On September 4, 2024, the Legislative Administrative Rules Committee heard testimony on the Board’s proposed changes to NDAC Chapter 20. We’re pleased to share with you that the Committee approved the proposed rules, and they go into effect on October 1, 2024. See the link above for the changes.
Legislative Council will release the officially formatted version on October 1st, but in the meantime they have courteously provided us with this preliminary version. It is worded exactly as approved so you can rely fully on its content. Please familiarize yourself with these new rules so you can be prepared to take advantage of the new opportunities they present. You may want to pay particular attention to the substantial changes that have been made to the duties that may be performed by Unregistered Dental Assistants and by Qualified Dental Assistants (See NDAC 20-03).
As you prepare to roll these changes out, keep in mind that the existing rules remain in full effect until these new rules take effect on October 1st.
We recognize that not everyone agreed with each change and some of you submitted requests for more changes, and we appreciate your understanding and professionalism as we worked through this now-finalized rulemaking. We also want to reiterate that the Board reviews rules in an ongoing basis, so you can submit your input on any concerns or requests about rules at any time. We fully anticipate that that legislation that passes during the upcoming legislative session will require us to carry out another round of rulemaking starting in late summer of 2025. As we approach that point, we’ll again reach out for your ideas.
In closing, I want to again thank you for your input throughout this process. It would not have been possible without your engagement.
Sincerely,
David Schaibley
Executive Director - North Dakota State Board of Dental Examiners
New rules promulgated by the NDBDE affect all practitioners as requirements of rules have been amended for hygienists, dentists and dental assitants. In the dental section, Sedation and anesthesia section includes language which authorizes a dental hygienist or a registered dental assistant with the required training to apply for a permit to administer nitrous oxide inhalation therepy.
There are five articles in Title 20 which pertain to dentistry. A link to each Chapter is provided below as well as the contents of each chapter.
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.
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.
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.
