Title 43, Occupations and Professions

As used in this chapter and chapter 43-20, unless the context otherwise requires: 1. "Accredited dental school" means a dental school, college, or university accredited by the commission on dental accreditation of the American dental association or its successor. 2. "Advertising"…

The provisions of this chapter do not apply: 1. To the filling of written prescriptions of a licensed and registered dentist by any person for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or appliances, to be used or worn as substitutes for n…

1. The state board of dental examiners consists of nine members appointed by the governor. The membership of the board must include: a. Six dentist members, at least one of whom is a board-eligible or board-certified oral and maxillofacial surgeon; b. One dental hygienist member;…

1. An individual may not be appointed as a dentist member of the board unless that individual: a. Is a dentist licensed and registered under this chapter; and b. Is actively engaged in the practice of dentistry and has been so engaged in this state for at least five years immedia…

1. The board shall hold a regular annual meeting at a place designated by the board and special meetings when necessary. The board shall elect from its members: a. A president; b. A president-elect; and c. A secretary-treasurer. 2. Each member of the board shall receive as compen…

The board may: 1. Adopt and enforce reasonable rules to govern its proceedings and to carry out this chapter. 2. Examine applicants for licenses, or registration to practice dentistry, dental hygiene, or dental assisting in this state, either by direct examination or by accepting…

The board shall keep full and complete minutes of its proceedings and of its receipts and disbursements and a full and accurate list of all persons licensed and registered by the board, and shall maintain all records in full compliance with chapter 44-04.

The board may submit a report to the governor and the secretary of state in accordance with section 54-06-04.

A person may not practice dentistry in this state unless that person is a dentist.

The board may grant a license to practice dentistry to an applicant who has met all of the following requirements: 1. The applicant has a doctorate of dental surgery or doctorate of dental medicine degree from an accredited dental school. 2. The applicant has passed the examinati…

The board may establish rules governing the issuance of a volunteer license to practice dentistry to an individual previously licensed in this state or an individual who holds a license, in good standing, to practice dentistry issued by another state.

1. An individual seeking a license, registration, permit, credential, or endorsement related to the practice of dentistry, shall apply to the executive director on forms prescribed by the board. 2. The application must: a. Be verified under oath that all statements contained in t…

Conviction of an offense does not disqualify a person from licensure under this chapter unless the board determines that the offense has a direct bearing upon a person's ability to serve the public as a dentist, or that, following conviction of any offense, the person is not suff…

The board may investigate an applicant's or a dentist's fitness, qualification, and previous professional record and performance. The board may seek information sought under this section from recognized data sources, including the national practitioners data bank, data repositori…

A dentist is held to the same standard of care and ethical standards, whether practicing traditional in-person dentistry or telehealth. The following apply in the context of telehealth: 1. Professional ethical standards require a dentist to practice only in areas in which the den…

An individual who does not undertake the actual practice of dentistry within five years from the date of the individual's license and registration or any holder of any privilege related to the practice of dentistry shall, before engaging in the practice of dentistry in this state…

1. The board may issue a license and certificate of registration to practice dentistry in this state to an applicant who meets the following requirements: a. The applicant, for at least five years immediately preceding application, has been licensed in good standing and has been …

The holder of a license and certificate of registration shall display the license and certificate conspicuously in the holder's place of business.

Any dentist licensed and registered may issue a death certificate in an emergency, when the cause of death is known to the dentist.

1. Licenses expire on December thirty-first of every odd-numbered year. 2. Licenses may be renewed by December thirty-first of the odd-numbered year by submitting a renewal application, a renewal fee established by the board by rule, and proof of completion of the continuing educ…

Upon payment of a fee determined by the board, a dentist may request to have the dentist's license placed on inactive status. While on inactive status, the dentist may not engage in the practice of dentistry in the state until the dentist applies for reinstatement, pays a renewal…

The board may deny an application or take disciplinary action against the license and the certificate of registration of any applicant or dentist who has: 1. Engaged in dishonorable, unprofessional, or immoral conduct. 2. Been convicted of an offense determined by the board to ha…

1. A dentist shall report to the board in writing within sixty days of the event any illegal, unethical, or errant behavior or conduct of the dentist, including the following events, proceedings, or formal or informal actions: a. A dental malpractice judgment or malpractice settl…

1. A person may file a written and signed complaint with the board alleging a dentist engaged in conduct identified as grounds for disciplinary action under section 43-28-18. The board may also initiate a complaint and investigation on the board's motion. 2. The board may direct …

1. When, based on verified evidence, the board determines by a clear and convincing standard that the evidence presented to the board indicates that the continued practice by the dentist would create a significant risk of serious and ongoing harm to the public while a disciplinar…

Within thirty days after a licensed and registered dentist changes the dentist's place of business, the dentist shall notify the executive director of the board of the new address. The notice must be given by certified mail and return receipt requested. Such licensed and register…

If a license or certificate of registration to practice dentistry in this state is lost or destroyed, the board shall issue and deliver a duplicate license or certificate for a fee established by rule.

It is a class A misdemeanor: 1. For any unlicensed person to construct, alter, repair, or duplicate any denture, partial denture, bridge, splint, or orthodontic or prosthetic appliance, except as provided by rule adopted by the board. 2. For any person: a. To falsely claim or pre…

A dentist practicing dentistry may not require a patient to sign a form or statement waiving the patient's right to file a complaint against the dentist with an appropriate state entity or shielding the dentist from liability for injury resulting from a dental encounter.

All license fees, registration fees, and other fees authorized to be assessed and collected by the board must be established by rules adopted by the board.

1. As authorized under this section, a dental provider and a dental insurer may enter into voluntary non-fee-related joint negotiations. Before commencing voluntary joint negotiations, a joint negotiation representative shall notify the attorney general of its intent to engage in…