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 b/subchapter b rules.html
Published: 2015

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SUBCHAPTER 16B - LICENSURE DENTISTS

 

section .0100 - GENERAL PROVISIONS

 

21 NCAC 16B .0101          EXAMINATION REQUIRED; EXEMPTIONS

(a)  All persons desiring to practice dentistry in North Carolina

are required to pass a Board approved, as set forth in these Rules, written and

clinical examinations before receiving a license.

(b)  The examination requirement does not apply to persons

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

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

Rules .1001 and .1002 of this Subchapter.

(c)  All persons practicing dentistry in North Carolina

shall maintain current CPR certification at all times.

 

History Note:        Authority G.S. 90-21.107; 90-28; 90-30;

90-36; 90-38; 90-48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

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

1, 2006; May 1, 1991; May 1, 1989; January 1, 1983.

21 NCAC 16B .0102          NO RECIPROCAL

ARRANGEMENT

The Board does not grant any licenses by reciprocity.

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑36; 90‑48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. May 1, 1989.

 

 

 

 

SECTION .0200 - QUALIFICATIONS

 

21 NCAC 16B .0201          IN GENERAL

(a)  An applicant for licensure as a dentist shall be a

graduate of and have a DMD or DDS degree from a university or college

accredited by the Commission on Dental Accreditation of the American Dental

Association.

(b)  Graduates of foreign colleges may apply for licensure

after completing at least two years in a dental school accredited by the

Commission on Accreditation of the American Dental Association, graduating with

a DMD or DDS degree from that dental school, and passing Board approved written

and clinical examinations, as set out in these Rules.

 

History Note:        Authority G.S. 90-28; 90-30; 90-48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; August 1, 2009; March 1,

2006; May 1, 1989; October 1, 1986.

 

21 NCAC 16B .0202          STUDENT MAY APPLY

Applications for a dental license shall be accepted from

students currently enrolled in schools of dentistry accredited by the

Commission on Dental Accreditation of the American Dental Association. 

Applications shall be automatically denied if the applicant fails to complete

the required course of study or fails a Board approved licensure examination.

 

History Note:        Authority G.S. 90-28; 90-30; 90-48;

Eff. September 3, 1976;

Readopted Eff. March 1, 2006; September 26, 1977;

Amended Eff. September 1, 2014.

 

21 NCAC 16B .0203          TRANSCRIPTS REQUIRED

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. May 1, 1989;

Repealed Eff. March 1, 2006.

 

SECTION .0300 - APPLICATION FOR LICENSURE

 

21 NCAC 16B .0301          APPLICATION FOR LICENSURE

(a)  All applications 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 required information.  Incomplete

applications will 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 official transcripts of undergraduate college and dental

school are 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.

(d)  A photograph of the applicant, taken within six months

prior to the date of the application, shall be affixed to the application.

(e)  All applicants 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.  The

form and card are available from the Board office.

(f)  All applicants shall arrange for and ensure the

submission to the Board office the examination scores as required by Rule .0303(b)

of this Subchapter, if applicable.  The examination requirement does not apply

to individuals who do not hold a North Carolina dental license and who are

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

endorsement pursuant to Rules .1001 or .1002 of this Subchapter.

(g)  All applicants shall 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 dentists or other impaired professionals program.

 

History Note:        Authority G.S. 90-28; 90-30; 90-39; 90-48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. September 1, 2014; March 1, 2006.

 

21 NCAC 16B .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 character and

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

damages against the Board, any member thereof or its agents, or any person who

answers a Board inquiry in good faith and without malicious intent.

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. May 1, 1989.

 

 

 

21 NCAC 16B .0303          Board approved EXAMINATIONS

(a)  All applicants for dental licensure shall achieve

passing scores on the Board's sterilization and jurisprudence examinations. 

Reexamination on the written examinations shall be governed by Rule .0317 of

this Section.

(b)  All applicants for dental licensure shall achieve

passing scores on Parts I and II of the Dental National Board examination

administered by the Joint Commission on National Dental Examinations and written

and clinical examinations administered by the Board or Board approved testing agencies.

(c)  Test development 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 restorative clinical competencies;

(3)           include evaluations in clinical

periodontics and at least three of the following subject matter areas:

(A)          endodontics, clinical abilities testing;

(B)          amalgam preparation and restoration;

(C)          anterior composite preparation and restoration;

(D)          posterior ceramic or composite preparation and

restoration;

(E)           prosthetics, written or clinical abilities testing;

(F)           oral diagnosis, written or clinical abilities

testing; or

(G)          oral surgery, written or clinical abilities testing;

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 at least once every seven

years, which surveys dentists nationwide to determine the content of the examination;

(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 instructor to grade

candidates at any institution at which the instructor is employed.

(e)  The Board shall accept examination scores for five

years following the date of such examinations.  Each applicant shall arrange

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

who apply more than five years after the examination date to seek licensure

must re-take the examination.

(f)  The applicant shall comply with all requirements of the

testing agency in applying for and taking the examination.

(g)  The Board shall determine which examinations meet the

criteria set out in Paragraph (d) of this Rule.

 

History Note:        Authority G.S. 90-30; 90-48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

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

2006; August 1, 1998; March 1, 1988.

 

21 ncac 16b .0304          OTHER REQUIREMENTS

21 ncac 16b .0305          TIME FOR FILING

21 NCAC 16B .0306          FOREIGN GRADUATES

21 NCAC 16B .0307          EXAMINATIONS

21 NCAC 16B .0308          PATIENTS AND SUPPLIES FOR CLINICAL

EXAM

21 NCAC 16B .0309          SCOPE OF CLINICAL EXAMINATION

 

History Note:        Authority G.S. 90‑28; 90‑30;

90-41; 90‑48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. August 1, 2002 August 1, 1998; 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. March 1, 2006.

 

21 NCAC 16B .0310          CLINICAL OPERATIVE DENTISTRY

21 NCAC 16B .0311          ORAL SURGERY: RADIOGRAPHS:

INTERPRETATION AND DIAGNOSIS

21 NCAC 16B .0312          REMOVABLE PROSTHODONTICS

21 NCAC 16B .0313          PERIODONTICS

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑48;

Eff. September 3, 1976;

Readopted Eff. September 26, 1977;

Amended Eff. January 1, 1983;

Repealed Eff. October 1, 1986.

 

 

 

21 NCAC 16B .0314          SIMULATED CLINICAL PROCEDURES

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑48;

Eff. January 1, 1983;

Repealed Eff. October 1, 1986.

 

 

 

21 ncac 16b .0315          REEXAMINATION

 

History Note:        Authority G.S. 90-28; 90-30; 90-48;

Eff. January 1, 1983;

Amended Eff. April 1, 2003; August 1, 2002; May 1, 1991;

May 1, 1989; October 1, 1986;

Repealed Eff. March 1, 2006.

 

21 NCAC 16B .0316          ORAL EXAMINATION: INSTRUCTORS

 

History Note:        Authority G.S. 90‑28; 90‑30;

90‑48;

Eff. October 1, 1986;

Repealed Eff. May 1, 1989.

 

 

 

 

 

21 ncac 16b .0317          REEXAMINATION

(a)  Any applicant who has passed the written examination

but has failed the clinical examination must also re-take the written

examination unless the applicant successfully passes the clinical examination

within one year after passing the written examination.  The Board will not

accept scores from the written portion of the examination that are more than

one year old.

(b)  Any applicant who has failed the written portion of the

examination may retake the written portion of the examination two additional

times during the 12 month period from the date of the initial examination.  The

applicant must wait a minimum of 72 hours before attempting to retake a written

examination.

(c)  Any applicant who has failed the written portion 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. 90-28; 90-30; 90-48;

Eff. November 1, 2008;

Amended Eff. September 1, 2013.

 

SECTION .0400 – LICENSURE

BY BOARD CONDUCTED EXAMINATION

 

21 NCAC 16B .0401          APPLICATION FOR BOARD CONDUCTED

EXAMINATION

21 NCAC 16B .0402          TIME FOR FILING

21 NCAC 16B .0403          EXAMINATION conducted by the board

21 NCAC 16B .0404          PATIENTS

AND SUPPLIES FOR BOARD CONDUCTED CLINICAL EXAMINATION

21 NCAC 16B .0405          SCOPE OF BOARD CONDUCTED CLINICAL

EXAMINATION

 

History Note:        Authority G.S. 90-28; 90-30; 90-39; 90-41;

90-48;

Eff. March 1, 2006;

Amended Eff. February 1, 2008;

Repealed Eff. September 1, 2014.

 

21 ncac 16b .0406          BOARD CONDUCTED REEXAMINATION

 

History Note:        Authority

G.S. 90-28; 90-30; 90-48;

Eff. April 1, 2006;

Repealed Eff. September 1, 2014.

 

SECTION .0500 – LICENSURE BY CREDENTIALS

 

21 ncac 16b .0501          DENTAL LICENSURE BY CREDENTIALS

(a)  An applicant for a dental license by credentials shall

submit to the Board:

(1)           a completed, notarized application form

provided by the Board;

(2)           the non-refundable licensure by credentials

fee;

(3)           an affidavit from the applicant stating for

the five years immediately preceding the application:

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

practiced dentistry;

(B)          that the applicant has provided at least 5,000 hours

of clinical care directly to patients, not including post graduate training,

residency programs or an internship; and

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

unrestricted dental license issued by another U.S. state or U.S. territory;

(4)           a statement disclosing and explaining any

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

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 county or state drug treatment

program, or impaired dentists or other impaired professionals program;

(6)           a copy of a current CPR certificate; and

(7)           a statement disclosing whether or not the

applicant holds or has ever held a registration with the federal Drug

Enforcement Administration (DEA) and whether such registration has ever been

surrendered or revoked.

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

this Rule, an applicant for a dental 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 verifying that the

applicant graduated from a dental school accredited by the Commission on Dental

Accreditation of the American Dental Association;

(2)           if the applicant is or has ever been

employed as a dentist 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 dental regulatory authority or other occupational or professional

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

disciplinary action taken or investigation pending, from all licensing

jurisdictions where the applicant holds or has ever held a dental 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)           a score certification letter from a dental

professional regulatory board or regional testing agency of a passing score on

a clinical licensure examination substantially equivalent to the clinical

licensure examination required in North Carolina by Rule .0303 of this

Subchapter.  The examination shall be administered by the dental professional

regulatory board or a regional testing agency. The score certification letter

shall:

(A)          state that the examination included procedures

performed on human subjects as part of the assessment of restorative clinical

competencies and included evaluations in periodontics and at least three of the

following subject areas:

(i)            endodontics, clinical abilities testing;

(ii)           amalgam preparation and restoration;

(iii)          anterior composite preparation and restoration;

(iv)          posterior ceramic or composite preparation and

restoration;

(v)           prosthetics, written or clinical abilities

testing;

(vi)          oral diagnosis, written or clinical abilities

testing; or

(vii)         oral surgery, written or clinical abilities.

testing; and

(B)          state that licensure examinations after January 1,

1998 included:

(i)            anonymity between candidates and examination

graders;

(ii)           standardization and calibration of graders; and



(iii)          a mechanism for post exam analysis;

(7)           the applicant's passing score on the Dental

National Board Part I and Part II written examination administered by the Joint

Commission on National Dental Examinations; and

(8)           the applicant's passing score on the

licensure examination in general dentistry conducted by a regional testing

agency or independent state licensure examination substantially equivalent to

the clinical licensure examination required in North Carolina as set out in

Subparagraph (b)(6) of this Rule.

(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 at the Board office.

(e)  An applicant for dental licensure by credentials must

pass written examinations as set out in G.S. 90-36 and, if deemed necessary

based on the applicant's history, a clinical simulation examination

administered by the Board. An applicant who fails the written examination may

retake it two additional times during a one year period. The applicant shall

wait at least 72 hours before attempting to retake a written examination. 

Individuals who fail the clinical examination or 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 each 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. 90-28; 90-36;

Temporary Adoption Eff. January 1, 2003;

Eff. January 1, 2004;

Recodified from 21 NCAC 16B .0401 Eff. March 1, 2006;

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

 

SECTION .0600 – LIMITED VOLUNTEER DENTAL LICENSE

 

21 NCAC 16B .0601          LIMITED VOLUNTEER DENTAL LICENSE

(a)  An applicant for a limited volunteer dental license

shall submit to the Board:

(1)           a completed, notarized application form

provided by the Board;

(2)           the non-refundable limited volunteer dental

licensure fee;

(3)           an affidavit from the applicant stating:

(A)          for the five years immediately preceding

application, the dates that and locations where the applicant has practiced

dentistry;

(B)          that the applicant has provided at least 1,000 hours

per year of clinical care directly to patients for at least five years, not

including post graduate training, residency programs or an internship; and

(C)          that the applicant has provided at least 500 hours

of clinical care directly to patients within the last five years, not including

post graduate training, residency programs or an internship;

(4)           a statement disclosing and explaining periods

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

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

substance abuse, with verification from the applicable program demonstrating

that the applicant has complied with all provisions and terms of any county or

state drug treatment program, or impaired dentists or other impaired

professionals program; and

(5)           a copy of a current CPR certification card.

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

this Rule, an applicant for a limited volunteer dental license 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 verifying that the

applicant graduated from a dental school accredited by the Commission on Dental

Accreditation of the American Dental Association;

(2)           a certificate of the applicant's licensure

status from the dental regulatory authority or other occupational or

professional regulatory authority and, if applicable, of the applicant's

authorization to treat veterans or personnel enlisted in the United States

armed services, and information regarding all disciplinary actions taken or

investigations pending, from all licensing jurisdictions where the applicant

holds or has ever held a dental license or other occupational or professional

license;

(3)           a report from the National Practitioner

Databank;

(4)           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;

(5)           the applicant's passing score on the Dental

National Board Part I and Part II written examination administered by the Joint

Commission on National Dental Examinations; and

(6)           the applicant's passing score on a

licensure examination in general dentistry substantially equivalent to the

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

of this Subchapter, conducted by a regional testing agency or a state licensing

board.

(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 such other form(s)

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

forms are available at the Board.

(e)  An applicant for limited volunteer dental license must pass

written examinations as set out in G.S. 90-37.1 and, if deemed necessary by the

Board based on the applicant's history, a clinical simulation examination

administered by the Board. An applicant who fails the written exam may retake

it two additional times during a one year period. The applicant shall wait a

minimum of 72 hours before attempting to retake a written examination.  Applicants

who fail the clinical examination or who do not pass the written examination

after three attempts in one year may not reapply for a limited volunteer dental

license.

(f)  Should the applicant reapply for a limited volunteer

dental license, an additional limited volunteer dental license fee shall be

required.

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

representation shall be void ab initio and of no effect.

(h)  The license may be renewed on an annual basis provided

that the licensee provides documentation that he or she has practiced a minimum

of 100 hours, completed continuing education requirements as required in

Subchapter 16R of these Rules and has current CPR certification.

 

History Note:        Authority G.S. 90-28; 90-37.1;

Temporary Adoption Eff. January 1, 2003;

Eff. January 1, 2004;

Recodified from 21 NCAC 16B .0501 Eff. March 1, 2006;

Amended Eff. September 1, 2014.

 

SECTION .0700 – INSTRUCTOR'S LICENSE

 

21 ncac 16b .0701          INSTRUCTOR'S LICENSE

(a)  An applicant for an instructor's license shall submit

to the Board:

(1)           a completed, notarized application form

provided by the Board at www.ncdentalboard.org.

(2)           the non-refundable instructor's licensure

fee;

(3)           a photograph of the applicant, taken within

six months prior to the date of the application, affixed to the application;

(4)           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;

(5)           a statement disclosing and explaining any

disciplinary actions, investigations, malpractice claims, state or federal

agency complaints, judgments, settlements, or criminal charges;

(6)           a statement disclosing and explaining

periods within the last ten 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 county or state drug treatment

program, or impaired dentists or other impaired professionals program; and

(7)           a current CPR card.

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

this Rule, an applicant for an instructor's license shall ensure the submission

to the Board office of the following documents as a package, with each document

in an unopened envelope sealed by the entity involved:

(1)           if the applicant is or has ever been

employed as a dentist by or under contract with an agency or organization, a

certification letter of the applicant's current status and disciplinary history

from each agency or organization where the applicant is or has been employed or

under contract;

(2)           a certificate of the applicant's licensure

status from the dental regulatory authority or other occupational or

professional regulatory authority and information regarding all disciplinary

actions taken or investigations pending, from all licensing jurisdictions where

the applicant holds or has ever held a dental license or other occupational or

professional license;

(3)           a report from the National Practitioner

Databank or its international equivalent, if applicable;

(4)           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; and

(5)           a certification letter from the dean or

director that the applicant has met or been approved under the credentialing

standards of a dental school or an academic medical center with which the

person is to be affiliated, and certification that such school or medical

center is accredited by the American Dental Association's Commission on

Accreditation or the Joint Commission on Accreditation of Health Care

Organizations.

(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)  Any applicant who changes his or her address shall

notify the Board office within 10 business days.

(e)  Should the applicant reapply for an instructor's

license, an additional instructor's license fee shall be required.

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

representation shall be void ab initio and of no effect.

(g)  The license shall be renewed on an annual basis, as set

out in 21 NCAC 16R .0102.

 

History Note:        Authority G.S. 90-28; 90-29.5;

Temporary Adoption Eff. January 1, 2003;

Eff. January 1, 2004;

Recodified from 21 NCAC 16B .0601 Eff. March 1, 2006;

Amended Eff. September 1, 2014.

 

section .0800 – special restricted licenses

 

21 NCAC 16B .0801          TEMPORARY VOLUNTEER DENTAL PERMIT

(a)  An applicant for a Temporary Volunteer Dental License

shall submit to the Board:

(1)           A completed, notarized application form

provided by the Board, with a photograph of the applicant taken within six

months of the application date attached;

(2)           A statement from all jurisdictions in which

the applicant is now or has ever been licensed, disclosing the applicant's

disciplinary history and current status of the applicant's license;

(3)           A statement signed by a N.C. licensed

dentist agreeing to provide supervision or direction to the temporary volunteer

dentist, stating where, during the effective period of the permit such

supervision or direction will occur, and affirming that no fee or monetary

compensation of any kind will be paid to the applicant for dental services

performed; and

(4)           A statement signed by the applicant stating

where the applicant will practice, the type of facility where the practice will

occur, the duration of the practice, the name of the supervising dentist, and

affirming that no fee will be charged or accepted.  The applicant shall update

the information within five days of any changes in the practice location or

facility.

(b)  All information required must be completed and received

in the Board office as a complete package at least two weeks prior to the

issuance of the license.  Incomplete applications shall be returned to the

applicant.

(c)  To renew the Temporary Volunteer Dental License the

licensee shall submit the information required in Subparagraphs (a)(2) – (4) of

this Rule, along with an affidavit stating that the information on the original

application is correct and requires no update or correction.

(d)  All required information shall be completed and

received in the Board office as a complete package at least two weeks prior to

the renewal of the license.  Incomplete applications shall be returned to the

applicant.  The applicant shall report any changes to submitted information

within five days of when the licensee knew or should have known of the changes.

 

History Note:        Authority G.S. 90-29; 90-37.2;

Eff. February 1, 2008;

Amended Eff. September 1, 2014.

 

SECTION .0900 – EXEMPTIONS FOR ACTIVE MILITARY

 

21 NCAC 16B .0901          DEFINITIONS

The following definitions apply only to this Section;

(1)           "Dental Board" – the North Carolina State

Board of Dental Examiners.

(2)           "Eligible licensees" – all dentists

currently licensed by and in good standing with the North Carolina State Board

of Dental Examiners who are serving in the armed forces of the United States

and who are eligible for an extension of time to file a tax return pursuant to

G.S. 105-249.2.

(3)           "Extension period" – the time period

disregarded pursuant to 26 U.S.C. 7508.

(4)           "Good standing" – a dentist whose license

is not suspended, revoked or subject to a probationary order.

 

History Note:        Authority G.S. 90-28; 93B-15;

Eff. April 1, 2010;

Amended Eff. September 1, 2014.

 

21 NCAC 16B .0902          EXEMPTIONS GRANTED

(a)  Eligible licensees are granted a waiver of their

mandatory continuing education requirements.

(b)  Eligible licensees are granted an extension period in

which to pay license renewal fees and comply with all other requirements

imposed by the Dental Board as conditions for maintaining licensure and current

sedation permits.

 

History Note:        Authority G.S. 90-28; 93B-15;

Eff. April 1, 2010.

 

SECTION .1000 - licensure by military endorsement

 

21 ncac 16b .1001          DENTAL LICENSURE BY ENDORSEMENT BASED

ON MILITARY SERVICE

(a)  An applicant for a dental license by endorsement based

on military service shall submit to the Board:

(1)           a completed, signed and notarized

application form provided by the Board at www.ncdentalboard.org;

(2)           the application fee required by Rule 16M

.0101(a)(14) of this Chapter;

(3)           written evidence demonstrating that the

applicant has been awarded a military occupational specialty in dentistry and

that the applicant:

(A)          has completed a military program of training

substantially equivalent to or greater than that required for licensure as a

dentist in North Carolina;

(B)          has completed testing or equivalent training and

experience substantially equivalent to or greater than that required for

licensure as a dentist in North Carolina, as set forth in G.S. 90-30; and

(C)          has engaged in the active practice of dentistry as

defined by G.S. 90-29(b)(1) for at least 1,500 hours per year during at least

two of the five years preceding the date of application; and

(4)           a statement disclosing and explaining the

commission of any act set out in G.S. 90-41(a) or (b), any disciplinary

actions, investigations, malpractice claims, state or federal agency

complaints, judgments, settlements, or criminal charges.

(b)  All information required must be completed and received

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

application fee.  Incomplete application packages shall be returned to the

applicant.

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

release form and completed Fingerprint Record Card, obtained from the Board.

 

History Note:        Authority G.S. 90-30(b); 90-41; 93B-15.1;

Eff. September 1, 2013.

 

21 ncac 16b .1002          DENTAL

LICENSURE BY ENDORSEMENT BASED ON STATUS AS MILITARY SPOUSE

(a)  An applicant for a dental license by endorsement based

on the applicant's status as a military spouse shall submit to the Board:

(1)           a completed, signed and notarized

application form provided by the Board at www.ncdentalboard.org ;

(2)           the non-refundable application fee required

by Rule 16M .0101(a)(14) of this Chapter;

(3)           written evidence demonstrating that the

applicant is married to an active member of the U.S. military and that such

applicant:

(A)          holds a current dental license from another

jurisdiction whose standards for licensure are substantially equivalent to or

greater than those required for licensure as a dentist in North Carolina as set

forth in these Rules; and

(B)          has engaged in the active practice of dentistry as

defined by G.S. 90-29(b)(1) for at least 1,500 hours per year during at least

two of the five years preceding the date of application; and

(4)           a statement disclosing and explaining the

commission of an act set out in G.S. 90-41(a) or (b), 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 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 county or state drug treatment

program, or impaired dentists or other impaired professionals program;

(6)           a copy of a current CPR certification;

(7)           a report from the National Practitioner

Data Bank; and

(8)           the applicant's passing score on the Dental

National Board Part I and Part II written examination administered by the Joint

Commission on National Dental Examinations.

(b)  All information required shall be completed and

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

and application fee.  Incomplete application packages shall be returned to the

applicant.

(c)  All applicants shall submit to the Board a signed release

form, completed Fingerprint Record Card and other forms required to perform a

criminal history check.  The form and cards may be obtained from the Board.

 

History Note:        Authority G.S. 90-30(b); 90-41; 90-36;

93B-15.1;

Eff. September 1, 2013;

Amended Eff. September 1, 2014.

 

SECTION .1100 - REINSTATEMENT

 

21 NCAC 16B .1101          PROOF OF COMPETENCY

(a)  All applications for reinstatement shall be submitted

on 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.

(b)  The application for reinstatement shall be accompanied

by:

(1)           the non-refundable reinstatement fee;

(2)           two letters of character reference from

non-family members;

(3)           a current report from the National Practitioner

Databank;

(4)           proof of completion of continuing education

courses in clinical patient care from Board-approved sponsors, as defined in

Rule 16R .0104 of this Chapter in amounts equal to the hours required for

renewal of a dental license; and

(5)           a copy of current CPR card.

(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.

(d)  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.  The form and card are

available from the Board office.

(e)  Applicants for reinstatement whose North Carolina

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

may be required, at the Board's discretion, to take refresher courses on topics

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 dentistry 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.

(f)  Applicants seeking reinstatement of a North Carolina

dental license that has been revoked, suspended, inactive or lapsed for more

than five years must successfully pass the clinical examination given to

first-time applicants before applying for reinstatement.

(g)  Any applicant who changes his or her address shall

notify the Board office within 10 business days.

 

History Note:        Authority G.S. 90-30; 90-41;

Eff. September 1, 2014.