# Title 43 — Occupations and Professions

## Chapter 43-28 — Dentists

### § 43-28-01. Definitions.

As used in this chapter and chapter 43-20, unless the context otherwise requires:
1. "Accredited dental school" means a dental school, college, or university accredited by
the commission on dental accreditation of the American dental association or its
successor.
2. "Advertising" means to invite the attention of or give notice to the public, by any
means, medium, or manner whatsoever of any fact, information, or data pertaining to
or being conducive of the practice of dentistry in this state.
3. "Board" means the state board of dental examiners.
4. "Certificate of registration" means a written statement of the board declaring that a
licensed dentist has paid the biennial registration fee required by this chapter.
5. "Dentist" means an individual who has a license to practice in this state and who holds
a valid biennial certificate of registration.
6. "License" means the right, authority, or permission granted by the board to practice
dentistry in this state.
7. "Practice of dentistry" means examination, diagnosis, treatment, repair, administration
of local or general anesthetics, prescriptions, or surgery of or for any disease, disorder,
deficiency, deformity, discoloration, condition, lesion, injury, or pain of the human oral
cavity, teeth, gingivae, and soft tissues, and the diagnosis, surgical, and adjunctive
treatment of the diseases, injuries, and defects of the upper and lower human jaw and
associated structures.
8. "Telehealth" has the same meaning as in section 26.1-36-09.15.
### § 43-28-02. Exceptions.

The provisions of this chapter do not apply:
1. To the filling of written prescriptions of a licensed and registered dentist by any person
for the construction, reproduction, or repair of prosthetic dentures, bridges, plates, or
appliances, to be used or worn as substitutes for natural teeth, provided, that such
person or legal entity may not solicit or advertise, directly or indirectly, by mail, card,
newspaper, pamphlet, radio, television, or otherwise to the general public to construct,
reproduce, repair prosthetic dentures, bridges, plates, or other appliances to be used
or worn as substitutes for natural teeth.
2. To a student enrolled in and regularly attending any dental college, dental hygiene, or
dental assisting program recognized as such by the board, if the student's acts are
done in the dental college, dental hygiene, or dental assisting program and under the
direct supervision of the student's instructor; or to a student who is in training in any
dental program recognized as such by the board and who is continuing the student's
training and performing the duties of an extern under the supervision of a dentist who
has received approval to supervise an externship by the appropriate accrediting
committee, including the board.
3. To a legally qualified and licensed physician, surgeon, or other practitioner authorized
by law, who in emergency cases performs any act within the scope of the practice of
dentistry.
4. To a duly licensed and registered dentist of another state temporarily operating in this
state as a clinician, lecturer, or attendant of an educational program under the
auspices of a dental college, a reputable dental society, dental hygienist society, or
dental assistant society.
5. To the practice of dentistry in the discharge of their official duties by graduate dentists
or dental surgeons in the United States army, navy, air force, public health service,
coast guard, veterans' bureau, or director of the dental division of the department of
health and human services.
6. To a registered nurse, licensed practical nurse, dental hygienist, or dental assistant
who is applying topical fluoride varnish to an individual and is acting under the direct or

general supervision of a physician or licensed dentist if the registered nurse, licensed
practical nurse, dental hygienist, or dental assistant has successfully completed a
training program approved by the board.
7. To an advanced practice registered nurse licensed under chapter 43-12.1 who is
applying topical fluoride varnish to an individual and is acting within the scope of
practice of the advanced practice registered nurse and has successfully completed a
training program approved by the board.
8. To registered dental hygienists, registered dental assistants, qualified dental
assistants, and dental assistants practicing within the scope of practice and under
supervision as required by chapter 43-20 and by rule.
### § 43-28-03. State board of dental examiners - Members - Appointment - Terms of office -

Oath - Vacancies.
1. The state board of dental examiners consists of nine members appointed by the
governor. The membership of the board must include:
a. Six dentist members, at least one of whom is a board-eligible or board-certified
oral and maxillofacial surgeon;
b. One dental hygienist member;
c. One dental assistant member; and
d. One independent consumer member.
2. Appointment to the board is for a term of five years, with terms of office arranged so no
more than two terms expire on March sixteenth of each year. Each member of the
board shall hold office until a successor is appointed and qualified. An individual
appointed to the board qualifies by taking the oath required of civil officers.
3. A member may not serve more than two full and consecutive 5-year appointed terms
of office. An appointment to fill a vacancy occurring for reasons other than the
expiration of a term may be made only for the remainder of the unexpired term, and
does not constitute a full term or apply to term limits.
4. If a member of the board is absent from two consecutive regular meetings, the board
may declare a vacancy to exist.
5. All vacancies on the board must be filled by the governor by appointment.
### § 43-28-04. Qualifications and appointment of members of the board - Limited vote.

1. An individual may not be appointed as a dentist member of the board unless that
individual:
a. Is a dentist licensed and registered under this chapter; and
b. Is actively engaged in the practice of dentistry and has been so engaged in this
state for at least five years immediately preceding the appointment.
2. An individual may not be appointed as the dental hygienist member of the board
unless that individual:
a. Is a licensed and registered dental hygienist in accordance with chapter 43-20;
and
b. Is actively engaged in the practice of dental hygiene and has been so engaged in
this state for at least five years immediately preceding the dental hygienist's
appointment.
3. An individual may not be appointed as the dental assistant member of the board
unless that individual:
a. Is a registered dental assistant in accordance with chapter 43-20; and
b. Is actively practicing as a registered dental assistant and has been so practicing
in this state for at least five years immediately preceding the dental assistant's
appointment.
4. An individual may not be appointed as the independent consumer member of the
board unless that individual:
a. Has been a resident of North Dakota for five years immediately preceding
appointment;
b. Has no personal, family, or financial relationship with the dental profession; and

c. Is not a dentist, a dental hygienist, a dental assistant, a physician, a nurse, or the
spouse of an individual engaged in any of those occupations.
5. The dental hygienist, dental assistant, and independent consumer member of the
board shall exercise full voting privileges in all areas except that the dental hygienist
may not participate in the clinical examination of dentists for licensure and the dental
assistant and independent consumer member may not participate in the clinical
examination of dentists or hygienists for licensure. Each appointee must continue to
meet the criteria for appointment for the duration of the appointee's term.
### § 43-28-05. Meeting of board - Officers - Bond - Compensation of members - Quorum.

1. The board shall hold a regular annual meeting at a place designated by the board and
special meetings when necessary. The board shall elect from its members:
a. A president;
b. A president-elect; and
c. A secretary-treasurer.
2. Each member of the board shall receive as compensation for each day actually
engaged in the duties of the office per diem at a rate established by the board and
reimbursement for expenses as provided in section 54-06-09 while attending meetings
of the board. The executive director may be paid an annual salary in an amount
determined by the board.
### § 43-28-06. Powers of board.

The board may:
1. Adopt and enforce reasonable rules to govern its proceedings and to carry out this
chapter.
2. Examine applicants for licenses, or registration to practice dentistry, dental hygiene, or
dental assisting in this state, either by direct examination or by accepting the results of
national or regional dental testing services in which the board participates or which the
board recognizes.
3. Issue, suspend, revoke, limit, cancel, restrict, and reinstate licenses registrations,
permits, credentials, or endorsements related to the practice of dentistry, dental
assisting, or dental hygiene and the biennial certificates of registration upon any
grounds authorized by this chapter or rules adopted by the board.
4. Issue subpoenas to require the attendance of witnesses and the production of
documentary evidence and may administer oaths. Any member or executive officer of
the board may administer oaths to witnesses, or issue subpoenas.
5. Employ and compensate an executive director, attorneys, investigative staff, and
clerical assistants and may perform any other duties imposed upon the board by this
chapter.
6. Establish minimum continuing professional education requirements for dentists, dental
hygienists, and dental assistants.
7. Enter an agreement with the same professional organization with which the North
Dakota board of medicine has entered an agreement under subsection 6 of section
that contract. Records of an alternative to discipline program, including the identity of a
licensee participating in the alternative to discipline program, are exempt records
under section 44-04-17.1. Records of an alternative to discipline program may be
disclosed by the board if the board determines disclosure of the records is necessary
to protect health, safety, and welfare of the public, if ordered by a court of competent
jurisdiction, or if otherwise determined by the board. Fees assessed by rule for this
program are not new fees as contemplated by subsection 7 of section 54-35-27.
8. Impose fines, not to exceed five thousand dollars for each violation of section
### § 43-28-18.2. All fines collected by the board must be deposited in the general fund.


### § 43-28-07. Expenses of board - How paid - Funds held by secretary-treasurer.

Repealed by S.L. 1971, ch. 510, § 15.
### § 43-28-08. Records of board - Use as evidence.

The board shall keep full and complete minutes of its proceedings and of its receipts and
disbursements and a full and accurate list of all persons licensed and registered by the board,
and shall maintain all records in full compliance with chapter 44-04.
### § 43-28-09. Biennial report.

The board may submit a report to the governor and the secretary of state in accordance
with section 54-06-04.
### § 43-28-10. License and certificate required - Scope of practice.

A person may not practice dentistry in this state unless that person is a dentist.
### § 43-28-10.1. Requirements for licensure.

The board may grant a license to practice dentistry to an applicant who has met all of the
following requirements:
1. The applicant has a doctorate of dental surgery or doctorate of dental medicine degree
from an accredited dental school.
2. The applicant has passed the examination administered by the joint commission on
national dental examinations or the national dental examining board of Canada.
3. The applicant has passed a clinical competency examination administered by a
regional dental testing service approved by the board by rule.
4. The applicant has passed, within one year of making application, a written examination
on the laws and rules governing the practice of dentistry in this state.
5. Grounds for denial of the application under section 43-28-18 do not exist.
6. The applicant has met any requirement for licensure established by the board by rule.
### § 43-28-10.2. Volunteer license.

The board may establish rules governing the issuance of a volunteer license to practice
dentistry to an individual previously licensed in this state or an individual who holds a license, in
good standing, to practice dentistry issued by another state.
### § 43-28-11. Application - Fees.

1. An individual seeking a license, registration, permit, credential, or endorsement related
to the practice of dentistry, shall apply to the executive director on forms prescribed by
the board.
2. The application must:
a. Be verified under oath that all statements contained in the application are true to
the applicant's knowledge;
b. Contain a recent autographed picture of the applicant; and
c. Include the application fee established by the board.
3. The board may, by rule, create or modify fees associated with any license, registration,
permit, credential, or renewal. A fee created or modified under this section is not a new
fee for purposes of subsection 7 of section 54-35-27.
### § 43-28-11.1. Conviction not bar to licensure - Exceptions.

Conviction of an offense does not disqualify a person from licensure under this chapter
unless the board determines that the offense has a direct bearing upon a person's ability to
serve the public as a dentist, or that, following conviction of any offense, the person is not
sufficiently rehabilitated under section 12.1-33-02.1.

### § 43-28-11.2. Fitness - Criminal history record check - Costs.

The board may investigate an applicant's or a dentist's fitness, qualification, and previous
professional record and performance. The board may seek information sought under this
section from recognized data sources, including the national practitioners data bank, data
repositories, licensing and disciplinary authorities of other jurisdictions, professional education
and training institutions, liability insurers, health care institutions, and law enforcement agencies.
An applicant or a dentist for whom the board is performing an investigation under this section
shall cooperate with the board if necessary to access the information sought by the board. The
board or the board's investigative disciplinary panels may require an applicant or a dentist who
is the subject of a disciplinary investigation to submit to a statewide and nationwide criminal
history record check. The criminal history record check must be conducted in the manner
provided by section 12-60-24. All costs associated with a criminal history record check
performed under this section are the responsibility of the dentist or applicant.
### § 43-28-11.3. Standard of care and professional ethics - Telehealth.

A dentist is held to the same standard of care and ethical standards, whether practicing
traditional in-person dentistry or telehealth. The following apply in the context of telehealth:
1. Professional ethical standards require a dentist to practice only in areas in which the
dentist has demonstrated competence, based on the dentist's training, ability, and
experience.
2. A dentist may not practice telehealth unless a bona fide dentist-patient relationship is
established in person or through telehealth. A dentist practicing telehealth shall verify
the identity of the patient seeking care and shall disclose to the patient the dentist's
identity, physical location, contact information, and licensure status.
3. Before a dentist initially diagnoses or treats a patient for a specific illness, disease, or
condition, the dentist shall perform an examination or evaluation. A dentist may
perform an examination or evaluation entirely through telehealth if the examination or
evaluation may be performed in accordance with the standard of care required for an
in-person dental examination or evaluation. A dentist may not use telehealth to perform
an initial examination or evaluation in circumstances in which the standard of care
necessitates an in-person dental examination.
a. An appropriate telehealth examination or evaluation may include an examination
utilizing secure videoconferencing in conjunction with store-and-forward
technology or appropriate diagnostic testing that would be required during an
in-person examination or evaluation or an examination conducted with an
appropriately licensed intervening dental health care provider, practicing within
the scope of the dental health care provider's profession, providing necessary
physical findings to the dentist during a live, two-way telehealth encounter. An
examination or evaluation consisting only of a static online questionnaire or an
audio conversation does not meet the standard of care.
b. The use of telehealth does not expand the scope of practice for a dental health
care provider, and may not be used to circumvent the licensure requirements
established for dental health care providers in this state.
c. A dentist who practices telehealth in this state must have adequate knowledge of
the availability and location of local dentists and dental health care providers to
provide followup care to a patient following a dental telehealth encounter,
including emergent and acute care facilities, in order to enable a patient to
receive followup care. Once a dentist conducts an appropriate examination or
evaluation, whether in-person or by telehealth, and establishes a patient-dentist
relationship, subsequent followup care may be provided as deemed appropriate
by the treating dentist, or by another dentist licensed by the board designated by
the treating dentist to act temporarily in the treating dentist's absence.
4. A dentist practicing telehealth is subject to all North Dakota laws governing the
adequacy of dental records and the provision of dental records to the patient and other
dental health care providers treating the patient.

5. A dentist practicing telehealth must have procedures for providing in-person services
or for the referral of a patient requiring dental services that cannot be provided by
telehealth to another dentist who practices in the area of the state and the patient can
readily access.
### § 43-28-12. Examination - Subjects covered.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-12.1. Regional or other states' examination.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-12.2. Continuing educational requirement for dentists - Audit.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-13. When re-examination required.

An individual who does not undertake the actual practice of dentistry within five years from
the date of the individual's license and registration or any holder of any privilege related to the
practice of dentistry shall, before engaging in the practice of dentistry in this state, notify the
board of the intention in writing. The board, after a full investigation, may re-examine the
individual as to the individual's qualifications to practice dentistry in this state, if the board
deems such re-examination necessary. The failure of the individual to give the written notice to
the board before engaging in the practice of dentistry in this state is grounds for disciplinary
action.
### § 43-28-14. Re-examination - Fee - Additional education.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-15. Licensure by credential review.

1. The board may issue a license and certificate of registration to practice dentistry in this
state to an applicant who meets the following requirements:
a. The applicant, for at least five years immediately preceding application, has been
licensed in good standing and has been actively practicing dentistry in another
jurisdiction where the requirements are at least substantially equivalent to those
of this state;
b. Grounds for denial of the application under section 43-28-18 do not exist;
c. The applicant pays to the board the fee determined by the board by rule;
d. The applicant delivers to the board a certificate from the examining or licensing
board of every jurisdiction in which the individual is practicing or is licensed to
practice, certifying that the individual is a licensed and registered dentist in good
standing in that jurisdiction;
e. The applicant passes a written examination on the laws and rules governing the
practice of dentistry in this state administered by the board at a meeting; and
f. The applicant meets any requirement for licensure established by the board by
rule.
2. The board may issue a license and certificate of registration to practice dentistry in this
state to an applicant who is in good standing under the laws of another jurisdiction,
has passed a hand skills examination approved by the board, and possesses
qualifications, education, and experience substantially similar to the requirements in
subsection 1.
### § 43-28-16. Certificate - Displayed in place of business.

The holder of a license and certificate of registration shall display the license and certificate
conspicuously in the holder's place of business.

### § 43-28-16.1. Death certificate issuance by dentist.

Any dentist licensed and registered may issue a death certificate in an emergency, when the
cause of death is known to the dentist.
### § 43-28-16.2. License renewals.

1. Licenses expire on December thirty-first of every odd-numbered year.
2. Licenses may be renewed by December thirty-first of the odd-numbered year by
submitting a renewal application, a renewal fee established by the board by rule, and
proof of completion of the continuing education requirements established by the board
by rule, provided grounds for denial under section 43-28-18 do not exist as determined
by the board.
3. If the renewal application, renewal fee, and proof of completion of continuing education
are not received by December thirty-first of the odd-numbered year, the license expires
and the individual may not practice dentistry.
4. Within sixty days after December thirty-first of the odd-numbered year, an expired
license may be renewed by submitting the renewal application, renewal fee, proof of
completion of continuing education, and a late fee established by the board by rule.
5. Between sixty-one days and one year after December thirty-first of the odd-numbered
year, an expired license may be renewed if the individual submits a renewal
application, pays the renewal fee, pays an amount equal to twice the late renewal fee,
and submits other documentation sought by the board confirming the individual retains
the skills necessary to practice.
6. If the renewal application, renewal fee, proof of completion of continuing education,
and late fee are not received within one year after December thirty-first of the
odd-numbered year, the license may not be renewed, and the individual must apply for
and meet the requirements for licensure to be granted a license.
7. The board may extend the renewal deadlines for an individual providing proof of
medical or other hardship rendering the individual unable to meet the deadline.
### § 43-28-17. Inactive status.

Upon payment of a fee determined by the board, a dentist may request to have the dentist's
license placed on inactive status. While on inactive status, the dentist may not engage in the
practice of dentistry in the state until the dentist applies for reinstatement, pays a renewal fee,
and meets any additional requirements established by rule.
### § 43-28-18. Grounds for denial of or disciplinary action against license and certificate.

The board may deny an application or take disciplinary action against the license and the
certificate of registration of any applicant or dentist who has:
1. Engaged in dishonorable, unprofessional, or immoral conduct.
2. Been convicted of an offense determined by the board to have a direct bearing upon
the individual's ability to serve the public as a dentist, or the board determines,
following conviction for any offense, that the individual is not sufficiently rehabilitated
under section 12.1-33-02.1.
3. Been adjudged mentally ill and not judicially restored by the regularly constituted
authorities or have a physical or mental disability materially affecting the ability to carry
out the duties within the scope of practice in a competent manner.
4. Used alcohol or drugs to such a degree as to interfere with the licensee's ability to
safely perform the duties within the scope of practice for dentistry.
5. Employed or permitted an unlicensed individual to practice dentistry in the office under
the dentist's control.
6. Been grossly negligent in the practice of dentistry.
7. Engaged in fraud or deceit in obtaining the license or in the practice of dentistry.
8. Disclosed confidential information.
9. Shared any professional fee with anyone or paid anyone for sending or referring
patients to the dentist. However, this does not prohibit dentists from practicing in a

partnership and sharing one another's professional fees, nor prohibit a dentist from
employing any other dentist or dental hygienist.
10. Used any advertising of any character tending to mislead and deceive the public,
including advertising the public could reasonably interpret as indicating the dentist is
qualified to practice a dental specialty, if the practice of that dental specialty would be
outside the scope of practice for which the dentist is qualified to practice.
11. Failed to meet minimum standards of professional competence.
12. Prescribed, administered, or dispensed medications for reasons or conditions outside
the scope of dental practice.
13. Fraudulently, carelessly, negligently, or inappropriately prescribed drugs or
medications.
14. Directed others to perform acts or provide dental services for which they were not
licensed or qualified or were prohibited by law or rule from performing or providing.
15. Submitted fraudulent insurance claims.
16. Made any false, fraudulent, deceptive, or untrue statements in connection with the
practice of dentistry, or in an application for an examination to obtain a license to
practice dentistry.
17. Made any false representations that the individual is the holder of a license or
certificate of registration to practice dentistry.
18. Made any false claims that the individual is a graduate of a dental college or the holder
of any diploma or degree from a dental college.
19. Failed to comply with commonly accepted national infection control guidelines and
standards.
20. Abandoned the dentist's practice in violation of rules adopted by the board.
21. Failed to report to the board as required under section 43-28-18.1.
22. Failed to practice within the scope of that dentist's education or advanced training as
recognized by the board, the American dental association, or other professional entity
recognized by the board.
23. Failed to release, within a reasonable time, copies of dental or medical records
requested by a patient of record or violated section 23-12-14, or failure to provide a
complying written statement to a patient, the board, or other requester. Dental records
may include any document, charting, study models, doctor's notations, billing
information, insurance document or combination of documents that pertains to a
patient's medical history, diagnosis, prognosis, or medical condition, which is
generated and maintained in the process of the patient's dental health care treatment.
Within ten days after receipt of request, a dentist who fails to release patient records
shall provide a written statement, detailing the cause of delay and an estimation of
when records will be produced, to the patient or requester.
24. Advised or directed patients to dental laboratories or dental laboratory technicians for
any dental service or advised or directed patients to deal directly with laboratories or
dental laboratory technicians without first having furnished the dental laboratory or
dental laboratory technician a written prescription.
25. Worked or cooperated with dental laboratories that advertise for public patronage by
delegating work to such laboratories in return for the referral of laboratory patrons for
professional services.
26. Used the services of a person or entity not licensed to practice dentistry in this state,
or constructed, altered, repaired, or duplicated a denture, plate, partial plate, bridge,
splint, or orthodontic or prosthetic appliance, except as provided by rule adopted by
the board.
27. Violated the code of ethics adopted by the board by rule.
28. Violated this chapter or rules adopted by the board.
29. Had the applicant's or dentist's license suspended, revoked, or disciplined in another
jurisdiction.
30. Maintained a lack of appropriate documentation in dental records for diagnosis,
testing, or treatment of patients.

31. Failed to fully and completely cooperate in an investigation by the board, including
failure to promptly provide legally sought information to the board or any investigative
panel, investigator, or authorized agent of the board.
32. Failed to comply with the terms of a program contracted for under section 43-28-06.
### § 43-28-18.1. Duty to report.

1. A dentist shall report to the board in writing within sixty days of the event any illegal,
unethical, or errant behavior or conduct of the dentist, including the following events,
proceedings, or formal or informal actions:
a. A dental malpractice judgment or malpractice settlement or a final judgment by a
court in favor of any party and against the licensee.
b. A final disposition regarding the surrender of a license, or adverse action taken
against a license by a licensing agency in another state, territory, or country; a
governmental agency; a law enforcement agency; or a court for an act or conduct
that would constitute grounds for discipline under this chapter.
c. A mortality or other incident occurring in an outpatient facility of the dentist which
results in temporary or permanent physical or mental injury requiring
hospitalization of the patient during or as a direct result of a dental procedure or
related use of general anesthesia, deep sedation, conscious sedation with a
parenteral drug, or enteral sedation.
d. An arrest by a law enforcement officer or criminal charges filed by a prosecutor.
2. A dentist shall advise the board in a timely manner if the dentist reasonably believes
another dentist has committed an illegal or immoral act or has otherwise failed to make
a report as required under subsection 1.
### § 43-28-18.2. Disciplinary procedure.

1. A person may file a written and signed complaint with the board alleging a dentist
engaged in conduct identified as grounds for disciplinary action under section
### § 43-28-18. The board may also initiate a complaint and investigation on the board's

motion.
2. The board may direct a complaint committee to investigate a complaint and
recommend whether the board should initiate a disciplinary action against the dentist.
3. The board or complaint committee shall notify the dentist of the complaint, and require
a written response from the dentist. The board or complaint committee may examine
and copy records, including patient records, examine witnesses, obtain expert
opinions, require the dentist to be physically or mentally examined, or both, by
qualified professionals selected by the board, and take any other action necessary to
investigate the complaint. A request by the board or complaint committee provides
sufficient authorization to disclose patient information and records to the board or
complaint committee. Patient information and records disclosed to the board or
complaint committee are confidential. The dentist shall cooperate with the board or the
complaint committee in the investigation, including responding promptly, truthfully, and
completely to a request or requirement.
4. The complaint, response, and any record received by the board during the
investigation of a complaint or other allegation are exempt records, as defined in
section 44-04-17.1, until the board determines to proceed with a disciplinary action.
5. The board shall determine if there is a reasonable basis to believe the dentist engaged
in conduct identified as grounds for disciplinary action under section 43-28-18. If the
board determines there is not a reasonable basis to believe, the board shall notify the
complainant and the dentist. If the board determines there is a reasonable basis to
believe, the board shall proceed with a disciplinary action in accordance with chapter
28-32.
6. The board, at any time, may offer or accept a proposal for informal resolution of the
complaint or disciplinary action.
7. The board may impose a fee on the dentist for all or part of the costs of an
investigation or action resulting in discipline, including administrative costs,

investigation costs, attorney's fees, witness fees, the cost of the office of administrative
hearings' services, and court costs.
8. In any agreement, order, or decision arising out of any disciplinary investigation or
action undertaken by the board, the board may direct the licensee or registrant to pay
the board a sum not to exceed the reasonable and actual costs, including reasonable
attorneys fees incurred by the board or investigative panels of the board in the
investigation or prosecution. The board may suspend a license or registration until
costs are paid to the board. Within thirty days of the issuance of an agreement, order,
or decision, a licensee or registrant may challenge the reasonableness of any cost
item by requesting a hearing under chapter 28-32. An administrative law judge may
approve, deny, or modify any cost item, and the determination of the judge is final. The
hearing must occur before the license or registration may be suspended for
nonpayment.
### § 43-28-18.3. Temporary suspension - Appeal.

1. When, based on verified evidence, the board determines by a clear and convincing
standard that the evidence presented to the board indicates that the continued practice
by the dentist would create a significant risk of serious and ongoing harm to the public
while a disciplinary proceeding is pending, and that immediate suspension of the
dentist's license is required to reasonably protect the public from that risk of harm, the
board may order a temporary suspension ex parte. For purposes of this section,
"verified evidence" means testimony taken under oath and based on personal
knowledge. The board shall give prompt written notice to the dentist of the ex parte
temporary suspension, which must include a copy of the order and complaint, the date
set for a full hearing on the merits of the evidence that resulted in the ex parte
temporary suspension, and a specific description of the nature of the evidence,
including a list of all known witnesses and a description of any documents relied upon
by the board in ordering the ex parte temporary suspension which, upon request, must
be made available to the dentist.
2. Unless the ex parte temporary suspension is otherwise terminated by the board, an
ex parte temporary suspension remains in effect until a final order is issued following a
full hearing on the merits conducted under chapter 28-32 or following an appeal under
this section.
3. The full hearing on the merits of the allegations to determine what disciplinary action, if
any, must be taken against the dentist who is the subject of the ex parte temporary
suspension must be held not later than thirty days from the issuance of the ex parte
temporary suspension order or as soon as practicable as determined by the hearing
officer. The dentist is entitled to a continuance of the thirty-day period upon request for
a period determined by the hearing officer.
4. The dentist may appeal the ex parte temporary suspension order before the full
hearing on the merits occurs. The appeal must be filed with the district court of
Burleigh County. The district court shall decide whether the board acted reasonably or
arbitrarily when ordering the ex parte temporary suspension. The district court shall
give priority to the appeal for prompt disposition.
5. A dental or medical record of a patient, or other document containing personal
information relating to a patient, obtained by the board is confidential.
### § 43-28-19. Revocation of license and certificate - Proceedings, how initiated - Service

of notice and hearing.
Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-20. Plea - Answer - Trial of issues - Witnesses and cost.

Repealed by S.L. 2009, ch. 369, § 31.

### § 43-28-21. Determination - Order - Appeal and review.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-22. Reinstatement of license - Renewal of certificate - When issued - Fees.

Repealed by S.L. 2009, ch. 369, § 31.
### § 43-28-23. Notice to board of change of address.

Within thirty days after a licensed and registered dentist changes the dentist's place of
business, the dentist shall notify the executive director of the board of the new address. The
notice must be given by certified mail and return receipt requested. Such licensed and
registered dentist may not practice dentistry in the state for more than thirty days after such
removal without giving such notice.
### § 43-28-24. Duplicate license and certificate - When issued - Fee.

If a license or certificate of registration to practice dentistry in this state is lost or destroyed,
the board shall issue and deliver a duplicate license or certificate for a fee established by rule.
### § 43-28-25. Unlawful acts - Penalty.

It is a class A misdemeanor:
1. For any unlicensed person to construct, alter, repair, or duplicate any denture, partial
denture, bridge, splint, or orthodontic or prosthetic appliance, except as provided by
rule adopted by the board.
2. For any person:
a. To falsely claim or pretend to be a graduate from any dental college or the holder
of any diploma or degree from such college;
b. To practice any fraud and deceit either in obtaining a license or a certificate of
registration;
c. To falsely claim or pretend to have or hold a license or certificate of registration
from the board to practice dentistry; or
d. To practice dentistry in this state without a license and certificate of registration.
3. For any person, except a dentist, to own more than forty-nine percent of an office
practice or business at which the practice of dentistry is performed. This provision
does not apply to a board-approved medical clinic, hospital, or public health setting
with which a dentist is associated; a board-approved nonprofit organization created to
serve the dental needs of an underserved population; or the heir or personal
representative of a deceased dentist. The board may inspect and approve a medical
clinic, hospital, public health setting, or nonprofit organization at which the practice of
dentistry is performed. The heir or personal representative may operate an office
under the name of the deceased dentist for a period of not longer than two years from
the date of the dentist's death.
The board may institute a civil action for an injunction prohibiting violations of this section
without proof that anyone suffered actual damages.
### § 43-28-25.1. Prohibition - Waivers.

A dentist practicing dentistry may not require a patient to sign a form or statement waiving
the patient's right to file a complaint against the dentist with an appropriate state entity or
shielding the dentist from liability for injury resulting from a dental encounter.
### § 43-28-26. Punishment for misdemeanors.

Repealed by S.L. 1975, ch. 106, § 673.
### § 43-28-27. Fees.

All license fees, registration fees, and other fees authorized to be assessed and collected
by the board must be established by rules adopted by the board.

### § 43-28-28. Joint negotiations by dental providers with dental insurers.

1. As authorized under this section, a dental provider and a dental insurer may enter into
voluntary non-fee-related joint negotiations. Before commencing voluntary joint
negotiations, a joint negotiation representative shall notify the attorney general of its
intent to engage in voluntary joint negotiations. The notice must be in writing and
include:
a. The matters, including terms and conditions, to be negotiated;
b. The identity and location of all dental providers participating in the voluntary joint
negotiations;
c. The identity, location, and market share of the dental insurer the dental providers
seek to engage in voluntary joint negotiations;
d. A statement explaining the circumstances create the need for voluntary joint
negotiations and the benefits anticipated from the voluntary joint negotiations;
and
e. The joint negotiation representative's procedures to ensure compliance with this
section.
2. At the time of the filing with the attorney general, the joint negotiation representative
shall provide a copy to the dental insurer of its notice and any other materials
submitted to the attorney general. The dental insurer may provide additional
information to the attorney general regarding matters described in this section.
3. The attorney general shall review the notice to determine whether the proposed
voluntary joint negotiations comply with law and public policy, and shall, within ninety
days, unless a thirty day extension is approved by the parties, notify the joint
negotiation representative and the dental insurer whether voluntary joint negotiations
are authorized under this section. The attorney general, in determining whether
voluntary joint negotiations are authorized, shall consider the following factors:
a. The stated necessity and anticipated benefits of voluntary joint negotiations;
b. The market and bargaining power of the parties;
c. A party's ability to control or steer consumers, dictate terms of contracts, impose
final or nonnegotiable terms, or dictate or limit products or services available or
offered to consumers;
d. The contract terms to be negotiated, and the contract terms' potential effect on
the ability to provide quality care or medically appropriate care without delay and
difficulty;
e. The risk of anticompetitive effects; and
f. The potential effect on price, quality, choice, or access to products or services for
consumers or others.
4. The attorney general may request additional information from the parties at any point
during the process or during the parties' negotiations.
5. Upon a determination by the attorney general that voluntary joint negotiation is
authorized under this section, and after a duly authorized officer of the dental insurer
and all dental providers seeking voluntary joint negotiations have granted written
consent, two or more dental providers practicing in the service area of the dental
insurer may jointly engage in voluntary negotiations with the dental insurer regarding
the following non-fee-related matters:
a. Definition of medical necessity and other conditions of coverage.
b. Utilization management criteria and procedures.
c. Clinical practice guidelines.
d. Preventative care and other medical management policies.
e. Patient referral standards and procedures.
f. Drug formularies and standards for prescribing off-formulary drugs.
g. Quality assurance programs.
h. Liability terms for a dental provider and dental insurer.
i. Administrative procedures.
j. Credentialing standards and procedures for selection, retention, and termination
of participating dentists.

k. Mechanisms for resolving disputes between the dental insurer and dental
providers.
l. Inclusion or alteration of a contractual term or condition, unless the inclusion or
alteration is otherwise required by federal or state law.
6. As used in this section, "fee-related matters" includes the amount of payment, the
amount of discount, procedure codes or descriptions of services covered by payment,
appropriate grouping of procedure codes, and any other matter directly relating to the
amount of reimbursements paid to or revenue received by dental providers.
7. a. Upon a determination by the attorney general that voluntary joint negotiations are
authorized under this section, dental providers may communicate with each other
and a joint negotiation representative authorized to negotiate on behalf of the
dental providers with the dental insurer concerning any contractual term or
condition to be negotiated, subject to any limitations imposed by the attorney
general. As used in this section, a "joint negotiation representative" means a
representative selected by two or more independent dental providers to engage
in voluntary joint negotiations with a dental insurer on behalf of the dental
providers.
b. The dental providers may agree to be bound by the terms and conditions
negotiated by the joint negotiation representative.
8. A person may not act as a joint negotiation representative without express permission
from the office of the attorney general.
9. a. Upon the joint negotiation representative and dental insurer determining a
voluntary agreement has been reached on contractual terms or conditions that
are the subject matter of the negotiations, the joint negotiation representative
shall submit to the attorney general, for its determination, a copy of the proposed
contract or agreed upon terms between the dental providers and the dental
insurer. At the time of the submission to the attorney general, the joint negotiation
representative shall provide a copy of the proposed materials submitted to the
attorney general to the dental insurer, which may provide additional information to
the attorney general regarding the matters in this section.
b. Within ninety days of receipt of the proposed contract or agreed upon terms, the
attorney general shall review the proposed contract or agreed upon terms and
provide a determination.
c. The attorney general may consider the following factors in reviewing a proposed
contract or term, a negotiated contract or term, and the plan of action for
implementing a negotiated contract or term under this section:
(1) Fairness of the contract and whether the contract terms are consistent with
applicable laws and regulations;
(2) Details provided about the negotiation process;
(3) The market and bargaining power of the parties;
(4) The contract terms and the benefits achieved by the parties;
(5) Potential benefit to consumers and other purchasers of dental insurance;
(6) Risk of harm to consumers and others, including the likelihood of increase in
prices or reduction in quality, choice, or access to dental care or dental
insurance;
(7) Risk of anticompetitive effects and potential effects on third parties, including
creation of barriers to entry for new market participants, unfair competition,
or exclusionary effects; and
(8) Promotion of increased infrastructure and innovation in a market.
d. Upon request from the attorney general, the joint negotiation representative, a
participating dental provider, and the dental insurer shall provide additional
information to inform the attorney general's determination under this section.
10. The attorney general may adopt rules and procedures as necessary to carry out the
responsibilities of this section.
11. This section does not apply to dental benefit plans providing covered services
exclusively or primarily to individuals who are eligible for medical assistance.

12. This section may not be construed to:
a. Permit a coordinated cessation, reduction, or limitation of dental services.
b. Affect government approval of, or otherwise restrict activity by, dental providers
which is not prohibited under federal antitrust law or require approval or contract
terms to the extent the terms are exempt from state regulation under federal law.
