subchapter 16r – ANNUAL RENEWAL OF LICENSE AND CONTINUING EDUCATION REQUIREMENTS: DENTIST

 

SECTION .0100 - RENEWAL OF LICENSE

 

21 NCAC 16R .0101         APPLICATIONS

(a)  A renewal application for a dental license shall be submitted electronically before midnight on January 31 of each year through the Board's website: www.ncdentalboard.org. The renewal application shall include:

(1)           dental license number;

(2)           full name;

(3)           mailing address;

(4)           telephone number;

(5)           fax number;

(6)           email address;

(7)           citizenship or immigration status, with verifying documentation;

(8)           whether, during the calendar year preceding the application, the licensee has:

(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;

(G)          pleaded guilty to the violation of any law or ordinance or for the commission of any felony or misdemeanor;

(H)          been disciplined by any professional licensing board; or

(I)            had a malpractice suit settled or pending against the licensee;

(9)           whether the licensee has been investigated for employee misclassification as an independent contractor within the five years preceding the application;

(10)         employment status as a dentist as of the date of the application, including:

(A)          whether the licensee is currently working as a dentist;

(B)          primary practice area;

(C)          name of the practice in which the licensee provides services;

(D)          primary setting in which the licensee provides services;

(E)           number of hours the licensee works in an average week;

(F)           whether the licensee is self-employed;

(G)          if not self-employed, the type of employer for which the licensee works; and

(H)          if self-employed, the number of dentists, hygienists, and dental assistants working in the licensee's practice;

(11)         a report of the licensee's completion of continuing education hours related to clinical patient care during the calendar year preceding the application, or the licensee's exemption from reporting;

(12)         whether the licensee is enrolled in or completed a residency program during the calendar year preceding the application;

(13)         whether the licensee holds an unexpired CPR certification;

(14)         whether the licensee employed dental hygienists as limited supervision hygienists as set forth in 21 NCAC 16Z during the calendar year preceding the application;

(15)         whether the licensee is registered with and using the N.C. Controlled Substances Reporting System as of the date of the application;

(16)         whether the licensee has an active U.S. Drug Enforcement Administration license as of the date of the application to prescribe schedule II-IV controlled medications;

(17)         whether the licensee has completed at least one hour of continuing education in controlled substance prescribing practices and controlled substance prescribing for chronic pain management during the calendar year preceding the application; and

(18)         a written statement certifying that the information submitted is accurate to the best of the licensee's knowledge.

(b)  In addition to the requirements of Paragraph (a) of this Rule, the licensee shall mail to the Board the following materials for review by the Board before the license will be renewed:

(1)           for each matter existing under Subparagraph (a)(8) of this Rule, a statement describing the nature, facts, and disposition of the matter, and include a copy, certified by the clerk of court or the applicable licensing board, of the disposition or judgment in the matter; and

(2)           for each matter under Subparagraph (a)(9) of this Rule, documentation of the results of the investigation.

(c)  The Board shall receive all information and documentation set forth in Paragraphs (a) and (b) of this Rule, accompanied by the renewal fees set forth in 21 NCAC 16M .0101, for the renewal application to be complete. If a renewal application is not complete, the license will not be renewed.

(d)  Eligible licensees shall be granted an extension period as set out in 21 NCAC 16B .0900 in which to pay renewal fees, obtain CPR certification, and comply with the Board's continuing education rules.

(e)  Any license obtained through fraud or by any false representation shall be revoked.

 

History Note:        Authority G.S. 90-28; 90-31; 90-39; 93B-15;

Eff. April 1, 2003;

Amended Eff. July 1, 2015; February 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. September 1, 2020.

 

21 NCAC 16R .0102         FEE FOR LATE FILING AND DUPLICATE LICENSE

(a)  If the application for a renewal certificate, including all information and documentation set out in Rule .0101 of this Subchapter and accompanied by the renewal fees required by 21 NCAC 16M .0101, is not received in the Board's office before midnight on January 31 of each year, an additional fee for late renewal shall be charged as set out in 21 NCAC 16M .0101.

(b)  A fee shall be charged for each duplicate of any license or certificate issued by the Board as set out in 21 NCAC 16M .0101.

 

History Note:        Authority G.S. 90-31; 90-39;

Eff. April 1, 2003;

Amended Eff. July 1, 2015; February 1, 2008;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. September 1, 2020.

 

21 NCAC 16R .0103         CONTINUING EDUCATION REQUIRED

21 ncac 16r .0104         APPROVED COURSES AND SPONSORS

21 NCAC 16R .0105         REPORTING OF CONTINUING EDUCATION

21 NCAC 16R .0106         VARIANCES AND EXEMPTION FROM AND CREDIT FOR CONTINUING EDUCATION

21 NCAC 16R .0107         PENALTY/NON-COMPLIANCE/CONTINUING EDUCATION

 

History Note:        Authority G.S. 90-31.1; 90-38;

Eff. May 1, 1994;

Amended Eff. Amended Eff. November 1, 2008; September 1, 2008; February 1, 2008; April 1, 2003; August 1, 2002; April 1, 2001; August 1, 1998.

Repealed Eff. July 1, 2015.

 

21 NCAC 16R .0108         LICENSE VOID UPON FAILURE TO TIMELY RENEW

If an application for a renewal certificate, including all information and documentation set out in Rule .0101 of this Subchapter and accompanied by the renewal and late filing fees required by 21 NCAC 16M .0101, is not received in the Board's office before midnight on March 31 of each year, the license shall become void and the applicant shall apply for reinstatement in accordance with 21 NCAC 16B .1101.

 

History Note:        Authority G.S. 90-31; 90-34;

Eff. July 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. September 1, 2020.

 

21 NCAC 16R .0110         RENEWAL CERTIFICATE MUST BE DISPLAYED

The current certificate of renewal of license for a dentist shall be posted where it is visible to patients receiving treatment in the office where the dentist is employed, and shall be exhibited or produced to the North Carolina State Board of Dental Examiners or its investigators during every visit to the office.

 

History Note:        Authority G.S. 90‑33;

Eff. July 1, 2015;

Amended Eff. August 1, 2016;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

SECTION .0200 - CONTINUING EDUCATION

 

21 NCAC 16R .0201         CONTINUING EDUCATION REQUIRED

(a)  Except as permitted in Rule .0204 of this Section as a condition of license renewal, every dentist shall complete a minimum of 15 clock-hours of continuing education each calendar year.

(b)  For licensees who prescribe controlled substances, one hour of the total required continuing education hours shall consist of a course designed to address prescribing practices, including instruction on controlled substance prescribing practices and controlled substance prescribing for chronic pain management.

(c)  Each applicant who receives an Instructor's license or a license to practice general dentistry after January 1, 2019, and who is actively engaged in the practice or teaching of dentistry in North Carolina shall take a six-hour course in professionalism and ethics in the first year that the applicant is required to meet the continuing education requirements of Paragraph (a) of this Rule.

(1)           The six-hour professionalism and ethics course shall be included in the 15 clock-hour requirement of Paragraph (a) of this Rule.

(2)           The professionalism and ethics Course shall include segments addressing coding and billing, record keeping, informed consent, patient and staff boundaries, office management, duties delegable to dental auxiliaries, the American Dental Association's Code of Ethics, and professionalism.

(3)           A dentist who receives a variance or exemption from continuing education requirements under 21 NCAC 16R .0204(a)(1),(3), or (4) shall be exempt from taking the professionalism and ethics course until such time as he or she resumes full practice. A dentist classified as a semi-retired Class II dentist shall complete the professionalism and ethics course.

(d)  Any or all of the hours may be acquired through self-study courses, provided that the self-study courses are related to clinical patient care and offered by a Board-approved sponsor listed in Rule .0202 of this Section. The dentist shall pass a test following every self-study course and obtain a certificate of completion.

(e)  Courses taken to maintain CPR certification shall not count toward the mandatory continuing education hours set forth in this Rule.

 

History Note:        Authority G.S. 90-31.1;

Eff. July 1, 2015;

Amended Eff. August 1, 2016;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. November 1, 2018; September 1, 2018.

 

21 ncac 16r .0202         APPROVED COURSES AND SPONSORS

(a)  Courses allowed to satisfy the continuing education requirement shall be related to clinical patient care. Hours devoted to financial issues or practice development topics shall not be counted toward the continuing education requirement. Hours spent reviewing dental journals, publications, or videos shall not count toward fulfilling the continuing education requirement, with the exception of self-study courses as described in Rule .0201 of this Section offered by Board approved sponsors.

(b)  Approved continuing education course sponsors include:

(1)           those recognized by the Continuing Education Recognition Program of the American Dental Association;

(2)           the Academy of General Dentistry;

(3)           North Carolina Area Health Education Centers;

(4)           educational institutions with dental, dental hygiene or dental assisting schools or departments;

(5)           national, state, or local societies or associations;

(6)           local, state, or federal governmental entities; and

(7)           Federally Qualified Health Centers.

 

History Note:        Authority G.S. 90-31.1;

Eff. July 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. July 1, 2022.

 

21 ncac 16r .0203         REPORTING CONTINUING EDUCATION

(a)  All licensed dentists shall report the number of continuing education hours completed annually on the license renewal application form submitted to the Board. The organization offering or sponsoring each course shall provide to each attendee a report containing the following information:

(1)           course title;

(2)           number of hours of instruction;

(3)           date of the course attended;

(4)           name(s) of the course instructor(s); and

(5)           name of the organization offering or sponsoring the course.

(b)  Evidence of employment by or affiliation with an agency or institution as specified in Rule .0204(c) of this Section shall be verified by a director or official acting in a supervisory position.

(c)  All licensed dentists shall maintain the report referred to in Paragraph (a) of this Rule for at least two years following completion of the course and shall produce a copy of the report to the Board or its investigator during every Board audit of the licensee's continuing education hours.

 

History Note:        Authority G.S. 90-31.1;

Eff. July 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

21 NCAC 16R .0204         EXEMPTION FROM AND CREDIT FOR CONTINUING EDUCATION

(a)  Upon receipt of written evidence, the Board will grant exemptions from the mandatory continuing education requirements set out in Rules .0201 and .0206 of this Section as follows:

(1)           A dentist who practices not more than 250 clock hours in a calendar year shall be classified as a semi-retired Class I dentist, and shall:

(A)          be exempt from the requirement set out in Rule .0201(a) of this Section to complete 15 clock hours of continuing education each calendar year;

(B)          complete the course required in Rule .0201(b) of this Section if the dentist prescribes controlled substances; and

(C)          maintain an unexpired CPR certification.

(2)           A dentist who practices not more than 1,000 clock hours in a calendar year shall be classified as a semi-retired Class II dentist, and shall:

(A)          be exempt from one half of the total continuing education hours required in Rule .0201(a) of this Section;

(B)          complete the course required in Rule .0201(b) of this Section if the dentist prescribes controlled substances;

(C)          complete the continuing education requirement on substance abuse and mental health set out in Rule .0206 of this Section; and

(D)          maintain an unexpired CPR certification.

(3)           A retired dentist who does not practice any dentistry shall be exempt from all continuing education and CPR certification requirements.

(b)  If a dentist who has been exempted from continuing education requirements wishes to resume practicing for more hours than permitted by his or her classification under Paragraph (a) of this Rule, the Board shall require continuing education courses for the calendar year in which he or she increases practice hours in accordance with this Rule and Rules .0201 and .0206 of this Section when reclassifying the dentist. A dentist who has been classified as retired and wishes to resume practice shall satisfy the reinstatement requirements of 21 NCAC 16B .1101.

(c)  Dentists shall receive 10 hours credit per year for continuing education when engaged in any of the following:

(1)           service on a full-time basis on the faculty of an educational institution with involvement in education, training, or research in dental or dental hygiene programs; or

(2)           service on a full-time basis with a federal, state, or county government agency whose operation is related to dentistry. Verification of credit hours shall be maintained in the manner specified in Rule .0203 of this Section.

(d)  Dentists who do not work on a full-time basis but work at least 20 hours per week in an institution or entity described in Subparagraph (c)(1) or (2) of this Rule shall receive five hours credit per year for continuing education.

(e)  Dentists shall receive up to two hours of continuing education credits per year for providing dental services on a volunteer basis at any state, city, or county operated site. Credit will be given at ratio of 1:5, with one hour credit given for every five hours of volunteer work.

(f)  Eligible licensees as defined by 21 NCAC 16B .0901 shall be granted a waiver of their mandatory continuing education requirements.

 

History Note:        Authority G.S. 90-31.1; 90-38;

Eff. July 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018;

Amended Eff. July 1, 2023; December 1, 2020.

 

21 NCAC 16R .0205         PENALTY/NON-COMPLIANCE/CONTINUING EDUCATION

If an applicant for a renewal of license fails to provide proof of completion of reported continuing education hours for the current year as required by Rule .0203 of this Section, the Board shall refuse to issue a renewal certificate until the licensee completes the required hours of education for the current year and complies with the requirements of Rules 21 NCAC 16R .0101 and .0102. If an applicant applies for credit for or exemption from continuing education hours and fails to provide the required documentation upon request, the Board shall refuse to issue a certificate of renewal until the applicant meets the qualifications for exemption or credit. If an applicant fails to meet the qualifications for renewal, including completing the required hours of continuing education and delivering the required documentation to the Board's office before midnight on March 31 of each year, the license shall become void and the licensee must seek reinstatement.

 

History Note:        Authority G.S. 90-31.1;

Eff. July 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.

 

21 NCAC 16R .0206         continuing educaTION ON SUBSTANCE ABUSE AND MENTAL HEALTH

(a)  Every two calendar years, each dentist shall complete one clock hour of continuing education on substance abuse and mental health. To count toward this requirement, the course shall be:

(1)           designed to address relevant issues for dental professionals, including substance abuse, chemical dependency, impairment, and mental health disorders; and

(2)           offered by a Board-approved sponsor as set out in Rule .0202(b) of this Section.

(b)  The continuing education requirement set out in Paragraph (a) of this Rule may be completed through a self-study course that satisfies Subparagraphs (a)(1) and (2) of this Rule. The dentist shall pass a test administered by the self-study course sponsor and obtain a certificate of completion from the sponsor.

(c)  Every two calendar years, a dentist may apply one clock hour of a course meeting the requirements of this Rule toward the total number of continuing education hours required pursuant to Rule .0201(a) of this Section.

(d)  The substance abuse and mental health continuing education requirement shall not replace or substitute for the controlled substance continuing education requirement set out in Rule .0201(b) of this Section.

 

History Note:        Authority G.S. 90-28; 90-31.1;

Eff. October 1, 2022.