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)

Became Law

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 0 costs, 5 mixed.

More providers can apply fluoride

Registered nurses, licensed practical nurses, dental hygienists, and qualified or registered dental assistants may apply topical fluoride varnish. They must finish board‑approved training and work under a physician’s or dentist’s direct or general supervision. This expands access to a key preventive service.

New licensing and duties for hygienists

The law sets clear license rules for dental hygienists: CODA-accredited education, the national exam, a clinical exam, and a North Dakota laws test within one year. Licenses expire December 31 of odd-numbered years; renew with fees and CE. Late renewals: within 60 days pay a late fee; days 61–365 pay the renewal fee plus twice the late fee and show you kept your skills; after one year you must reapply. The Board can license experienced out‑of‑state hygienists by credential review (at least 3 years active practice, good standing, and a ND laws test) and may issue volunteer licenses by rule. Dentists may let qualified hygienists give local anesthesia to adults 18+ under direct supervision, and hygienist tasks under dentist supervision are clarified; diagnosis, cutting tissue, and appliance‑making steps are not delegated.

Dental board gets more powers

The State Board of Dental Examiners now has nine members: six dentists (including an oral surgeon), one hygienist, one assistant, and one consumer. The board can set licensing and renewal fees by rule and may fine up to $5,000 per violation; fine money goes to the general fund. It can create an alternative‑to‑discipline program with protected records and must keep public minutes and a public list of licensees. Officer roles, per diem, bonding, and quorum rules are updated.

Stronger dentist reporting and oversight

Dentists must report malpractice judgments, settlements, and final adverse actions to the board within 60 days. The board can investigate, obtain records, require written responses, and order physical or mental exams by qualified professionals. Complaint files stay confidential during investigation, and patient records the board gets are confidential. In urgent danger cases, the board can temporarily suspend a dentist’s license ex parte; a full hearing is generally held within 30 days, and the dentist may appeal.

Tougher discipline for hygienists, assistants

The board has broader grounds to deny or discipline dental hygienists and assistants. Examples include failing infection‑control guidelines, serious incompetence, certain crimes, fraud, substance abuse, not renewing, not reporting violations in 60 days, and not cooperating with investigations. This aims to protect patients and public safety.

New licensing and renewal for dentists

Dentist applications must be sworn, received at least 30 days before the board meeting, include a recent signed photo, and the board‑set fee. Experienced out‑of‑state dentists can get licensed by credential review with 5 years of active, good‑standing practice from an equivalent jurisdiction, certificates of good standing, and a ND laws test. Dentist licenses expire December 31 of odd‑numbered years; renew with the form, fee, and CE. Late renewals: within 60 days pay a late fee; days 61–365 pay the renewal fee plus twice the late fee and show you kept your skills; after one year you must reapply. If you have not practiced for 5 years, you must notify the board before returning; the board may investigate and require reexamination. Volunteer dentist licenses may be issued by rule to former ND licensees or those licensed in good standing elsewhere.

New rules for dental assistants

To register in any dental assistant category, you must apply and meet board‑rule requirements. Registrations expire December 31 of even‑numbered years; renew with the form, fee, and CE. Late renewals: within 60 days pay a late fee; days 61–365 pay the renewal fee plus twice the late fee and show you kept your skills; after one year you must reapply. The board may extend deadlines for hardship, and you must keep CE records for three years for audits. Dentists may delegate tasks to assistants under direct, indirect, or general supervision as board rules allow.

Sponsors & Cosponsors

Sponsor

  • Sean Cleary

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 139 • No: 1

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

  1. Filed with Secretary Of State 03/26

    3/27/2025House
  2. Signed by Governor 03/25

    3/26/2025Senate
  3. Sent to Governor

    3/24/2025Senate
  4. Signed by President

    3/24/2025Senate
  5. Signed by Speaker

    3/24/2025House
  6. Returned to Senate

    3/20/2025Senate
  7. Second reading, passed, yeas 92 nays 1

    3/19/2025House
  8. Reported back, do pass, place on calendar 11 0 3

    3/18/2025House
  9. Committee Hearing 10:00

    3/18/2025House
  10. Introduced, first reading, referred Industry, Business and Labor Committee

    3/7/2025House
  11. Received from Senate

    2/25/2025House
  12. Second reading, passed, yeas 47 nays 0

    2/24/2025Senate
  13. Amendment adopted, placed on calendar

    2/24/2025Senate
  14. Reported back amended, do pass, amendment placed on calendar 5 0 0

    2/21/2025Senate
  15. Committee Hearing 09:30

    2/13/2025Senate
  16. Introduced, 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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