subchapter 16v – unprofessional conduct

Link to law: 21 - occupational licensing boards and commissions/chapter 16 - dental examiners/subchapter v/21 ncac 16v .0101.html
Published: 2015

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subchapter 16v – unprofessional conduct





A dentist

Unprofessional conduct by a dentist shall include the


(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


(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,