems appropriate but shall
					 include:
(1) the patient's full name,
				  address, and treatment dates;
(2)
				  the patient's emergency contact or responsible party;
(3) a current health history;
(4) the diagnosis of condition;
(5) the treatment rendered and by
				  whom;
(6) the name and strength of
				  any medications prescribed, dispensed, or administered along with the quantity
				  and date provided;
(7) the work
				  orders issued;
(8) the treatment
				  plans for patients of record, except that treatment plans are not required for
				  patients seen only on an emergency basis;
(9) the diagnostic radiographs, orthodontic
				  study models, and other diagnostic aids, if taken;
(10) the patient's financial records and
				  copies of all insurance claim forms;
(11) the rationale for prescribing each
				  narcotic; and
(12) A written record
				  that the patient gave informed consent consistent with Rule .0103 of this
				  Section.
Authority
					 G.S.
					 90-28;
					 90-48;
Eff. October 1,
					 1996;
Amended Eff. May 1, 2016; July 1, 2015;
Readopted
					 Eff. January 1, 2019.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter T - PATIENT RECORDS › Section .0100 - PATIENT RECORDS › Section 16T .0102 - TRANSFER OF RECORDS UPON REQUEST

Current through Register Vol. 39, No. 2, July 15, 2024
A dentist shall, upon request by the patient of record,
					 provide all information required by the Health Insurance Portability and
					 Accountability Act (HIPAA) and this Rule, including original or diagnostic
					 copies of radiographs and a legible copy of all treatment records to the
					 patient or to a licensed dentist identified by the patient. The dentist may
					 charge a fee not exceeding the actual cost of duplicating the records. The
					 records shall be provided within 30 days of the request and production shall
					 not be contingent upon current, past or future dental treatment or payment of
					 services.
Authority
					 G.S.
					 90-28;
					 90-48;
Eff. October 1,
					 1996;
Amended Eff. July 1, 2015; April 1, 2014; November 1,
					 2008;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter T - PATIENT RECORDS › Section .0100 - PATIENT RECORDS › Section 16T .0103 - INFORMED CONSENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To obtain
				  informed consent to a specific procedure or treatment to be provided, the
				  dentist shall discuss with a patient or other person authorized by the patient
				  or by law to give informed consent on behalf of the patient, prior to any
				  treatment or procedure, information sufficient to permit the patient or
				  authorized person to understand:
(1) the
				  condition to be treated;
(2) the
				  specific procedures and treatments to be provided;
(3) the anticipated results of the procedures
				  and treatments to be provided;
(4)
				  the risks and hazards of the procedures or treatments to be provided that are
				  recognized by dentists engaged in the same field of practice;
(5) the risks of foregoing the proposed
				  treatments or procedures; and
(6)
				  alternative procedures or treatment options;
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0100 - PROCEDURES › Section 16U .0101 - SECRETARY-TREASURER

Current through Register Vol. 39, No. 2, July 15, 2024
The Board's Secretary-Treasurer or another Board member
					 appointed by the Secretary-Treasurer shall supervise and direct investigations
					 of acts or practices that might violate the provisions of the Dental Practice
					 Act, the Dental Hygiene Act or the Board's Rules. The Secretary-Treasurer or
					 other Board member appointed by the Secretary-Treasurer in consultation with
					 the Investigative Panel, shall determine whether cases involving licensees,
					 interns or applicants for licenses or permits shall be set for hearing or
					 settlement conference and recommend to the Board dispositions of cases that are
					 not set for hearing or settlement conference.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-231;
Eff. October
					 1, 1996;
Amended Eff. July 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0100 - PROCEDURES › Section 16U .0102 - INVESTIGATIVE PANEL

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary-Treasurer or another Board member appointed
					 by the Secretary-Treasurer shall chair the Investigative Panel. The Board's
					 Counsel, Director of Investigations, Investigators and other staff members
					 appointed by the Secretary-Treasurer shall serve on the Panel. The
					 Investigative Panel shall conduct investigations and prepare and present the
					 Board's case in all reinstatement cases, and disciplinary proceedings and in
					 civil actions to enjoin the unlawful practice of dentistry.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-231;
					 150B-40;
Eff.
					 October 1, 1996;
Amended Eff. July 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0100 - PROCEDURES › Section 16U .0103 - REPORTS FROM THE CONTROLLED SUBSTANCES REPORTING SYSTEM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Pursuant to
				  G.S.
				  90-113.74(b1)(2), the
				  Department of Health and Human Services (DHHS) may report to the Board
				  information regarding the prescribing practices of those dentists who have
				  issued:
(1) at least 10 prescriptions for an
				  opioid with at least 75 morphine milligram equivalents per day;
(2) a benzodiazepine and an opioid to at
				  least five patients where the patient's prescriptions overlap for at least two
				  days; or
(3) at least five
				  "atypical prescriptions," which is defined as either:
(A) medications classified as a stimulant,
				  muscle relaxant, or hypnotic; or
(B) at least 120 doses of an opioid or
				  benzodiazepine.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0200 - COMPLAINTS › Section 16U .0201 - PROCESSING

Current through Register Vol. 39, No. 2, July 15, 2024
Licensees shall be notified of patient complaints against
					 them and given an opportunity to respond except:
(1) In cases requiring emergency action for
				  the protection of the public health, safety or welfare; or
(2) In cases where notification may
				  jeopardize the preservation or procurement of relevant evidence.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-231;
					 150B-41;
Eff.
					 October 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0200 - COMPLAINTS › Section 16U .0202 - DISPOSITION

Current through Register Vol. 39, No. 2, July 15, 2024
The Secretary-Treasurer or other Board member chairing the
					 Investigative Panel shall direct one or more of the following dispositions of
					 each complaint or other investigation:
(1) Submission to the Board with a
				  recommendation to dismiss with no action;
(2) Submission to the Board with a
				  recommendation to resolve by consent;
(3) Scheduling for pre-hearing conference
				  with the Investigative Panel;
(4)
				  Scheduling for settlement conference with the Board; or
(5) Scheduling, with appropriate notice, for
				  contested case hearing.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-229;
					 90-231;
					 150B-38;
					 150B-41;
Eff.
					 October 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0200 - COMPLAINTS › Section 16U .0203 - PRE-HEARING CONFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A pre-hearing
				  conference shall not be conducted unless the Respondent agrees to
				  participate.
(b) A pre-hearing
				  conference shall be conducted before the Investigative Panel. At the
				  pre-hearing conference, a Board investigator shall summarize the circumstances
				  of the investigation. The Respondent shall have an opportunity to respond and
				  to submit documentation. The pre-hearing conference shall not be recorded nor
				  open to the public.
(c) Following
				  the pre-hearing conference, the Respondent shall be advised in writing of the
				  proposal for disposition of the matter by the Board member presiding over the
				  pre-hearing conference. If the Board member presiding over the pre-hearing
				  conference deems sanctions are appropriate, a Consent Order or letter of
				  reprimand shall be proposed. Should the Respondent accept the terms, the
				  proposed Consent Order or letter of reprimand must be approved by the full
				  Board. Should the Respondent reject the terms of a proposed Consent Order or
				  letter of reprimand, the Board member presiding over the pre-hearing conference
				  shall direct disposition of the matter under Rule .0202 of this
				  Subchapter.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-229;
					 90-231;
					 150B-41;
Eff.
					 October 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter U - INVESTIGATIONS › Section .0200 - COMPLAINTS › Section 16U .0204 - SETTLEMENT CONFERENCES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A settlement
				  conference shall not be conducted unless the Respondent agrees to participate
				  and to waive any objection to the Board being exposed to a forecast of the
				  evidence.
(b) A settlement
				  conference shall be conducted before the Board or a panel of the Board
				  appointed by the President. At the settlement conference, a Board investigator
				  shall summarize the circumstances of the investigation and present a forecast
				  of the Board's evidence. The Respondent shall have an opportunity to forecast
				  his or her evidence. Forecasts of the evidence may be presented orally or in
				  writing and exhibits may be presented. Witnesses may forecast their own
				  testimony but shall not be sworn nor cross-examined. The settlement conference
				  shall not be recorded nor open to the public. The allowed time for initial
				  presentations shall be agreed upon by counsel ten days prior to the conference,
				  subject to approval by the presiding Board member.
(c) If the Board deems sanctions are
				  appropriate, a Consent Order or letter of reprimand shall be proposed. Should
				  the Respondent reject the terms of the Consent Order or letter of reprimand, a
				  contested case hearing may be scheduled.
Authority
					 G.S.
					 90-28;
					 90-41;
					 90-41.1;
					 90-48;
					 90-223;
					 90-229;
					 90-231;
					 150B-41;
Eff.
					 October 1, 1996;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9,
					 2018.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter W - PUBLIC HEALTH HYGIENISTS › Section .0100 - PUBLIC HEALTH HYGIENISTS › Section 16W .0101 - DIRECTION DEFINED

Current through Register Vol. 39, No. 2, July 15, 2024
(a) A public health
				  hygienist may perform clinical procedures under the direction of a licensed
				  dentist, as defined by
				  21 NCAC
				  16A .0101(9), and in
				  accordance with
				  G.S.
				  90-233(a).
(b) The specific clinical procedures
				  delegated to the hygienist shall be completed, in accordance with a written
				  order from the dentist, within 270 days of the dentist's in-person evaluation
				  of the patient.
(c) The dentist's
				  evaluation of the patient shall include a comprehensive oral examination,
				  medical and dental health history, and diagnosis of the patient's
				  condition.
(d) A public health
				  hygienist may provide educational information, such as instruction in brushing
				  and flossing, without the direction of a licensed dentist.
Authority
					 G.S.
					 90-223;
					 90-233(a);
Temporary Adoption Eff. October 1, 1999;
Eff. April 1,
					 2001;
Amended Eff. April 1, 2016; July 1, 2015;
Pursuant to
					 G.S.
					 150B-21.3A, rule is necessary without
					 substantive public interest Eff. January 9, 2018;
Amended Eff.
					 February 1, 2020.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter W - PUBLIC HEALTH HYGIENISTS › Section .0100 - PUBLIC HEALTH HYGIENISTS › Section 16W .0102 - TRAINING FOR PUBLIC HEALTH HYGIENISTS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Prior
				  to performing clinical procedures pursuant to
				  G.S.
				  90-233(a) under the
				  direction of a licensed dentist, a public health hygienist shall have:
(1) five years of experience in clinical
				  dental hygiene;
(2) unexpired CPR
				  certification, taken in a live hands-on course;
(3) six hours of continuing education in
				  medical emergencies each year in addition to the minimum continuing education
				  required for license renewal; and
(4) other training as may be required by the
				  Oral Health Section of the Department of Health and Human Services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter W - PUBLIC HEALTH HYGIENISTS › Section .0100 - PUBLIC HEALTH HYGIENISTS › Section 16W .0103 - TRAINING FOR PUBLIC HEALTH HYGIENISTS PERFORMING PREVENTIVE PROCEDURES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public health hygienists who provide only
				  educational and preventive procedures such as application of fluorides,
				  fluoride varnishes, and oral screenings, and not clinical procedures, shall be
				  subject to the training provisions set out in Paragraph (b) of this Rule
				  instead of the training provisions required by
				  21 NCAC
				  16W .0102.
(b) A public health hygienist may perform
				  preventive procedures as set out in Paragraph (a) of this Rule under the
				  direction of a duly licensed public health dentist if the hygienist:
(1) maintains CPR certification;
				  and
(2) completes such other
				  training as may be required by the Oral Health Section of the Department of
				  Health and Human Services.
North Carolina Administrative Code › Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS › Chapter 16 - DENTAL EXAMINERS › Subchapter W - PUBLIC HEALTH HYGIENISTS › Section .0100 - PUBLIC HEALTH HYGIENISTS › Section 16W .0104 - DENTAL ACCESS SHORTAGE AREAS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Public
				  health hygienists who are practicing under Rule .0101(a) of this Section and
				  who perform procedures in public schools, nursing homes, rest homes, long-term
				  care facilities, and rural and community clinics provided through federal,
				  State, county, or local governments in areas identified by the Office of Rural
				  Health in the Department of Health and Human Services as dental access shortage
				  areas may:
(1) perform clinical hygiene
				  procedures as described in
				  G.S.
				  90-221 under the direction of a dentist based
				  on a written standing order, rather than an in-person evaluation by the dentist
				  as set forth in Rule .0101(c) of this Section; and
(2) supervise a Dental Assistant who assists
				  the public health hygienists in the procedures described in Subparagraph (a)(1)
				  of this Rule. For purposes of this Rule, Dental Assistant means any person
				  classified as a Dental Assistant II or permitted to perform functions of a
				  Dental Assistant II pursuant to
				  21 NCAC
				  16H .0104(a) or
				  (b).