subchapter 16v – unprofessional conduct
SECTION .0100 – UNPROFESSIONAL CONDUCT
21 ncac 16v .0101 DEFINITION: UNPROFESSIONAL CONDUCT BY
A dentist
Unprofessional conduct by a dentist shall include the
following:
(1) Having professional discipline imposed,
including the denial of licensure, by the dental licensing authority of another
state, territory, or country; (For purposes of this Section, the surrender of a
license under threat of disciplinary action shall be considered the same as if
the licensee had been disciplined.);
(2) Intentionally presenting false or
misleading testimony, statements, or records to the Board or the Board's
investigator or employees during the scope of any investigation, or at any
hearing of the Board;
(3) Committing any act which would constitute
sexual assault or battery as defined by Chapter 14 of the North Carolina
General Statutes in connection with the provision of dental services;
(4) Violating any order of the Board previously
entered in a disciplinary hearing, or failing to comply with a subpoena of the
Board;
(5) Conspiring with any person to commit an
act, or committing an act which would tend to coerce, intimidate, or preclude
any patient or witness from testifying against a licensee in any disciplinary
hearing, or retaliating in any manner against any patient or other person who
testifies or cooperates with the Board during any investigation under the
Dental Practice or Dental Hygiene Acts;
(6) Failing to identify to a patient, patient's
guardian, or the Board the name of an employee, employer, contractor, or agent
who renders dental treatment or services upon request;
(7) Prescribing, procuring, dispensing, or
administering any controlled substance for personal use except those
prescribed, dispensed, or administered by a practitioner authorized to
prescribe them;
(8) Pre-signing blank prescription forms or
using pre-printed or rubber stamped prescription forms containing the dentist's
signature or the name of any controlled substance;
(9) Forgiving the co-payment provisions of any
insurance policy, insurance contract, health prepayment contract, health care
plan, or nonprofit health service plan contract by accepting the payment
received from a third party as full payment, unless the dentist discloses to
the third party that the patient's payment portion will not be collected;
(10) Failing to provide radiation safeguards
required by; the State Department of Health and Human Services, the federal
Occupational and Safety Health Administration, the Food and Drug Administration
and the Environmental Protection Agency;
(11) Having professional connection with or
lending one's name to the unlawful practice of dentistry;
(12) Using the name of any deceased or retired
and licensed dentist on any office door, directory, stationery, bill heading,
or any other means of communication any time after one year following the death
or retirement from practice of said dentist;
(13) Failing to comply with any provision of any
contract or agreement with the Caring Dental Professionals Program;
(14) Failing to file a truthful response to a
notice of complaint within the time allowed in the notice.
(15) Failing to notify the Board of a change in
current physical address within 10 business days.
(16) Permitting more than two dental hygienists
for each licensed dentist in the office to perform clinical hygiene tasks;
(17) Failing to produce diagnostic radiographs or
other treatment records on request of the Board or its investigator;
(18) Soliciting employment of potential patients
by live telephone solicitation or permitting or directing another to do so;
(19) Giving or paying anything of value in
exchange for a promise to refer or referral of potential patients;
(20) Failing to offer 30 days of emergency care
upon dismissing a patient from a dental practice;
(21) Withholding or refusing treatment to an
existing patient conditioned upon payment of an outstanding balance;
(22) Using protected patient health information,
as defined by 45 CFR 160.103, to solicit potential patients;
(23) Making misleading or untruthful statements
for the purpose of procuring potential patients, or directing or allowing an
employee or agent to do so;
(24) Making material false statements or
omissions in any communication with the Board or its agents regarding the
subject of any disciplinary matter under investigations by the Board;
(25) Refusing to permit a Board agent or employee
to conduct a sterilization inspection;
(26) Acquiring any controlled substance from any
source by fraud, deceit or misrepresentation.
History Note: Authority G.S. 90-28; 90-41; 90-48;
Eff. August 1, 1998;
Amended Eff. July 1, 2015; October 1, 2001; August 1,
2000.