Legislative Activity

NEW LAWS in effect August 1, 2021

HB 1151 created and enacts two new sections to Chapter 43-28 of the North Dakota Century Code, relating to telehealth and the practice of dentistry; to amend and reenact sections 43-28-01, 43-28-03, and 43-28-04 of the North Dakota Century Code, relating to the membership of the North Dakota Board of Dental Examiners and the definition of telehealth; and to provide for application.

 Proposed Rules Amendments 

At its April 14, 2022  meeting the Board revised Administrative Rule amendments.  The Board will proceed with the rule making process.  If you have an issue downloading the pdf please contact rita@nddentalboard.org.

Summary of the Rules Amendment Process

Many steps are involved in the administrative rulemaking process. In summary, once the Board adopts amendments, the public is invited to comment during a specified time period. All interested persons are provided the opportunity to submit comments concerning the proposed rules. The Board must conduct a hearing and provide a written summary of each oral comment on the rules and provide a written record of its consideration of all comments contained in the rulemaking record. The Board reviews the comments during a full and formal meeting of the Board and may amend proposed rules. Debate related to rules may take a considerable amount of time, depending on the number of amendments and content. The Board considers all comments. The Office of Attorney General must review proposed administrative rules and issue an opinion as to its legality prior to final adoption of the rules. Although the rules are promulgated by the Board, the Attorney General’s office and the Legislative Rules Committee must also review and approve the rules before they become law. Once enacted, the Administrative Rules have the full force and effect of law.

Administrative Rules Have the Force of Law

Administrative rules implement, interpret, or describe procedures or practice requirements of the agency or board. Chapter 20 of the North Dakota Administrative Code contains rules promulgated by the North Dakota Board of Dentistry. Rules are adopted by state agencies and state boards who have specific rulemaking authority from the State Legislature.

Before a rule is published several procedures are required by law. The public must be notified of the Board's intent and is provided opportunity to comment. The rules must be reviewed by the Attorney General’s Office and the Legislative Council. The Administrative Rules Committee's charge under NDCC Ch. 54-35-02.6 is to review new rules adopted by an agency or entity such as the North Dakota Board of Dental Examiners and issue an opinion. If the Administrative Rules committee objects to all or any portion of a rule, the burden of persuasion is upon the Board for any further judicial review.

Rules adopted effective 4/1/2021 are as follows:

The applicant has passed, within five years of application, a clinical competency examination administered by one of the following:

  •  Any regional dental testing service before September 17, 2009
  •  Central Regional Dental Testing Service  (CRDTS)
  •  Council of Interstate Testing Agencies (CITA)
  •  Commission on Dental Competency Assessments-Western Regional Examining Board (CDCA-WREB merged 2021)
  •  American Board of Dental Examiners  (ADEX ) 

Regarding dental clinical board requirements:

NDAC 20-02-01-03.1. Additional requirements for licensure by examination. The board may grant a license to practice dentistry to an applicant who has met the requirements of North Dakota Century Code section 43-28-10.1 and all the following requirements: 1. The applicant has passed the examination administered by the joint commission on national dental examinations or the national dental examining board of Canada within five years of application. 2. The applicant has passed, within five years of application, a clinical competency examination approved by the board. Required components shall include a periodontal component, posterior composite or amalgam restoration, a class three restorative procedure, and an endodontic component, and after April 1, 2021, a fixed prosthetic component. 3. The applicant has successfully completed a cardiopulmonary resuscitation course within two years of application. 4. The applicant has the physical health and visual acuity to enable the applicant to meet the minimum standards of professional competence.