Bill Summaries: S 382 DENTAL PRACTICE ACT CHANGES.

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  • Summary date: Jun 14 2023 - View Summary

    House committee substitute to the 1st edition makes the following changes.

    Further amends GS 90-29(c)(4) (pertaining to exemption to bar on unlicensed dentistry for dental services performed in dental schools or colleges) to allow the practice of dentistry by students at long-term care facilities, group care home programs, State-operated facilities with resident populations, hospitals, State or county health departments, Area Health Education Centers, Federally Qualified Health Centers, and other nonprofit healthcare organizations recommended by the State Health Director or the Director's designee (was, students at State or county institutions with resident populations, hospitals, State or county health departments, area health education centers, nonprofit health care facilities serving low-income populations and approved by the State Health Director or the Director's designee and approved by the Board of Dental Examiners (Board), and State- or county-owned nursing homes), subject to the already specified review process, under the required supervision, and performed without payment except for expenses and subsistence.

    Amends GS 90-41 by providing that failure to comply with any order issued when an individual is unable to practice dentistry due to illness; drunkenness; excessive alcohol, drug, chemical, or other use or due to any physical or mental abnormality is considered unprofessional conduct (was, unprofessional conduct under subdivision (a)(26) of the statute, which allows disciplinary action to be taken when an individual has engaged in any unprofessional conduct as defined by the rules and regulations of the Board).

    Amends GS 90-229 by expanding upon the instances in which the Board may refuse to issue a license to practice or a certificate of renewal to practice dental hygiene, revoke or suspend a license to practice dental hygiene, or invoke other disciplinary measures, censure, or probative terms, to include when the applicant or licensee is unable to practice dental hygiene with reasonable skill and safety to patients by reason of illness; drunkenness; excessive use of alcohol, drugs, chemicals, or any other type of material or by reason of any physical or mental abnormality. Allows the Board to require an applicant or licensee to submit to a mental or physical examination or mental examinations during the pendency of a license application and before or after charges may be presented against the applicant or licensee, and allows the results of the exam to be admissible in evidence in a hearing before the Board. Considers failure to comply with an order under this provision as unprofessional conduct.

    Amends GS 90-414 by removing dentists from the individuals who must begin submitting demographic and clinical data through the HIE Network by January 1, 2023, and instead makes their participation in the HIE Network voluntary.


  • Summary date: Mar 28 2023 - View Summary

    Amends GS 90-29.5(a) (pertaining to dentistry instructor licenses for persons not licensed to practice dentistry in the State but who are licensed in other states, countries, or territories) to require applicants without State dental licenses to have met the credentialing standards of a dental school or academic medical center where they have been affiliated for at least 36 months or three calendar years, in addition to other requirements for out-of-state applicants for an instructor’s license in the State. Specifies that if the applicant seeking an instructor’s license only performs research at the affiliated dental school or academic medical center then the 36-month credentialing requirement does not apply.  Amends GS 90-30 to allow clinical examinations required of applicants for a license to practice dentistry to include procedures performed on simulated human subjects, such as manikins, rather than human subjects only as currently required.  Amends GS 90-29(c)(4) (pertaining to exemption to bar on unlicensed dentistry for dental services performed in dental schools or colleges) to allow students  enrolled in dental schools or colleges located out-of-state and approved by the Board of Dentistry (Board) to perform clinical services and other services consistent with this subdivision as interns or externs, if the student submits to the Board written permission from the dean of their dental school or college and a written supervision agreement with a dentist licensed to practice dentistry in this State.

    Amends GS 90-36 to distinguish and revise the qualifications for a dentist to receive a license by credentials by way of either holding an instructor's license or graduating from a specified dental school. Now requires applicants who hold a current instructor's license to have held the license for at least two years prior to applying, and have been engaged in the teaching and practice of clinical dentistry for a minimum of 2,000 hours in the two years immediately preceding the date of application (previously, only required to hold a current instructor's license). Now exempts applicants for licensing by credentials who hold an instructor's license and meet these new requirements from the qualification to have five years of experience practicing pursuant to subdivision (c)(1). Requires those qualifying by graduating with a dental degree to have graduated from a school or college accredited by the US Department of Education (was, accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the NC Board of Dental Examiners). 

    Amends GS 90-33 (pertaining to display of license and certificates of renewal) to require dentists to display their license/certificates of renewal prominently in a conspicuous place in their primary office. Requires dentists practicing in more than one office location to display a current renewal certificate in each office not designated as the primary office.  (Was, just primary office.) Makes technical changes. 

    Amends GS 90-41 (pertaining to disciplinary action) to add instances when a license applicant or licensee is unable to practice dentistry with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of alcohol, drugs, chemical or any other type of material or by reason of any physical or mental abnormality as grounds for disciplinary action. Empowers the Board to require an applicant or licensee to submit to a mental or physical examination in connection with the charges. Specifies that failure to comply with an order for physical or mental examination may be considered unprofessional conduct, which is further grounds for disciplinary grounds.

    Effective October 1, 2023.