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:

Terms Used In North Dakota Code 43-28-18

  • Conviction: A judgement of guilt against a criminal defendant.
  • Dependent: A person dependent for support upon another.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Fraud: Intentional deception resulting in injury to another.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37

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.

4.    Abused, is dependent on, or addicted to the use of alcohol or drugs.

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 or untrue statements 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 copies of dental or medical records requested by a patient of record or violated section 23-12-14. 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.

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.

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