Legislative Activity

Proposed Amendments to N.D. Admin. Rule Chapter 20

At its Wednesday, March 13, 2024, public meeting, the North Dakota State Board of Dental Examiners discussed input from its stakeholders and passed a motion to seek modifications to the rules related to the practice of dentistry. In doing so, 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 are PDF’s of the proposed changes that have been filed with North Dakota Legislative Council, along with a Full Notice that will be published in local newspapers throughout March.  

ND Administrative Rule 20-01-01 to Leg Council (General Admin) (03-18-2024)

ND Administrative Rule 20-02-01 to Leg Council (Dentists) (03-18-2024)

ND Administrative Rule 20-03-01 to Leg Council (Assistants) (03-18-2024)

ND Administrative Rule 20-04-01 to Leg Council (Hygienists) (03-18-2024)

ND Administrative Rule 20-05-01 to Leg Council (Fees) (03-18-2024)

Full Notice-Bd Dental Examiners-Rules (03-18-2024)

This rulemaking will follow the procedures found in N.D. Century Code ch. 28-32. We ask that you provide any written feedback as soon as convenient—but in all cases by the May 2, 2024, deadline shown in the Full Notice. You may also submit comments by attending the public hearing scheduled for April 22, 2024, as also described in the Full Notice.  

The Board anticipates proceeding on a timeline that would allow the official changes to be presented to the North Dakota Legislative Assembly’s Administrative Rules Committee’s September 2024 meeting. We value all comments and thank you for your professional consideration of this matter.

David Schaibley
Executive Director - North Dakota State Board of Dental Examiners


 NEW Rules Amendments Effective July 1, 2022 

 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.

North Dakota Administrative Code Title 20

  •  CHAPTER 20-01-01
  • CHAPTER 20-01-02
  • CHAPTER 20-02-01  General Requirements (dentists)
    • Section 20-02-01-01     Advertising
    • Section 20-02-01-02     Office Emergency 
    • Section 20-02-01-03     Nitrous Oxide [Repealed]
    • Section 20-02-01-03.1  Additional Requirements for Licensure by Examination
    • Section 20-02-01-03.2  Additional Requirements for Licensure by Credential Review
    • Section 20-02-01-03.3  Additional REquirements for Applications
    • Section 20-02-01-03.4  Clinical Competency Examination Retakes
    • Section 20-02-01-04     Temporary License to Practice Dentistry
    • Section 20-02-01-04.1  Restricted License to Practice Dentistry [Repealed]
    • Section 20-02-01-04.2  Volunteer License to Practice Dentistry
    • Section 20-02-01-04.3  Inactive Status - License Reinstatement
    • Section 20-02-01-05     Anesthesia and Sedation Permit Requirements
    • Section 20-02-01-06     Continuing Dental Education for Dentists
    • Section 20-02-01-07     Removable Dental Prosthesis Owner Identification
    • Section 20-02-01-08     Discontinuance of Practice - Retirement- Discontinuance of Treatment
    • Section 20-02-01-09     Patient Records
    • Section 20-02-01-10     Authorization of Laboratory Services
    • Section 20-02-01-11     Permit for the Use of Dermal Fillers and Botulinum Toxin for Dental Use
    • Section 20-02-01-12     Dental Prescribers and Use of the Prescription Drug Monitoring Program
    • Section 20-02-01-13     Exceptions to the Review Requirement

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.

NEW LAWS  - Effective 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.

 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.