Title 24, Professions and Occupations

§ 1104. Records. The Division of Professional Regulation shall keep a register of all approved applications for license as a dentist or a dental hygienist and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and…

§ 1105. Dental Hygiene Advisory Committee. (a) There is created a State Dental Hygiene Advisory Committee which shall serve the Board on matters pertaining to the policy and practice of dental hygiene. (b) The Committee shall consist of 3 licensed dental hygienists, appointed by …

§ 1106. Powers and duties of the Board. (a) The State Board of Dentistry and Dental Hygiene has the authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures speci…

§ 1121. License required. (a) No person shall practice dentistry or dental hygiene or hold oneself out to the public in this State as being qualified to practice dentistry or dental hygiene or use in connection with the person’s name, or otherwise assume or use, any title or desc…

§ 1122. Qualifications of applicant for Delaware-specific dental license; report to Attorney General. (a) An applicant who is applying for licensure as a dentist under this section shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all…

§ 1123. Examinations. (a) (1) An applicant applying for licensure by examination shall successfully pass, with a score established by the Board, a validated practical examination prepared and administered by the Board. (2) The examination required under paragraph (a)(1) of this s…

§ 1124. Dentists and dental hygienists licensed in other jurisdictions. (a) On payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to practice dentistry or dental hygiene to each app…

§ 1125. Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. Th…

§ 1126. Issuance and renewal of licenses; replacement of licenses. (a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dentist or dental hygienist and who pays the fee established in § 1125 of this title. (b) Each li…

§ 1127. Complaints. (a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it…

§ 1128. Grounds for discipline. A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1129 of this title, if, after a hearing, the Board finds that the dentist or dental hygienist: (1) Has employed or knowingly cooperated in fraud or m…

§ 1129. Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 1128 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of rep…

§ 1130. Hearing procedures. (a) If a complaint is filed with the Board by the office of the Attorney General pursuant to § 8735 of Title 29 alleging violation of § 1128 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearin…

§ 1131. Duty to self-report. (a) A licensee shall self-report to the Board: (1) Any arrest or the bringing of an indictment or information charging the licensee with a crime substantially related to the practice of dentistry and dental hygiene as defined in the Board’s rules and …

§ 1131A. Duty to report conduct that constitutes grounds for discipline or inability to practice. (a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the lice…

§ 1131B. Treatment or examination of minors. (a) A parent, legal guardian or other caretaker, or adult staff member, shall be present when a person licensed or certified to practice dentistry or dental hygiene under this chapter provides services to a minor, regardless of the sex…

§ 1132. Limited license — Fee. (a) Upon completion of an application approved by the Board and payment of a fee established by the Division, the Board may issue a limited license to an applicant for licensure as a dentist who has fulfilled the requirements of § 1122(a)(1) and (2)…

§ 1132A. Academic license — Director or chairperson of a hospital dental or hospital oral and maxillofacial surgery residency program. (a) On completion of an application approved by the Board and payment of a fee established by the Division, in accordance with § 1125 of this tit…

§ 1132B. Community health license to care for underserved populations — Dentists practicing in federally-qualified health centers (“FQHCs”) or in government-operated dental clinics. (a) On completion of an application approved by the Board and payment of a fee established by the …

§ 1133. Exemptions. Nothing in this chapter shall be construed to prevent: (1) A licensed dentist or dental hygienist serving in any branch of the United States Armed Services, Veterans’ Administration or Public Health Service from discharging the dentist’s or dental hygienist’s …

§ 1134. Penalty. A person not currently licensed as a dentist or dental hygienist under this chapter who engages in the practice of dentistry or dental hygiene or uses in connection with that person’s name, or otherwise assumes or uses, any title or description conveying, or tend…

§ 1135. Certain unlawful acts; supervision by dentists. (a) No person shall repair, construct, adjust or alter any appliance, denture or dental restoration except under the authorization and responsibility of a licensed practitioner of dentistry as defined by this chapter. (b) De…

§ 1136. Prescriptions for dentists. Pharmacists licensed by this State may fill prescriptions of dentists licensed by this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.73 Del. Laws, c. 332, § 2;

§ 1137. Prescription requirements. (a) No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed: (1) The name, address and phone number of the prescriber; (2) The name and …

§ 1138. Accreditation of facilities where office-based surgeries are performed. No person licensed under this chapter shall perform any office-based surgery, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 12…

§ 1171. Name used in practice of dentistry. (a) Any dentist who practices or offers to practice dentistry or dental surgery may use a trade name that is not false, misleading or deceptive provided that the proper name of 1 of the owners, all of whom must be dentists, is used in c…

§ 1172. Unlawful acts; penalty. Whoever employs a person who is not a licensed dentist to perform dental operations as defined in this chapter or permits such persons to practice dentistry in the employer’s office; or whoever practices dentistry under a false name or assumes a ti…

§ 1173. Failure to display dentistry license; penalty [Repealed].Code 1915, § 892W; 38 Del. Laws, c. 48, § 2; Code 1935, § 996; 24 Del. C. 1953, § 1173; 70 Del. Laws, c. 186, § 1; repealed by 82 Del. Laws, c. 8, § 3, effective Apr. 9, 2019.;

§ 1174. Practice of dentistry after cancellation of registration. Any person whose registration as a practitioner of dentistry has been cancelled under this chapter shall be deemed an unregistered person and subject as such to the penalties prescribed for the practice of dentistr…

§ 1175. Filing of false documents or forged affidavits; penalty. Whoever files or attempts to file as that person’s own the diploma, certificate or license of another or a forged, false affidavit of identification or qualification is guilty of a felony and shall be fined not less…

§ 1176. Certain specific offenses; penalty. Repealed by 77 Del. Laws, c. 463, § 46, effective July 30, 2010.

§ 1177. Sale or offer to sell, procurement, alteration or use of diploma, license or certificate; penalty. Whoever sells or offers to sell a diploma conferring a dental degree or a license or a certificate granted pursuant to this chapter or procures such diploma or license or ce…

§ 1178. Practice without registration or certificate; separate offenses; penalty. Whoever practices or attempts to practice dentistry or dental hygiene within this State without having been licensed to practice dentistry or dental hygiene or during the period of suspension or rev…

§ 1179. Penalty in absence of specific designation. Whoever violates any provision or law relating to the practice of dentistry or dental hygiene or the application for examination and licensing of dentists and registration of dental hygienists, for which no specific penalty has …

§ 1180. Second or subsequent offenses. Whoever is convicted of a second or subsequent offense under § 1172, § 1173 [repealed], § 1177 or § 1179 of this title shall be punished by the maximum fine prescribed in such section or by imprisonment for not less than 10 nor more than 60 …

§ 1181. Enforcement of chapter; prosecution for violations. (a) [Repealed.] (b) All violations of the laws relating to the practice of dentistry and dental hygiene shall be prosecuted in courts of this State by the Attorney General or one of the Attorney General’s deputies.17 Del…

§ 1191. Immunity of officials reviewing dental records and dentists’ work; confidentiality of investigative records; liability of informants. (a) The members of the State Board of Dentistry and Dental Hygiene of Delaware, dental ethics committee and dentists who are members of ho…

§ 1192. Reports of dental malpractice actions. The Prothonotary in each county of the State shall report to the Board the adjudication of any dental malpractice claim against a dentist which was filed in the Prothonotary’s office or the settlement of any dental malpractice claim …

§ 1193. Limitation of action for dental malpractice. No action for recovery of damages against a dentist, dental hygienist or dental assistant for personal injury, including death, allegedly suffered in the course of dental treatment, shall be brought after the expiration of 2 ye…

§ 1194. Appeal panel. (a) Prior to the administration of the first practical examination each year by the Board, the Director of the Division of Professional Regulation shall appoint an appeal panel to hear appeals as a result of denial of licensure by the Board for failure of a …

§ 1195. Dentist discontinuing practice or leaving state; death of a dentist; change of dentist and transfer of patient records; notification of patients. (a) Every dentist licensed to practice under this chapter who is discontinuing a practice in this State or is leaving this Sta…

§ 1196. Volunteer license, application procedures [Repealed].76 Del. Laws, c. 309, § 1; repealed by 81 Del. Laws, c. 79, § 38, effective July 17, 2017.;

§ 1197. Restrictions under the volunteer license for practicing dentistry [Repealed].76 Del. Laws, c. 309, § 1; repealed by 81 Del. Laws, c. 79, § 38, effective July 17, 2017.;

§ 1198. Volunteer license; maintenance requirements [Repealed].76 Del. Laws, c. 309, § 1; repealed by 81 Del. Laws, c. 79, § 38, effective July 17, 2017.;

§ 1199. Evaluation of volunteer license [Repealed].76 Del. Laws, c. 309, § 1; repealed by 81 Del. Laws, c. 79, § 38, effective July 17, 2017.;

§ 1199A. Penalties, civil violation [Repealed].76 Del. Laws, c. 309, § 1; repealed by 81 Del. Laws, c. 79, § 38, effective July 17, 2017.;