ATTENTION ALL LICENSEES! 2024 Proposed Administrative Rules need your input!
At its Friday, January 12, 2024, public meeting, the North Dakota State Board of Dental Examiners reviewed its existing rules (found here at Title 20: Administrative Code | North Dakota Legislative Branch (ndlegis.gov). As it assessed possible changes to those rules, the Board balanced its obligation to protect the public with its recognition that dentists should be free to operate effectively without undue regulation, and dental staff should be allowed to perform duties they’re qualified to carry out under appropriate supervision.
A draft set of proposed changes we’re sharing for your review and feedback is linked below. You may circulate them to others. Keep in mind that this solicitation of input precedes the formal rulemaking process required by law. The Board anticipates assessing input and revising this preliminary draft during a public meeting expected to occur in March 2024. To help us meet this goal we ask that you provide written feedback to David Schaibley, the Board Executive Director (David@nddentalboard.org), as soon as possible, ideally no later than February 15, 2024. Oral comments may be shared at the upcoming meeting as time permits.
20-01-01 General Admin draft (01-12-2024)
20-02-01 Dentists Draft (01-12-2024)
20-03-01 Assistants Draft (01-12-2024)
20-04-01 Hygienists draft (01-12-2024)
20-05-01 Fees draft (01-12-2024)
Once the Board finalizes its proposed rule changes, it anticipates moving forward with formal rulemaking on a timeline that would allow the official changes to take effect October 1, 2024. Through that formal rulemaking process the Board will provide more notices, solicit more comments, hold public meetings to receive additional input, and present its proposal to the Legislative Administrative Rules Committee for consideration. We value your insights and thank you for your professional consideration of this matter.
We value your insights and thank you for your professional consideration of this matter.
Sincerely,
David Schaibley
Executive Director - North Dakota State Board of Dental Examiners
David@nddentalboard.org
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.