NORTH CAROLINA GENERAL ASSEMBLY
1971 SESSION

CHAPTER 755
SENATE BILL 675

AN ACT TO AMEND ARTICLE 2 OF CHAPTER 90 OF THE GENERAL STATUTES OF NORTH CAROLINA RELATIVE TO THE PRACTICE OF DENTISTRY.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 90-22(c)(4) is hereby amended by adding a sentence at the end to read as follows:
"The Board of Dental Elections shall, before preparing ballots, notify all persons who have been duly nominated of their nomination."
Sec. 2.  G.S. 90-29 is rewritten to read as follows:
"§ 90-29.  Necessity for license; dentistry defined; exemptions. — (a) No person shall engage in the practice of dentistry in this State, or offer or attempt to do so, unless such person is the holder of a valid license or certificate of renewal of license duly issued by the North Carolina State Board of Dental Examiners.
(b)	A person shall be deemed to be practicing dentistry in this State who does, undertakes or attempts to do, or claims the ability to do any one or more of the following acts or things which, for the purposes of this Article, constitute the practice of dentistry:
(1)	Diagnoses, treats, operates, or prescribes for any disease, disorder, pain, deformity, injury, deficiency, defect, or other physical condition of the human teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity;
(2)	Removes stains, accretions or deposits from the human teeth;
(3)	Extracts a human tooth or teeth;
(4)	Performs any phase of any operation relative or incident to the replacement or restoration of all or a part of a human tooth or teeth with any artifical substance, material or device;
(5)	Corrects the malposition or malformation of the human teeth;
(6)	Administers an anesthetic of any kind in the treatment of dental or oral diseases or physical conditions, or in preparation for or incident to any operation within the oral cavity; provided, however, that this subsection shall not apply to a lawfully qualified nurse or anesthetist who administers such anesthetic under the supervision and direction of a licensed dentist or physician;
(7)	Takes or makes an impression of the human teeth, gums or jaws;
(8)	Makes, builds, constructs, furnishes, processes, reproduces, repairs, adjusts, supplies or professionally places in the human mouth any prosthetic denture, bridge, appliance, corrective device, or other structure designed or constructed as a substitute for a natural human tooth or teeth or as an aid in the treatment of the malposition or malformation of a tooth or teeth, except to the extent the same may lawfully be performed in accordance with the provisions of G.S. 90-29.1 and G.S. 90-29.2;
(9)	Uses a Roentgen or X-ray machine or device for dental treatment or diagnostic purposes, or gives interpretations or readings of dental Roentgenograms or X-rays;
(10)	Performs or engages in any of the clinical practices included in the curricula of recognized dental schools or colleges;
(11)	Owns, manages, supervises, controls or conducts, either himself or by and through another person or other persons, any enterprise wherein any one or more of the acts or practices set forth in subdivisions (1) through (10) above are done, attempted to be done, or represented to be done;
(12)	Uses, in connection with his name, any title or designation, such as 'dentist', 'dental surgeon', 'doctor of dental surgery', 'D.D.S.', 'D.M.D.', or any other letters, words or descriptive matter which, in any manner, represents him as being a dentist able or qualified to do or perform any one or more of the acts or practices set forth in subdivisions (1) through (10) above;
(13)	Represents to the public, by any advertisement or announcement, by or through any media, the ability or qualification to do or perform any of the acts or practices set forth in subdivisions (1) through (10) above.
(c)	The following acts, practices, or operations, however, shall not constitute the unlawful practice of dentistry:
(1)	Any act by a duly licensed physician or surgeon performed in the practice of his profession;
(2)	The practice of dentistry, in the discharge of their official duties, by dentists in any branch of the military service of the United States or in the full time employ of any agency of the United States;
(3)	The teaching of dentistry, in dental schools or colleges operated and conducted in this State and approved by the North Carolina State Board of Dental Examiners, by any person or persons licensed to practice dentistry anywhere in the United States or in any country, territory or other recognized jurisdiction; provided, however, that such teaching of dentistry by any person or persons licensed in any jurisdiction other than a place in the United States must first be approved by the North Carolina State Board of Dental Examiners;
(4)	The practice of dentistry in dental schools or colleges in this State approved by the North Carolina State Board of Dental Examiners by students enrolled in such schools or colleges when such practice is performed as a part of their course of instruction and is under the supervision of a dentist who is either duly licensed in North Carolina or qualified under subdivision (3) above as a teacher. Additionally, the practice of dentistry by such students at any location upon patients or inmates of institutions wholly owned or operated by the State of North Carolina or any political subdivision or subdivisions thereof when in the opinion of the Dean of such dental school or college or his designee the student's dental education and experience is adequate therefor, subject to review and approval by the said Board of Dental Examiners, and such practice is a part of the course of instruction of such students, is performed under the supervision of a duly licensed dentist acting as a teacher or instructor and is without remuneration except for expenses and subsistence as defined and permitted by the Rules and Regulations of said Board of Dental Examiners.
(5)	The temporary practice of dentistry by licensed dentists of another state or of any territory or country when the same is performed, as clinicians, at meetings of organized dental societies, associations, colleges or similar dental organizations, or when such dentists appear in emergency cases upon the specific call of a dentist duly licensed to practice in this State;
(6)	The practice of dentistry by a person who is a graduate of a dental school or college approved by the North Carolina State Board of Dental Examiners and who is not licensed to practice dentistry in this State, when such person is the holder of a valid intern permit, or provisional license, issued to him by the North Carolina State Board of Dental Examiners pursuant to the terms and provisions of this Article, and when such practice of dentistry complies with the conditions of said intern permit, or provisional license;
(7)	Any act or acts performed by a dental hygienist when such act or acts are lawfully performed pursuant to the authority of Article 16 of this Chapter 90 or the rules and regulations of the Board promulgated thereunder;
(8)	Activity which would otherwise be considered the practice of dental hygiene performed by students enrolled in a school or college approved by the Board in a Board-approved dental hygiene program under the direct supervision of a dental hygienist or a dentist duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of subdivision (3) above;
(9)	Any act or acts performed by an assistant to a dentist licensed to practice in this State when said act or acts are authorized and permitted by and performed in accordance with rules and regulations promulgated by the Board;
(10)	Dental assisting and related functions as a part of their instructions by students enrolled in a course in dental assisting conducted in this State and approved by the Board, when such functions are performed under the supervision of a dentist acting as a teacher or instructor who is either duly licensed in North Carolina or qualified for the teaching of dentistry pursuant to the provisions of subdivision (3) above;
(11)	The extraoral construction, manufacture, fabrication or repair of prosthetic dentures, bridges, appliances, corrective devices, or other structures designed or constructed as a substitute for a natural human tooth or teeth or as an aid in the treatment of the malposition or malformation of a tooth or teeth, by a person or entity not licensed to practice dentistry in this State, when the same is done or performed solely upon a written work order in strict compliance with the terms, provisions, conditions and requirements of G.S. 90-29.1 and G.S. 90-29.2.
Sec. 3.  A new G.S. 90-29.4 is enacted to read as follows:
"§ 90-29.4.  Intern permit. — The North Carolina State Board of Dental Examiners may, in the exercise of the discretion of said Board, issue to a person who is not licensed to practice dentistry in this State and who is a graduate of a dental school, college, or institution approved by said Board, an intern permit authorizing such person to practice dentistry under the supervision or direction of a dentist duly licensed to practice in this State, subject to the following particular conditions:
(1)	An intern permit shall be valid for no more than one year from the date of issue thereof; provided, however, that the Board may, in its discretion, renew such permit for not more than three additional one year periods; and, provided, further, that no person shall be granted an intern permit or intern permits embracing or covering an aggregate time span of more than 48 calendar months;
(2)	The holder of a valid intern permit may practice dentistry only under the supervision or direction of one or more dentists duly licensed to practice in this State;
(3)	The holder of a valid intern permit may practice dentistry only (i) as an employee in a hospital, sanatorium, or a like institution which is licensed or approved by the State of North Carolina and approved by the North Carolina State Board of Dental Examiners; or (ii) as an employee of the State of North Carolina or an agency or political subdivision thereof, or any other governmental entity within the State of North Carolina, when said employment is approved by the North Carolina State Board of Dental Examiners;
(4)	The holder of a valid intern permit shall receive no fee or fees or compensation of any kind or nature for dental services rendered by him other than such salary or compensation as might be paid to him by the entity specified in subdivision (3) above wherein or for which said services are rendered;
(5)	The holder of a valid intern permit shall not, during the term of said permit or any renewal thereof, change the place of his internship without first securing the written approval of the North Carolina State Board of Dental Examiners;
(6)	The practice of dentistry by the holder of a valid intern permit shall be strictly limited to the confines of and to the registered patients of the hospital, sanatorium or institution to which he is attached or to the persons officially served by the governmental entity by whom he is employed;
(7)	Any person seeking an intern permit shall first file with the North Carolina State Board of Dental Examiners such papers and documents as are required by said Board, together with the application fee authorized by G.S. 90-39. A fee authorized by G.S. 90-39 shall be paid for any renewal of said intern permit;
Such person shall further supply to the Board such other documents, materials or information as the Board may request;
(8)	Any person seeking an intern permit or who is the holder of a valid intern permit shall comply with such limitations as the North Carolina State Board of Dental Examiners may place or cause to be placed, in writing, upon such permit, and shall comply with such rules and regulations as the Board might promulgate relative to the issuance and maintenance of said permit in the practice of dentistry relative to the same;
(9)	The holder of an intern permit shall be subject to the provisions of G.S. 90-41.
Sec.4.  G.S. 90-30 is hereby amended by adding a sentence at the end of the third paragraph thereof to read as follows:
"The Board may employ such dentists found qualified therefor by the Board, in examining applicants for licenses as it deems appropriate."
Sec. 5.  G.S. 90-31 is hereby amended by striking from line 3 of the fourth paragraph thereof the words and numerals "five dollars ($5.00)" and substituting therefor the words and numerals "ten dollars ($10.00)".
Sec. 6.  G.S. 90-34 is rewritten to read as follows:
"§ 90-34.  Refusal to grant renewal of license. — For non-payment of fee or fees required by this Article, or for violation of any of the terms or provisions of G.S. 90-41, the North Carolina State Board of Dental Examiners may refuse to issue a certificate for renewal of license. As used herein the term 'license' shall include license, provisional license or intern permit."
Sec. 7.  G.S. 90-36 is hereby amended by striking from line 9 thereof the words "charged with violation of the ethics of his profession nor with" and substituting therefor the words "found guilty by the State regulatory agency charged with the responsibility therefor of the violation of the ethics of his profession, nor found guilty by a court of competent jurisdiction of.
Sec. 8.  G.S. 90-39 is rewritten to read as follows:
"§ 90-39.  Fees. — In order to provide the means of carrying out and enforcing the provisions of this Article and the duties devolving upon the North Carolina State Board of Dental Examiners, it is authorized to charge and collect fees established by its rules and regulations not exceeding the following:
(1)	Each application for general dentistry examination	$75.00
(2)	Each general dentistry license renewal, which fee
shall be annually fixed by the Board and not
later than November 30 of each year it shall
give written notice of the amount of the
renewal fee to each dentist licensed to practice
in this State by mailing such notice to the last
address of record with the Board of each such dentist	$50.00
(3)	Each provisional license	$50.00
(4)	Each intern permit or renewal thereof	$50.00
(5)	Each certificate of license to a resident dentist
desiring to change to another state or territory	$15.00
(6)	Each license issued to a practitioner of another
state or territory to practice in this State	$75.00
(7)	Each license to resume the practice issued to
a dentist who has retired from the practice
of dentistry or has removed from and returned
to this State	$75.00."
Sec. 9.  G.S. 90-41 is rewritten to read as follows:
"§ 90-41.  Disciplinary action. — (a) The North Carolina State Board of Dental Examiners shall have the power and authority to
(i)	Refuse to issue a license to practice dentistry;
(ii)	Refuse to issue a certificate of renewal of a license to practice dentistry;
(iii)	Revoke or suspend a license to practice dentistry; and
(iv)	Invoke such other disciplinary measures, censure, or probative terms against a licensee as it deems fit and proper;
in any instance or instances in which the Board is satisfied that such applicant or licensee:
(1)	Has engaged in any act or acts of fraud, deceit or misrepresentation in obtaining or attempting to obtain a license or the renewal thereof;
(2)	Is a chronic or persistent user of intoxicants, drugs or narcotics to the extent that the same impairs his ability to practice dentistry;
(3)	Has been convicted of any of the criminal provisions of this Article or has entered a plea of guilty or nolo contendere to any charge or charges arising therefrom;
(4)	Has been convicted of or entered a plea of guilty or nolo contendere to any felony charge or to any misdemeanor charge involving moral turpitude;
(5)	Has been convicted of or entered a plea of guilty or nolo contendere to any charge of violation of any state or federal narcotic or barbiturate law;
(6)	Has engaged in any act or practice violative of any of the provisions of this Article or violative of any of the rules and regulations promulgated and adopted by the Board, or has aided, abetted or assisted any other person or entity in the violation of the same;
(7)	Is mentally, emotionally, or physically unfit to practice dentistry or is afflicted with such a physical or mental disability as to be deemed dangerous to the health and welfare of his patients. An adjudication of mental incompetency in a court of competent jurisdiction or a determination thereof by other lawful means shall be conclusive proof of unfitness to practice dentistry unless or until such person shall have been subsequently lawfully declared to be mentally competent;
(8)	Has employed or procured any person to obtain or solicit professional patronage or has personally solicited professional patronage;
(9)	Has permitted the use of his name, diploma or license by another person either in the illegal practice of dentistry or in attempting to fraudulently obtain a license to practice dentistry;
(10)	Has engaged in such immoral conduct as to discredit the dental profession;
(11)	Has obtained or collected or attempted to obtain or collect any fee through fraud, misrepresentation, or deceit;
(12)	Has been negligent in the practice of dentistry;
(13)	Has employed a person not licensed in this State to do or perform any act or service, or has aided, abetted or assisted any such unlicensed person to do or perform any act or service which under this Article or under Article 16 of this Chapter, can lawfully be done or performed only by a dentist or a dental hygienist licensed in this State;
(14)	Is incompetent in the practice of dentistry;
(15)	Has practiced any fraud, deceit or misrepresentation upon the public or upon any individual in an effort to acquire or retain any patient or patients;
(16)	Has made fraudulent or misleading statements pertaining to his skill, knowledge, or method of treatment or practice;
(17)	Has committed any fraudulent or misleading acts in the practice of dentistry;
(18)	Has, directly or indirectly, advertised in any manner for professional patronage or business; provided, however, that it shall not be considered advertising for a dentist, duly licensed to practice in this State, to place his name, office address, telephone number, and office hours in an approved register or other publication, or to place his name, followed by the word, 'dentist', on the door or window of his office, or to place his name before the public in any other manner expressly approved by the Board;
(19)	Has, in the practice of dentistry, committed an act or acts constituting malpractice;
(20)	Has used or permitted another to use his name, as a dentist, in promoting the sale or advertisement of any product or service;
(21)	Has permitted a dental hygienist or a dental assistant in his employ or under his supervision to do or perform any act or acts violative of this Article, or of Article 16 of this Chapter, or of the rules and regulations promulgated by the Board;
(22)	Has wrongfully or fraudulently or falsely held himself out to be or represented himself to be qualified as a specialist in any branch of dentistry;
(23)	Has persistently maintained, in the practice of dentistry, unsanitary offices, practices, or techniques;
(24)	Is a menace to the public health by reason of having a serious communicable disease;
(25)	Has distributed or caused to be distributed any intoxicant, drug or narcotic for any other than a lawful purpose; or
(26)	Has engaged in any unprofessional conduct as the same may be, from time to time, defined by the rules and regulations of the Board.
(b)	If any person engages in or attempts to engage in the practice of dentistry while his license is suspended, his license to practice dentistry in the State of North Carolina may be permanently revoked.
(c)	The Board may, on its own motion, initiate the appropriate legal proceedings against any person, firm or corporation when it is made to appear to the Board that such person, firm or corporation has violated any of the provisions of this Article or of Article 16.
(d)	The Board may appoint, employ or retain an investigator or investigators for the purpose of examining or inquiring into any practices committed in this State that might violate any of the provisions of this Article or of Article 16 or any of the rules and regulations promulgated by the Board.
(e)	The Board may employ or retain legal counsel for such matters and purposes as may seem fit and proper to said Board.
(f)	As used in this section the term 'licensee' includes licensees, provisional licensees and holders of intern permits, and the term 'license' includes license, provisional license and intern permit."
Sec. 10.  G.S. 90-41.1 is rewritten to read as follows:
"§ 90-41.1.  Hearings. — (a) With the exception of applicants for license by comity and applicants for reinstatement after revocation, every licensee, provisional licensee, intern, or applicant for license, shall be afforded notice and opportunity to be heard before the North Carolina State Board of Dental Examiners shall take any action, the effect of which would be:
(1)	To deny permission to take an examination for licensing for which application has been duly made; or
(2)	To deny a license after examination for any cause other than failure to pass an examination; or
(3)	To withhold the renewal of a license for any cause other than failure to pay a statutory renewal fee; or
(4)	To suspend a license; or
(5)	To revoke a license; or
(6)	To revoke or suspend a provisional license or an intern permit; or
(7)	To invoke any other disciplinary measures, censure, or probative terms against a licensee, a provisional licensee, or an intern,
such proceedings to be conducted in accordance with the provisions of Chapter 150 of the General Statutes of North Carolina.
(b)	In lieu of or as a part of such hearing and subsequent proceedings, the Board is authorized and empowered to enter any consent order relative to the discipline, censure, or probation of a licensee, provisional licensee, an intern, or an applicant for a license, or relative to the revocation or suspension of a license, provisional license, or intern permit.
(c)	Following the service of the notice of hearing as required by Chapter 150, the Board and the person upon whom such notice is served shall have the right to conduct adverse examinations, take depositions, and engage in such further discovery proceedings as are permitted by the laws of this State in civil matters. The Board is hereby authorized and empowered to issue such orders, commissions, notices, subpoenas, or other process as might be necessary or proper to effect the purposes of this subsection; provided, however, that no member of the Board shall be subject to examination hereunder."
Sec. 11.  G.S. 90-43 is hereby amended by changing the period at the end of the last sentence thereof to a comma and adding the following language:
"and employ such personnel as it may deem requisite to assist in carrying out the administrative functions required by this Article and by the Board."
Sec. 12.  G.S. 90-48 is hereby amended by adding a new paragraph thereto reading as follows:
"The Board shall issue every two years to each licensed dentist a compilation or supplement of the Dental Practice Act and the Board rules and regulations, and upon written request therefor by such licensed dentist, a directory of dentists."
Sec. 13.  This act shall become effective upon ratification.
In the General Assembly read three times and ratified, this the 5th day of July, 1971.