North Carolina Administrative Code

21 NCAC 16S .0204 MONITORING TREATMENT A treatment source or facility receiving referrals from the Program shall be continually monitored to determine its ability to provide: (1) adequate medical and non-medical staffing; (2) appropriate treatment; (3) affordable treatment; (4) a…

21 NCAC 16S .0205 MONITORING REHABILITATION AND PERFORMANCE AFTER TREATMENT (a) Program members shall monitor dentists and dental hygienists following treatment. Testing for impairment shall be conducted until rehabilitation has been accomplished. (b) Treatment sources shall subm…

subchapter 16t – patient records SECTION .0100 – patient records 21 NCAC 16T .0101 RECORD CONTENT A dentist shall maintain treatment records on all patients for a period of 10 years from the last treatment date, except that work orders must only be maintained for a period of two …

21 NCAC 16T .0102 TRANSFER OF RECORDS UPON REQUEST A dentist shall, upon request by the patient of record, provide all information required by the Health Insurance Portability and Accountability Act (HIPAA) and this Rule, including original or diagnostic copies of radiographs and…

21 NCAC 16T .0103 INFORMED CONSENT (a) To obtain informed consent to a specific procedure or treatment to be provided, the dentist shall discuss with a patient or other person authorized by the patient or by law to give informed consent on behalf of the patient, prior to any trea…

subchapter 16u - INVESTIGATIONS SECTION .0100 - PROCEDURES 21 NCAC 16U .0101 SECRETARY-TREASURER The Board's Secretary-Treasurer or another Board member appointed by the Secretary-Treasurer shall supervise and direct investigations of acts or practices that might violate the prov…

21 NCAC 16U .0102 INVESTIGATIVE PANEL The Secretary-Treasurer or another Board member appointed by the Secretary-Treasurer shall chair the Investigative Panel. The Board's Counsel, Director of Investigations, Investigators and other staff members appointed by the Secretary-Treasu…

21 NCAC 16U .0103 REPORTS FROM THE CONTROLLED SUBSTANCES REPORTING SYSTEM (a) Pursuant to G.S. 90-113.74(b1)(2), the Department of Health and Human Services (DHHS) may report to the Board information regarding the prescribing practices of those dentists who have issued: (1) at le…

21 NCAC 16U .0104 cooperation with board inquiry (a) A licensee shall cooperate with the Board in connection with any inquiry it shall make. Cooperation includes: (1) acknowledging and responding in a timely manner to all inquiries from the Board or its representatives; (2) claim…

SECTION .0200 - COMPLAINTS 21 NCAC 16U .0201 PROCESSING Licensees shall be notified of patient complaints against them and given an opportunity to respond except: (1) In cases requiring emergency action for the protection of the public health, safety or welfare; or (2) In cases w…

21 NCAC 16U .0202 DISPOSITION The Secretary-Treasurer or other Board member chairing the Investigative Panel shall direct one or more of the following dispositions of each complaint or other investigation: (1) Submission to the Board with a recommendation to dismiss with no actio…

21 NCAC 16U .0203 PRE-HEARING CONFERENCES (a) A pre-hearing conference shall not be conducted unless the Respondent agrees to participate. (b) A pre-hearing conference shall be conducted before the Investigative Panel. At the pre-hearing conference, a Board investigator shall sum…

21 NCAC 16U .0204 SETTLEMENT CONFERENCES (a) A settlement conference shall not be conducted unless the Respondent agrees to participate and to waive any objection to the Board being exposed to a forecast of the evidence. (b) A settlement conference shall be conducted before the B…

SUBCHAPTER 16V – UNPROFESSIONAL CONDUCT SECTION .0100 - UNPROFESSIONAL CONDUCT 21 ncac 16v .0101 DEFINITION: UNPROFESSIONAL CONDUCT BY A dentist Unprofessional conduct by a dentist as set out in G.S. 90-41(a)(26) shall include the following: (1) having professional discipline imp…

21 ncac 16v .0102 DEFINITION: UNPROFESSIONAL CONDUCT BY A DENTAL HYGIENIST Unprofessional conduct by a dental hygienist as set out in G.S. 90-229(a)(12) shall include the following: (1) having professional discipline imposed, including the denial of licensure, by the dental hygie…

subchapter 16w – public health hygienists section .0100 - PUBLIC HEALTH HYGIENISTS 21 NCAC 16W .0101 DIRECTION DEFINED (a) A public health hygienist may perform clinical procedures under the direction of a licensed dentist, as defined by 21 NCAC 16A .0101(9), and in accordance wi…

21 NCAC 16W .0102 TRAINING FOR PUBLIC HEALTH HYGIENISTS (a) Prior to performing clinical procedures pursuant to G.S. 90-233(a) under the direction of a licensed dentist, a public health hygienist shall have: (1) five years of experience in clinical dental hygiene; (2) unexpired C…

21 NCAC 16W .0103 TRAINING FOR PUBLIC HEALTH HYGIENISTS PERFORMING PREVENTIVE PROCEDURES (a) Public health hygienists who provide only educational and preventive procedures such as application of fluorides, fluoride varnishes, and oral screenings, and not clinical procedures, sha…

21 NCAC 16W .0104 DENTAL ACCESS SHORTAGE AREAS (a) Public health hygienists who are practicing under Rule .0101(a) of this Section and who perform procedures in public schools, nursing homes, rest homes, long-term care facilities, and rural and community clinics provided through …

SUBCHAPTER 16X – MANAGEMENT ARRANGEMENTS section .0100 – management arrangements 21 ncac 16x .0101 MANAGEMENT ARRANGEMENTS (a) No dentist or professional entity shall enter into a management arrangement, contractual agreement, stipulation, or other legal binding instrument with a…

subchapter 16Y - intern PERMITTING: dentists 21 NCAC 16Y .0101 ELIGIBILITY REQUIREMENTS (a) Persons shall be eligible for an intern permit under the provisions of G.S. 90-29.4 if they are: (1) not licensed to practice dentistry in North Carolina, but are a graduate of and have a …

21 ncac 16Y .0102 APPLICATION for intern permit (a) An applicant who is eligible for an intern permit pursuant to Rule .0101(a) of this Subchapter shall: (1) submit to the Board a notarized application form provided by the Board at www.ncdentalboard.org that includes the informat…

21 ncac 16y .0103 EMPLOYMENT (a) The practice of dentistry under an intern permit is limited to the confines and registered patients of the following employment sites: (1) a nonprofit hospital, sanatorium, or a like institution; (2) a nonprofit health care facility serving low-in…

21 ncac 16y .0104 direction and supervision (a) Holders of a valid intern permit who are currently licensed in Canada or a U.S. territory or state may practice under direction of one or more dentists with a current and valid North Carolina license. The directing dentist shall be …

21 ncac 16y .0105 compliance A permit holder shall comply with limitations delineated in this Subchapter and placed on the permit and shall comply with rules of the Board. Failure to comply with the provisions of this Subchapter may result in suspension or revocation of the inter…

SUBCHAPTER 16Z - LIMITED SUPERVISION HYGIENISTS 21 NCAC 16Z .0101 ELIGIBILITY TO PRACTICE HYGIENE OUTSIDE DIRECT SUPERVISION (a) To be eligible to perform the clinical hygiene procedures set out in G.S. 90-221(a) without the direct supervision of a dentist, a dental hygienist sha…

21 NCAC 16Z .0102 RECORD KEEPING (a) A dentist who designates a dental hygienist employee as capable of providing clinical dental hygiene procedures without direct supervision of the dentist must keep and maintain the following records for at least ten years: (1) names of all hyg…

21 NCAC 16Z .0103 INSPECTIONS All locations at which a hygienist performs clinical dental hygiene procedures without direct supervision of a dentist shall be subject to random, unannounced inspection by the Dental Board or its agents for the purpose of determining if services are…

chapter 17 – board of dietetics/nutrition SECTION .0100 – LICENSURE 21 NCAC 17 .0101 DEFINITIONS, ACRONYMS, AND INITIALISMS (a) As used in this Chapter, the following terms shall mean: (1) "Act" means Dietetics/Nutrition Practice Act in Article 25 of Chapter 90 of the General Sta…

21 NCAC 17 .0102 requirement of license History Note: Authority G.S. 90-352; 90-356; Filed as a Temporary Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September 13, 1992; Eff. June 1, 1992; Recodified from 21 NCAC 17 .0002 Eff. February 1, 1995; Amended Eff.…

21 NCAC 17 .0103 QUALIFICATIONS FOR LICENSURE Each applicant for an initial license as a licensed dietitian/nutritionist shall meet the qualifications as set forth in G.S. 90-357.5(a) and the rules of this Chapter. Each applicant for an initial license as a licensed nutritionist …

21 NCAC 17 .0104 APPLICATIONS (a) Each applicant for initial licensure shall file a completed application with the Board. Application forms are available at www.ncbdn.org. (b) A complete application shall be: (1) typed; (2) signed by the applicant affirming that the information o…

21 NCAC 17 .0105 EXAMINATION FOR LICENSURE The Board shall recognize the passing scores set by the testing agencies for the exams in G.S. 90-359 as "successful completion." History Note: Authority G.S. 90-356; 90-359; Temporary Adoption Eff. March 19, 1992 for a Period of 180 Day…

21 NCAC 17 .0106 GRANTING LICENSE WITHOUT EXAMINATION History Note: Authority G.S. 90-356; 90-360; Temporary Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September 13, 1992; Eff. June 1, 1992; Recodified from 21 NCAC 17 .0006 Eff. February 1, 1995; Pursuant …

21 NCAC 17 .0107 PROVISIONAL LICENSE (a) Applicants for a provisional license under G.S. 90-357.5(a) shall provide evidence of completing the educational and supervised practice experience requirements by submitting the information required by Rule 21 NCAC 17 .0104(h) and (j), an…

21 Ncac 17 .0108 DISAPPROVED APPLICATION The Board shall not approve an applicant for licensure or renewal if the applicant: (1) has not completed the requirements set by Article 25 of Chapter 90 of the General Statutes and the rules of this Chapter. (2) has failed to remit any a…

21 NCAC 17 .0109 ISSUANCE AND RENEWAL OF LICENSE (a) An applicant shall be issued a license based on compliance with requirements stated in G.S. 90-357.5 and the rules in this Chapter. (b) A licensee shall notify the Board of any change in the licensee's personal or professional …

21 Ncac 17 .0110 LICENSURE CERTIFICATE (a) The Board shall issue to each licensee an electronic license certificate and an electronic license identification card. The identification card shall contain the person's name, license number, and date of expiration. (b) License certific…

21 Ncac 17 .0111 INACTIVE STATUS (a) A licensee may have a license placed in inactive status by written request to the Board, signed by the holder of the license or the holder's legal guardian. (b) While a license is in an inactive status, the licensee shall meet the continuing e…

21 NCAC 17 .0112 SUSPENSION, REVOCATION AND DENIAL OF LICENSE (a) The Board may refuse to issue a license, or suspend, revoke, or impose probationary conditions and restrictions on the license of a person upon a finding of any of the causes provided in Article 25 of Chapter 90 of…

21 ncac 17 .0113 FEES The following fees, where applicable, are payable to the Board by credit card, check, or money order. Credit card payments are only accepted electronically via the Board's web-based licensure system. Payments by check or money order may be mailed to: North C…

21 NCAC 17 .0114 CODE OF ETHICS FOR PROFESSIONAL PRACTICE AND CONDUCT (a) Licensees, under the Act, shall comply with the following Code of Ethics in their professional practice and conduct. The Code reflects the ethical principles of the dietetic/nutrition professional and outli…

21 NCAC 17 .0115 EXEMPTIONS History Note: Filed as a Temporary Adoption Eff. March 19, 1992 for a Period of 180 Days to Expire on September 13, 1992; Authority G.S. 90-356; 90-368; Eff. June 1, 1992; Recodified from 21 NCAC 17 .0015 Eff. February 1, 1995; Repealed Eff. July 18, 2…

21 NCAC 17 .0116 VIOLATIONS, COMPLAINTS, SUBSEQUENT BOARD ACTION, AND HEARINGS History Note: Authority G.S. 90-356; 90-363; 90-370; Temporary Adoption Eff. July 16, 1992 for a period of 180 days or until the permanent rule becomes effective, whichever is sooner; Eff. November 30,…

21 NCAC 17 .0117 SUSPENSION OF AUTHORITY AND ESCROW OF FUNDS Not later than October 31 of each year, the Board shall file the reports required by G.S. 93B-2. In the event the reports required by G.S. 93B-2 are not timely filed and the Board's authority to expend any funds is ther…

21 NCAC 17 .0118 ARMED SERVICES LICENSEES Upon receipt of a written request on or behalf of a licensee who is currently in good standing with the Board, is serving in the armed forces of the United States, and to whom G.S. 105-249 grants an extension of time to file a tax return,…

21 Ncac 17 .0119 Declaratory Rulings (a) A request for a declaratory ruling made pursuant to G.S. 150B-4 shall be in writing and addressed to the Board at the address provided in Rule .0104(c) of this Section. The request shall contain the following information: (1) the name and …

21 Ncac 17 .0120 Petitions for adoption, Amendment, or repeal of rules (a) Rule-making petitions made pursuant to G.S. 150B-20 shall be sent to the Board. No special form is required, but the petitioner shall state his or her name and address. The petition shall include: (1) the …

21 ncac 17 .0121 Rule Making Notice Persons or agencies desiring to receive notice of the Board's rule making shall file a written request with the Board at the address provided in Rule .0104 (c) of this Section, furnishing their name, mailing address, and electronic mailing addr…

SECTION .0200 - REVIEW AND APPROVAL OF WEIGHT CONTROL SERVICES 21 NCAC 17 .0201 DEFINITIONS History Note: Authority G.S. 90-356; 90-368; Eff. February 1, 1995; Amended Eff. December 1, 2011; March 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public …