Section .0100 - General Provisions

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 16 - dental examiners/subchapter c/subchapter c rules.html
Published: 2015

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SUBCHAPTER 16C - LICENSURE DENTAL HYGIENISTS

 

SECTION .0100 - GENERAL PROVISIONS

 

21 NCAC 16C .0101          LICENSURE

(a)  All dental hygienists shall be licensed by the North

Carolina State Board of Dental Examiners before practicing dental hygiene in

this state.

(b)  The examination requirement does not apply to persons

who do not hold a North Carolina dental hygiene license who are seeking

volunteer licenses pursuant to G.S. 90-21.107 or license by endorsement

pursuant to Rules 16G .0107 or .0108 of this Chapter.

(c)  All dental hygienists shall maintain current CPR

certification at all times.

 

History Note:        Authority G.S. 90-223; 90-224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; September 1, 2013; June

1, 2006; May 1, 1989; January 1, 1983.

21 NCAC 16C .0102          NO RECIPROCAL

ARRANGEMENT

The Board does not grant any licenses by reciprocity.

 

History Note:        Authority G.S. 90‑223; 90‑224;

90‑226;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. May 1, 1989.

 

 

 

 

SECTION .0200 ‑ QUALIFICATIONS

 

 

21 NCAC 16C .0201          IN GENERAL

 

History Note:        Authority G.S. 90‑28; 90‑48;

90‑223; 90‑224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Repealed Eff. May 1, 1989.

 

 

 

21 NCAC 16C .0202          STUDENT MAY APPLY

The Board shall accept dental hygienist applications from

students currently enrolled in schools of dental hygiene. Applications shall

automatically be denied if the applicant fails to complete the required course

of study or fails a Board approved licensure examination.

 

History Note:        Authority G.S. 90-223; 90-224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; June 1, 2006; May 1,

1989.

 

21 ncac 16c .0203          TRANSCRIPTS REQUIRED

 

History Note:        Authority G.S. 90‑223; 90‑224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. April 1, 2003; January 1, 1994; May 1, 1989;

Repealed Eff. June 1, 2006.

 

SECTION .0300 - APPLICATION

 

21 NCAC 16C .0301          APPLICATION FOR LICENSURE

(a)  All applications for licensure shall be made on the

forms furnished by the Board at www.ncdentalboard.org and no application shall

be deemed complete that does set forth all the information required relative to

the applicant. Incomplete applications shall be returned to the applicant.  Any

applicant who changes his or her address shall notify the Board office within

10 business days.  Applicants shall ensure that proof of graduation from high

school or its equivalent is sent to the Board office in a sealed envelope.

Applicants shall also ensure that an official final transcript from a dental

hygiene program as set forth in G.S. 90-224 is sent in a sealed envelope to the

Board office.

(b)  The nonrefundable application fee shall accompany the

application.

(c)  Applicants who are licensed in other states shall

ensure that the Board receives verification of licensure from the board of each

state in which they are licensed.  A photograph of the applicant, taken within

six months prior to the date of the application, shall be affixed to the

application.

(d)  All applicants shall submit to the Board a signed

release form and completed Fingerprint Record Card and other form(s) required

to perform a criminal history check at the time of the application. The form

and card are available from the Board office.

(e)  All applicants shall arrange for and ensure the

submission to the Board office the examination scores required by Rule .0303 of

this Subchapter.  The examination requirement does not apply to individuals who

do not hold a North Carolina dental hygiene license who are seeking volunteer

licenses pursuant to G.S. 90-21.107 or licensure by endorsement pursuant to

Rules 16G .0107 or 16G .0108 of this Chapter.

(f)  All applicants must include a statement disclosing and

explaining periods within the last 10 years of any voluntary or involuntary

commitment to any hospital or treatment facility, observation, assessment, or

treatment for substance abuse, with verification demonstrating that the

applicant has complied with all provisions and terms of any drug treatment

program, or impaired dental hygienists or other impaired professionals program.

(g)  All applicants for dental hygiene licensure shall

achieve a passing score on the Dental Hygiene National Board examination

administered by the Joint Commission on National Dental Examinations.

 

History Note:        Authority G.S. 90-223; 90-224;

90-229(a)(4);

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; September 1, 2013; June

1, 2006; May 1, 1989.

 

21 NCAC 16C .0302          CONSENT FOR BOARD INVESTIGATION

In making application, the applicant authorizes the Board to

verify the information contained in the application or to seek such further

information pertinent to the applicant's qualifications or character as the

Board may deem proper.  The applicant consents that his or her character and

reputation may be inquired into, and waives any right he or she may have to

recover damages against the Board, any member thereof, or its agents, or from

any person who answers a Board inquiry in good faith without malicious intent.

 

History Note:        Authority G.S. 90‑223; 90‑224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16C .0303          BOARD APPROVED EXAMINATIONS

(a)  All applicants for dental hygiene licensure shall

achieve passing scores on the Board's sterilization and jurisprudence

examinations.  Reexamination on the written examinations shall be governed by

Rule .0311 of this Section.

(b)  All applicants for dental hygiene licensure shall

achieve passing scores on written and clinical examinations administered by

Board approved testing agencies.

(c)  Clinical testing agencies shall permit Board

representation on the Board of Directors and the Examination Review Committee

or equivalent committee and allow Board input in the examination development

and administration.

(d)  The clinical examination shall:

(1)           be substantially equivalent to or an

improvement to the clinical licensure examination most recently administered by

the Board;

(2)           include procedures performed on human

subjects as part of the assessment of clinical competency;

(3)           include probing, supra and subgingival

scaling and soft tissue management; and

(4)           provide the following:

(A)          anonymity between applicants and examination

graders;

(B)          standardization and calibration of graders;

(C)          a mechanism for post exam analysis;

(D)          conjunctive scoring, which is scoring that requires

applicants to earn a passing grade on all sections or areas tested and that does

not allow weighted, averaged or overall scoring to compensate for failures in

individual subject areas;

(E)           a minimum passing score for each subject area

tested;

(F)           an annual review of the examination;

(G)          a task analysis performed once every seven years

that surveys dentists nationwide to determine the content domain to be scored

and how the sections of the examination are scored;

(H)          a defined system of quality assurance to ensure

uniform, consistent administration of the examination at each testing site; and

(I)            does not permit a dental hygiene instructor to

grade candidates at any institution at which the instructor is employed on a

full time basis.

(e)  The Board shall accept examination scores for five

years following the date of the examination.  Each applicant shall arrange for

and ensure the submission to the Board office the applicant's scores. 

Individuals who apply for licensure more than five years after the examination

date must re-take the examination.

Each applicant shall arrange for and ensure that the

applicant's scores are submitted to the Board office.  The applicant shall

comply with all requirements of such testing agency in applying for and taking

the examination.

(f)  The Board shall specify the agencies that will conduct

Board approved licensure examinations.

 

History Note:        Authority G.S. 90-224;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; June 1, 2009; June 1,

2006; May 1, 1989; March 1, 1988.

 

21 NCAC 16C .0304          OTHER REQUIREMENTS

21 ncac 16c .0305          TIME FOR FILING

21 NCAC 16C .0306          EXAMINATIONS

21 NCAC 16C .0307          CLINICAL EXAMINATION

21 NCAC 16C .0308          SUPPLIES

21 NCAC 16C .0309          PATIENT

21 ncac 16c .0310          REEXAMINATION

 

History Note:        Authority G.S. 90-223; 90-224; 90-229;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. August 1, 2002; January 1, 1994; May 1,

1991; May 1, 1989; March 1, 1988; October 1, 1986; January 1, 1983;

Temporary Amendment Eff. January 1, 2003;

Amended Eff. January 1, 2004; April 1, 2003;

Repealed Eff. June 1, 2006.

 

21 NCAC 16C .0311          REEXAMINATION

(a)  Any applicant who passed the written examination but

failed the clinical portion of any Board approved examination shall also

re-take the written examination unless the applicant successfully passes the

clinical examination within one year of passing the written examination.  The

Board shall not accept scores from the written examination that are more than

one year old.

(b)  Any applicant who failed the written examination may

retake the written portion of the examination two additional times during a one

year period and need not retake the clinical portion of the examination.  The

applicant shall wait at least 72 hours before attempting to retake the written

examination.  If the applicant does not pass the written portion of the

examination upon the second reexamination, the applicant shall retake the

written and clinical portions of the examination upon subsequent reexamination.

(c)  Any applicant who failed the written or clinical

portions of the examination three times shall successfully complete an

additional Board approved course of study in the area(s) of deficiency

exhibited on the examination.  Such applicant must send evidence of the

additional study, along with the application, before being admitted for

reexamination.

 

History Note:        Authority G.S. 90-223; 90-224;

Eff. September 1, 2014.

 

SECTION .0400 – LICENSURE BY EXAMINATION CONDUCTED BY THE

BOARD

 

21 NCAC 16C .0401          APPLICATION FOR EXAMINATION CONDUCTED

BY THE BOARD

21 NCAC 16C .0402          TIME FOR FILING

21 NCAC 16C .0403          EXAMINATION CONDUCTED BY THE BOARD

21 NCAC 16C .0404          PATIENTS

AND SUPPLIES FOR BOARD CONDUCTED CLINICAL EXAMINATION

21 NCAC 16C .0405          BOARD CONDUCTED REEXAMINATION

 

History Note:        Authority G.S. 90-223; 90-224; 90-224.1;

Eff. June 1, 2006;

Amended Eff. July 1, 2010; February 1, 2008;

Repealed Eff. September 1, 2014.

 

SECTION .0500 – LICENSURE BY CREDENTIALS

 

21 NCAC 16C .0501          DENTAL HYGIENE LICENSURE BY

CREDENTIALS

(a)  An applicant for a dental hygiene license by

credentials shall submit to the Board:

(1)           a completed, notarized application form

provided by the Board;

(2)           the nonrefundable licensure by credentials

fee;

(3)           an affidavit from the applicant stating for

the two years immediately preceding the application:

(A)          the dates that and locations where the applicant has

practiced dental hygiene;

(B)          that the applicant has provided at least 2000 hours

of clinical care directly to patients; and

(C)          that the applicant has continuously held an active,

unrestricted dental hygiene license issued by another U.S. state or any U.S.

territory.

(4)           a statement disclosing and explaining any

disciplinary actions, investigations, malpractice claims, state or federal

agency complaints, judgments, settlements, or criminal charges;

(5)           a statement disclosing and explaining

periods within the last 10 years of any voluntary or involuntary commitment to

a  hospital or treatment facility, observation, assessment, or treatment for

substance abuse, with verification demonstrating that the applicant has

complied with all provisions and terms of any county or state drug treatment

program, or impaired dental hygiene or other impaired professionals program;

and

(6)           a copy of a current CPR certificate.

(b)  In addition to the requirements of Paragraph (a) of

this Rule, an applicant for a dental hygiene license by credentials shall

arrange for and ensure the submission to the Board office the following

documents as a package, with each document in an unopened envelope sealed by

the entity involved:

(1)           official transcripts certifying that the

applicant graduated from a dental hygiene program accredited by the Commission

on Dental Accreditation of the American Dental Association;

(2)           if the applicant is or has ever been

employed as a dental hygienist by or under contract with a federal agency, a

letter certifying the applicant's current status and disciplinary history from

each federal agency where the applicant is or has been employed or under

contract;

(3)           a certificate of the applicant's licensure

status from the regulatory authority or other occupational or professional

regulatory authority and a full, fair and accurate disclosure of all

disciplinary actions taken or investigations pending, from all licensing

jurisdictions where the applicant holds or has ever held a dental hygiene

license or other occupational or professional license;

(4)           a report from the National Practitioner

Databank;

(5)           a report of any pending or final

malpractice actions against the applicant verified by the malpractice insurance

carrier covering the applicant.  The applicant shall submit a letter of

coverage history from all current and all previous malpractice insurance

carriers covering the applicant;

(6)           the applicant's passing score on the

National Board Dental Hygiene Examination administered by the Joint Commission

on National Dental Examinations; and

(7)           the applicant's passing score on the

licensure examination conducted by a regional testing agency or independent

state licensure examination that is substantially equivalent to the clinical

licensure examination required in North Carolina as set out in Rule .0303 of

this Subchapter.

(c)  All information required shall be completed and

received by the Board office as a complete package with the initial application

and application fee.  Incomplete applications shall be returned to the

applicant.

(d)  All applicants shall submit to the Board a signed

release form, completed Fingerprint Record Card, and other form(s) required to

perform a criminal history check at the time of the application.  The forms are

available from the Board office.

(e)  An applicant for dental hygiene licensure by

credentials shall pass written examinations and, if deemed necessary based on

the applicant's history, a clinical simulation examination administered by the

Board.  If the applicant fails the written examinations, the applicant may

retake the examination two additional times during a one year period, as

required by Rule .0311 of this Subchapter.  Applicants who fail the clinical

examination or who do not pass the written examination after three attempts

within one year may not reapply for licensure by credentials.

(f)  Should the applicant reapply for licensure by

credentials, an additional licensure by credentials fee shall be required at

the time of reapplication.

(g)  Any license obtained through fraud or by any false

representation shall be void ab initio and of no effect.

 

History Note:        Authority G.S. 90-223; 90-224.1; 90-229;

Temporary Adoption Eff. January 1, 2003;

Eff. January 1, 2004;

Recodified from Rule .0401 Eff. June 1, 2006;

Amended Eff. September 1, 2014; February 1, 2010.

 

section .0600 – reinstatement of dental hygiene license

 

21 NCAC 16C .0601          PROOF OF COMPETENCY

(a)  All applications for reinstatement shall be made on the

forms furnished by the Board at www.ncdentalboard.org and no application shall

be deemed complete that does not set forth all the information required

relative to the applicant. Incomplete applications shall be returned to the

applicant.  Any applicant who changes his or her address shall notify the Board

office within 10 business days.

(b)  The reinstatement fee shall accompany the application.

(c)  All applicants for reinstatement whose North Carolina

license has been revoked, suspended, inactive or lapsed for more than five

years must successfully pass the clinical examination given to first-time

applicants before seeking reinstatement.

(d)  Applicants for reinstatement whose North Carolina license

has been revoked, suspended, inactive or lapsed for two to five years may, at

the Board's discretion, be required to take refresher courses as specified by

the Board. Refresher courses may be required if the Board determines, based

upon the facts of the case, that the applicant may lack skills or knowledge to

practice dental hygiene competently.  Refresher courses for individuals whose

licenses have been revoked or suspended shall relate to the deficiencies that

led to the imposition of discipline.  Refresher courses for individuals whose

licenses have been inactive or lapsed shall take into account the amount of

time the license has been inactive or lapsed and the individual's level of

experience.

(e)  Applicants who are licensed in other states shall ensure

that the Board receives verification of licensure from the board of each state

in which they are licensed.

(f)  Applicants whose North Carolina license has been

revoked, suspended, inactive or lapsed for more than one year shall submit to

the Board a signed release form, completed Fingerprint Record Card, and such

other form(s) required to perform a criminal history check at the time of the

application for reinstatement.  The form and card are available from the Board

office.

(g)  Applicants shall provide proof of continuing education

in clinical patient care, by Board-approved sponsors, equal to the number of

hours currently required for the renewal of a dental hygiene license and

current CPR certification.

(h)  Two letters of character reference from non-family

members.

(i)  A report from the National Practitioner Databank.

 

History Note:        Authority G.S. 90-223; 90-224; 90-229;

Eff. September 1, 2014.