GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	1 

SENATE BILL 665

Short Title:  Dental Hygienists.	(Public)

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Sponsors: Senator Soles.

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Referred to:  Health Care.

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April 15, 1999

A BILL TO BE ENTITLED
AN ACT AUTHORIZING DENTAL HYGIENIST LICENSURE BY CREDENTIAL AND AMENDING THE LICENSURE REQUIREMENTS FOR DENTAL HYGIENISTS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 90-221 reads as rewritten:
"§ 90-221. Definitions.
	"	"	"	"	""	"The following definitions apply in this Article:
(1)	Board. – The North Carolina State Board of Dental Examiners.
(2)	Dental hygiene. – The performance of the following functions:
a.	Complete oral prophylaxis.
b.	Application of preventive agents to oral structures.
c.	Exposure and processing of radiographs.
d.	Administration of medicaments prescribed by a licensed dentist.
e.	Preparation of diagnostic aids and written records of oral conditions for interpretation by the dentist.
f.	Any other functions permitted by rules of the Board consistent with this Article.
(3)	Dental hygienist. – A person who is a graduate of a program accredited by the American Dental Association Commission on Dental Accreditation and a Board-approved school of dental hygiene, who has been licensed by the Board, and who practices dental hygiene as prescribed by the Board.
(4)	License. – A certificate issued to any applicant upon completion of requirements for admission to practice dental hygiene.
(5)	Licensee. – A person who has been issued a license by the Board to practice dental hygiene.
(6)	Renewal certificate. – The annual certificate of renewal of license to continue practice of dental hygiene in the State.
(7)	Supervision. – Acts are deemed to be under the supervision of a licensed dentist when performed in a locale where a licensed dentist is physically present during the performance of the acts and  the acts are performed pursuant to the dentist's order, control, and approval."
Section 2. G.S. 90-223(a) reads as rewritten:
"(a)	The Board is authorized and empowered to:
(1)	Conduct examinations for licensure.
(2)	Issue licenses.
(3)	Issue annual renewal certificates.
(4)	Renew expired licenses."
Section 3. G.S. 90-223(b) reads as rewritten:
"(b)	The Board shall have the authority to make or amend rules and regulations not inconsistent with this Article governing the practice of dental hygiene and the granting, revocation, and suspension of licenses of dental hygienists.
(1)	Any rule promulgated or amended under this Article shall be filed and distributed in accordance with the provisions of Article 5 of Chapter 150B of the General Statutes of North Carolina. A copy must be distributed to all licensed dentists and all licensed dental hygienists within 30 days of final approval by the Board.
(2)	The Board shall issue every two years a compilation or supplement of the Dental Hygiene Act and the Board rules and regulations, and, upon written request therefor, a directory of dental hygienists to each licensed dentist and dental hygienist."
Section 4. G.S. 90-226 reads as rewritten:
"§ 90-226. License by credential.
	The Board shall issue a license to practice dental hygiene to any person who is licensed to practice dental hygiene anywhere in the United States, or in any country, territory, or other recognized jurisdiction, if the Board shall determine that the licensing jurisdiction imposed upon the person requirements for licensure no less exacting than those imposed by this State and the person has graduated from a program accredited by the American Dental Association Commission on Dental Accreditation.  
 				."
Section 5. G.S. 90-227 reads as rewritten:
"§ 90-227. Renewal certificates.
(a)	The Board shall issue annual renewal certificates to licensed dental hygienists who have completed a minimum of six hours of continuing education approved by the Board and have successfully completed a course in cardiopulmonary resuscitation.
(b)	The Board shall have the authority to establish in its rules and regulations:
(1)	The form of application for renewal certificates.
(2)	The time the application must be submitted.
(3)	The type of certificate to be issued.
(4)	How the certificate must be displayed.
(5)	The penalty for late application.
(6)	The automatic loss of license if applications are not submitted."
Section 6. G.S. 90-229 reads as rewritten:
"§ 90-229.  Disciplinary measures.
	The Board shall have the power and authority to (i) refuse to issue a license to practice dental hygiene; (ii) refuse to issue a certificate of renewal to practice dental hygiene; (iii) revoke or suspend a license to practice dental hygiene; and (iv) invoke such other disciplinary measures, censure, or probative terms against a licensee as it deems proper in any instances in which the Board is satisfied that the applicant or licensee:
(1)	Has engaged in any acts of fraud, deceit, or misrepresentation in obtaining or attempting to obtain a license or the renewal thereof.
(2)	Has been convicted of any of the criminal provisions of this  Article or has entered a plea of guilty or nolo contendere to any charges arising therefrom.
(3)	Has been convicted of or entered a plea of guilty or nolo contendere to any felony charge or to any misdemeanor charge involving moral turpitude.
(4)	Is a chronic or persistent user of intoxicants, drugs, or narcotics to the extent that the same impairs his or her ability to  practice dental hygiene.
(5)	Is incompetent in the practice of dental hygiene.
(6)	Has engaged in any act or practice violative of any of the provisions of this Article or violative of any of the rules and regulations promulgated and adopted by the Board, or has  aided, abetted, or assisted any other person or entity in the  violation of the same.
(7)	Has practiced any fraud, deceit, or misrepresentation upon the public or upon any individual in an effort to acquire or retain any patients.
(8)	Has made fraudulent or misleading statements pertaining to his or her skill, knowledge, or method of treatment or practice.
(9)	Has committed any fraudulent or misleading acts in the practice of dental hygiene.
(10)	Has, in the practice of dental hygiene, committed acts constituting malpractice.
(11)	Has employed a person not licensed in this State to do or perform any act or service, or has aided, abetted, or assisted any unlicensed person to do or perform any act or service that cannot lawfully be done or performed by the person.
(12)	Has engaged in any unprofessional conduct as the same may be from time to time, defined by the rules and regulations of the Board.
(13)	Is mentally, emotionally, or physically unfit to practice dental hygiene or is afflicted with such a physical or mental disability as to be deemed dangerous to the health and welfare of patients. An adjudication of mental incompetency in a court of competent jurisdiction or a determination thereof by other lawful means shall be conclusive proof of unfitness to practice dental hygiene unless or until such person shall have been subsequently lawfully declared to be mentally competent.
	""."
Section 7. G.S. 90-231 reads as rewritten:
"§ 90-231.  Opportunity for licensee or applicant to have hearing.
(a)	With the exception of applicants for reinstatement after revocation, every applicant for a license to practice dental hygiene or licensee shall, after notice, have an opportunity to be heard before the Board shall take any action the effect of which would be:
(1)	To deny permission to take an examination for licensing for which application has been duly made.
(2)	To deny a license after examination for any cause other than failure to pass an examination.
(3)	To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee.
(4)	To suspend a license.
(5)	To revoke a license.
	(7)	To invoke any other disciplinary measures, censure, or probative terms against a licensee.
Proceedings under this section shall be conducted in accordance with the provisions of Chapter 150B of the General Statutes.
(b)	In lieu of or as a part of such hearing and subsequent proceedings the Board is authorized and empowered to enter any consent order relative to the discipline, censure, or probation of a licensee or an applicant for a license or relative to the revocation or suspension of a license.
(c)	Following the service of the notice of hearing as required by Chapter 150B of the General Statutes, the Board and the person upon whom such notice is served shall have the right to conduct adverse examinations, take depositions, and engage in such further discovery proceedings as are permitted by the laws of this State in civil matters. The Board is hereby authorized and empowered to issue such orders, commissions, notices, subpoenas, or other process as might be necessary or proper to effect the purposes of this subsection; provided, however, that no member of the Board shall be subject to examination hereunder."
Section 8. G.S. 90-232 reads as rewritten:
"§ 90-232. Fees.
In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina State Board of Dental Examiners, it is authorized to charge and collect fees established by its rules and regulations not exceeding the following:
(1)	Each applicant for examination	$125.00
(2)	Each renewal certificate, which fee shall be annually fixed by the Board and not later than November 30 of each year it shall give written notice of the amount of the renewal fee to each dental hygienist licensed to practice in this State by mailing such notice to the last address of record with the Board of each such dental hygienist 60.00
(3)	Each restoration of license	60.00
(4)	Each license by credential	60.00
(5)	Each certificate of license to a resident dental hygienist desiring to change to another state or territory 25.00.
All fees shall be payable in advance to the Board and shall be disposed of by the Board in the discharge of its duties under this Article."
Section 9.  G.S. 90-233 reads as rewritten:
"§ 90-233.  Practice of dental hygiene.
(a)	A dental hygienist may practice only under the supervision of one or more licensed dentists. The provisions of this subsection shall be deemed to be complied with in the case of dental hygienists employed by the Department of Environment and Natural Resources and especially trained by that Department as public health hygienists while performing their duties in the public schools under the direction of a duly licensed dentist.
(b)	A dentist in private practice may not utilize more than two dental hygienists at one and the same time. 
(c)	Dental hygiene may be practiced only by the holder of a license currently in effect and duly issued by the Board. The following acts, practices, functions, or operations, however, shall not constitute the practice of dental hygiene within the meaning of this Article:
(1)	The teaching of dental hygiene in a school or college approved by the Board in a board-approved program by an individual licensed as a dental hygienist in any state in the United States.
(2)	Activity which would otherwise be considered the practice of dental hygiene performed by students enrolled in a school or college approved by the Board in a board-approved dental hygiene program under the direct supervision of a dental hygienist or a dentist duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of G.S. 90-29(c)(3), acting as an instructor.
(3)	Any acts performed by an assistant to a dentist licensed to practice in this State when said act or acts are authorized and permitted by and performed in accordance with rules and regulations promulgated by the Board.
(4)	Dental assisting and related functions as a part of their instructions by students enrolled in a course in dental assisting conducted in this State and approved by the Board, when such functions are performed under the supervision of a dentist acting as a teacher or instructor who is either duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of G.S. 90-29(c)(3)."
Section 10.  This act is effective when it becomes law.