Changes to ND Administrative Code Title 20 - September 2025
Licensees and Stakeholders of the North Dakota State Board of Dental Examiners: As you are hopefully already aware, several Bills that impact dentistry were signed into law during the recently completed legislative session. As a result, the Board is required to carry out rulemaking to incorporate those changes. In addition to carrying out rulemaking related to those required changes, the Board also solicited your input on rule changes you might suggest.
At its public meetings on August 1 and September 19, the Board reviewed its current rules (found at Administrative Code | North Dakota Legislative Branch (ndlegis.gov, then click on Title 20), the recently passed Bills, and your suggestions. 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.
Below is a draft set of proposed changes for your review and feedback. Please provide written feedback as soon as possible, ideally no later than October 3, 2025. The Board anticipates assessing input and revising this preliminary draft during its October 10, 2025, meeting.
Once the Board finalizes these proposed rule changes—ideally at its October 10th meeting—it anticipates moving forward with formal rulemaking on a timeline that would allow the official changes to take effect April 1, 2026. As always, through that formal rulemaking process the Board will provide more notices, solicit more comments from you, hold public meetings to receive additional input, and eventually present its proposal to the Legislative Administrative Rules Committee for their assessment and consideration. We value your insights and thank you for your professional consideration of this matter.
David Schaibley
david@nddentalboard.org
Executive Director - North Dakota State Board of Dental Examiners
Chapter 20-01-01 ORGANIZATION OF THE BOARD
Chapter 20-02-01 DENTISTS - GENERAL REQUIREMENTS
Chapter 20-03-01 DENTAL ASSISTANTS - DUTIES
Chapter 20-04-01 DENTAL HYGIENISTS - DUTIES
Chapter 20-06 PROFESSIONAL HEALTH PROGRAM: ALTERNATIVE TO DISCIPLINE
Letter from Board Executive Director, David Schaibley - Highlights the changes made and gives contact information for any questions.
The above information was sent to all current licensees to their email on file on January 23, 2025.
New rule changes promulgated by the NDBDE affect all practitioners. Requirements of Administrative Rules have been amended for hygienists, dentists and dental assitants. One example of an addition to RDH and RDA duties includes language authorizing a dental hygienist or a registered dental assistant with the required training to apply for a permit to administer nitrous oxide inhalation therapy. To see these amendments and more click on the links below.
Chapter 20-01-01 ORGANIZATION OF THE BOARD
Chapter 20-02-01 DENTISTS - GENERAL REQUIREMENTS
Chapter 20-03-01 DENTAL ASSISTANTS - DUTIES
Chapter 20-04-01 DENTAL HYGIENISTS - DUTIES
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.
