When calling the Board office, who should I ask for?
When you call the State Board office, the telephone may be answered by anyone at
the office and most likely that person will be able to help you. If not, they will refer
you to the appropriate individual. Because the Board staff is so small, it is not divided
into departments. Everyone on the staff can answer general questions, whether they concern
incorporating your dental practice, acquiring a duplicate license, classification of
dental assistants, how to handle a problem patient, exam information, or verification of
licenses. However, it is important to note that the staff cannot give you legal advice or
insurance advice.
What is the difference between the Board and the
Dental Society or the
Dental Hygiene Association?
The North Carolina Dental Society is a membership organization to which dentists
may or may not belong and the Society exists for the benefit of its members, the dentists,
just as the North Carolina Dental Hygiene Association is the membership organization for
dental hygienists.
The Board is the state licensing agency responsible for regulating dentistry and
dental hygiene in the public interest. The Board was created by the State Legislature and
must enforce the laws enacted by the Legislature, while the Dental Society and the North
Carolina Dental Hygiene Association are non-profit associations organized to represent the
views of their members. It is the Board, not the Society, that has the power to enforce
laws, but NEITHER group can change the laws. That must be accomplished by
the State Legislature.
Why does the Board have to become involved in every
patient complaint,
no matter how minor or frivolous
the problem ?
Many dentists feel that complaints that are obviously simple misunderstandings
and are frivolous in nature should not be handled by the Board, that it has more important
things to do. While this is true, the Board long ago adopted a policy that all written
complaints received would merit the same degree of attention through the first several
phases.
For every complaint, the dentist is advised of it and asked to respond. Then a
Board investigator interviews both the dentist and the complainant in order to obtain all
the details about the complaint. These steps are always taken, although most of the
complaints that are unfounded are closed at this point.
Since the Board must act in the interest of the public, it must be certain of all
the facts surrounding a complaint before closing one. There have been instances of a
seemingly frivolous complaint leading to more serious charges upon a thorough
investigation. On the other hand, situations that sounded ominous from reading the
complaint have been found to be completely untrue after the investigation.
We simply ask that full cooperation be given in all investigative matters so the
Board can be sure to conduct a complete and comprehensive investigation of all
allegations. These procedures are essential to assure that the public we serve is being
protected.
May individual Board members be contacted concerning
on-going
investigations?
Individual
Board members should never be contacted with
questions or concerns regarding an on-going investigation. During an
investigation
only one Board member has knowledge of the case. All
questions and concerns regarding the case should be directed to
the Board office.
Why is the Board involved in reviewing contractual arrangements
between licensed dentists and unlicensed third parties who provide
certain types of business and management services?
The Board is required by law to review certain contractual
arrangements between licensed dentists and unlicensed third
parties. Specifically, the
Management Arrangements Rule (the “MAR”) requires
that the Board review certain contractual arrangements entered
into by licensed dentists with third parties who provide certain
types of business and management services.
Our State Legislature has determined that the “practice of
dentistry” extends to anyone who “owns, manages, supervises,
controls or conducts any enterprise” where dentistry is
practiced. In other words, only dentists licensed in North
Carolina may own, manage, supervise, conduct or control a dental
practice located in this state. Otherwise, there would be a risk
to the public that unlicensed individuals or entities might
interfere with licensed dentists exercising their professional
judgment in the care of their patients.
In the interest of protecting the public, the Legislature has
charged the Dental Board with the duty of reviewing certain
contractual arrangements to ensure that a licensed dentist has not
delegated or provided to an unlicensed individual or entity
ownership, management, supervision, or control of a dental
practice.
Additionally, the Board has been charged by the Legislature with
the duty to discipline any licensed dentist who aids, abets or
assists the unlicensed practice of dentistry or permits the
dentist’s name to be used in or has a professional connection with
the illegal practice of dentistry. Entering into contractual
arrangements that fall outside the parameters set forth in the
Dental Practice Act and the MAR could subject a licensed dentist
to disciplinary action by the Board.
Therefore, as a means of protecting the public at large, the MAR
requires the Board to receive and review contractual arrangements
between licensed dentists and their professional entities or
practices and management services providers to determine whether
these arrangements comply with the Dental Practice Act and the
MAR.
The law provides that all licensees must display "in a conspicuous
location" their license and current renewal certificate. Duplicate licenses and
renewal certificates are available from the Board office upon request and payment of
$25.00 per license or renewal certificate. The request
for a duplicate MUST be made by
the licensee only!
Is there
a law against rewarding others for referring new
patients to your practice?
Yes, there is. A law prohibits a health care provider from offering rewards for
patient referrals. This is not to say that a "thank you" cannot be made;
however, a pre-arranged agreement to compensate someone (financially, with a
"gift," or by crediting their account, for instance) is unlawful.
Is
on-site supervision by a licensed dentist required
at all times?
The Board is aware that in many offices, hygienists and assistants are being
asked to see patients when the dentist is not in the office. This practice, even for brief
periods of time, violates the laws of North Carolina and if discovered, both dentist and
hygienist could be sanctioned by the Board. Current laws require that the dentist be
present IN THE OFFICE whenever anyone sees patients.
Am I
required to transfer patient records and
radiographs upon request, even if the patient has
an
outstanding balance?
A 1996 Board rule mandates the transfer of original or copies of x-rays and at
least a summary of the patient's record at the patient’s request. A fee may be charged for the cost of duplicating
records, but this fee may NOT be demanded prior
to the release of the records.
Is it OK
for employees to call in prescriptions for patients
to the local pharmacy?
Yes. Acting on the dentist’s order, a staff person may phone in a
prescription for a patient, documenting the prescription in the patient’s record. It
is NOT permissible for a staff person to order controlled substances from a
wholesaler using the dentist’s DEA number when the drugs are not authorized by the
dentist.
What
happens in the event of the death of a dentist before
his practice is sold?
The Board will allow a reasonable period of time for the family to sell the
practice, but no one other than a licensed dentist may continue to operate the practice in
the interim or receive profits from it. The practice may NOT be controlled
or managed by the family, nor may a dentist be hired to continue operating the practice
until it is sold unless the dentist takes control of the entire practice and its profits.
The office space and equipment may be leased for a pre-established fee.
May I
use the name of a retired dentist as part of
the practice name?
North
Carolina law requires all dentists to practice under their own names. When a practice is
sold, the buyer MUST change the name of the practice. A dentist who
retires from a practice and continues to perform consulting services may have his name
included.
May a
dentist or hygienist who holds a license in another
state work in North Carolina?
ONLY after obtaining a provisional license! A person who has been
licensed and in good standing in another state for at least two years is eligible to apply
for a provisional license. Should one of these individuals approach you about employment,
be sure (perhaps by calling the Board office) that they have applied for or obtained a
provisional license. The Board issues actual licenses to provisional licensees and the
license restricts the holder to a specific practice location. The employer, or supervising
dentist, must write a letter to the Board stating his/her intent to hire the person who is
applying for a provisional license.
May a
dentist refuse treatment to pregnant women on
the basis of an inability to obtain
radiographs?
A dentist should use his/her professional judgment when rendering
care
to all patients. Pregnancy should not necessarily preclude dental
treatment and care should be taken to minimize risk to the patient.
Must a
dentist examine every patient who receives a
routine prophylaxis?
Not necessarily. The law requires that a hygienist work under
"the
dentist's
order, control and approval." The law, as it is worded, does
give the dentist
the prerogative to determine whether a complete examination is necessary
at a given visit; however, that determination does not relieve him of his
responsibility for the oral health care of the
patient. A patient may not be
charged for an examination if the dentist
does not examine the patient,
and the examination must be thorough.
May a
dental practice use a trade name?
No. At this time, anyone who practices dentistry under any name other than
his/her own is guilty of a Class I misdemeanor. If any descriptive phrase is used in
connection with a practice, the dentist’s name must always appear along with it.
(Telephone book listings must use the dentist's name and phones must be answered by using
the dentist(s) name(s) or by saying "dental office."
The law provides that all licensees must display "in a conspicuous
location" their license and current renewal certificate. Duplicate licenses and
renewal certificates are available from the Board office upon request and payment of a
$25.00 fee for each license or renewal certificate. The
request for a duplicate license MUST
come from the licensee.
Has the
law changed concerning the supervision
of hygienists?
NO, there have been no law changes at this time. A bill was introduced in the
Legislature in 1997 and is currently in a Senate sub-committee that would effect some
changes in the Dental Hygiene Act. The bill has NOT been ratified, however, and no
changes have occurred. You will be notified by the Board office in the event there are law
or rule changes which affect you.
May an
applicant for a dental hygiene provisional license
be asked to complete a "working
interview"
before a dentist offers him/her employment?
Absolutely not. A provisional license must be issued before the hygienist may
treat any patient.
Can hygienists with provisional licenses do
"fill-in" work?
No. The license
restricts the holder to a specific practice location, so "filling in" is not
possible.
May
dental hygienists apply the "Perio Chip" ?
Yes, the application of the Perio Chip or similar antimicrobial agents
may be performed by dental hygienists,but NOT dental assistants.
May
dental hygienists and DA II’S make impressions
for bleaching trays, night guards or
mouth protectors
for athletes?
Yes, the Board has ruled that impressions for bleaching trays, night guards, etc.
are essentially study model impressions and may be accomplished by dental hygienists and
dental assistants.
May
DentiPatch and other anesthetic patches be applied
by dental hygienists or dental
assistants?
Yes, these patches deliver topical anesthetics and under the direct supervision
of a licensed dentist, any auxiliary (dental hygienist, Dental Assistant I or Dental
Assistant II) may apply them.
May
DentiPatch and other anesthetic patches be
applied by dental hygienists or dental
assistants?
Yes, these patches deliver topical anesthetics and under the direct supervision
of a licensed dentist, any auxiliary (dental hygienist, Dental Assistant I or Dental
Assistant II) may apply them.
May
dental assistants who move to North Carolina from
out-of-state take x-rays if they have
taken a radiography
course out-of-state?
Yes, but only after satisfactorily completing an equivalency exam in North
Carolina. The equivalency exam may be challenged after showing evidence of
completion of "seven hours of instruction in the production and use of dental x-rays
and an educational program of not less than seven hours in clinical dental
radiology." You must be able to prove that you have the minimal amount of training to
be eligible to take the radiology equivalency exam, or you may take a complete radiography
course prior to taking the exam.
May a
Dental Assistant II who has taken a course in coronal
polishing serve as a "hygiene
assistant"
and perform polishing after scaling is done by a
hygienist or dentist?
A Dental Assistant II who has completed a 7-hour course (3 hours didactic, 4
hours clinical) in coronal polishing may polish the clinical crowns of teeth, and may do
so following scaling by a hygienist or dentist. The dental assistant IS NOT
permitted to polish subgingivally and no separate charge may be made for the polishing
procedure.
May
dental hygienists and DA II’S make impressions
for bleaching trays, night guards or
mouth protectors
for athletes?
Yes, the Board has ruled that impressions for bleaching trays, night guards, etc.
are essentially study impressions and may be accomplished by dental hygienists and Dental
Assistants II.
Continuing education became mandatory January 1, 1995. Every year, dentists must
complete 15 hours and hygienists must complete 6 hours. In addition, every licensee is
required to maintain current CPR certification. The number of hours completed each year is
reported on the license renewal form and no documentation of course work should be sent to
the Board’s office. Each person is responsible for maintaining his/her own
documentation for at least two years of CE courses completed and must show evidence of
completing CE when requested by the Board.
Do
correspondence courses through professional
journals count toward the required CE hours?
The Board has determined that dentists and hygienists may obtain
any or all of their required hours through correspondence
or online courses which have post-tests and issue certificates of completion.
Which
courses and sponsors are approved for CE hours?
1. Courses must be related to patient care. Courses
stressing practice management or self-improvement, for example, could not count, while courses in
sterilization and infection control, pharmacology, dental materials and dental procedures
are acceptable. The Board will accept some risk
management courses.
2. Approved sponsors for CE hours include: those providers who are
recognized by the American Dental Association’s Continuing Education Recognition
Program, courses sponsored the Academy of General Dentistry, the American Dental or
American Dental Hygienists’ Association, or components of such organizations, the
North Carolina Area Health Education Centers, educational institutions with dental or
dental hygiene schools or departments, and national, state, or local societies or
associations. (Study clubs are considered "associations".)
3. Approved sponsors for dentists CE hours include: those recognized by
the Continuing Education Program of the American Dental Association, the Academy of
General Dentistry, North Carolina Area Health Education Centers, educational institutions
with dental or dental hygiene schools or departments and national, state, or local
societies or associations.
4. In May, 2011, the Board has changed their rules to
require a hands-on or blended course; online courses will no
longer be accepted. The new rule
21 NCAC 16A .0101 (5) reads:
"CPR certification" means that the licensee has successfully
completed a CPR course that meets American Red Cross or American
Heart Association standards for certification and that provides
manikin testing on the subjects of cardio-pulmonary resuscitation.
The course must also cover the use of an automatic external
defibrillator, unconscious and conscious choking and rescue
breathing, provided that the foregoing requirements shall not be
interpreted in any way that violates the Americans with
Disabilities Act. The manikin testing must be provided by an
instructor who is physically present with the students.
CPR does not have to be repeated annually, if a 2 year
certification is achieved; however the certification must always
be current.
Do
retired dentists and hygienists have to take
continuing education?
The rule requiring continuing education of all licensees requires all licensed
dentists and hygienists to take CE courses. If you have a license, you must complete the
required number of hours. The only exception to this is for those dentists who have
reached an advanced age and are retired or semi-retired and are exempted from CE by the
Board. Only those individuals who request exemption and receive a Board letter indicating
that they are exempt from the CE requirement are legally exempt.
The Board defines a "retired dentist" as one who never practices; and a
"semi-retired, level I" dentist as one who practices
250 hours a year or less. A "semi-retired, level II"
dentist may practice up to 1000 hours per year, but is
responsible for half (7.5 hours) of the required CE hours.
Both levels of semi-retired dentists require current CPR.
