North Dakota Administrative Code

1. History and functions. In 1895, a five-member board of dental examiners was created to examine dentists as to their qualifications and to license and register qualified dentists. In 1981, the board was authorized to regulate dental hygienists, and its membership expanded to si…

Unless specifically stated otherwise, the following definitions are applicable throughout this title: 1. "Advertising" means any public communication, made in any form or manner, about a licensee's professional service or qualifications, for the purpose of soliciting business. 2.…

1. Advertising by dentists is permitted to disseminate information for the purpose of providing the public a sufficient basis upon which to make an informed selection of dentists. In the interest of protecting the public health, safety, and welfare, advertising which is false, de…

Every dentist, dental hygienist, dental assistant, qualified dental assistant, dental anesthesia assistant, qualified dental assistant-limited radiology registrant, or registered dental assistant practicing in North Dakota must have a current certificate of proficiency in cardiop…

Repealed effective July 1, 2022.

The board may grant a license to practice dentistry to an applicant who has met the requirements of North Dakota Century Code section 43-28-10.1 and all the following requirements: 1. The applicant has passed the examination administered by the joint commission on national dental…

The board may grant a license to practice dentistry to an applicant who has met the requirements of North Dakota Century Code section 43-28-15 or 43-51.1-02 and all the following requirements: 1. The applicant has successfully completed a cardiopulmonary resuscitation course with…

In addition to the application requirements of sections 20-02-01-03.1 and 20-02-01-03.2 and North Dakota Century Code sections 43-28-10.1, 43-28-11, 43-28-15, 43-28-17, and 43-51.1-02, the board may require an application to be completed within six months of submission of initial…

If an applicant taking the clinical competency examination in the integrated format is unsuccessful after having exhausted all allowable retake opportunities for the failed parts, one failure is recorded. The applicant then shall retake all five parts of the examination in the tr…

The board may grant a nonrenewable temporary license to practice dentistry in the state of North Dakota for a period not to exceed one year. Between meetings of the board, the executive director of the board may review the temporary license application and grant a temporary licen…

Repealed effective October 1, 2007.

1. The board may issue a volunteer license to practice dentistry to an applicant who was formerly licensed in North Dakota or who has an active license issued by another state where the laws are at least substantially equivalent to those of this state, if the applicant: a. Practi…

Upon payment of the fee determined by the board, a dentist may place the dentist's license on inactive status. A dentist on inactive status is excused from continuing education requirements other than as set forth in this section. Inactive status must be renewed annually by compl…

The rules in this chapter are adopted to define standards for the administration of anesthesia and sedation by dentists or a dentist who collaborates with a qualified and licensed anesthesia or sedation provider. A dentist may not use any form of sedation on any patient if the in…

Each dentist shall maintain documentation of attendance or participation in continuing clinical dental education in accordance with the following conditions: 1. Continuing education activities include publications, seminars, symposiums, lectures, college courses, and online educa…

1. Every complete upper and lower denture or removable dental prosthesis fabricated by a dentist or fabricated pursuant to the dentist's work order must be marked with the name of the patient for whom the prosthesis is intended. The markings must be done during the fabrication pr…

relationship. 1. Dentists who are either discontinuing the practice of dentistry or who are discontinuing practicing within a particular community shall provide written notice to their active patients explaining the extent of the discontinuation. For the purpose of this section, …

1. A dentist shall maintain a patient's dental records in a manner consistent with the protection of the welfare of the patient. 2. Dentists shall release patient dental records within a reasonable time of request. Failure to do so may result in violations of North Dakota Century…

A dentist using the services of any person, not licensed to practice dentistry in this state, to construct, alter, repair, or duplicate any orthodontic or prosthetic device, must furnish the unlicensed person a written prescription which shall include all of the following: 1. The…

The rules in this chapter are adopted to define standards for the administration of dermal fillers and botulinum toxin by a dentist if the use is limited to the practice of dentistry as defined in subsection 7 of North Dakota Century Code section 43-28-01. Notwithstanding a denti…

Subject to the exceptions described in section 20-02-01-13, prior to the initial prescribing of any controlled substance, including samples, a dentist authorized by the drug enforcement administration to prescribe, administer, sign for, dispense, or procure pharmaceuticals shall …

A practitioner may not be required to review a patient's prescription drug monitoring program data if any of the following apply: 1. The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care. 2. The controlled substance is prescribe…

The board may approve a dentist to supervise student externships as set forth in subsection 2 of North Dakota Century Code section 43-28-02 provided the dentist meets all of the following requirements: 1. Has been licensed to practice dentistry for no less than three years. 2. Po…

1. Pursuant to subsection 3 of North Dakota Century Code section 43-28-25, it is a class A misdemeanor for any person except a dentist to own more than forty-nine percent of an office practice or business at which the practice of dentistry is performed. On or before June thirtiet…

Duties are delegated to dental assistants under prescribed levels of supervision as follows: 1. A dental assistant who is not registered with the board and who is employed by a dentist may: a. Perform the following duties under direct supervision: (1) Take and record pulse, blood…

A registered dental assistant shall apply for a permit to perform the following duties: 1. A restorative care permitholder under the direct supervision of a dentist may perform the following restorative functions: a. Place, contour, carve, adjust, and finish direct restorative de…

The board may grant a permit to a registered dental assistant registered dental hygienist, or any other individual who meets the criteria listed below. Individuals authorized by other North Dakota licensing boards and whose scope of practice encompasses the duties of a dental ane…

Dental assistants are prohibited from performing the following services: 1. Diagnosis and treatment planning. 2. Surgery on hard or soft tissue. 3. Administer local anesthetics, sedation or general anesthesia drugs or titrate local anesthetics, sedation or general anesthesia drug…

Repealed effective January 1, 2011.

Repealed effective January 1, 2011.

An individual seeking registration as a dental assistant shall apply on forms prescribed by the board. The application must be notarized and include the application fee. 1. The board may grant registration as a registered dental assistant to an applicant meeting all the following…

Repealed effective July 1, 2022.

Dental assistants shall provide evidence of attendance or participation in continuing clinical dental education in accordance with the following conditions: 1. Continuing education activities include publications, seminars, symposiums, lectures, college courses, and online educat…

1. A dental hygienist may perform the following services under the direct supervision of a dentist: a. Apply resin infiltration. b. Hold impression trays in the mouth (e.g., reversible hydrocolloids, rubber base, etc.). c. Place and remove matrix bands or wedges. d. Adjust perman…

A dental hygienist may not perform the following services: 1. Diagnosis and treatment planning. 2. Surgery on hard or soft tissue. 3 3. Administer anesthetics, except topical and local anesthetic, as permitted under section 20-04-01-03, or titrate local anesthetics, sedation or g…

1. A licensed dental hygienist may apply for authorization to administer local anesthesia to a patient. 2. Requirements for local anesthesia authorization are as follows: a. A licensed dental hygienist shall submit evidence that the hygienist successfully completed a didactic and…

The board may issue or renew an expanded function permit to a dental hygienist who meets the requirements set forth in section 20-03-01-01.2. A dental hygienist holding an expanded function permit may perform duties as set forth in section 20-03-01-01.1. History: Effective April …

The board may grant a license to practice dental hygiene to an applicant who has met the requirements of North Dakota Century Code section 43-20-01.2 and all the following requirements: 1. The applicant has passed the examination administered by the joint commission on national d…

A dental hygiene applicant may take a clinical examination three times before remedial training is required. After failing the examination for a third time, and prior to the fourth attempt of the examination, an applicant shall: 1. Submit to the board a detailed plan for remedial…

The board may grant a license to practice dental hygiene to an applicant who has met the requirements of North Dakota Century Code section 43-20-01.3 and all the following requirements: 1. The applicant has successfully completed a cardiopulmonary resuscitation course within two …

Hygienists formerly licensed in North Dakota or in any state or jurisdiction where the licensure requirements were substantially equivalent may apply for licensure reentry as follows: 1. Grounds for denial of the application under North Dakota Century Code section 43-20-05 do not…

Applications must be completed within twelve months of filing. The board may require an interview with the applicant. In addition to the application requirements of North Dakota Century Code sections 43-20-01.2, 43-20-01.3, and 43-20-06, the board may require an application to in…

Upon payment of the fee determined by the board, a dental hygienist may place the dental hygienist's license on inactive status. A dental hygienist on inactive status must be excused from continuing education requirements other than as set forth in this section. Inactive status m…

Each dental hygienist shall provide evidence of attendance or participation in continuing clinical dental education in accordance with the following conditions: 1. Continuing education activities include publications, seminars, symposiums, lectures, college courses, and online ed…

1. The board may issue volunteer licenses to practice dental hygiene to applicants who were formerly licensed in North Dakota or who have active licenses issued by other states where the laws are at least substantially equivalent to those of this state if the applicants: a. Have …

The board shall charge the following nonrefundable fees: 1. For dentists: a. License by examination application fee $540.00 b. License by credential review application fee $1,490.00 c. Renewal fee $500.00 d. Late fee $500.00 e. Temporary license application and license fee $315.0…

As used in this chapter: 1. "Administrator" means the professional health program that is designated through the agreement set forth in North Dakota Century Code section 43-28-06. 2. "Agreement" means the agreement set forth in North Dakota Century Code section 43-28-06. 3. "Impa…

1. The board may enter an agreement with the administrator to undertake those functions and responsibilities specified in the agreement. The functions and responsibilities of the agreement may include any or all of the following: a. Contracting with agencies or providers of diagn…

In consultation with the board, the administrator shall develop procedures for: 1. Periodic reporting of statistical information regarding program activity. 2. Periodic disclosure and joint review of information the board deems appropriate regarding reports received, contacts of …

If the board determines a licensee currently exhibits possible impairment, the board may direct the administrator to facilitate an evaluation of the licensee to determine whether there is a current need for treatment or monitoring of the licensee to assure the licensee is able to…