NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

 

 

CHAPTER 1195

HOUSE BILL 1151

 

 

AN ACT TO AMEND THE NORTH CAROLINA DENTAL PRACTICE AND DENTAL HYGIENE ACTS TO PROVIDE FOR A DENTAL HYGIENIST AND A LAY MEMBER OF THE STATE BOARD OF DENTAL EXAMINERS, TO AUTHORIZE TRUTHFUL ADVERTISING OF DENTAL SERVICES, TO AUTHORIZE THE ISSUANCE OF INSTRUCTORS' LICENSES TO PERSONS WHO TEACH IN SCHOOLS AND COLLEGES OF DENTISTRY, AND TO CLARIFY THE PROVISIONS OF THE ACT CONCERNING COMPENSATION OF THE MEMBERS OF THE BOARD OF DENTAL EXAMINERS AND DISTRIBUTION OF RULES AND REGULATIONS CONCERNING THE PRACTICE OF DENTAL HYGIENE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 90-22(b), following the first sentence thereof, is hereby rewritten to read as follows:

"Said Board of Dental Examiners shall consist of six dentists who are licensed to practice dentistry in North Carolina, one dental hygienist who is licensed to practice dental hygiene in North Carolina and one person who shall be a citizen and resident of North Carolina and who shall be licensed to practice neither dentistry nor dental hygiene. The dental hygienist or the consumer member cannot participate or vote in any matters of the board which involves the issuance, renewal or revocation of the license to practice dentistry in the State of North Carolina. The consumer member cannot participate or vote in any matters of the board which involve the issuance, renewal or revocation of the license to practice dental hygiene in the State of North Carolina. Members of the board licensed to practice dentistry in North Carolina shall have been elected in an election held as hereinafter provided in which every person licensed to practice dentistry in North Carolina and residing or practicing in North Carolina shall be entitled to vote. Each member of said board shall be elected for a term of three years and until his successor shall be elected and shall qualify. Each year there shall be elected two dentists for such terms of three years each. Every three years there shall be elected one dental hygienist for a term of three years. Dental hygienists shall be elected to the board in an election held in accordance with the procedures hereinafter provided in which those persons licensed to practice dental hygiene in North Carolina and residing or practicing in North Carolina shall be entitled to vote. Every three years a person who is a citizen and resident of North Carolina and licensed to practice neither dentistry nor dental hygiene shall be appointed to the board for a term of three years by the Governor of North Carolina. Any vacancy occurring on said board shall be filled for the unexpired term by a majority vote of the remaining members of the board, except that when the seat on the board held by a person licensed to practice neither dentistry nor dental hygiene in North Carolina shall become vacant, the vacancy shall be filled by appointment by the Governor for the period of the unexpired term. No dentist shall be nominated for or elected to membership on said board, unless, at the time of such nomination and election such person is licensed to practice dentistry in North Carolina and actually engaged in the practice of dentistry. No dental hygienist shall be nominated for or elected to membership on said board unless, at the time of such nomination and election, such person is licensed to practice dental hygiene in North Carolina and is currently employed in dental hygiene in North Carolina. No person shall be nominated, elected, or appointed to serve more than two consecutive terms on said board."

Sec. 2.  G.S. 90-22(c)(1) is hereby amended by deleting the words "two members of the Board of Dental Examiners, each" and substituting in lieu thereof the words "successors to those members whose terms are expiring in the year of the election, each successor". This subsection is further amended by inserting the following after the first sentence thereof:

"Persons appointed to the board by the Governor shall take office on the 1st day of August following their appointment and shall hold office for a term of three years and until such person's successor has been appointed and shall qualify; provided that if in any year the Governor shall not have appointed a person by August 1st of that year, then the said member appointed that year shall take office immediately after his appointment and shall hold office until the 1st of August of the third year thereafter and until such member's successor is appointed and qualified."

Sec. 3.  G.S. 90-22(c)(2) is hereby rewritten to read as follows:

"Every dentist with a current North Carolina license residing or practicing in North Carolina shall be eligible to vote in elections of dentists to the board. Every dental hygienist with a current North Carolina license residing or practicing in North Carolina shall be eligible to vote in elections of dental hygienists to the board. The holding of such a license to practice dentistry or dental hygiene in North Carolina shall constitute registration to vote in such elections. The list of licensed dentists and dental hygienists shall constitute the registration list for elections to the appropriate seats on the board."

Sec. 4.  G.S. 90-22(c)(4) is hereby rewritten to read as follows:

"Nomination of dentists for election shall be made to the Board of Dental Elections by a written petition signed by not less than 10 dentists licensed to practice in North Carolina and residing or practicing in North Carolina. Nomination of dental hygienists for election shall be made to the Board of Dental Elections by a written petition signed by not less than 10 dental hygienists licensed to practice in North Carolina and residing or practicing in North Carolina. Such petitions shall be filed with said Board of Dental Elections subsequent to January 1 of the year in which the election is to be held and not later than midnight of the 20th day of May of such year, or not later than such earlier date (not before April 1) as may be set by the Board of Dental Elections: provided, that not less than 10 days' notice of such earlier date shall be given to all dentists or dental hygienists qualified to sign a petition of nomination. The Board of Dental Elections shall, before preparing ballots, notify all persons who have been duly nominated of their nomination."

Sec. 5.  G.S. 90-22(c)(6) is hereby amended by deleting the words "to each dentist licensed to practice in North Carolina and residing in North Carolina", and substituting in lieu thereof the words "to each person entitled to vote in the election being conducted,".

Sec. 6.  G.S. 90-29.1 is hereby amended by deleting the last four sentences thereof.

Sec. 7.  G.S. 90-41(a)(8) is hereby rewritten to read as follows:

"Has conducted in-person solicitation of professional patronage or has employed or procured any person to conduct such solicitation by personal contact with potential patients, except to the extent that informal advice may be permitted by regulations issued by the Board of Dental Examiners;".

Sec. 8.  G.S. 90-41(a)(18) is hereby rewritten to read as follows:

"Has, directly or indirectly, published or caused to be published or disseminated any advertisement for professional patronage or business which is untruthful, fraudulent, misleading, or in any way inconsistent with rules and regulations issued by the Board of Dental Examiners governing the time, place, or manner of such advertisements."

Sec. 9.  G.S. 90-43 is hereby amended by deleting the words "twenty dollars ($20.00)" in the first paragraph and substituting in lieu thereof the words "the amount provided in G.S. 93B-5(a)". G.S. 90-43 is amended further by deleting the second paragraph thereof in its entirety.

Sec. 10.  G.S. 90-29(c)(3) is amended (1) by inserting in line 1, paragraph (3), as it appears in the 1977 Cumulative Supplement to Volume 2C of the General Statutes, immediately after the word "teaching", the words "or practice"; and (2) by striking from lines 5 through 8 of paragraph (3), as it appears in the 1977 Cumulative Supplement to Volume 2C of the General Statutes, the proviso beginning with the word "provided" and ending with the word "Examiners;".

Sec. 11.  G.S. Chapter 90 is amended by inserting therein a new section which shall be designated G.S. 90-29.5 and shall read as follows:

"§ 90-29.5.  Instructor's license. — The Board may issue an instructor's license to a person who is not otherwise licensed to practice dentistry in the State, but whom the Board finds to be qualified by professional training and experience and upon the same examination as that offered to licensed dentists in North Carolina plus an oral examination. An instructor's license will authorize him to teach and to practice dentistry in or on behalf of a dental school or college offering a doctoral degree in dentistry, operated and conducted in this State and approved by the North Carolina State Board of Dental Examiners, but only within the confines of the principal facility of the school or college and of any teaching hospital adjacent thereto. Application for an instructor's license shall be made in accordance with rules and regulations of the North Carolina State Board of Dental Examiners. A person holding an instructor's license shall have, within the scope of his authorized practice, all the duties and responsibilities of any dentist who has been licensed upon examination by the North Carolina State Board of Dental Examiners, and shall be subject to those various disciplinary measures and penalties set forth in G.S. 90-41 upon a determination by the Board that he has violated any of the terms or provisions of this Article. An instructor's license shall be subject to annual renewal by the North Carolina State Board of Dental Examiners, as provided in G.S. 90-31."

Sec. 12.  G.S. 90-39 is amended by adding at the end of that section a new paragraph, which shall be numbered (8) and shall read as follows:

"(8)      Each instructor's license or renewal thereof $50.00."

Sec. 13.  G.S. 90-47 is hereby repealed.

Sec. 14.  G.S. 90-223(b)(1) is hereby rewritten to read as follows:

"Any rule promulgated or amended under this Article shall be filed and distributed in accordance with the provisions of Article 5 of Chapter 150A 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."

Sec. 15.  G.S. 90-29(c) is amended by adding the following new subdivisions to read:

"(12)    The use of a dental x-ray machine in the taking of dental radiographs by a dental hygienist, certified dental assistant, or a dental assistant who can show evidence of satisfactory performance on an equivalency examination, recognized by the Board of Dental Examiners, based on seven hours of instruction in the production and use of dental x-rays and an educational program of not less than seven hours in clinical dental radiology.

(13)      A dental assistant, or dental hygienist who shows evidence of education and training in Nitrous Oxide—Oxygen Inhalant Conscious Sedation within a formal educational program may aid and assist a licensed dentist in the administration of Nitrous Oxide—Oxygen Inhalant Conscious Sedation. Any dental assistant who can show evidence of having completed an educational program recognized by the Board of not less than seven clock hours on Nitrous Oxide—Oxygen Inhalant Conscious Sedation may also aid and assist a licensed dentist in the administration of Nitrous Oxide—Oxygen Inhalant Conscious Sedation. Any dental hygienist or dental assistant who has been employed in a dental office where Nitrous Oxide—Oxygen Inhalant Conscious Sedation was utilized, and who can show evidence of performance and instruction of not less than one year prior to July 1, 1980, qualifies to aid and assist a licensed dentist in the administration of Nitrous Oxide—Oxygen Inhalant Conscious Sedation."

Sec. 16.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 24th day of June, 1980.