All Roll Calls
Yes: 139 • No: 1
North DakotaSB 22172025 Regular SessionSenateWALLET
AN ACT to create and enact a new section to chapter 43-20 and a new section to chapter 43-28 of the North Dakota Century Code, relating to volunteer licenses; and to amend and reenact sections 43-20-01.1, 43-20-01.2, 43-20-01.3, 43-20-01.4, 43-20-03, 43-20-05, 43-20-12, 43-20-12.3, 43-20-13, 43-20-13.1, and 43-20-13.2, subsection 6 of section 43-28-02, section 43-28-03, subsection 5 of section 43-28-04, sections 43-28-05, 43-28-06, 43-28-08, 43-28-11, 43-28-13, 43-28-15, 43-28-16.2, and 43-28-18, subsection 1 of section 43-28-18.1, and sections 43-28-18.2 and 43-28-18.3 of the North Dakota Century Code, relating to the licensing and practice of dental hygienists and dentists, and the board of dental examiners.
Sponsored By: Sean Cleary (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
11 provisions identified: 3 benefits, 2 costs, 6 mixed.
Dental penalties include fines and costs
The board can fine a person up to $5,000 for each violation of the covered disciplinary law. Collected fines go to the state general fund. The board can also charge covered licensees or registrants reasonable, actual disciplinary investigation and proceeding costs, including attorney and hearing costs. Unpaid costs can lead to suspension, but affected people have 30 days after an agreement, order, or decision to request a cost hearing. A requested hearing must happen before suspension for nonpayment, and an administrative law judge can approve or change the costs.
Easier applications for dental professionals
Dental and dental hygiene applicants no longer need to apply 30 days before a board meeting. They still need board forms, verification under oath, a recent signed photo, and an application fee. Out-of-state hygienists also lose the 30-day filing deadline before the board exam. They still need three years of immediately preceding licensed practice in good standing, the state law exam, and other required qualifications. Another licensing path lets out-of-state dentists qualify through good standing, an approved hand-skills test, and substantially similar qualifications, education, and experience.
Dental professionals face stricter safety duties
Dentists, covered hygienists, and qualified or registered assistants face expanded grounds for denial or discipline. Grounds include disabilities that materially impair competent work, substance use that prevents safe work, investigation noncooperation, and contracted-program violations. Dentists must respond promptly, truthfully, and completely during investigations and report arrests or criminal charges in writing within 60 days. Dentists also face discipline for specified patient-record failures and inadequate clinical records. Records must be released within a reasonable time; otherwise, within 10 days of the request, dentists must explain the delay and give an expected release date.
Longer dental renewals with late fees
Dentist and hygienist licenses expire December 31 in odd-numbered years; dental assistant registrations expire December 31 in even-numbered years. Renewal requires an application, renewal fee, and proof of continuing education. Late renewal within 60 days adds a late fee; days 61 through one year require twice that late fee. The board can also request proof of retained skills during the later window. After one year, holders generally must reapply and meet licensing or registration requirements; the board can extend deadlines for hardship. Continuing-education records must be kept three years and shown during audits; failure can lead to nonrenewal or discipline.
More dental workers can apply fluoride
Dental hygienists and assistants can apply fluoride varnish without registration for this work. They must first complete board-approved training. A physician or licensed dentist must provide direct or general supervision.
Volunteer licenses for dentists and hygienists
The dental board can issue volunteer licenses to dentists and dental hygienists. Applicants must have previously held a North Dakota license or hold an out-of-state license in good standing. The board can set rules governing these licenses.
Dental board can set credential fees
The dental board can create or change fees through rules for dental and dental hygiene credentials and renewals. These fees are not counted as new fees under the state's statutory fee-limit rule. The law sets no dollar amounts or required increases.
Returning dentists must notify the board
Dentists who have not practiced within five years of licensure must notify the board in writing before practicing in North Dakota. The notice rule also covers holders of a dental-practice privilege. After investigating, the board can reexamine their qualifications. Failure to give notice is grounds for discipline.
Broader oversight of dental credentials
Dental board members must keep meeting their appointment qualifications throughout their terms. The board's authority now covers licenses, registrations, permits, credentials, and endorsements across dental professions. It can issue, limit, suspend, revoke, cancel, restrict, or restore them. These actions must rest on grounds allowed by law or board rules.
Dental oversight records gain privacy protections
The dental board can create an alternative-to-discipline program through the professional organization used by the state medical board. Program records and participant identities are exempt from public disclosure. The board can disclose them for public protection, by court order, or as it otherwise determines. Separately, complaints, responses, and investigation records are exempt from public disclosure until the board decides to pursue discipline.
Board rules guide dental team duties
Dentists can assign procedures to competent hygienists and assistants under board supervision rules, while keeping full responsibility. Hygienists cannot receive delegated work requiring diagnosis, treatment planning, or cutting hard or soft tissue. The law removes a specific exclusion for certain mouth-appliance procedures and lets the board authorize additional hygienist tasks. Board registration rules cover registered, qualified, anesthesia, and limited-radiology assistants, plus related permits and credentials. Limited-radiology registrants can take dental X-rays and perform assistant duties under dentist supervision.
Sponsors & Cosponsors
Sponsor
Sean Cleary
Republican • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 3/19/2025
Second reading, passed, yeas 92 nays 1
Yes: 92 • No: 1
Senate vote • 2/24/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
Actions Timeline
Filed with Secretary Of State 03/26
3/27/2025HouseSigned by Governor 03/25
3/26/2025SenateSent to Governor
3/24/2025SenateSigned by President
3/24/2025SenateSigned by Speaker
3/24/2025HouseReturned to Senate
3/20/2025SenateSecond reading, passed, yeas 92 nays 1
3/19/2025HouseReported back, do pass, place on calendar 11 0 3
3/18/2025HouseCommittee Hearing 10:00
3/18/2025HouseIntroduced, first reading, referred Industry, Business and Labor Committee
3/7/2025HouseReceived from Senate
2/25/2025HouseSecond reading, passed, yeas 47 nays 0
2/24/2025SenateAmendment adopted, placed on calendar
2/24/2025SenateReported back amended, do pass, amendment placed on calendar 5 0 0
2/21/2025SenateCommittee Hearing 09:30
2/13/2025SenateIntroduced, first reading, referred Workforce Development Committee
1/16/2025Senate
Bill Text
Enrollment
FIRST ENGROSSMENT
INTRODUCED
Prepared by the Legislative Council staff for Senator Cleary
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