TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 317-A
DENTISTS AND DENTISTRY

Section 317-A:1

    317-A:1 Purpose. – For the protection of the public health, safety, and welfare, any person practicing or offering to practice dentistry in New Hampshire must submit evidence that such person is qualified to so practice and shall be licensed as provided in this chapter. No person shall practice or offer to practice dentistry in New Hampshire or use any title, sign, card, device or the abbreviation D.M.D. or D.D.S., or any other designation indicating that such person is practicing dentistry unless such person has been licensed under the provisions of this chapter.

Source. 1971, 364:1. 2000, 5:1, eff. July 1, 2000.

Examining Board

Section 317-A:2

    317-A:2 Board; Appointment; Term; Compensation. –
I. There shall be a board of dental examiners consisting of 9 members; including 6 dentists, 2 dental hygienists, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. The public member of the board shall be a person who is not, and never was, a member of the dental profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of dental services or an activity directly related to dentistry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
III. [Repealed.]
IV. [Repealed.]

Source. 1971, 364:1. 1979, 456:1. 1981, 482:3. 1985, 416:3. 1989, 237:1. 2000, 5:2. 2010, 118:6, eff. July 1, 2010. 2015, 276:108, XII, eff. July 1, 2015. 2021, 197:43, I, eff. July 1, 2021.

Section 317-A:2-a

    317-A:2-a Dental Hygienists Committee. –
I. (a) A dental hygienists committee is established, which shall consist of one dental hygienist member of the board, one dentist member of the board, and 3 additional dental hygienist members appointed by the governor and council.
(b) The dentist member of the committee shall have supervised and worked in collaboration with a dental hygienist for a period of at least 3 years immediately preceding appointment to the committee. The dentist member and dental hygienist board member shall be appointed to the committee annually by a majority vote of board members.
(c) The additional non-board dental hygienist members shall serve terms of 3 years, with initial terms staggered to provide for annual appointments. No member of the dental hygienists committee shall serve more than 2 consecutive full terms. The New Hampshire Dental Hygienists' Association, the New Hampshire Dental Society, and the dental hygiene education community shall each nominate one dental hygienist for appointment as additional members of the committee. Subsequent appointments shall be made from the same nominating authority as the committee member whose term expires.
(d) [Repealed.]
II. The committee shall develop and propose the administrative rules regarding the practice, discipline, education, examination, and licensure of dental hygienists, for the board's consideration pursuant to RSA 317-A:12. The committee shall have no independent regulatory or disciplinary authority.
III. The rules proposed by the committee may be accepted by the board for adoption under RSA 317-A:12 and RSA 541-A or the board may decline to accept the committee recommendations if the board finds that the proposed rules exceed the jurisdiction or expand the scope of the committee beyond the authority granted in paragraph II, create an undue financial impact on the board, or are not supported by the record.
IV. This section shall not be construed as affecting or changing the scope of practice of the profession of dental hygiene or authorizing the independent practice of dental hygiene.

Source. 2011, 172:1. 2012, 27:4, eff. July 1, 2012. 2018, 316:1, eff. Aug. 24, 2018. 2021, 197:43, II, eff. July 1, 2021.

Section 317-A:3

    317-A:3 Eligibility. – All members of the board shall be residents of this state for a period of at least 5 years prior to their appointment. The dental hygiene members shall have been engaged in the practice of dental hygiene in this state for a period of at least 5 years prior to appointment. There shall be no more than one member of the board who is also a full-time faculty member of a school of dentistry or school of dental hygiene.

Source. 1971, 364:1. 1979, 456:2. 1989, 237:2. 1994, 240:1. 2000, 5:3, eff. July 1, 2000.

Section 317-A:4

    317-A:4 Duties; Organization; Meetings; Records. –
I. The board of dental examiners will have the following powers and duties:
(a) To examine, register and license applicants whom it finds to be qualified as provided in this chapter to practice dentistry and dental hygiene. The public member of the board shall not examine applicants in the clinical practice of dentistry or the clinical practice of dental hygiene;
(b) The dental hygiene members shall not examine applicants for the clinical practice of dentistry;
(c) To undertake, when appropriate, disciplinary proceedings and disciplinary action against licensees as authorized by RSA 317-A:17, 317-A:18, 317-A:18-a, 317-A:18-b, and any other appropriate disciplinary statutes;
(d) [Repealed.]
(e) [Repealed.]
(f) [Repealed.]
(g) [Repealed.]
II. The board shall choose one of its members as its president and one of its members as vice-president. A majority of the members of the board who have been approved by the governor and council shall constitute a quorum. No board action shall be taken without an affirmative vote of the majority of board members present and eligible to participate in the matter in question. Board members shall not be eligible to participate in a vote when the board member has recused himself or herself from participation due to a conflict of interest. The board shall meet once a year and at such other times and places as it may deem proper. A true record of all their official acts shall be made and preserved by the office of professional licensure and certification in accordance with the retention policy established by the office. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary proceedings, which are subject to RSA 317-A:18.

Source. 1971, 364:1. 1979, 456:3. 1981, 482:4-6. 1986, 219:23, 24. 1989, 237:3, 4. 2000, 5:4-6. 2003, 149:1, 2. 2006, 173:1. 2010, 139:1. 2014, 11:1, 2, eff. May 14, 2014. 2015, 56:2, I, eff. Aug. 1, 2015; 276:77, eff. July 1, 2015. 2021, 197:40, 43, III, eff. July 1, 2021.

Section 317-A:5

    317-A:5 Repealed by 2021, 197:43, IV, eff. July 1, 2021. –

Section 317-A:6

    317-A:6 Omitted. –

Examinations and Licenses

Section 317-A:7

    317-A:7 License Required. – No person shall begin the practice of dentistry, or dental hygiene, without first obtaining a license for such purpose from the board.

Source. 1971, 364:1. 2000, 5:7, eff. July 1, 2000.

Section 317-A:7-a

    317-A:7-a License by Endorsement. –
Licensure by endorsement may be considered by the board for each applicant who holds a current, unrestricted license and registration certificate to practice dentistry or dental hygiene and who submits to the board the required credentials if, for the 3 years immediately preceding the application, the applicant:
I. Has practiced clinical dentistry or practiced clinical dental hygiene in one or more states; or
II. Has been in dental specialty training; or
III. Has been in active military service as a dentist; or
IV. Has been in any combination of these.

Source. 2003, 149:4. 2005, 42:1, eff. July 16, 2005.

Section 317-A:7-b

    317-A:7-b Telemedicine. – Persons licensed by the board shall be permitted to provide services through the use of telemedicine. " Telemedicine " means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

Source. 2020, 27:32, eff. July 21, 2020.

Section 317-A:8

    317-A:8 Applications. –
I. Applications for licensure shall be made to the board in writing or online and shall be accompanied by a fee established in rules adopted under RSA 541-A by the board and by satisfactory proof that the applicant is a graduate of a school that is recognized by the Commission on Dental Accreditation (CODA). The applicant shall be of good professional character and 18 years of age or older.
II. Any person applying for any license or privilege under this chapter, including any person seeking to convert from inactive to active status, shall provide the board with information relating to dental competence and professional conduct, to permit the board to make a fully informed decision that the applicant possesses sufficient competence and character to be issued a license under this chapter.
III. A temporary license may be issued, at the discretion of the board, to a person for research projects and programs of professional education having clinical dental components.
IV. A temporary license may be issued, at the discretion of the board, to dentists and dental hygienists for the provision of voluntary dental or dental hygiene services. To qualify for licensure under this paragraph, the applicant shall be an active, inactive, or former licensee in New Hampshire or in another state or Canadian province as determined by the board.
V. No application shall be granted unless the board finds that the applicant possesses the necessary educational, character, and other professional qualifications to practice dentistry or dental hygiene, and that no circumstances exist which would be grounds for disciplinary action against a licensed dentist or hygienist pursuant to RSA 317-A:17, II.

Source. 1971, 364:1. 1973, 72:67. 1977, 563:22. 1979, 456:4. 1992, 2:1. 1996, 102:1. 1997, 204:1. 2000, 5:8. 2001, 178:1. 2005, 42:2, eff. July 16, 2005. 2015, 56:1, eff. Aug. 1, 2015. 2018, 316:2, 3, eff. Aug. 24, 2018.

Section 317-A:8-a

    317-A:8-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board of dental examiners a criminal history record information authorization form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record information, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.

Source. 2018, 316:4, eff. Aug. 24, 2018. 2019, 297:7, eff. July 1, 2019.

Section 317-A:9

    317-A:9 Examinations. – Applicants for a license to practice dentistry or dental hygiene shall be examined by the board or have successfully passed a national or regional test accepted by the board. Examinations may be oral, clinical, written, or any combination at the discretion of the board and shall be of such character as to test the qualifications of the applicant to practice dentistry or dental hygiene. No license shall be granted to any applicant who shall not pass such examination.

Source. 1971, 364:1. 2000, 5:9, eff. July 1, 2000.

Section 317-A:10

    317-A:10 Repealed by 2021, 197:43, V, eff. July 1, 2021. –

Section 317-A:11

    317-A:11 Display of License. – Any person issued a license under this chapter shall display the license at all times in a conspicuous place in the office where the licensee practices, and shall, whenever requested, exhibit such license to any of the members of said board or its authorized agent.

Source. 1971, 364:1. 2000, 5:10, eff. July 1, 2000.

Section 317-A:12

    317-A:12 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. [Repealed.]
III. The qualifications of applicants in addition to those requirements set by statute, including experience requirements for application for license by endorsement;
IV. How an applicant shall be examined, including:
(a) Time and place of examination;
(b) The subjects to be tested;
(c) Passing grade; and
(d) Disposition of examination papers;
V. [Repealed.]
VI. Ethical standards required to be met by each holder of a dental or dental hygiene license and how such licenses may be revoked for violation of these standards;
VII. [Repealed.]
VIII. [Repealed.]
IX. Procedures for the conduct of hearings consistent with due process;
X. [Repealed.]
XI. Continuing education requirements for licensees and holders of certificates;
XII. The imposition of administrative fines authorized under RSA 317-A:17, III(f);
XII-a. The use of general anesthesia, deep sedation, and moderate sedation, in dental treatment under RSA 317-A:20, including:
(a) Required credentials.
(b) Application and application fee.
(c) On-site evaluations of personnel, facility, equipment, and records as they pertain to the use of required drugs, general anesthesia, deep sedation, or moderate sedation, or any combination thereof.
(d) Fee for the on-site evaluations under subparagraph (c). If the evaluation is done by a third party, the fee need not be established by rule under or pursuant to RSA 541-A. Third party fees shall be paid directly to the third party.
(e) The issuance of permits for use of general anesthesia, deep sedation, and moderate sedation, or of permits for use of moderate sedation.
(f) The requirement that the physical presence of the dentist licensed under RSA 317-A:7, an anesthesiologist licensed under RSA 329, or a nurse anesthetist licensed under RSA 326-B:18 is required while general anesthesia, deep sedation or moderate sedation is in effect.
(g) The establishment of the qualifications of dentists to administer general anesthesia or deep sedation which may include a residency training program accredited by the Commission on Dental Accreditation (CODA) or equivalent, and which may include a method for established practitioners to document his or her qualifications. Administration of general anesthesia or deep sedation to patients under the age of 13 shall be subject to additional rules including:
(1) In addition to the dentist performing the procedure, there shall be a dedicated anesthesia provider present to monitor the procedure and recovery from anesthesia. The dedicated anesthesia provider shall be a dentist who is qualified to administer general anesthesia or deep sedation, a physician anesthesiologist, or a certified registered nurse anesthetist (CRNA). The board may exempt dentists who are board eligible or board certified in either dental anesthesiology or oral and maxillofacial surgery from this requirement.
(2) The dentist shall be trained in pediatric advanced life support (PALS) and airway management, equivalent to the American Academy of Pediatrics and American Academy of Pediatric Dentistry (AAP-AAPD) guidelines or equivalent as determined by the board.
(3) Informed consent shall include the statement that the procedure may be performed in a hospital setting with additional anesthesia personnel, possibly at an increased expense.
(h) A physical evaluation and medical history shall be taken before the administration of moderate sedation, deep sedation, or general anesthesia. The board shall adopt rules regarding the minimum requirements for physical evaluation and medical history;
XII-b. Procedures which may be assigned by a licensed dentist to dental hygienists, public health dental hygienists, dental assistants, and to persons not licensed to practice dentistry. Such rules shall include additional requirements regarding monitoring patients undergoing general anesthesia, deep sedation, moderate sedation, and subsequent recovery from anesthesia;
XII-c. The use of minimal anesthesia in patients undergoing dental treatment under RSA 317-A:20, including:
(a) Adopting a definition of minimal anesthesia, a drug-induced state during which patients respond normally to verbal commands. Patients whose only response is reflex withdrawal from painful stimuli shall not be considered to be in a state of minimal sedation.
(b) Establishing a margin of safety wide enough to render unintended loss of consciousness unlikely.
(c) Permits, fees, and training required for dentists who administer pediatric minimal sedation. Such training shall include training in airway management and patient rescue from moderate sedation.
(d) Equipment and drugs required to safely administer pediatric minimal sedation, which shall include the availability of oxygen and reversal agents.
(e) Limitations on drugs and dosages which may be used in the administration of pediatric minimal sedation.
(f) A requirement that a minimum of one staff member, in addition to the dentist, trained in the monitoring and resuscitation of pediatric patients shall be present;
XII-d. Notwithstanding any other provision of law, rules, as the board deems necessary, relative to qualified dental assistants performing coronal polishing. Such rules shall not authorize a qualified dental assistant to perform a complete oral prophylaxis;
XII-e. The requirements for a dental assistant or dental hygienist to be permitted to provide services as an expanded function dental auxiliary as provided in RSA 317-A:21-g;
XIII. Prescribing controlled drugs pursuant to RSA 318-B:41; and
XIV. Other matters related to the proper administration of this chapter.

Source. 1971, 364:1. 1981, 482:7. 1986, 219:25. 1987, 133:3. 1992, 2:2. 1996, 102:2. 1997, 204:2-4. 2000, 5:11-13. 2002, 91:2. 2003, 149:6. 2010, 139:2. 2012, 183:2-5, eff. June 11, 2012. 2016, 213:3, eff. June 7, 2016. 2018, 188:1, eff. Aug. 7, 2018; 316:16, eff. Aug. 7, 2018. 2021, 197:43, VI, eff. July 1, 2021.

Section 317-A:12-a

    317-A:12-a Completion of Survey; Rulemaking. – The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

Source. 2017, 131:3, eff. June 16, 2017. 2019, 254:5, eff. July 1, 2019.

Section 317-A:13

    317-A:13 License Renewal. –
I. (a) By February 15 in each even-numbered year, the board shall mail or email to each person licensed to practice dentistry a notice that license renewal is coming due.
(b) By February 15 in each odd-numbered year, the board shall mail or email to each person licensed to practice dental hygiene a notice that license renewal is coming due.
(c) A failure of the licensee to receive the license renewal form shall not relieve the licensee of the obligation to comply with this section and the rules of the board.
II. Except as provided in RSA 317-A:16, before April 1 in the year of renewal under paragraph I a person licensed to practice dentistry or dental hygiene in this state shall register with the board, apply for license renewal, and pay the fee established in rules adopted by the board. The timelines of submission of renewal applications shall be evidenced by date stamp made at the time of receipt at the board's office if hand delivered, or by postmark if mailed.
III. All persons licensed to practice dentistry or dental hygiene in this state shall notify the board in writing within 30 days of any change of business or residential address which may occur during the period between biennial registrations. Failure to do so may result in the board issuing a non-disciplinary letter of concern to the licensee.

Source. 1971, 364:1. 1977, 563:23. 1979, 434:26; 456:5. 1981, 482:8. 1983, 346:1. 2000, 5:14; 73:1. 2007, 49:1. 2012, 27:1, eff. July 1, 2012. 2018, 316:6, eff. Aug. 24, 2018.

Section 317-A:14

    317-A:14 Repealed by 2000, 5:29, I, eff. July 1, 2000. –

Section 317-A:15

    317-A:15 Failure to Register; Penalties. – Any person licensed by the board under this chapter who fails, neglects, or refuses to register pursuant to RSA 317-A:13 shall be assessed a late biennial registration fee as determined in rules adopted by the board, provided the licensee submits a completed renewal application between April 1 and April 30 of the renewal year. The payment of the fee may be waived by the board if the board determines that good cause has been shown for the failure to register. Licenses shall lapse when complete renewal applications have not been received by the board by April 30 of the renewal year. Holders of lapsed active licenses are not authorized to practice until they receive written notification from the board that their licenses have been reinstated.

Source. 1971, 364:1. 1979, 456:6. 1983, 346:2. 1992, 2:3. 1994, 289:1. 2000, 5:15. 2001, 178:2. 2007, 49:2. 2010, 139:7, eff. Aug. 13, 2010.

Section 317-A:15-a

    317-A:15-a Reinstatement of Lapsed Licenses. –
The board shall reinstate a license which has lapsed as a result of failure of the applicant to qualify for renewal or to submit a completed renewal application on time if the applicant:
I. Meets eligibility requirements for renewal.
II. Meets the reinstatement requirements established by the board in rules adopted pursuant to RSA 541-A.
III. Pays the registration fee, late fee, and reinstatement fee.

Source. 2007, 49:3, eff. July 1, 2007.

Section 317-A:16

    317-A:16 Inactive List. – A dentist or dental hygienist licensed under this chapter who does not actively engage in such practice in New Hampshire within 2 years of his or her previous biennial registration shall have the licensee's name transferred to an inactive list and shall be required to register biennially and pay the inactive registration fee as long as the licensee remains inactive. Any dentist or dental hygienist holding an inactive license shall be restored to active status by the board upon the filing of a written request with the board and the furnishing of evidence of continuing professional character and continuing education and upon payment of the full registration fee established in rules adopted by the board. A licensee on inactive status who has been practicing in another state shall provide a letter of good standing from that state. A person's right to maintain a license with active status shall not be affected by any absence from active practice in New Hampshire while serving on active duty in the armed forces of the United States.

Source. 1971, 364:1. 1979, 456:7. 1994, 289:2. 2000, 5:16. 2007, 49:4, eff. July 1, 2007. 2018, 316:7, eff. Aug. 24, 2018.

Section 317-A:16-a

    317-A:16-a Professionals' Health Program. –
I. Any peer review committee may report relevant facts to the board relating to the acts of any dentist in this state if it has knowledge relating to the dentist which, in the opinion of the peer review committee, might provide grounds for disciplinary action as specified in RSA 317-A:17, II.
II. Any committee of a professional society comprised primarily of dentists, its staff, or any district or local intervenor participating in a program established to aid dentists impaired or potentially impaired by mental or physical illness including substance abuse or disruptive behavior may report in writing to the board the name of a dentist whose ability to practice dentistry safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the dentist's impairment. The board may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any dentist who may be impaired by a mental or physical illness including substance abuse or disruptive behavior. In this chapter, " disruptive behavior " means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or non-verbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.
III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a peer review committee, shall be confidential and shall not be considered open records unless the affected dentist so requests; provided, however, the board may disclose this confidential information only:
(a) In a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;
(b) To the dentist licensing or disciplinary authorities of other jurisdictions; or
(c) Pursuant to an order of a court of competent jurisdiction.
IV. (a) No employee or member of the board, peer review committee member, dental organization committee member, dental organization district, or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired dentist shall by reason of furnishing such information be liable for damages to any person.
(b) No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless the person is found to have acted recklessly or wantonly.
V. The board may contract with other organizations to operate the professionals' health program for dentists who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all dentists licensed in this state and all dentists seeking licensure in this state, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.
VI. Upon a determination by the board that a report submitted by a peer review committee or professional society committee is without merit, the report shall be expunged from the dentist's individual record in the board's office. A dentist or authorized representative shall be entitled on request to examine the peer review or the organization committee report submitted to the board and to place into the record a statement of reasonable length of the dentist's view with respect to any information existing in the report.
VII. Rules governing the professional health program shall be implemented through the office of professional licensure and certification pursuant to RSA 310-A:1-d, II(h)(4).

Source. 2018, 316:8, eff. Aug. 24, 2018. 2021, 197:41, eff. July 1, 2021.

Section 317-A:17

    317-A:17 Professional Misconduct. –
I. The board may undertake adjudicatory proceedings or proceedings to determine the qualifications of applicants for licensure:
(a) Upon its own initiative; or
(b) Upon written complaint of any person which charges that a person licensed by the board has committed misconduct under paragraph II of this section and specifies the grounds therefor, or charges that an applicant for a license lacks necessary qualifications and specifies the grounds therefor.
II. The board, after notice and the opportunity to be heard, may refuse to issue or renew a license or impose sanctions against a licensee, when it has evidence that the licensee or applicant has engaged in professional misconduct. Misconduct sufficient to support adverse action shall include:
(a) Addiction to mind-altering drugs or intoxicants.
(b)(1) Commission of any felony or misdemeanor involving dishonesty, untrustworthiness, or unprofessional conduct; or
(2) Any administrative or criminal conviction involving moral turpitude; or
(3) The practice of fraud or untruthfulness in obtaining educational credentials, examination scores, or professional licensure in this or any other jurisdiction.
(c) Affliction with a physical or mental impairment or disease which is dangerous to the public health or which precludes the practice of dentistry or dental hygiene at ordinary levels of proficiency.
(d) Ignorance, incompetence, or a pattern of behavior inconsistent with the basic knowledge and skills expected of persons licensed to practice dentistry or dental hygiene.
(e) Gross or repeated negligence in practicing dentistry or dental hygiene.
(f) Intentionally injuring a patient or engaging in any other unprofessional or dishonest conduct in practicing dentistry or dental hygiene.
(g) Failure to follow the current guidelines of:
(1) The American Dental Association, as adopted, in whole or in part, by the board, as published in:
(A) Dental Radiographic Examinations: Recommendations for Patient Selection and Limiting Radiation Exposure; and
(B) Recommendations in Radiographic Practices.
(2) The Centers for Disease Control and Prevention as published in Infection Control Recommendations.
(h) Advertising the licensee's dental practice by using any newspaper, broadcast, cable transmission, telephone, sign, poster, or other advertising message which:
(1) Deceives or is intended to deceive the public concerning dental services, techniques, the qualifications of a licensee, or the prices to be charged;
(2) Claims or suggests that the licensee enjoys professional superiority or performs services in a manner superior to other persons licensed by this chapter or that the licensee performs services or any particular service in a painless manner; or
(3) Announces the use of any drug or medicine of an unknown formula or any system or anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.
(i) Employing or permitting an unlicensed person to practice in the licensee's office.
(j) Knowingly or willfully violating any provision of this chapter, any substantive rule or order of the dental board, any federal, state, or local controlled drug law or other federal, state, or local laws or regulations pertaining to:
(1) The practice of dentistry, and the Principles of Ethics and Code of Professional Conduct of the American Dental Association as reviewed and approved, in whole or in part, by the board; or
(2) The practice of dental hygiene, and the code of ethics of the American Dental Hygienists' Association, as reviewed and approved, in whole or in part, by the board.
(k) Having more than one patient undergoing moderate sedation, deep sedation, or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer moderate sedation, deep sedation, or general anesthesia.
(l) Failing to have patients recovering from moderate sedation, deep sedation, or general anesthesia closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from moderate sedation, deep sedation, or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed 3 to one.
(m) Failing to have patients continuously monitored with a pulse oximeter or similar or superior monitoring equipment required by the board while undergoing or recovering from moderate sedation, deep sedation, or general anesthesia.
(n) Failing to perform an adequate history and physical as defined in rules under RSA 317-A:12, XII-a(h) or to obtain the written informed consent of a patient prior to the administering general anesthesia, deep sedation, or moderate sedation. In the case of a minor, the consent shall be obtained from the child's parent or guardian.
(o) Failing to report an adverse event or implement a corrective action plan as required by RSA 317-A:20-a.
III. The board may take disciplinary action in any one or more of the following ways:
(a) By license revocation or suspension.
(b) By limitation or restriction of a license.
(c) By requiring the licensee to submit to the care, counseling or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility, approved by the board.
(d) By requiring the licensee to participate in educational programs relevant to the practice of dentistry in substantive areas in which the licensee has been found professionally deficient.
(e) By requiring the licensee to practice under the direction of a dentist in a public institution, public or private health care program, or private practice for a period of time specified by the board under rules adopted pursuant to RSA 541-A.
(f) By assessing administrative fines in amounts established by the board which shall not exceed $2,000 per offense or, in the case of continuing offenses, $250 for each day the violation continues.
(g) By reprimand.
IV. Upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposed disciplinary sanctions against any person licensed by the board, or any person applying for licensure, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary action or, in the case of an applicant, license denial or restriction, should not be imposed in this state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. When acting under this paragraph, the board may issue any disciplinary sanction or take any action with regard to a license application, which would otherwise be permitted by this chapter, including sanctions or actions more stringent than those imposed by the foreign jurisdiction. The board shall adopt rules, pursuant to RSA 541-A, relative to handling summary proceedings brought under this paragraph, but shall furnish the respondent at least 10 days' written notice and an opportunity to be heard.
V. (a) Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall send a complete report to the board as to all reservable claims and suits coincident with the initiation of an action for dental injury within 30 days after the initiation of the action. For the purpose of this paragraph, dental injury means any adverse, untoward, or undesired consequences arising out of or sustained in the course of professional services rendered by a dental care provider, whether resulting from negligence, error, or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
(b) The board shall conduct an investigation of any person licensed by the board who has been the subject of 3 insurance claims or legal judgments for medical injury as defined in RSA 329:17, III, which pertain to 3 different events within any consecutive 5-year period commencing with January 1, 1988.

Source. 1971, 364:1. 1979, 456:8. 1983, 346:3. 1987, 133:4. 1992, 2:4. 1994, 289:3. 1997, 204:5. 2000, 5:17, 18. 2003, 149:7, 8. 2006, 238:1. 2012, 27:2, 3. 2013, 22:1, eff. July 15, 2013. 2018, 188:2, eff. Aug. 7, 2018; 316:9, 10, eff. Aug. 24, 2018.

Section 317-A:17-a

    317-A:17-a Immunity From Civil Action. – No civil action shall be maintained against the board or any member thereof or its agents or employees. No civil action shall be maintained against any organization or its members or against any other person for or by reasons of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.

Source. 1992, 2:5, eff. July 1, 1992.

Section 317-A:18

    317-A:18 Investigatory Powers of the Board; Complaints. –
I. The board may investigate possible misconduct by licensees and any other matters governed by the provisions of this chapter. Investigations may be conducted with or without the issuance of a board order setting forth the general scope of the investigation, and with or without prior notification to the licensee. An investigation may include unannounced inspections of the licensee's practice location when deemed necessary to determine day-to-day practices or to prevent evidence from being hidden, altered, or destroyed. Board investigations and any information obtained by the board pursuant to such investigations shall be exempt from the public disclosure provisions of RSA 91-A, unless such information subsequently becomes the subject of a public disciplinary hearing. However, the board may disclose information obtained in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
II. [Repealed.]
III. The board may commence a formal or informal investigation, or an adjudicative hearing, concerning allegations of misconduct and other matters within the scope of this chapter on its own motion whenever it has a reasonable basis for doing so, and the type of procedure chosen shall be a matter reserved to the discretion of the board. Investigations may be conducted on an ex parte basis.
IV. (a) The board may administer oaths or affirmations, preserve testimony, and issue subpoenas for witnesses and for documents during any formal investigation or adjudicatory hearing. The board may also subpoena patient records, as provided in paragraph V, during formal investigations.
(b) The board shall serve any subpoena not covered by paragraph V in accordance with the procedures and fee schedules established by the superior court, except that:
(1) Any person licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state.
(2) The board shall not be required to tender witness fees and mileage expenses in advance if the subpoena is annotated "fees guaranteed by the New Hampshire board of dental examiners."
(3) The respondent shall be allowed at least 48 hours to comply with a subpoena issued under this chapter.
V. The board may at any time subpoena dental records from its licensees and patient records from hospitals, pharmacies, and other health care providers or facilities licensed by or certified in this state. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the licensee's current license, and no witness or other fee shall be required. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this chapter.
VI. All licensees and any persons applying for licensure or any other privilege granted by the board shall have the duty to keep the board informed of their current business and residence addresses. Notice of any hearing or other action taken under this chapter shall be deemed adequate if notice is mailed to the most recent home or business address furnished to the board by the licensee, pursuant to RSA 317-A:13, III.
VII. Any complaint of licensee misconduct shall be in writing and shall be treated as a petition for the commencement of an adjudicatory hearing. The board shall fairly investigate all complaints to the extent and in the manner warranted by the allegations. Any complaint which fails to state a cause of action may be summarily denied in whole or in part. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment upon the terms of the proposed settlement.
VIII. At the commencement of an adjudicatory proceeding, or at any time during a formal or informal investigation, and without issuing a subpoena, the board may mail a statement of the issues being investigated or heard to any licensee or other person who is a proper subject of inquiry and require the licensee or other person to provide a detailed and good faith written response to the allegations identified by the board. The licensee or other person shall provide complete copies of office records concerning any patient whose treatment is relevant to the matters at issue. The licensee shall respond to such request within a reasonable time period of not less than 15 days, as the board may specify in its written request.

Source. 1971, 364:1. 1981, 482:9. 1992, 2:6. 2000, 5:19. 2001, 178:3, eff. Sept. 3, 2001. 2015, 276:79, eff. July 1, 2015. 2021, 197:43, VII, eff. July 1, 2021.

Section 317-A:18-a

    317-A:18-a Hearings; Decisions; and Appeals. –
I. Any adjudicatory hearing shall be an open public proceeding. Any member of the board may preside at such a hearing and may issue oaths or affirmations to witnesses.
II. The board shall furnish the licensee or any other respondent at least 15 days' written notice of the date, time and place of a hearing, except as otherwise provided in this chapter. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the complainant shall also receive a copy of the hearing notice and shall be provided with a reasonable opportunity to intervene as a party.
III. Any person appearing at a board hearing or investigation may be represented by legal counsel, but the board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.
IV. The board may at any time dispose of issues or allegations at an adjudicatory hearing, or an investigation, by default, settlement agreement, or consent order, by issuing an order of dismissal for failing to state a proper basis for disciplinary action. In adjudicatory or disciplinary hearings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be available to the public.
V. Adjudicatory decisions and final disciplinary actions of the board shall be made by a majority of the board members participating in the decision. Such decisions shall not be made public until they have been reduced to writing, signed by a representative of the board, and served upon the parties.
VI. Decisions of the board may be appealed to the supreme court pursuant to RSA 541. The court shall not stay any disciplinary sanction imposed by the board pending appeal, if the board has determined that the sanction is required for the public safety and welfare.

Source. 1992, 2:7. 2000, 5:20. 2001, 178:4, eff. Sept. 3, 2001.

Section 317-A:18-b

    317-A:18-b Temporary Suspension Where Imminent Threat. – In cases involving imminent danger to life or health, the board shall order suspension of a license or privilege granted under this chapter pending hearing for a period of no more than 60 days. In such cases, the basis for the board's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with RSA 541-A:31, III. Notwithstanding the requirements of RSA 541-A:30, III, the board's hearing may commence as much as 30 days after the date of the order suspending the license. If the board does not commence the hearing within 30 days, the suspension order shall be automatically vacated, but a licensee shall be allowed additional time to prepare for or to complete a hearing under this paragraph only by agreeing to a further suspension commensurate with the additional time extended.

Source. 1992, 2:8. 1994, 412:35. 2000, 5:21, eff. July 1, 2000.

Section 317-A:19

    317-A:19 Repealed by 2000, 5:29, I, eff. July 1, 2000. –

Section 317-A:20

    317-A:20 Practice of Dentistry. –
I. A person shall be regarded as practicing dentistry within the meaning of this chapter who:
(a) Uses or permits to be used, directly or indirectly, for profit or otherwise, for that person or for any other person, in connection with the person's name, the word "dentist", or "dental surgeon", or the title "D.D.S." or "D.M.D.", or any other words, letters, titles, or descriptive matter, personal or not, which directly or indirectly imply the practice of dentistry;
(b) Owns, leases, maintains, or operates a dental business in any office or other room or rooms where dental operations are performed, or directly or indirectly is manager, proprietor, or conductor of the same;
(c) Directly or indirectly informs the public in any language, orally, in writing, or in printing, or by drawings, demonstrations, specimens, signs, or pictures that the person can perform or will attempt to perform dental operations of any kind;
(d) Undertakes, by any means or method, including by use of electronic media, gratuitously or for a salary, fee, money, or other reward paid or granted directly or indirectly to that person or to any other person, to diagnose or profess to diagnose, to treat or profess to treat, or prescribe for or profess to prescribe for any of the lesions, diseases, disorders, or deficiencies of the human oral cavity, teeth, gums, maxilla, or mandible or adjacent associated structures;
(e) Supervises a dentist within the scope of the practice of dentistry;
(f) Except on the written prescription of a duly licensed dentist and by the use of impressions or casts made by a duly licensed and practicing dentist, directly or indirectly by mail, carrier, personal agent, or by any other method, furnishes, supplies, constructs, reproduces, or repairs prosthetic dentures, bridges, appliances, or other structures to be used and worn as substitutes for natural teeth, or adjusts the same;
(g) Administers dental anesthetics, either general or local; or
(h) Dispenses teeth whitening agents or undertakes to whiten or bleach teeth by any means or method, unless the person is dispensing or using a product that may be purchased over the counter for the person's own use, or is authorized under rules adopted by the board to engage in such activities without being a licensed dentist.
II. (a) Any dentist who wishes to administer general anesthesia, deep sedation, or moderate sedation shall apply to the board for the appropriate permit and pay an application fee set by the board in accordance with RSA 317-A:12, XII-a.
(b) The board shall require the documentation of competence according to the rules adopted under RSA 317-A:12, XII-a(g) before issuing such a permit.
(c) The rules of the board shall require an appropriate number of hours of continuing education as a condition for issuing or reissuing such a permit.
III. Nothing in this section shall prevent:
(a) Physicians or surgeons licensed under RSA 329 from practicing dentistry incidental to their practice of medicine.
(b) Students from Commission on Dental Accreditation accredited schools from practicing in hospitals or other institutions under the supervision of a faculty member of a Commission on Dental Accreditation accredited school who is also licensed under this chapter.
(c) A health care charitable trust, as defined under RSA 7:32-d, V, from owning, leasing, maintaining, or operating a dental clinic where dental operations are performed, provided:
(1) The health care charitable trust is a not-for-profit corporation under RSA 292 and section 501(c)(3) of the Internal Revenue Code;
(2) The health care charitable trust complies with the provisions of RSA 7:19 through RSA 7:32- l; and
(3) The practice of dentistry conducted under the authority of the health care charitable trust shall be under the supervision of a dentist licensed by the board. The health care charitable trust shall notify the board in writing of the name and location of the dental clinic and the name of the supervising dentist, and shall notify the board within 30 days of any change of the supervising dentist.
(d) Graduates from a Commission on Dental Accreditation accredited school from practicing in a Commission on Dental Accreditation accredited residency program under the supervision of a dentist holding an active license issued by the board for the duration of the residency program.
(e) A consultant, who does not have a license issued by the board or by the New Hampshire board of medicine, from providing a consulting or expert opinion to a New Hampshire licensed dentist regarding a patient, if the consultant is a legally licensed physician or dentist in another state or Canada and has no contact with the patient. The New Hampshire licensed dentist shall bear responsibility for patient diagnosis and treatment.
IV. Such things as the board shall determine to be " dental hygiene " under RSA 317-A:12 or RSA 317-A:21-c shall not be deemed to be the practice of dentistry within the meaning of this section.

Source. 1971, 364:1. 1996, 102:3. 1997, 204:6. 2000, 5:22. 2004, 163:1. 2005, 42:3, 4. 2008, 43:1. 2010, 139:3-5, 8, eff. Aug. 13, 2010. 2018, 188:3, eff. Aug. 7, 2018; 316:11, eff. Aug. 24, 2018.

Section 317-A:20-a

    317-A:20-a Dentist Report of Adverse Events; Corrective Action Plan. –
I. Any dentist licensed pursuant to this chapter shall report to the board the occurrence of any adverse health care events resulting in death, brain damage, or hospitalization, occurring in the dentist's office or facility while utilizing general anesthesia, deep sedation, or moderate sedation, as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the board and shall identify the office or facility but shall not include any identifying information for any of the dental professionals, facility employees, or patients involved. The board may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards.
II. After receiving a report of an adverse health care event, the board shall conduct a root cause analysis of the event. Following the analysis, the dentist's office or facility shall implement a corrective action plan to implement the findings of the analysis or report to the board any reasons for not taking corrective action. If the root cause analysis and the implementation of a corrective action plan are complete at the time an event must be reported, the findings of the analysis and the corrective action plan shall be included in the report of the event. The findings of the root cause analysis and a copy of the corrective action plan shall otherwise be filed with the board within 60 days of the event. All proceedings related to the root cause analysis and implementation of a corrective action plan shall be considered privileged and not subject to discovery or subpoena.
III. All information and data made available to the board and its designees under this section shall be confidential and shall be exempt from public access under RSA 91-A.
IV. The board shall adopt rules for reporting of adverse events, analysis of root causes, and implementation of corrective action plans required to facilitate the enforcement of this section.

Source. 2018, 188:4, eff. Aug. 7, 2018.

Dental Hygienist

Section 317-A:21

    317-A:21 Licensure. –
I. For the protection of the public health, safety, and welfare, any person providing dental hygiene services in New Hampshire shall submit evidence that such person is qualified to provide those services and shall be licensed as provided in this chapter. No person shall provide dental hygiene services in New Hampshire or use any sign, card, device or the abbreviation R.D.H. or any other designation indicating such person is providing dental hygiene services, unless such person has been licensed under the provisions of this chapter.
II. Applications for licensure as a dental hygienist shall be made to the board in writing and shall be accompanied by a fee established by the office of professional licensure and certification and by satisfactory proof that the applicant is a graduate of a school of dentistry or a school of dental hygiene with a minimum of a 2-year program in an institution of higher education, the program of which is accredited by a national accrediting agency recognized by the United States Department of Education and the Commission on Dental Accreditation.

Source. 1971, 364:1. 1977, 563:24. 1979, 434:26; 456:10. 1992, 2:9. 1994, 240:2. 1997, 204:8. 2000, 5:23, eff. July 1, 2000. 2018, 316:12, eff. Aug. 24, 2018. 2021, 197:42, eff. July 1, 2021.

Section 317-A:21-a

    317-A:21-a Examinations. – Except as otherwise provided, applicants shall be examined by the board. The examinations may be oral, clinical, written or a combination, at the discretion of the board, and shall be of such character as to test the qualifications of the applicant to be licensed in dental hygiene. No license shall be granted to any applicant who shall not pass such examination satisfactorily. The board shall have the authority to grant a license in dental hygiene to applicants who have successfully passed the requirements of any national or regional testing agency acceptable to the board.

Source. 1994, 240:3, eff. Jan. 1, 1995.

Section 317-A:21-b

    317-A:21-b Display of License. – Licensees who provide dental hygiene services in this state shall cause their licenses to be at all times displayed in a conspicuous place in the setting wherein they shall treat patients, and shall whenever requested, exhibit such license to any of the members of the board or its authorized agent.

Source. 1994, 240:3, eff. Jan. 1, 1995.

Section 317-A:21-c

    317-A:21-c Practice of Dental Hygiene. –
I. A person shall be regarded as practicing dental hygiene within the meaning of this chapter, who performs any of the actions listed in RSA 317-A:21-c, II, or who uses the title "registered dental hygienist", the abbreviation "R.D.H.", or any other words or symbols that indicate that the person is a licensed dental hygienist.
II. Dental hygiene services shall include:
(a) The assessment of medical and dental histories, including preliminary inspection of the oral cavity, surrounding structures, and periodontal charting.
(b) The assessment of the patient to collect and evaluate complete data to identify dental hygiene care needs.
(c) The performance of the complete prophylaxis including the removal of calciferous deposits, excess cements, excess bond materials from orthodontic appliances, accretions, and stains from the supragingival and subgingival surfaces of the teeth by scaling, root planning, and polishing.
(d) The performance of procedures requiring additional education and any other procedures authorized by the board through rules adopted under RSA 541-A.
(e) The administration of local anesthesia.
(f) The administration of nitrous oxide/oxygen minimal sedation (anxiolysis); provided the dental hygienist is qualified by the board after training and after passing an examination approved by the board.
(g) The administration, prescription and dispensing of a fluoride supplement, topically applied fluoride and chlorhexidine gluconate oral rinse.
III. Dental hygiene services shall be provided under the supervision of a licensed dentist in accordance with rules adopted by the board.
IV. The practice of dental hygiene conducted under the authority of a health care charitable trust as provided in RSA 317-A:20, III(c) shall be performed by dentists or by dental hygienists licensed by the board and who practice under the supervision of a dentist licensed by the board. The health care charitable trust shall notify the board in writing of the name and location of the dental clinic and the name of the supervising dentist, and shall notify the board within 10 days of any change of the supervising dentist.

Source. 1994, 240:3. 1997, 204:9. 2002, 91:1. 2004, 163:2. 2006, 238:2, eff. Jan. 1, 2007. 2018, 316:13, eff. Aug. 24, 2018.

Section 317-A:21-d

    317-A:21-d Practice Limitations. – Nothing in this chapter shall be construed to permit the independent practice of dental hygienists.

Source. 1994, 240:3, eff. Jan. 1, 1995.

Section 317-A:21-e

    317-A:21-e Certified Public Health Dental Hygienist. –
I. A dental hygienist licensed under this chapter may obtain a certification to practice as a certified public health dental hygienist by submitting an application to the board in writing and completing additional educational and training requirements as required by the board. A certified public health dental hygienist practicing under this section may:
(a) Collect and assess medical and dental histories, including preliminary inspection of the oral cavity and surrounding structures, and periodontal probing and charting.
(b) Instruct in oral hygiene techniques.
(c) Prepare a treatment plan within the public health dental hygienist scope of practice.
(d) Perform complete oral prophylaxis as appropriate, including the removal of calciferous deposits and the removal of subgingival accretions and stains by scaling and root planing.
(e) Perform professional application of topical fluoride, including fluoride varnish.
(f) Place sealants, if qualified and when authorized by a dentist with an active license, provided that:
(1) Written informed consent shall be obtained from the patient's legal guardian; and
(2) The supervising dentist and the public health dental hygienist shall be responsible for the sealants being indicated and correctly placed.
(g) Place temporary restorations without excavation.
(h) Perform radiographic imaging limited to bite wings, and occlusal and periapical radiography, as needed.
(i) Provide nutritional counseling for the control of dental disease.
(j) Provide referrals.
(k) Perform any procedure that is within the scope of practice that has been authorized under public health supervision.
II. A certified public health dental hygienist, acting under the public health supervision of an actively licensed dentist, may practice in a school, hospital, or other institution, or for a homebound person without the dentist having to be present, provided the dentist has reviewed the records once in a 12-month period.
III. The dental hygienists committee established under RSA 317-A:2-a shall develop and propose to the board for its review and approval all application and certification requirements, education programs, and other regulations and requirements relating to certified public health dental hygienists.
IV. Public health dental hygienist certification under this section shall not preclude non-certified dental hygienists from practicing under public health supervision as allowed under the rules of the board of dental examiners.

Source. 2012, 183:1, eff. June 11, 2012.

Section 317-A:21-f

    317-A:21-f Repealed by 2014, 313:2, eff. Nov. 15, 2015. –

Section 317-A:21-g

    317-A:21-g Expanded Function Dental Auxiliary. –
I. A dental hygienist licensed under this chapter or a dental assistant may obtain a permit from the board to practice as an expanded function dental auxiliary by submitting an application to the board in writing and completing additional educational and training requirements as required in rules adopted by the board.
II. An expanded function dental auxiliary shall work under the supervision of an actively licensed dentist.
III. The board shall adopt rules under RSA 317-A:12, XII-d regarding application and permit requirements, educational requirements, level of supervision requirements, and scope of practice requirements relating to expanded function dental auxiliaries.

Source. 2018, 316:14, eff. Aug. 24, 2018.

Section 317-A:22

    317-A:22 Repealed by 1981, 482:13, eff. July 1, 1981. –

Section 317-A:23

    317-A:23 Non-Practice. –
I. None of the following procedures may be assigned to a dental hygienist or assistant or to any other person not licensed to practice dentistry:
(a) Diagnosis, treatment planning and prescriptions (including prescriptions for drugs and medicaments or authorization for restorative, prosthodontic, or orthodontic appliances).
(b) Surgical procedures on hard or soft tissues within the oral cavity; or any other inter-oral procedure that contributes to, or results in, an irremediable alteration of the oral anatomy.
II. Under the public health supervision of an actively licensed dentist and in accordance with a written practice agreement, a certified public health dental hygienist may provide services pursuant to RSA 317-A:21-e, I for which certified public health dental hygienists have been trained and which have been authorized by a supervising dentist in writing. Services may be provided to an individual patient without the patient first seeing a dentist for an examination, diagnosis, and treatment planning if the supervising dentist has provided written general authorization and standing protocols for the certified public health dental hygienist.

Source. 1971, 364:1. 2012, 183:6, eff. June 11, 2012.

Interstate Provisions

Section 317-A:24

    317-A:24 Applicants From Other States. – The board may license any applicant for a dental or dental hygienist license who is so licensed in any other state, provided the other state's licensing requirements are substantially equivalent to or higher than those of this state.

Source. 1971, 364:1. 1981, 482:10, eff. July 1, 1981.

Section 317-A:25

    317-A:25 Certificate of Good Standing. – Any one who is licensed to practice dentistry or dental hygiene in this state, and of good professional character, and known to the dental board as such, who desires to change residence to another state, territory or country, shall, upon application to the dental board, receive a special certificate over the signature of the president and vice-president of the board, which shall attest such facts, and give the date upon which such person was licensed.

Source. 1971, 364:1. 1981, 482:11. 1994, 240:4. 2000, 5:24. 2003, 149:9, July 1, 2003.

Section 317-A:26

    317-A:26 Repealed by 2000, 5:29, I, eff. July 1, 2000. –

Regulations and Penalties

Section 317-A:27

    317-A:27 Display of Names. – Any individual engaged in the practice of dentistry shall display at the entrance of his or her place of business the name of the individual practicing dentistry at that place of business.

Source. 1971, 364:1. 2000, 5:25, eff. July 1, 2000.

Section 317-A:27-a

    317-A:27-a Dental Records. – Dentists and dental hygienists shall make a record of all examinations and treatments performed or recommended. The record shall be in such a manner and in sufficient detail that it may be used for identification purposes. A dentist shall maintain patients' paper or electronic, and radiographic records, for at least 7 years from the time the dentist or dental hygienist last treated the patient. In the case of a minor patient, a dentist shall maintain a patient's paper or electronic, and radiographic dental records for at least 7 years past the age of majority.

Source. 1983, 73:1. 1994, 240:5. 2000, 5:25. 2006, 238:3, eff. Jan. 1, 2007. 2018, 316:15, eff. Aug. 24, 2018.

Section 317-A:28

    317-A:28 Unlicensed Persons Prohibited. – Dentists acting as a manager, proprietor, partnership, association, or corporation owning, managing, or controlling any place where dental work is done, provided, or contracted for shall employ, keep, or retain only licensed dentists to practice dentistry and licensed dental hygienists to practice dental hygiene.

Source. 1971, 364:1. 1997, 204:10. 2010, 139:6, eff. Aug. 13, 2010.

Section 317-A:29

    317-A:29 List of Dentists and Dental Hygienists. – Any manager, proprietor, partnership, association, or corporation specified in RSA 317-A:28 shall, within 10 days after demand made by the vice-president of the board by registered mail, furnish to the vice-president the names and addresses of all persons practicing dentistry or dental hygiene in their or its place of business or under their or its control, together with a sworn statement showing by what license or authority said persons are practicing.

Source. 1971, 364:1. 1997, 204:11. 2003, 149:10, July 1, 2003.

Section 317-A:30

    317-A:30 Death of Licensee. – No person not a registered dentist shall, directly or indirectly, practice dentistry in this state, except as is provided in this chapter; but the spouse, executor, or administrator of a registered dentist who has died, or the spouse of one who is incapacitated, may continue such business under a registered dentist.

Source. 1971, 364:1. 1994, 289:4, eff. Aug. 5, 1994.

Section 317-A:31

    317-A:31 Advertising; Specialists. – All advertisements of dental services shall contain the name of the dentist whose services are being advertised and shall state whether each dentist is a general dentist or, if qualified, a specialist in the named area or specialization. This shall include dental practices operating under a trade name. The dentist's name and designation as a general dentist or specialist shall be stated prominently in the advertisement.

Source. 1971, 364:1. 2000, 5:26, eff. July 1, 2000.

Section 317-A:32

    317-A:32 False Papers. – Any person filing or attempting to file as his or her own the diploma or license of another, or a forged affidavit of identification or qualification, shall be deemed guilty of forgery.

Source. 1971, 364:1. 2000, 5:27, eff. July 1, 2000.

Section 317-A:33

    317-A:33 Penalty. – Except as otherwise provided, any person who shall practice or attempt to practice dentistry or dental hygiene in this state without a license or who violates any of the provisions of RSA 317-A shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.

Source. 1971, 364:1. 1973, 528:201. 1994, 240:6. 2000, 5:28, eff. July 1, 2000.

Section 317-A:34

    317-A:34 Injunction. – The board may petition the superior court for an injunction to restrain the practice of dentistry, as defined in RSA 317-A:20, by any person other than a licensed dentist or such other persons as are specifically excepted from the operation of RSA 317-A:20. In such proceedings, the board may be represented by the attorney general or its own counsel, and such petition may be filed in the superior court for the county in which the defendant named therein resides, or, if such defendant is a nonresident, then in the superior court for any county in which the named defendant does business. The petition for such injunction or the issuance thereof shall be in addition to, and shall not relieve any such person from, criminal prosecution. In connection with any such petition for an injunction, it shall not be necessary to prove that an adequate remedy at law does not exist.

Source. 1971, 364:1. 1979, 456:12, eff. Aug. 24, 1979.

Section 317-A:35

    317-A:35 Disposal of Fines. – All fines imposed and collected under this chapter shall be paid by the court or justice to the office of professional licensure and certification.

Source. 1971, 364:1. 2003, 149:11. 2014, 11:4, eff. May 14, 2014. 2015, 276:80, eff. July 1, 2015.

Section 317-A:36

    317-A:36 Repealed by 2015, 56:2, II, eff. Aug. 1, 2015. –

Section 317-A:37

    317-A:37 Proceedings of Dental Peer Review Committee. – All proceedings, records, findings, and deliberations of any dental peer review committee of a duly established state dental society or component dental society are confidential and privileged and shall not be used or available for use or subject to process in any other proceeding. The manner in which a dental peer review committee and each member thereof deliberates, decides, or votes on any matter submitted to it is likewise confidential and privileged and shall not be the subject of inquiry in any other proceeding. Nothing in this statute shall prevent a dental peer review committee from referring complaints to the New Hampshire board of dental examiners and providing the board with the name and contact information of the complainant.

Source. 1976, 17:1. 1983, 346:4. 2007, 49:5, eff. July 1, 2007.

Mercury Amalgam

Section 317-A:38

    317-A:38 Mercury Amalgam; Information. – A dentist shall present patients having dental restorative procedures with a standardized pamphlet developed by the board in consultation with the department of health and human services regarding the risks and benefits of dental materials, including mercury amalgam, and shall discuss with the patient the choices of restorative dental materials prior to their use.

Source. 2002, 96:1, eff. Jan. 1, 2003.