North Carolina Administrative Code

21 NCAC 16L .0103 NOMINATED BOARD MEMBER DISQUALIFIED FROM VOTE History Note: Authority G.S. 90-22; Eff. September 3, 1976; Readopted Eff. September 26, 1977; Repealed Eff. May 1, 1989.

21 ncac 16L .0104 SOLICITATIONS FOR VOTES Solicitations for votes shall not: (1) be false or misleading or imply endorsement by the Board; (2) contain a material misrepresentation of fact; (3) misrepresent credentials, degrees, education, or experience of the candidate; (4) inclu…

SUBCHAPTER 16M - FEES PAYABLE section .0100 - fees payable 21 NCAC 16M .0101 DENTISTS (a) The following fees shall be payable to the Board: (1) Application for general dentistry license $ 395.00 (2) Renewal of general dentistry license $ 289.00 (3) Application for instructor's li…

21 NCAC 16M .0102 DENTAL HYGIENISTS (a) The following fees shall be payable to the Board: (1) Application for examination conducted by the Board $275.00 (2) Renewal of dental hygiene license $81.00 (3) Reinstatement of license $60.00 (4) Application for provisional licensure $60.…

21 NCAC 16M .0103 PRIMARY SOURCE VERIFICATION FEE All primary source verification requests must be in writing. Primary source verifications shall be provided in writing only for a fee of fifteen dollars ($15.00). History Note: Authority G.S. 150B-19(5); Eff. August 1, 1998; Pursu…

SUBCHAPTER 16N - RULEMAKING AND ADMINISTRATIVE HEARING PROCEDURES SECTION .0100 - PETITIONS FOR ADOPTION OF RULES 21 NCAC 16N .0101 PETITION FOR RULEMAKING HEARINGS Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall a…

21 NCAC 16N .0102 CONTENTS OF PETITION The petition shall include the following information: (1) An indication of the subject area to which the petition is directed; for example, "This is a petition to hold a rulemaking hearing to amend Rule .0000 of Subchapter X pertaining to de…

21 NCAC 16N .0103 DISPOSITION OF PETITIONS (a) The Board will determine whether the public interest would be served by the adoption, amendment or repeal of the requested rule. Prior to making this determination, the Board may: (1) Request additional information from the petitione…

SECTION .0200 - NOTICE OF RULEMAKING HEARINGS 21 NCAC 16N .0201 NOTICE OF PROCEEDINGS History Note: Authority G.S. 90-28; 90-48; 90-223(b); 150B-12; 150B-60; Eff. August 25, 1977;. Amended Eff. October 1, 1986; Repealed Eff. May 1, 1989.

21 NCAC 16N .0202 NOTICE OF MAILING LIST The Board maintains a mailing list of persons that have requested notice of rulemaking, and sends notices of rulemaking to persons on the mailing list by electronic mail. Any person or agency desiring to be placed on the mailing list for t…

21 NCAC 16N .0203 ADDITIONAL INFORMATION History Note: Authority G.S. 90-48; 90-223(b); 150B-12; Eff. August 25, 1977; Amended Eff. March 1, 1985; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0300 - RULEMAKING HEARINGS 21 NCAC 16N .0301 REQUEST TO PARTICIPATE History Note: Authority G.S. 90-48; 150B-12(a); Eff. August 25, 1977; Amended Eff. May 1, 1989; Repealed Eff. April 1, 2014.

21 NCAC 16N .0302 CONTENT OF REQUEST: GENERAL TIME LIMITATIONS Presentations at Board rule making hearings shall be limited to 15 minutes unless the Board prescribes some other time limit. History Note: Authority G.S. 90-48; 90-223(b); 150B-12(a); Eff. August 25, 1977; Amended Ef…

21 NCAC 16N .0303 RECEIPT OF REQUEST: SPECIFIC TIME LIMITS History Note: Authority G.S. 90-48; 90-223(b); 150B-12(a); Eff. August 25, 1977; Amended Eff. May 1, 1989. Repealed Eff. April 1, 2014.

21 NCAC 16N .0304 WRITTEN SUBMISSIONS Any person may file a written submission containing data, comments or arguments after publication of notice of a rulemaking hearing up to the date of hearing. The Board may in its discretion grant an additional 30 days after a hearing for fur…

21 NCAC 16N .0305 BOARD PRESIDENT TO PRESIDE: POWERS AND DUTIES The president of the Board shall preside at a rulemaking hearing and shall be authorized to do the following: (1) Grant any extension of time in connection with a request for the presentation of oral data, views or a…

21 NCAC 16N .0306 STATEMENT OF REASONS FOR DECISION History Note: Authority G.S. 90-28; 150B-60(4); 90-48; 90-223(b); 150B-12(e); Eff. August 25, 1977; Repealed Eff. May 1, 1989.

21 NCAC 16N .0307 RECORD OF PROCEEDINGS A record of all rulemaking proceedings will be maintained in the Board's office for as long as the rule is in effect, and for five years thereafter, following filing. This record will contain: the original petition if any, the notice, all w…

21 NCAC 16N .0308 TEMPORARY RULES History Note: Authority G.S. 90-28; 150B-13; Eff. August 25, 1977; Amended Eff. April 1, 1988; Repealed Eff. May 1, 1989.

SECTION .0400 - DECLARATORY RULINGS 21 NCAC 16N .0401 SUBJECTS OF DECLARATORY RULINGS History Note: Authority G.S. 90-28; 90-48; 90-223(b); 150B-17; Eff. August 25, 1977; Amended Eff. October 1, 1986; Repealed Eff. May 1, 1989.

21 NCAC 16N .0402 SUBMISSION OF REQUEST FOR RULING All requests for declaratory rulings shall be written and mailed to the Board's office. The envelope containing the request should bear the notation: REQUEST FOR DECLARATORY RULING. The request must include the following informat…

21 NCAC 16N .0403 DISPOSITION OF REQUESTS (a) When the Board deems it appropriate to issue a declaratory ruling, it shall issue the declaratory ruling as soon as practicable but no longer than the period set out in G.S. 150B-4(a1). (b) A declaratory ruling proceeding may consist …

21 NCAC 16N .0404 RECORD OF DECISION A record of all declaratory ruling proceedings will be maintained in the Board's office for as long as the ruling is in effect and for five years thereafter. This record will contain: the request, all written submissions filed on the request, …

21 NCAC 16N .0405 DEFINITION History Note: Authority G.S. 90-28; 150B-17; 90-48; 90-223(b); 150B-60(4); 150B-12(e); Eff. August 25, 1977; Repealed Eff. May 1, 1989.

SECTION .0500 - ADMINISTRATIVE HEARING PROCEDURES 21 NCAC 16N .0501 RIGHT TO HEARING (a) When the Board acts or proposes to act in a manner that will affect the rights, duties, or privileges of a licensee or applicant, the licensee or applicant has a right to an administrative he…

21 NCAC 16N .0502 REQUEST FOR HEARING (a) A licensee or applicant who believes their rights, duties, or privileges have been affected by the Board's administrative action, and who has not received a notice of a hearing or notice of a right to an administrative hearing, may submit…

21 NCAC 16N .0503 GRANTING OR DENYING HEARING REQUEST (a) Upon receipt of a request for a hearing submitted in accordance with Rule .0502 of this Section, the Board will decide whether to grant the request. Whenever the Board finds good cause exists to deny a request for a hearin…

21 NCAC 16N .0504 NOTICE OF HEARING (a) The Board shall give the party or parties in a contested case a notice of hearing by one of the following methods: (1) a signed acceptance of service from the party; (2) delivery to the party's attorney of record who accepts service on beha…

21 NCAC 16N .0505 WHO SHALL HEAR CONTESTED CASES All administrative hearings shall be conducted by a panel consisting of a majority of Board members eligible to vote on the issue, or an administrative law judge designated to hear the case pursuant to G.S. 150B-40(e). History Note…

21 NCAC 16N .0506 PETITION FOR INTERVENTION (a) A person desiring to intervene in a contested case shall file a written petition with the Board's office. The request shall bear the notation: PETITION TO INTERVENE IN THE CASE OF (NAME OF CASE). (b) The petition shall include the f…

21 NCAC 16N .0507 TYPES OF INTERVENTION (a) Intervention of Right. A petition to intervene of right, as provided in the North Carolina Rules of Civil Procedure, Rule 24, will be granted if the petitioner meets the criteria of that rule and his petition is timely. (b) Permissive I…

21 NCAC 16N .0508 DISQUALIFICATION OF BOARD MEMBERS (a) Self Disqualification. If a Board member determines that personal bias or other factors render that member unable to hear a contested case and perform all duties in an impartial manner, that Board member shall voluntarily de…

SECTION .0600 - ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND PROCEDURES 21 NCAC 16N .0601 FAILURE TO APPEAR History Note: Authority G.S. 90-28; 90-48; 90-223(b); 150B-25(a); 150B-60(4); Eff. August 25, 1977; Amended Eff. November 20, 1980; Repealed Eff. April 1, 1988.

21 NCAC 16N .0602 SIMPLIFICATION OF ISSUES The parties to a contested case, specifically including the Board, may agree in advance to simplify the hearing by decreasing the number of the issues to be contested at the hearing, accepting the validity of certain proposed evidence, a…

21 NCAC 16N .0603 SUBPOENAS (a) A request for subpoenas for the attendance and testimony of witnesses or for the production of documents, either at a hearing or for the purposes of discovery, shall: (1) be made in writing to the Board; (2) identify any documents sought with speci…

21 NCAC 16N .0604 FINAL DECISION The Board will issue the final decision in all contested cases. This decision is the prerequisite "final agency decision" for the right to judicial review. History Note: Authority G.S. 90-48; 90-223(b); 150B-43; Eff. August 25, 1977; Amended Eff. …

21 NCAC 16N .0605 PROPOSALS FOR DECISIONS (a) When an administrative law judge conducts a hearing pursuant to G.S. 150B-40(e), a "proposal for decision" shall be rendered. Any party may file written exceptions to this "proposal for decision" and submit their own proposed findings…

21 NCAC 16N .0606 FAILURE TO APPEAR Should a party fail to appear at a scheduled hearing, the Board, or the designated administrative law judge, may proceed with the hearing and make its decision in the absence of the party, provided that the party has been given proper notice. T…

21 NCAC 16N .0607 DISCIPLINARY FACTORS If the Board concludes that a dentist or dental hygienist (the "Respondent") has violated the Dental Practice Act, the Dental Hygiene Practice Act, or the Board's Rules, it shall consider the following factors relevant to the discipline to b…

SECTION .0300 - DEFINITIONS 21 NCAC 16O .0301 CONSCIOUS SEDATION "Conscious sedation" means the use of drugs for controlling pain or apprehension without rendering the patient unconscious. History Note: Authority G.S. 90-29(b)(6); 90-48; 90-223; Eff. July 16, 1980; Amended Eff. M…

21 NCAC 16O .0302 MONITORING "Monitoring" means observation of the patient during the flow of sedation agents and includes reducing the flow of sedation or shutting off equipment controlling such flow. Monitoring does not include increasing the flow of sedation agents. History No…

SECTION .0400 - QUALIFICATIONS TO PERFORM FUNCTIONS 21 NCAC 16O .0401 NON-DELEGABLE FUNCTIONS Conscious sedation shall not be induced by anyone other than a dentist or a lawfully qualified nurse or anesthetist who does so under the supervision and direction of a dentist or physic…

21 NCAC 16O .0402 EDUCATIONAL REQUIREMENTS (a) A Dental Assistant may aid and assist a licensed dentist in the monitoring of nitrous oxide-oxygen inhalant sedation by completing a Board-approved course totaling at least seven hours that covers the following topics: (1) definition…

21 NCAC 16O .0403 PREVIOUS COMPLIANCE History Note: Authority G.S. 90-28; 90-29(b)(6); 90-48; 90-223; 150B-12; Eff. July 16, 1980; Repealed Eff. May 1, 1989.

SUBCHAPTER 16P - ADVERTISEMENT OF DENTAL SERVICES 21 NCAC 16P .0101 COMMUNICATIONS CONCERNING DENTAL SERVICES A dentist shall not make a false or misleading communication about the dentist or the dentist's services. A communication is false or misleading if it: (1) Contains a mat…

21 NCAC 16P .0102 ADS MUST INCLUDE DENTIST'S NAME AND AREA OF PRACTICE All advertisements of dental services shall contain the name or names of the dentist or dentists whose services are being advertised and shall state whether each dentist is a general dentist or, if qualified, …

21 NCAC 16P .0103 ADVERTISEMENT OF FEES Advertisements of dental services shall: (1) Not quote a range of fees for a given service unless the basic factors upon which the actual fees will be determined are disclosed; (2) Specify any related services which usually are required in …

21 NCAC 16P .0104 TESTIMONIALS AND ENDORSEMENTS Advertisements for dental services shall not: (1) Include false or misleading testimonials and endorsements; or (2) Reveal a patient's identity or personally identifiable facts, data or other information obtained in a professional c…

21 ncac 16p .0105 ADVERTISING AS A SPECIALIST (a) A dentist shall not advertise or otherwise hold himself or herself out to the public as a specialist, or use any variation of the term, in an area of practice if the communication is false or misleading under Rule .0101 of this Se…

SUBCHAPTER 16Q - GENERAL ANESTHESIA AND SEDATION SECTION .0100 – GENERAL 21 NCAC 16Q .0101 GENERAL ANESTHESIA AND SEDATION DEFINITIONS For the purpose of these Rules relative to the administration of minimal conscious sedation, moderate conscious sedation, moderate pediatric cons…