21 ncac 16v .0102         DEFINITION: UNPROFESSIONAL CONDUCT BY A DENTAL HYGIENIST

Unprofessional conduct by a dental hygienist as set out in G.S. 90-229(a)(12) shall include the following:

(1)           having professional discipline imposed, including the denial of licensure, by the dental hygiene licensing authority of another state, territory, or country. For purposes of this Rule, the surrender of a license under threat of disciplinary action shall be considered the same as if the licensee had been disciplined;

(2)           presenting false or misleading testimony, statements, omissions, or records in any communication to the Board or the Board's investigators, employees, or agents regarding any matter subject to the provisions of the Dental Practice Act or Dental Hygiene Act;

(3)           being convicted of or entering a plea of guilty or nolo contendere to any charge for a crime that is violent or sexual in nature;

(4)           violating an order of the Board previously entered in a disciplinary hearing or failing to comply with a subpoena of the Board;

(5)           conspiring with any person to commit an act, or committing an act that would coerce, intimidate, or preclude any patient or witness from testifying against a licensee in any disciplinary hearing, or retaliating in any manner against any patient or other person who testifies or cooperates with the Board during any investigation under the Dental Practice or Dental Hygiene Acts;

(6)           failing to identify to a patient, patient's guardian, an employer, or the Board the name of any person or agent who renders dental treatment or services upon request;

(7)           procuring, dispensing, or administering any controlled substance for personal use except those prescribed, dispensed, or administered by a practitioner authorized to prescribe them;

(8)           acquiring any controlled substance from any pharmacy or other source by misrepresentation, fraud or deception;

(9)           having professional connection with or lending one's name to the illegal practice of dental hygiene, including as set forth in G.S. 90-229(a)(11);

(10)         failing to comply with any provision of any contract or agreement with the Caring Dental Professionals Program;

(11)         failing to submit a truthful response to a notice of complaint filed against the licensee with the Board, or to any related request, accompanied by a signed verification on a form provided by the Board, within the time allowed by the Board;

(12)         failing to notify the Board of a change in current primary physical address, which shall be either a personal address or a business address at the licensee's election, within 10 business days;

(13)         working in a clinical hygiene position if the ratio of hygienists to licensed dentists present in the office is greater than 2:1, as set forth in G.S. 90-233(b);

(14)         soliciting employment of potential patients in person or by telephone or permitting or directing another to do so;

(15)         giving or accepting anything of value in exchange for a promise to refer or referral of potential patients;

(16)         using protected health information, as defined by 45 CFR 160.103, to solicit potential patients;

(17)         making misleading or untruthful statements for the purpose of procuring potential patients or assisting another to do so;

(18)         committing any act that results in harm to a patient in connection with the provision of dental services and violates State or federal statutes, rules, or regulations, such as the Health Insurance Portability and Accountability Act;

(19)         practicing outside the scope of dental hygiene, as defined in G.S. 90-221(a);

(20)         committing any act that violates State or federal statutes or regulations governing controlled substances; and

(21)         committing any act that would constitute civil assault or civil battery in connection with the provision of dental hygiene services. The North Carolina Pattern Jury Instructions for Civil 800.50, Assault, and for Civil 800.51, Battery, are hereby incorporated by reference, including subsequent amendments and editions. These documents may be accessed at no cost at https://www.sog.unc.edu/resources/microsites/north-carolina-pattern-jury-instructions/north-carolina-pattern-jury-instructions-civil-cases.

History Note:        Authority G.S. 90-29; 90-221; 90-223; 90-229;

Eff. August 1, 1998;

Amended Eff. August 1, 2016; July 1, 2015; October 1, 2001; August 1, 2000; September 1, 1998;

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

Amended Eff. July 1, 2022; November 1, 2019.