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Notice of Proposed Amendments to Title 20

The NDBDE Proposes to Adopt Regulation Changes in Title 20 of the ND Administrative Code  

The North Dakota Board of Dental Examiners (NDBDE) proposes to update the Administrative Rules governing dentists, dental hygienists and dental assistants. Three new sections are introduce which include licensing regulation for members of the military and military spouses, and two new sections in Article 20-04 relating to dental hygienists. Amendments have been proposed for all five sections and include revisions which will affect all licensed and registered practitioners, particularly dentists utilizing sedation and anesthesia. In addition, the board has adopted proposed rules outlining educational requirements for dentists, dental hygienists and registered dental assistants who would like to become authorized to administer nitrous oxide. 

Article 20-01 Definitions

Ten new definitions were added, three definitions amended, and several definitions were removed or moved to another section of the code.

Article 20-02 Dentists 

20-02-01-01. Advertising
20-02-01-02. Office Emergency20-02-01-03. Nitrous Oxide
20-02-01-03. Additional Requirements for Licensure by Examination
20-02-01-04.2 Volunteer License to Practice Dentistry
20-02-01-05. Permit for Anesthesia Use
20-02-01-06. Continuing Education for Dentists
20-02-01-08. Discontinuance of Practice- Retirement-Discontinuance of Treatment
20-02-01-09. Retention of Records
20-02-01-11. Permit for the Use of Dermal Fillers and Botulinum toxin for Dental Use

Article 20-03 Dental Assistants 

 20-03-01-01. Duties
 20-03-01-01.1 Expanded Duties of Dental Assistants
 20-03-01-02. Prohibited Services
 20-03-01-05. Registration of Registered and Qualified Dental Assistants
 20-03-01-06. Continuing Dental Education for Qualified and Registered Dental Assistants

Article 20-04 Dental Hygienists 

  20-03-01-01. Duties
  20-03-01-02. Prohibited Services
  20-03-01-03. Duties of Dental Hygienists
  20-03-01-05. Additional Requirements for Licensure by Credential Review
  20-03-01-06. Additional Requirements for Applicants
  20-03-01-04. Additional Requirements for Licensure by Examination
  20-03-01-07. Inactive Status - License Reinstatement
  20-03-01-08. Continuing Education for Dental Hygienists.

Article 20-05 Fees

 Fees were increased by ten percent (an increase of one percent per year). The previous fee increase was in 1/1/2011.

How the Administrative Rules Amendment Process Works  

A first step in promulgating rules is to recognize the need for change. The Board has the legal authority to propose amendments, however the Office of Attorney General must then review proposed administrative rules amendments and issue an opinion as to their legality prior to final adoption of any rules change followed by review by the Legislative Rules Committee which then further reviews and must approve the proposed rules before they become law. Once enacted, the Administrative Rules have the full force and effect of law. Administrative steps involved in the process also include noticing the meeting in all county newspapers. The public is then invited to comment during a scheduled Administrative Hearing or in writing.

The date for the Administrative Hearing is scheduled for October 30th, 2020, 8:00 a.m., at the Radisson Hotel’s Empire Room, 605 E. Broadway, Bismarck, ND. The public is invited to submit their written comments at the hearing or by mailing them to: Rita Sommers, Executive Director, NDBDE, PO Box 7246, Bismarck, ND 58507-7246. All comments must be received by the Board no later than November 10th, 2020. Emailed comments may also be sent to rita@nddentalboard.org.

You can review the revisions in their entirety, see the Laws & Rules Activity page. A written copy of the rules will be mailed upon request. The Board shall review the comments during a full meeting of the Board and may then further amend its proposed rules.