NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 756

SENATE BILL 676

 

 

AN ACT TO AMEND ARTICLE 16 OF CHAPTER 90 OF THE GENERAL STATUTES OF NORTH CAROLINA RELATIVE TO THE PRACTICE OF DENTAL HYGIENE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 90-221(a) and (b) are rewritten to read as follows: "(a) 'Dental hygiene' as used in this Article shall mean the performance of the following functions: Complete oral prophylaxis, application of preventive agents to oral structures, exposure and processing of radiographs, administration of medicaments prescribed by a licensed dentist, preparation of diagnostic aids, and written records of oral conditions for interpretation by the dentist, together with such other and further functions as may be permitted by rules and regulations of the Board not inconsistent herewith.

(b)        'Dental hygienist' as used in this Article, shall mean any person who is a graduate of a Board-accredited school of dental hygiene, who has been licensed by the Board, and who practices dental hygiene as prescribed by the Board."

Sec. 2.  G.S. 90-223 is rewritten to read as follows:

"§ 90-223.  Power and duties of Board. — (a) The Board is authorized and empowered to:

(1)        conduct examinations for licensure,

(2)        issue licenses and provisional licenses,

(3)        issue annual renewal certificates, and

(4)        renew expired licenses.

(b)        The Board shall have the authority to make or amend rules and regulations not inconsistent with this Article governing the practice of dental hygiene and the granting, revocation and suspension of licenses and provisional licenses of dental hygienists.

(1)        The accepted rule change must be (i) filed with the appropriate state agency, the Secretary of State and (ii) a copy distributed to the licensed dentists and dental hygienists within 30 days of final approval by the Board.

(2)        The Board shall issue every two years a compilation or supplement of the Dental Hygiene Act and the Board rules and regulations, and, upon written request therefor, a directory of dental hygienists to each licensed dentist and dental hygienist.

(c)        The Board shall keep on file in its office at all times a complete record of the names, addresses, license numbers and renewal certificate numbers of all persons entitled to practice dental hygiene in this State."

Sec. 3.  G.S. 90-224 is rewritten to read as follows:

"§ 90-224.  Examination. — (a) The applicant for licensure must be of good moral character, have graduated from an accredited high school or hold a high school equivalency certificate duly issued by a governmental agency or unit authorized to issue the same, and be a graduate of a program of dental hygiene in a school or college approved by the Board.

(b)        The Board shall have the authority to establish in its rules and regulations:

(1)        the form of application;

(2)        the time and place of examination;

(3)        the type of examination;

(4) the qualifications for passing the examination."

Sec. 4.  G.S. 90-225 is rewritten to read as follows:

"§ 90-225.  License issue and display. — (a) The Board shall issue licenses to examinees who pass the Board's examination.

(b)        The Board shall determine:

(1)        the method and time of notifying successful candidates,

(2)        the time and form for issuing licenses, and

(3)        the place license must be displayed."

Sec. 5.  Article 16 of Chapter 90 of the General Statutes is hereby amended by adding a new G.S. 90-226 to read as follows:

"§ 90-226.  Provisional license. — (a) The North Carolina State Board of Dental Examiners shall, subject to its rules and regulations, issue a provisional license to practice dental hygiene to any person who is licensed to practice dental hygiene anywhere in the United States, or in any country, territory or other recognized jurisdiction, if the Board shall determine that said licensing jurisdiction imposed upon said person requirements for licensure no less exacting than those imposed by this State. A provisional licensee may engage in the practice of dental hygiene only in strict accordance with the terms, conditions and limitations of her license and with the rules and regulations of the Board pertaining to provisional license.

(b)        A provisional license shall be valid until the date of the announcement of the results of the next succeeding Board examination of candidates for licensure to practice dental hygiene in this State, unless the same shall be earlier revoked or suspended by the Board.

(c)        No person who has failed an examination conducted by the North Carolina State Board of Dental Examiners shall be eligible to receive a provisional license.

(d)        Any person desiring to secure a provisional license shall make application therefor in the manner and form prescribed by the rules and regulations of the Board and shall pay the fee prescribed in G.S. 90-231.

(e)        A provisional licensee shall be subject to those various disciplinary measures and penalties set forth in G.S. 90-229 upon a determination of the Board that said provisional licensee has violated any of the terms or provisions of this Article."

Sec. 6.  G.S. 90-226 is rewritten and renumbered as G.S. 90-227 to read as follows:

"§ 90-227.  Renewal certificates. — (a) The Board shall issue annual renewal certificates to licensed dental hygienists.

(b)        The Board shall have the authority to establish in its rules and regulations:

(1)        the form of application for renewal certificates;

(2)        the time the application must be submitted;

(3)        the type of certificate to be issued;

(4)        how the certificate must be displayed;

(5)        the penalty for late application;

(6)        the automatic loss of license if applications are not submitted."

Sec. 7.  G.S. 90-227 is rewritten and renumbered as G.S. 90-228, to read as follows:

"§ 90-228.  Renewal of license. — The Board shall have the authority to renew the license of a dental hygienist who fails to obtain a renewal certificate for any year provided she

(1)        makes application for a renewal of license and

(2)        meets the qualifications established by the Board."

Sec. 8.  G.S. 90-228 is rewritten and renumbered as G.S. 90-229, to read as follows:

"§ 90-229.  Disciplinary measures. — (a) The North Carolina State Board of Dental Examiners shall have the power and authority to

(i)         Refuse to issue a license to practice dental hygiene;

(ii)        Refuse to issue a certificate of renewal to practice dental hygiene;

(iii)       Revoke or suspend a license to practice dental hygiene;

(iv)       Invoke such other disciplinary measures, censure or probative terms against a licensee as it deems proper;

in any instance or instances in which the Board is satisfied that such applicant or licensee:

(1)        Has engaged in any act or acts of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal thereof;

(2)        Has been convicted of any of the criminal provisions of this Article or has entered a plea of guilty or nolo contendere to any charge or charges arising therefrom;

(3)        Has been convicted of or entered a plea of guilty or nolo contendere to any felony charge or to any misdemeanor charge involving moral turpitude;

(4)        Is a chronic or persistent user of intoxicants, drugs or narcotics to the extent that the same impairs her ability to practice dental hygiene;

(5)        Is incompetent in the practice of dental hygiene;

(6)        Has engaged in any act or practice violative of any of the provisions of this Article or violative of any of the rules and regulations promulgated and adopted by the Board, or has aided, abetted or assisted any other person or entity in the violation of the same;

(7)        Has practiced any fraud, deceit or misrepresentation upon the public or upon any individual in an effort to acquire or retain any patient or patients;

(8)        Has made fraudulent or misleading statements pertaining to her skill, knowledge, or method of treatment or practice;

(9)        Has committed any fraudulent or misleading acts in the practice of dental hygiene;

(10)      Has, in the practice of dental hygiene, committed an act or acts constituting malpractice;

(11)      Has employed a person not licensed in this State to do or perform any act or service, or has aided, abetted or assisted any such unlicensed person to do or perform any act or service which cannot lawfully be done or performed by such person;

(12)      Has engaged in any unprofessional conduct as the same may be from time to time, defined by the rules and regulations of the Board;

(13)      Is mentally, emotionally, or physically unfit to practice dental hygiene or is afflicted with such a physical or mental disability as to be deemed dangerous to the health and welfare of patients. An adjudication of mental incompetency in a court of competent jurisdiction or a determination thereof by other lawful means shall be conclusive proof of unfitness to practice dental hygiene unless or until such person shall have been subsequently lawfully declared to be mentally competent,

(b)        As used in this section the term "licensee" includes licensees and provisional licensees and the term 'license' includes licenses and provisional licenses."

Sec. 9.  G.S. 90-229 as the same appears in 1965 Replacement Volume 2C of the General Statutes of North Carolina is hereby repealed.

Sec. 10.  Article 16 of Chapter 90 of the General Statutes is hereby amended by adding a new section thereto numbered as G.S. 90-230 to read as follows:

"§ 90-230.  Certificate upon transfer to another state. — Any dental hygienist duly licensed by the North Carolina State Board of Dental Examiners, desiring to move from North Carolina to another state, territory or foreign country, if a holder of a certificate of renewal of license from said Board, upon application to said Board and the payment to it of the fee in this Article provided, shall be issued a certificate showing her full name and address, the date of license originally issued to her, the date and number of her renewal of license, and whether any charges have been filed with the Board against her. The Board may provide forms for such certificate, requiring such additional information as it may determine proper."

Sec. 11.  G.S. 90-230 is rewritten and renumbered as G.S. 90-231 to read as follows:

"§ 90-231.  Opportunity for licensee or applicant to have hearing. — (a) With the exception of applicants for reinstatement after revocation, every applicant for a license or provisional license to practice dental hygiene or licensee or provisional licensee to practice dental hygiene shall after notice have an opportunity to be heard before the North Carolina State Board of Dental Examiners shall take any action the effect of which would be:

(1)        To deny permission to take an examination for licensing for which application has been duly made; or

(2)        To deny a license after examination for any cause other than failure to pass an examination; or

(3)        To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee; or

(4)        To suspend a license; or

(5)        To revoke a license; or

(6)        To revoke or suspend a provisional license; or

(7)        To invoke any other disciplinary measures, censure or probative terms against a licensee or provisional licensee,

such proceedings to be conducted in accordance with the provisions of Chapter 150 of the General Statutes of North Carolina.

(b)        In lieu of or as a part of such hearing and subsequent proceedings the Board is authorized and empowered to enter any consent order relative to the discipline, censure, or probation of a licensee, provisional licensee or an applicant for a license or provisional license, or relative to the revocation or suspension of a license or provisional license.

(c)        Following the service of the notice of hearing as required by Chapter 150, the Board and the person upon whom such notice is served shall have the right to conduct adverse examinations, take depositions, and engage in such further discovery proceedings as are permitted by the laws of this State in civil matters. The Board is hereby authorized and empowered to issue such orders, commissions, notices, subpoenas, or other process as might be necessary or proper to effect the purposes of this subsection; provided, however, that no member of the Board shall be subject to examination hereunder."

Sec. 12.  G.S. 90-231 is rewritten and renumbered as G.S. 90-232 to read as follows:

"§ 90-232.  Fees. — In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina State Board of Dental Examiners, it is authorized to charge and collect fees established by its rules and regulations not exceeding the following:

(1)        Each applicant for examination                                            $50.00

(2)        Each renewal certificate, which fee shall

be annually fixed by the Board and not

later than November 30 of each year

it shall give written notice of the amount

of the renewal fee to each dental

hygienist licensed to practice in this

State by mailing Such notice to the last

address of record with the Board of each

such dental hygienist                                                            $35.00

(3)        Each restoration of license                                                   $35.00

(4)        Each provisional license                                                      $35.00

(5)        Each certificate of license to a resident

dental hygienist desiring to change to

another state or territory.                                                     $15.00

All fees shall be payable in advance to the Board and shall be disposed of by the Board in the discharge of its duties under this Article."

Sec. 13.  G.S. 90-232 is rewritten and renumbered as G.S. 90-233 to read as follows:

"§ 90-233.  Practice of dental hygiene. — (a) A dental hygienist may practice only under the direct supervision of one or more licensed dentists. Provided, however, that this subsection (a) shall be deemed to be complied with in the case of dental hygienists employed by the State of North Carolina in the Division of Dental Health of the State Board of Health and especially trained by said division as public health dental hygienists while performing their duties within the public schools of the State under the direction of a duly licensed dentist.

(b)        A dentist in private practice may not employ more than one dental hygienist at one and the same time except when permitted to do so by the rules and regulations of the Board.

(c)        Dental hygiene may be practiced only by the holder of a license or provisional license currently in effect and duly issued by the Board. The following acts, practices, functions or operations, however, shall not constitute the practice of dental hygiene within the meaning of this Article:

(1)        The teaching of dental hygiene in a school or college approved by the Board in a Board-approved program by an individual licensed as a dental hygienist in any state in the United States.

(2)        Activity which would otherwise be considered the practice of dental hygiene performed by students enrolled in a school or college approved by the Board in a Board-approved dental hygiene program under the direct supervision of a dental hygienist or a dentist duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of G.S. 90-29(c)(3), acting as an instructor.

(3)        Any act or acts performed by an assistant to a dentist licensed to practice in this State when said act or acts are authorized and permitted by and performed in accordance with rules and regulations promulgated by the Board.

(4)        Dental assisting and related functions as a part of their instructions by students enrolled in a course in dental assisting conducted in this State and approved by the Board, when such functions are performed under the supervision of a dentist acting as a teacher or instructor who is either duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of G.S. 90-29(c)(3)."

Sec. 14.  G.S. 90-233 is renumbered as G.S. 90-234.

Sec. 15.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 5th day of July, 1971.