SUBCHAPTER 16B - LICENSURE DENTISTS
SECTION .0100 - GENERAL PROVISIONS
21 NCAC 16B .0101 EXAMINATION REQUIRED; EXEMPTIONS
(a) Persons seeking a license to practice dentistry in North Carolina shall pass Board approved written and clinical examinations, as set forth in Rule .0303 of this Subchapter, before receiving a license.
(b) The examination requirement in Paragraph (a) of this Rule shall not apply to persons who do not hold a North Carolina dental license and who are:
(1) volunteers pursuant to G.S. 90-21.107;
(2) persons holding an unexpired instructor's license issued by the Board and seeking a dental license pursuant to Rule .0502 of this Subchapter; or
(3) persons seeking a dental license pursuant to a Board rule setting forth a different examination requirement, such as:
(A) by military endorsement pursuant to Rules .1001 and .1002 of this Subchapter; or
(B) by credentials pursuant to Rule .0501 of this Subchapter.
(c) All persons practicing dentistry in North Carolina shall maintain an unexpired CPR certification at all times.
History Note: Authority G.S. 90-21.107; 90-28; 90-30; 90-36; 90-48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. September 1, 2014; September 1, 2013; March 1, 2006; May 1, 1991; May 1, 1989; January 1, 1983;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. December 1, 2023; October 1, 2019.
21 NCAC 16B .0102 NO RECIPROCAL ARRANGEMENT
History Note: Authority G.S. 90‑28; 90‑30; 90‑36; 90‑48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. May 1, 1989;
Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.
SECTION .0200 - QUALIFICATIONS
21 NCAC 16B .0201 IN GENERAL
(a) An applicant for licensure as a dentist shall be a graduate of and have a DMD or DDS degree from a university or college accredited by the Commission on Dental Accreditation of the American Dental Association.
(b) Graduates of foreign colleges may apply for licensure after completing at least two years in a dental school accredited by the Commission on Accreditation of the American Dental Association, graduating with a DMD or DDS degree from that dental school, and passing Board approved written and clinical examinations, as set out in these Rules.
History Note: Authority G.S. 90-28; 90-30; 90-48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. September 1, 2014; August 1, 2009; March 1, 2006; May 1, 1989; October 1, 1986;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
21 NCAC 16B .0202 STUDENT MAY APPLY
Applications for a dental license shall be accepted from students currently enrolled in schools of dentistry accredited by the Commission on Dental Accreditation of the American Dental Association. Applications shall be automatically denied if the applicant fails to complete the required course of study or fails a Board approved licensure examination.
History Note: Authority G.S. 90-28; 90-30; 90-48;
Eff. September 3, 1976;
Readopted Eff. March 1, 2006; September 26, 1977;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
21 NCAC 16B .0203 TRANSCRIPTS REQUIRED
History Note: Authority G.S. 90‑28; 90‑30; 90‑48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. May 1, 1989;
Repealed Eff. March 1, 2006.
SECTION .0300 - APPLICATION FOR LICENSURE
21 NCAC 16B .0301 APPLICATION FOR LICENSURE
(a) All applications for licensure as a dentist shall be made on the forms furnished by the Board at www.ncdentalboard.org and shall include the following information:
(1) full name;
(2) street address as of the date of the application;
(3) permanent street address;
(4) preferred mailing address for all information;
(5) telephone number;
(6) email address;
(7) age;
(8) date of birth;
(9) place of birth;
(10) citizenship or immigration status, with verifying documentation;
(11) social security number;
(12) marital status;
(13) any other name by which the applicant was known in the past, accompanied by a certified copy of a court order of name change, if applicable;
(14) all resident addresses for the 10 years preceding the date of application;
(15) the names, addresses, and phone numbers for two individuals to whom the applicant always provides the applicant's current address;
(16) disclosure and explanation of any bankruptcy proceedings in which the applicant was a named party;
(17) the license number, issuing state, and expiration date for all current drivers' licenses held by the applicant, and the issuing state for all drivers' licenses held in the past by the applicant;
(18) the date of the applicant's previous application for examination by the Board, if applicable;
(19) the date and type of any dental permit or provisional license for which the applicant applied in the past, if applicable;
(20) if the applicant failed an examination administered by a dental board, the date of the examination and jurisdiction of the dental board that administered the examination;
(21) if any dental board has refused to administer an examination to applicant, the jurisdiction of the dental board that refused to administer the examination and the date of the refusal;
(22) the dates upon which the applicant has taken the Dental National Board Examination, the location of the examination, and authorization for the Board to access the examination scores;
(23) if the applicant failed the Dental National Board Examination, the date of the failed examination;
(24) if the applicant has applied for a dental license in any other state or foreign country, the date of the application and whether the license was issued to the applicant;
(25) all employment held by the applicant for the past 10 years other than dentistry;
(26) if the applicant was terminated from employment within the past 10 years, an explanation regarding the termination;
(27) all dental licenses from other jurisdictions ever held by the applicant, including type of licensure, license number, and dates of licensure;
(28) if the applicant has ever been suspended or otherwise disqualified, or reprimanded, censured, or otherwise disciplined by any licensing board, professional organization, or while the applicant was holding public office, a written statement disclosing:
(A) the facts that formed the basis for the discipline;
(B) the date of the discipline;
(C) whether the applicant appealed the discipline and the outcome of any appeal; and
(D) the name and address of the authority in possession of records related to discipline;
(29) if the applicant has ever been the subject of a complaint with any licensing board, professional organization, or while the applicant was holding public office, a written statement disclosing:
(A) the facts that gave rise to the complaint;
(B) the date of the complaint;
(C) whether the organization that received the complaint instituted proceedings against the applicant; and
(D) the name and address of the authority in possession of records related to the complaint;
(30) if the applicant has ever been reported to the National Practitioner Data Bank or the Healthcare Integrity and Protection Data Bank, a written statement disclosing:
(A) the facts that formed the basis for the report;
(B) the date of the report; and
(C) the name and address of the authority in possession of records related to the report;
(31) if the applicant is a diplomate, board-eligible, or a declared specialist in any branch of dentistry, a statement of specialty and how he or she is qualified;
(32) if the applicant has taken any post-graduate training or refresher courses, other than continuing education courses, since receiving his or her dental degree, a written statement of the dates, locations, and names of the training or refresher courses;
(33) if the applicant has ever been dropped, suspended, expelled, or disciplined by any post-secondary school or college, a written statement disclosing:
(A) the facts leading to the discipline;
(B) the date of the discipline; and
(C) the school or college issuing the discipline;
(34) if the applicant has ever been denied admission to any college or post-secondary school for a reason other than academic qualifications, a written statement explaining the reason for the admission denial;
(35) if the applicant has ever served in the armed forces of the United States or any other country, a written statement explaining:
(A) whether the applicant has been separated from service;
(B) the nature of the separation;
(C) if other than honorable, the circumstances surrounding his or her release from service;
(D) dates of service;
(E) the facts leading to any charges or complaints made or filed against the applicant while the applicant was serving in the armed forces, and the outcome of the charges or complaints;
(F) the facts leading to any disciplinary proceedings instituted against the applicant while serving in the armed forces, and the outcome of the proceedings; and
(G) if the applicant was ever a defendant in any court martial, the facts giving rise to those proceedings and the outcome of the proceedings;
(36) a statement of whether the applicant has registered under the Military Selective Service Act;
(37) a statement of whether the applicant has ever:
(A) been summoned to court or before a magistrate for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(B) been arrested for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(C) been taken into custody for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(D) been indicted for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(E) been convicted or tried for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(F) been charged with the violation of any law or ordinance or for the commission of any felony or misdemeanor; or
(G) pleaded guilty to the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(38) if the applicant has been admitted to practice dentistry in any jurisdiction, a certified statement disclosing all the dental practices at which the applicant has worked from dental school graduation to the date of the application, including:
(A) the dates during which the applicant was employed as a dentist or engaged in practice;
(B) the addresses of offices of places at which the applicant was employed or practicing, and the names and addresses of all employers, partners, associates, or other dentists sharing office space;
(C) whether the applicant was practicing general dentistry or a specialty; and
(D) the reason for the termination of each employment or period of private practice;
(39) if the applicant has ever held any other health care license, a written statement disclosing:
(A) the type of license held by the applicant;
(B) the dates the applicant held the license; and
(C) the licensing board that issued the license;
(40) if the applicant has ever held hospital privileges and those privileges were suspended or revoked, a written statement disclosing the date, location, and reason the privileges were suspended or revoked;
(41) if the applicant has ever held a federal Drug Enforcement Administration license or registration number and, if that license or registration number has ever been revoked, suspended, or surrendered, a written statement disclosing the date, location, and reason for the revocation, suspension, or decision to surrender the license or registration number;
(42) the applicant's post-high school, pre-dental education, including the name and location of the schools the applicant attended and the period of attendance;
(43) each degree conferred upon the applicant, including the date of the degree and institution;
(44) copies of the applicant's transcripts of undergraduate college;
(45) the name and location of each dental school that the applicant attended, the period of attendance, the degree conferred upon applicant, and the institution that conferred the degree;
(46) a statement disclosing and explaining any current condition or impairment, including substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition, that in any way affects the ability to practice dentistry. For purposes of this Rule, "current" means recently enough that the condition or impairment may affect the applicant's ability to function as a dentist as set out in G.S. 90-41(a)(2) and (7). If the applicant contends that the condition or impairment is reduced or ameliorated because the applicant is receiving ongoing treatment or participating in a monitoring or support program, the applicant may provide information regarding the treatment or program, and may include any verification demonstrating that the applicant has complied with all provisions and terms of any drug treatment program, or impaired dentists or other impaired professionals program;
(47) a photograph of the applicant, taken within six months prior to the date of the application;
(48) a completed fingerprint record card and signed release of information form authorizing the Board to request a fingerprint-based criminal history record check from the North Carolina State Bureau of Investigation (SBI);
(49) a copy of an unexpired CPR certificate; and
(50) if the applicant holds, or has held in the past, a dental license in any other state or jurisdiction, a copy of a National Practitioner Data Bank Report concerning the applicant that was obtained within six months prior to the date the Report is submitted to the Board.
(b) The applicant shall submit to the Board the notarized application form with all the information and materials listed in Paragraph (a) of this Rule, accompanied by the nonrefundable application fee set forth in 21 NCAC 16M .0101.
(c) In addition to the requirements of Paragraphs (a) and (b) of this Rule, the applicant shall request the applicable entity to send the following required information or documents to the Board office, with each document in an unopened envelope sealed by the entity involved:
(1) the applicant's official transcripts from a dental school accredited by the Commission on Dental Accreditation of the American Dental Association;
(2) if the applicant is licensed in other states, a certificate of the applicant's licensure status from the dental regulatory authority or other occupational or professional regulatory authority, accompanied by a disclosure of any disciplinary action taken or investigation pending, from all licensing jurisdictions where the applicant holds or has ever held a dental license or other occupational or professional license; and
(3) examination scores required by Rule .0303(b) of this Subchapter that shall include the American Board of Dental Examiners (ADEX) dental licensure examinations.
(d) The Board shall receive all information and documentation set forth in Paragraphs (a) through (c) of this Rule and the applicant's passing scores on all examinations required by Rule .0303 of this Subchapter for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired without a refund of the application fee.
(e) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(f) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-28; 90-30; 90-39; 90-41; 90-48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. September 1, 2014; March 1, 2006;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
21 NCAC 16B .0302 CONSENT FOR BOARD INVESTIGATION
In making application, the applicant authorizes the Board to verify the information contained in the application or to seek such further information pertinent to the applicant's qualifications or character as the Board may deem proper. The applicant consents that his character and reputation may be inquired into, and waives any right he may have to recover damages against the Board, any member thereof or its agents, or any person who answers a Board inquiry in good faith and without malicious intent.
History Note: Authority G.S. 90‑28; 90‑30; 90‑48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
21 NCAC 16B .0303 Board approved EXAMINATIONS
(a) All applicants for dental licensure shall achieve a passing score of at least 80 percent on the Board's sterilization and jurisprudence examinations. Applicants may take reexamination in accordance with Rule .0317 of this Section.
(b) All applicants for dental licensure shall achieve passing scores on the examination administered by the Joint Commission on National Dental Examinations and clinical examinations administered by Board approved testing agencies. The Board shall determine which testing agencies are approved based on the requirements set forth in Paragraphs (c) and (d) of this Rule.
(c) To qualify as an approved testing agency, the test-development agency shall allow a representative of the Dental Board to serve on the agency's Board of Directors and the Examination Review Committee for the limited purpose of allowing Dental Board input in the development and administration of the examination.
(d) To qualify as an approved testing agency, the clinical examination administered by a testing agency shall:
(1) include procedures performed on human subjects or an alternative method that simulates human subjects, including manikins, as part of the assessment of restorative clinical competencies;
(2) include evaluations in clinical periodontics and at least three of the following subject matter areas:
(A) endodontics, clinical abilities testing;
(B) amalgam preparation and restoration;
(C) anterior composite preparation and restoration;
(D) posterior ceramic or composite preparation and restoration;
(E) prosthetics, written or clinical abilities testing;
(F) oral diagnosis, written or clinical abilities testing; or
(G) oral surgery, written or clinical abilities testing; and
(3) provide the following:
(A) anonymity between applicants and examination graders;
(B) standardization and calibration of graders;
(C) a mechanism for post exam analysis;
(D) conjunctive scoring, which is scoring that requires applicants to earn a passing grade on all sections or areas tested and that does not allow weighted, averaged, or overall scoring to compensate for failures in individual subject areas;
(E) a minimum passing score set by the testing agency for each subject area tested;
(F) an annual review of the examination conducted by the testing agency;
(G) a task analysis performed by the testing agency at least once every seven years that surveys dentists nationwide to determine the content of the examination;
(H) a system of quality assurance to ensure uniform, consistent administration of the examination at each testing site; and
(I) a system of quality assurance that does not permit a dental instructor to grade candidates at any institution at which the instructor is employed.
(e) The Board shall accept examination scores for five years following the date of the examinations. Each applicant shall request the applicable entity to send the applicant's scores to the Board office. Individuals who apply for licensure more than five years after the examination date shall re-take the examination.
(f) The applicant shall comply with all requirements of the testing agency in applying for and taking the examination.
History Note: Authority G.S. 90-30; 90-48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. September 1, 2014; June 1, 2009; March 1, 2006; August 1, 1998; March 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. December 1, 2022; October 1, 2019.
21 ncac 16b .0304 OTHER REQUIREMENTS
21 ncac 16b .0305 TIME FOR FILING
21 NCAC 16B .0306 FOREIGN GRADUATES
21 NCAC 16B .0307 EXAMINATIONS
21 NCAC 16B .0308 PATIENTS AND SUPPLIES FOR CLINICAL EXAM
21 NCAC 16B .0309 SCOPE OF CLINICAL EXAMINATION
History Note: Authority G.S. 90‑28; 90‑30; 90-41; 90‑48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. August 1, 2002 August 1, 1998; January 1, 1994; May 1, 1991; May 1, 1989; March 1, 1988; October 1, 1986; January 1, 1983;
Temporary Amendment Eff. January 1, 2003;
Amended Eff. January 1, 2004; April 1, 2003;
Repealed Eff. March 1, 2006.
21 NCAC 16B .0310 CLINICAL OPERATIVE DENTISTRY
21 NCAC 16B .0311 ORAL SURGERY: RADIOGRAPHS: INTERPRETATION AND DIAGNOSIS
21 NCAC 16B .0312 REMOVABLE PROSTHODONTICS
21 NCAC 16B .0313 PERIODONTICS
History Note: Authority G.S. 90‑28; 90‑30; 90‑48;
Eff. September 3, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. January 1, 1983;
Repealed Eff. October 1, 1986.
21 NCAC 16B .0314 SIMULATED CLINICAL PROCEDURES
History Note: Authority G.S. 90‑28; 90‑30; 90‑48;
Eff. January 1, 1983;
Repealed Eff. October 1, 1986.
21 ncac 16b .0315 REEXAMINATION
History Note: Authority G.S. 90-28; 90-30; 90-48;
Eff. January 1, 1983;
Amended Eff. April 1, 2003; August 1, 2002; May 1, 1991; May 1, 1989; October 1, 1986;
Repealed Eff. March 1, 2006.
21 NCAC 16B .0316 ORAL EXAMINATION: INSTRUCTORS
History Note: Authority G.S. 90‑28; 90‑30; 90‑48;
Eff. October 1, 1986;
Repealed Eff. May 1, 1989.
21 ncac 16b .0317 REEXAMINATION
(a) Any applicant who has passed the written examination but has failed the clinical examination must also re-take the written examination unless the applicant successfully passes the clinical examination within one year after passing the written examination. The Board will not accept scores from the written portion of the examination that are more than one year old.
(b) Any applicant who has failed the written portion of the examination may retake the written portion of the examination two additional times during the 12 month period from the date of the initial examination. The applicant must wait a minimum of 72 hours before attempting to retake a written examination.
(c) Any applicant who has failed the written portion of the examination three times shall successfully complete an additional Board approved course of study in the area(s) of deficiency exhibited on the examination. Such applicant must send evidence of the additional study, along with the application, before being admitted for reexamination.
History Note: Authority G.S. 90-28; 90-30; 90-48;
Eff. November 1, 2008;
Amended Eff. September 1, 2013;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
21 NCAC 16B .0318 TEMPORARY LIMIted LICENSE during state of emergency
Emergency Adoption Eff. May 22, 2020 to expire pursuant to S.L. 2020-3, s. 4.38.(e);
Emergency Adoption Expired Eff. August 1, 2020 pursuant to S.L. 2020-3, s. 4.38.(e);
Emergency Adoption Eff. October 22, 2020 to expire pursuant to S.L. 2020-97, s. 3.20;
Emergency Adoption Expired Eff. March 31, 2021.
SECTION .0400 – LICENSURE BY BOARD CONDUCTED EXAMINATION
21 NCAC 16B .0401 APPLICATION FOR BOARD CONDUCTED EXAMINATION
21 NCAC 16B .0402 TIME FOR FILING
21 NCAC 16B .0403 EXAMINATION conducted by the board
21 NCAC 16B .0404 PATIENTS AND SUPPLIES FOR BOARD CONDUCTED CLINICAL EXAMINATION
21 NCAC 16B .0405 SCOPE OF BOARD CONDUCTED CLINICAL EXAMINATION
History Note: Authority G.S. 90-28; 90-30; 90-39; 90-41; 90-48;
Eff. March 1, 2006;
Amended Eff. February 1, 2008;
Repealed Eff. September 1, 2014.
21 ncac 16b .0406 BOARD CONDUCTED REEXAMINATION
History Note: Authority G.S. 90-28; 90-30; 90-48;
Eff. April 1, 2006;
Repealed Eff. September 1, 2014.
SECTION .0500 – LICENSURE BY CREDENTIALS
21 ncac 16b .0501 DENTAL LICENSURE BY CREDENTIALS
(a) Except for instructors applying under Rule .0502 of this Section, an applicant for a dental license by credentials shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes the information and materials required by Rule .0301(a) of this Subchapter;
(2) the non-refundable licensure by credentials fee set forth in 21 NCAC 16M .0101;
(3) an affidavit from the applicant stating for the five year period set out in G.S. 90-36(c)(1):
(A) the dates that and locations where the applicant has practiced dentistry;
(B) that the applicant has provided at least 5,000 hours of clinical care to patients, not including postgraduate training, residency programs, or an internship; and
(C) that the applicant has held an active, unrestricted dental license issued by another U.S. state or U.S. territory, without any period of interruption; and
(4) a statement disclosing and explaining any investigations, malpractice claims, or state or federal agency complaints, judgments, or settlements that are related to licensure and are not disclosed elsewhere in the application.
(b) In addition to the requirements of Paragraph (a) of this Rule, an applicant for a dental license by credentials shall request the applicable entity to send the following required information or documents, in a sealed envelope or via secure electronic transmission, directly from the entity to the Board office:
(1) the applicant's official transcripts from a dental school or college accredited by the Commission on Dental Accreditation of the American Dental Association ("CODA") showing the applicant graduated with a DDS or DMD degree;
(2) a certificate of the applicant's licensure status from the dental regulatory authority or other occupational or professional regulatory authority and a disclosure of any disciplinary action taken or investigation pending, from all licensing jurisdictions where the applicant holds or has ever held a dental license or other occupational or professional license;
(3) scores from:
(A) the National Board Dental Examination administered by the Joint Commission on National Dental Examinations; and
(B) a clinical examination accepted by the Board based on the criteria set out in Rule .0303(d) of this Subchapter;
(4) a report of any pending or final malpractice actions against the applicant verified by any malpractice insurance carrier covering the applicant; and
(5) a letter of coverage history from all current and all previous malpractice insurance carriers covering the applicant.
(c) An application shall be complete when the Board receives all information and documentation set forth in Paragraphs (a) and (b) of this Rule and the applicant's passing scores on all examinations required by this Rule. Partial applications that are not completed within one year of the date the first document is submitted to the Board shall be disregarded as expired without a refund of the application fee.
(d) An applicant for dental licensure by credentials shall pass the Board's written examinations in sterilization and jurisprudence as set out in Rule .0303(a) of this Subchapter. Individuals who do not pass either written examination after three attempts within one year in accordance with Rule .0317(b) of this Subchapter shall not be eligible for reexamination under Rule .0317(c) of this Subchapter and may not reapply for licensure by credentials.
(1) the applicant is not required to hold a dental license issued by any U.S. state or territory; and
(2) the applicant shall satisfy the educational credentials requirement set out in Subparagraph (b)(1) of this Rule by requesting the applicable entity to send directly to the Board office, in a sealed envelope or via secure electronic transmission:
(A) official transcripts from any school or college showing the applicant graduated with a general dental degree; and
(B) official transcripts from a school or college showing the applicant graduated with a certificate or a degree from a CODA-accredited advanced dental education program in the school.
(f) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(g) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-28; 90-36; 90-41;
Temporary Adoption Eff. January 1, 2003;
Eff. January 1, 2004;
Recodified from 21 NCAC 16B .0401 Eff. March 1, 2006;
Amended Eff. September 1, 2014; February 1, 2010;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. December 1, 2023; March 1, 2020.
21 NCAC 16B .0502 DENTAL LICENSURE VIA Instructor'S license
(a) An applicant for license by credentials who holds an unexpired instructor's license issued by the Board shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes information and materials required by Rule .0301(a) of this Subchapter;
(2) a letter of recommendation from the applicant's employing dental school or academic medical center; and
(3) the non-refundable licensure by credentials fee set forth in 21 NCAC 16M .0101.
(b) An application shall be complete when the Board receives all information and documentation required by this Rule. Partial applications that are not completed within one year of the date the first document is submitted to the Board shall be disregarded as expired without a refund of the application fee.
(c) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(d) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-28; 90-36; 90-41;
Eff. December 1, 2023.
SECTION .0600 – LIMITED VOLUNTEER DENTAL LICENSE
21 NCAC 16B .0601 LIMITED VOLUNTEER DENTAL LICENSE
(a) An applicant for a limited volunteer dental license shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes the information and materials required by Rule .0301(a) of this Subchapter;
(2) the non-refundable limited volunteer dental licensure fee set forth in 21 NCAC 16M .0101;
(3) an affidavit from the applicant stating:
(A) for the five consecutive years preceding the date of the application, the dates that and locations where the applicant has practiced dentistry;
(B) that the applicant has provided at least 1,000 hours per year of clinical care to patients for at least five years, not including post graduate training, residency programs or an internship; and
(C) that the applicant has provided at least 500 hours of clinical care to patients within the five years preceding the date of the application, not including post graduate training, residency programs or an internship; and
(4) a statement disclosing and explaining any investigations, malpractice claims, or state or federal agency complaints, judgments, or settlements that are related to licensure and are not disclosed elsewhere in the application.
(b) In addition to the requirements of Paragraph (a) of this Rule, an applicant for a limited volunteer dental license shall satisfy the requirements in Rule .0501(b) of this Subchapter.
(c) The Board shall receive all information and documentation required under Paragraphs (a) and (b) of this Rule and the applicant's passing scores on all examinations required by Rule .0303 of this Subchapter for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired without a refund of the application fee.
(d) An applicant for limited volunteer dental license shall pass written examinations as set out in Rule .0303(a) of this Subchapter. Applicants who do not pass the written examination after three attempts in one year may not reapply for a limited volunteer dental license.
(e) A North Carolina licensee who holds an active dental license may request his or her active dental license be converted to a limited volunteer dental license by submitting a written request to the Board office. A North Carolina active licensee making this request is not subject to Paragraphs (a) through (d) of this Rule.
(f) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(g) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-28; 90-37.1;
Temporary Adoption Eff. January 1, 2003;
Eff. January 1, 2004;
Recodified from 21 NCAC 16B .0501 Eff. March 1, 2006;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
SECTION .0700 – INSTRUCTOR'S LICENSE
21 ncac 16b .0701 INSTRUCTOR'S LICENSE
(a) An applicant for an instructor's license shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes the information and materials required by Rule .0301(a) of this Subchapter;
(2) the non-refundable instructor's licensure fee set forth in 21 NCAC 16M .0101; and
(3) a statement disclosing and explaining any investigations, malpractice claims, or state or federal agency complaints, judgments, or settlements that are related to licensure and are not disclosed elsewhere in the application.
(b) In addition to the requirements of Paragraph (a) of this Rule, an applicant for an instructor's license shall request the applicable entity to send the following required information or documents to the Board office, with each document in an unopened envelope sealed by the entity involved:
(1) if the applicant is or has ever been employed as a dentist by or under contract with a government agency or a nonprofit or for-profit organization, a certification letter of the applicant's current status and disciplinary history from each agency or organization where the applicant is or has been employed or under contract;
(2) a certificate of the applicant's licensure status from the dental regulatory authority or other occupational or professional regulatory authority and information regarding all disciplinary actions taken or investigations pending, from all licensing jurisdictions where the applicant holds or has ever held a dental license or other occupational or professional license;
(3) a report of any pending or final malpractice actions against the applicant, verified by the malpractice insurance carrier covering the applicant;
(4) a letter of coverage history from all current and all previous malpractice insurance carriers covering the applicant; and
(5) a certification letter from the dean or director that the applicant has met or been approved under the credentialing standards of a dental school or an academic medical center with which the person is to be affiliated, and certification that the school or medical center is accredited by the American Dental Association's Commission on Accreditation or the Joint Commission on Accreditation of Health Care Organizations.
(c) The Board shall receive all information and documentation set forth in Paragraphs (a) and (b) of this Rule for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired without a refund of the application fee.
(d) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(e) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-28; 90-29.5;
Temporary Adoption Eff. January 1, 2003;
Eff. January 1, 2004;
Recodified from 21 NCAC 16B .0601 Eff. March 1, 2006;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
section .0800 – special restricted licenses
21 NCAC 16B .0801 TEMPORARY VOLUNTEER DENTAL PERMIT
(a) An applicant for a temporary volunteer dental permit shall submit to the Board an application form provided by the Board at www.ncdentalboard.org that includes the following information:
(1) full name;
(2) street address;
(3) employer name and address, and the applicant's position title;
(4) work, home, and cellular telephone numbers;
(5) fax number;
(6) email address;
(7) any other name by which the applicant was known in the past;
(8) social security number;
(9) citizenship or immigration status, with verifying documentation;
(10) authorization to work in the United States;
(11) dental education, including dental school name, address, and the applicant's graduation date, and any other dental post-graduate education;
(12) all dental licenses from other states ever held by the applicant, including state, license number, date issued, and licensure status as of the application date;
(13) if the applicant has ever been denied a license or the privilege of taking a dental licensure or competency examination by any dental licensing authority or examining body, a written statement disclosing the details, jurisdiction, and date;
(14) if the applicant is not engaged in the practice of dentistry as of the application date, the last month and year when the applicant practiced;
(15) if the applicant has been charged with or convicted of any crime within the 10 years preceding the application date, excluding traffic violations but including driving while impaired offenses, a written statement disclosing the details and copies of the charges and judgment;
(16) if the applicant has any contagious or infectious disease, a written statement disclosing the details;
(17) a statement disclosing and explaining any current condition or impairment, including substance abuse, alcohol abuse, or a mental, emotional, or nervous disorder or condition, that in any way affects the ability to practice dentistry. For purposes of this Rule, "current" means recently enough that the condition may affect the applicant's ability to function as a dentist as set out in G.S. 90-41(a)(2) and (7). If the applicant contends that the condition or impairment is reduced or ameliorated because the applicant is receiving ongoing treatment or participating in a monitoring or support program, the applicant may provide information regarding the treatment or program, and may include any verification demonstrating that the applicant has complied with all provisions and terms of any drug treatment program, or impaired dentists or other impaired professionals program;
(18) the type of facility and addresses of all facilities where the applicant will provide temporary volunteer dental services in North Carolina;
(19) the dates on which the applicant intends to provide temporary volunteer dental services in North Carolina;
(20) the names of all North Carolina licensed dentists who will direct or supervise the applicant at each location where the applicant will provide temporary volunteer dental services;
(21) a copy of an unexpired CPR certificate;
(22) a photograph of the applicant taken within six months preceding the application date;
(23) a completed fingerprint record card and signed release of information form authorizing the Board to request a fingerprint-based criminal history record check from the North Carolina State Bureau of Investigation (SBI); and
(24) a signed, notarized statement by the applicant affirming the applicant has not been disciplined by any dental board or agency, the information in the application is accurate, and no fee will be charged or accepted for any dental services provided.
(b) In addition to the requirements of Paragraph (a) of this Rule, the applicant shall request the applicable entity or person to send the following required information or documents to the Board office, with each document in an unopened envelope sealed by the entity involved:
(1) a statement from all jurisdictions in which the applicant is now or has ever been licensed, disclosing the applicant's disciplinary history and current status of the applicant's license; and
(2) a statement signed by a North Carolina licensed dentist agreeing to provide supervision or direction to the temporary volunteer dentist, stating when and where the supervision or direction will occur and affirming that no fee or monetary compensation of any kind will be paid to the applicant for dental services performed.
(c) The Board shall receive all items set forth in Paragraphs (a) and (b) of this Rule for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired.
(d) The holder of a temporary volunteer dental permit shall notify the Board within five days of any changes in the practice location or facility disclosed under Paragraph (a) of this Rule.
(e) To renew the temporary volunteer dental permit, the licensee shall submit to the Board:
(1) an affidavit or notarized statement verifying the location and type of facility where the applicant will practice, the duration of the practice, the name of the supervising dentist, that no fee will be charged or accepted, and that the information in the original application submitted under Paragraph (a) of this Rule is correct and requires no update or correction; and
(2) the information required in Paragraph (b) of this Rule.
The Board shall receive all items set forth in this Paragraph for the renewal application to be complete before the deadline for renewing applications. The applicant shall report any changes to submitted information within five days of when the licensee knew or should have known of the changes.
(f) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(g) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-29; 90-37.2; 90-41;
Eff. February 1, 2008;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
SECTION .0900 – EXEMPTIONS FOR ACTIVE MILITARY
21 NCAC 16B .0901 DEFINITIONS
The following definitions apply only to this Section;
(1) "Dental Board" – the North Carolina State Board of Dental Examiners.
(2) "Eligible licensees" – all dentists currently licensed by and in good standing with the North Carolina State Board of Dental Examiners who are serving in the armed forces of the United States and who are eligible for an extension of time to file a tax return pursuant to G.S. 105-249.2.
(3) "Extension period" – the time period disregarded pursuant to 26 U.S.C. 7508.
(4) "Good standing" – a dentist whose license is not suspended, revoked or subject to a probationary order.
History Note: Authority G.S. 90-28; 93B-15;
Eff. April 1, 2010;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
21 NCAC 16B .0902 EXEMPTIONS GRANTED
(a) Eligible licensees are granted a waiver of their mandatory continuing education requirements.
(b) Eligible licensees are granted an extension period in which to pay license renewal fees and comply with all other requirements imposed by the Dental Board as conditions for maintaining licensure and current sedation permits.
History Note: Authority G.S. 90-28; 93B-15;
Eff. April 1, 2010;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.
SECTION .1000 - licensure by military endorsement
21 ncac 16b .1001 DENTAL LICENSURE BY ENDORSEMENT BASED ON MILITARY SERVICE
(a) An applicant for a dental license by endorsement based on military service shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes the information and materials required by Rule .0301(a) of this Subchapter; and
(2) written evidence demonstrating the applicant has satisfied the conditions set forth in G.S. 93B-15.1(a), including engaging in the active practice of dentistry for at least 1,000 hours per year for at least two of the five years preceding the date of the application.
(b) In addition to the requirements of Paragraph (a) of this Rule, an applicant for licensure by endorsement based on military service shall satisfy the requirements in Rule .0501(b) of this Subchapter.
(c) The Board shall receive all information and documentation required under Paragraphs (a) and (b) of this Rule for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired.
(d) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(e) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-30(b); 90-41; 93B-15.1;
Eff. September 1, 2013;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
21 ncac 16b .1002 DENTAL LICENSURE BY ENDORSEMENT BASED ON STATUS AS MILITARY SPOUSE
(a) An applicant for a dental license by endorsement based on the applicant's status as a military spouse shall submit to the Board:
(1) a notarized application form provided by the Board at www.ncdentalboard.org that includes the information and materials required by Rule .0301(a) of this Subchapter; and
(2) written evidence demonstrating the applicant is married to an active member of the U.S. military and the applicant satisfies the conditions set forth in G.S. 93B-15.1(b), including engaging in the active practice of dentistry for at least 1,000 hours per year for at least two of the five years preceding the date of the application.
(b) In addition to the requirements of Paragraph (a) of this Rule, an applicant for licensure by endorsement based on status as a military spouse shall satisfy the requirements in Rule .0501(b) of this Subchapter.
(c) The Board shall receive all information and documentation required under Paragraphs (a) and (b) of this Rule for the application to be complete. Applications that are not completed within one year of being submitted to the Board shall be disregarded as expired.
(d) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(e) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-30(b); 90-36; 90-41; 93B-15.1;
Eff. September 1, 2013;
Amended Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. March 1, 2020.
SECTION .1100 - REINSTATEMENT
21 NCAC 16B .1101 APPLICATION FOR REINSTATEMENT AND PROOF OF COMPETENCY
(a) Any person desiring to practice dentistry in North Carolina whose North Carolina dental license has been revoked, suspended, retired, or expired shall submit to the Board an application for reinstatement. All applications for reinstatement of a dental license shall be submitted on forms furnished by the Board at www.ncdentalboard.org and shall include:
(1) original dental license number and date of issuance;
(2) full name;
(3) street address as of the date of the application;
(4) telephone number;
(5) email address;
(6) citizenship or immigration status, with verifying documentation;
(7) a statement disclosing and explaining the nature, facts, and disposition of any matter where the applicant has ever:
(C) been taken into custody for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(D) been indicted for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(E) been convicted or tried for the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(F) been charged with the violation of any law or ordinance or for the commission of any felony or misdemeanor; or
(G) pleaded guilty to the violation of any law or ordinance or for the commission of any felony or misdemeanor;
(9) whether the applicant has ever had a civil lawsuit related to the practice of dentistry settled;
(A) the dates during which the applicant was engaged in practice as a dentist;
(C) whether the applicant was practicing general dentistry or a specialty; and
(D) the reason for the termination of each employment or period of private practice;
(13) two letters of character reference from non-family members;
(15) documentation of the applicant's completion of continuing education courses, as set out in 21 NCAC 16R .0200, in amounts equal to the number of hours required for renewal of a dental license; and
(16) a copy of an unexpired CPR certificate.
(b) The applicant shall submit to the Board the notarized application form for reinstatement with all the information and materials listed in Paragraph (a) of this Rule, accompanied by the nonrefundable reinstatement application fee set forth in 21 NCAC 16M .0101(a)(8) and the renewal fees set forth in 21 NCAC 16M .0101(a)(2) and (b).
(c) In addition to the requirements of Paragraphs (a) and (b) of this Rule, if the applicant is or has ever been licensed in other states, the applicant shall request the dental regulatory authority or other occupational or professional regulatory authority of each licensing jurisdiction where the applicant holds or has ever held a dental license to send to the Board office, in an unopened envelope sealed by the authority, a certificate of the applicant's licensure status accompanied by a disclosure of any disciplinary action taken or investigation pending.
(d) An applicant whose North Carolina license has been revoked, suspended, retired, or expired for more than one year shall submit to the Board a completed fingerprint record card and signed release of information form authorizing the Board to request a fingerprint-based criminal history record check from the North Carolina State Bureau of Investigation.
(e) An applicant for reinstatement whose North Carolina dental license has been revoked, suspended, retired, or expired for two to five years shall take refresher courses as specified by the Board if the Board determines that the applicant lacks skills or knowledge to practice dentistry. Refresher courses for an applicant whose license was revoked or suspended shall relate to the deficiencies that led to the imposition of discipline. Refresher courses for an applicant whose license has been retired or expired shall be specified by the Board taking into account the amount of time the license has been retired or expired and the applicant's level of experience.
(f) An applicant for reinstatement whose North Carolina dental license has been revoked, suspended, retired, or expired for more than five years shall pass the American Board of Dental Examiners dental licensure clinical examinations before applying for reinstatement.
(h) Any applicant who changes his or her address shall notify the Board office in writing within 10 business days.
(i) Any license obtained through fraud or by any false representation shall be revoked.
History Note: Authority G.S. 90-30; 90-41; 90-42;
Eff. September 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;
Amended Eff. September 1, 2020.