§ 43-20-05 — Licenses and registrations - Denial and discipline

1. The board may deny an application for or take disciplinary action against a dental
hygienist's license or a registered or qualified dental assistant's registration, upon any
one or more of the following grounds:
a. Gross immorality or unprofessional conduct, which includes knowingly failing to
comply with commonly accepted national infection control guidelines and
standards.
b. Failure, neglect, or refusal to renew a license biennially.
c. Nonobservance or violation of this chapter, or of any board rule adopted under
this chapter.
d. Gross incompetency in the practice of dental hygiene.
e. Conviction of an offense determined by the board to have a direct bearing on the
individual's ability to serve the public as a dental hygienist or a registered or
qualified dental assistant, or the board determines, following conviction for any
offense, that the individual is not sufficiently rehabilitated under section
12.1-33-02.1.
f. Been adjudged mentally ill and not judicially restored by the regularly constituted
authorities, or having a physical or mental disability materially affecting the ability
to carry out the duties within the scope of practice in a competent manner.
g. The use of 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 dental hygiene
or dental assisting.
h. Engaged in fraud or deceit in obtaining a dental hygiene license or dental
assisting registration.
i. Disclosed confidential information.
j. Received a fee for the referral of patients to a dentist or dental hygienist.
k. Used unethical measures to draw dental patronage from the practice of another
licensee.
l. Fraudulently prescribed or dispensed drugs or medications.
m. Knowingly submitted misleading, deceptive, untrue, or fraudulent information on a
claim form, bill, or statement to a third party.

n. Advised or directed patients to dental laboratories or dental laboratory technicians
for a dental service or advised or directed patients to deal directly with
laboratories or dental laboratory technicians.
o. Violated the code of ethics adopted by the board by rule.
p. Had a registration or license suspended, revoked, or disciplined in another
jurisdiction.
q. Failed to report to the board in writing within sixty days a violation of this chapter
or chapter 43-28.
r. Practiced outside the scope of practice established by the board by rules and this
chapter.
s. Failed to fully and completely cooperate in any investigation initiated by the
board, including the failure to promptly provide any information legally sought by
the board, its investigative panel, its investigators, or its authorized agents.
t. Noncompliance with the terms of a program contracted for under section
43-28-06.
2. The procedure for taking disciplinary action under this section must be the same as
required by section 43-28-18.2.