CHAPTER
Den 100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 317-A:12
PART
Den 101 DEFINITIONS
Den 101.01 “Active license” means a
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908,
eff 12-9-98
Den 101.02 “Base” means a replacement material for lost
dentin tooth structure.
Source. #8099, eff
6-11-04
Den 101.03 “Board” means the New Hampshire board of
dental examiners established pursuant to RSA 317-A:2.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908,
eff 12-9-98
Den 101.04 “Certification” means the
process attesting that an individual has met certain predetermined standards
specified by the certifying body.
Source. #7969,
eff 10-10-03
Den 101.05 “Certified dental assistant” means a dental
assistant who holds current certified dental assistant certification from the
Dental Assisting National Board (DANB).
Source. #12427,
eff 12-6-17
Den 101.06 “Clinical” means having to
do with the direct observation and treatment of patients.
Source. #8224, eff 12-8-04; renumbered by #12427 (formerly Den 101.05)
Den 101.07 “Dental assistant” means any person who
assists the dentist in carrying out the clinical duties of a dental office.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; ss by
#9777-A, eff 9-3-10; ss by #9956, eff 7-16-11; renumbered by
#12427 (formerly Den 101.06)
Den 101.08 “Dental hygienist” means a person holding a
current license issued by the board under RSA 317-A:21.
Source. #4298, eff 7-28-87; ss by #5110, eff 4-4-91,
EXPIRED: 4-4-97
New. #6908, eff 12-9-98; renumbered by #12427 (formerly Den 101.07)
Den 101.09 “Dentist” means a person holding a current
license issued by the board under RSA 317-A:7 and RSA 317-A:20.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; renumbered by #12427 (formerly Den 101.08)
Den 101.10 “Diagnosis” means the identification of a
disease from its signs and symptoms.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; ss by #7556, eff 9-20-01; renumbered by
#12427 (formerly Den 101.09)
Den 101.11 “Direct supervision” means a dentist with an
active license is in the dental office, authorizes the procedure and remains in
the dental office while the procedures are being performed and evaluates the
performance of the dental hygienist or dental assistant before dismissal of the
patient.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; ss by #10990, eff 12-9-15; renumbered by
#12427 (formerly Den 101.10)
Den 101.12 “General supervision” means a dentist with an
active license has authorized the procedures, and the procedures are being
carried out in accordance with their diagnosis and treatment plan, and the
procedures will be personally evaluated and reviewed by the dentist with the
patient at least once in a 12 month period.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; renumbered by
#12427 (formerly Den 101.11)
Den 101.13 “Graduate dental assistant”
means a dental assistant who has graduated from a Commission on Dental
Accreditation (CODA) accredited school of dental assisting.
Source. #12427,
eff 12-6-17
Den 101.14 “Indirect supervision” means a dentist with
an active license is in the dental office, authorizes the procedures, and remains
in the dental office while the procedures are being performed by the dental
hygienist or dental assistant and evaluates the performance of the dental hygienist
or dental assistant at a subsequent appointment.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; renumbered by #12427 (formerly Den 101.12)
Den 101.15 “Letter of concern” means a written letter
from the board drawing the licensee’s attention to specific acts or omissions
that could place the licensee at risk of future disciplinary action. A letter
of concern is non-disciplinary and is sent to the licensee following a
communication of alleged misconduct, complaint, or investigation.
Source. #12427,
eff 12-6-17
Den 101.16 “Licensure” means the process by which the
board, to protect the public, grants written permission to persons meeting
qualifications set forth in these rules to engage in the practice of dentistry
or dental hygiene.
Source. #7969, eff 10-10-03; renumbered by #12427 (formerly Den 101.13)
Den 101.17 “Licensure by endorsement certification”
means granting a license to practice dentistry or to provide dental hygiene services
in New Hampshire based upon compliance with the applicable requirements of Den
300, and holding a current, unsuspended, unrestricted license to practice in
another state.
Source. #4298, eff 7-28-87; ss by #5110, eff 4-4-91,
EXPIRED: 4-4-97
New. #6908, eff 12-9-98; ss by #12427 (from Den 101.14)
Den 101.18 “Licensure by examination” means granting a
license to practice dentistry or to provide dental hygiene services in New
Hampshire based upon compliance with the applicable requirements of Den 300,
and passage of the American Board of Dental Examiners (ADEX) or any similar national or regional
testing agency.
Source. #287.2 eff 1-17-74; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908, eff 12-9-98; ss by #10688,
eff 10-7-14; renumbered by #12427 (formerly Den 101.15)
Den 101.19 “Liner” means a material placed in a tooth
for reasons other than to replace tooth structure.
Source. #8099, eff 6-11-04; renumbered by #12427 (formerly Den 101.16)
Den 101.20 “Monitor” means to observe for a special
purpose.
Source. #8099, eff 6-11-04; renumbered by #12427 (formerly Den 101.17)
Den 101.21 “Moral turpitude” means baseness, vileness,
or dishonesty to a high degree.
Source. #8962, eff 8-16-07; renumbered by #12427 (formerly Den 101.18)
Den 101.22
“Personally evaluated” means that a dentist with an active license performs an
oral exam on the patient once in a 12 month period.
Source. #12427,
eff 12-6-17
Den 101.23 “President” means president of the board
chosen pursuant to RSA 317-A:4.
Source. #287.2 eff 1-17-74;
ss by #2981, eff 2-28-85; ss by #4262-a, eff 5-19-87; ss by #5110, eff 4-4-91;
amd by #5722, eff 10-15-93; ss by #6908,
eff 12-9-98; renumbered by #12427 (formerly 101.19)
Den 101.24 “Public health supervision” means a dentist
with an active license authorizes procedures which are to be carried out by a
dental hygienist with an active license practicing in a school, hospital or
other institution, or for a homebound person without the dentist having to be
present provided the dentist reviews the records once in a 12
month period.
Source. #6097, eff 9-29-95;
ss by #6908, eff 12-9-98; ss by #10328-A,
eff 5-7-13; renumbered by #12427 (formerly Den 101.20)
Den 101.25 "Qualified" means meeting the
requirements of Den 302.05.
Source. #6097, eff 9-29-95;
ss by #6908, eff 12-9-98; renumbered
by #12427 (formerly Den 101.21)
Den 101.26 “Registration” means to secure official entry
on the roster of persons having a dental or dental hygiene license in New
Hampshire.
Source. #7671, eff 4-4-02;
ss and moved by #8224, eff
12-8-04 (formerly Den 101.19); renumbered by #12427 (formerly Den 101.22)
Den 101.27 “Supervision” means oversight by a dentist of
the performance of duties authorized by the board to dental hygienists and
dental assistants.
Source.
#6908, eff
12-9-98; renumbered by #12427 (formerly Den 101.23)
Den 101.28 “Temporary dental restoration” means a
substance placed as an interim restoration to sedate or seal a tooth.
Source. #8099, eff 6-11-04; renumbered by #12427 (formerly Den 101.24)
Den 101.29 “Traditional dental assistant” means a dental
assistant who is neither a certified dental assistant nor a graduate dental
assistant.
Source. #12427,
eff 12-6-17
Den 101.30 “Vice president” means the vice president of
the board chosen pursuant to RSA 317-A:4.
Source.
#8224, eff
12-8-04; renumbered by #12427 (formerly Den 101.25)
Den 101.31 “Volunteer” means an individual who provides
dental care without pay or compensation for work or service performed.
Source.
#8224, eff
12-8-04; renumbered by #12427 (formerly Den 101.26)
PART
Den 102 DESCRIPTION OF BOARD
Den 102.01 Organization of Board.
(a)
The board of dental examiners consists of 9 members, including 6
dentists, 2 hygienists, and one public member.
One of these serves as president and one as vice-president. It is the duty of the board to examine,
register and license applicants whom they find to be qualified to practice
dentistry or dental hygiene in this state.
All board members are required by RSA 317-A:3 to be residents of the
state. The 6 dentist members are
licensed to practice dentistry in this state.
The 2 dental hygienist members are licensed to practice dental hygiene
in this state. The board is also
responsible for the administration of the practice of dental auxiliaries
assisting licensed dentists practicing in the state.
(b)
Members of the board are appointed as their terms expire by the
governor, with the advice and consent of the council, for a period of 5 years
and a limit of 2 consecutive terms, or until their successors are appointed and
qualified. Members of the board receive
a per diem allowance for meetings and hearings. Members are reimbursed for
expenses of travel.
(c)
The board meets annually and at such times as its business
requires. A president is chosen at the
annual meeting from the membership of the board. A true record of all their official acts is
preserved by the board's executive director.
The public records are open to inspection on the board's website once
approved by the board and during office hours in the office of the board of
dental examiners,
(d)
The board rules govern the conduct and qualifications of dentists,
dental hygienists and dental assistants and establish requirements for
continuing education as a prerequisite for renewal of licenses of dentists and
dental hygienists. The board is a member
of the North East Regional Board of Dental Examiners
(NERB), doing business as the Commission on Dental Competency Assessments
(CDCA), the American Board of Dental Examiners (ADEX) and the American
Association of
(e)
The board establishes standing committees and ad hoc committees to
facilitate meeting the requirements of RSA 317-A.
(f)
Standing committees shall include:
(1) A malpractice committee which reviews
insurance claims and legal judgments for medical injury and refers them to the
full board pursuant to RSA 317-A:17 V; and
(2) An anesthesia and sedation evaluation
committee to ensure that dentists who have a permit to administer general
anesthesia and/or sedation meet the requirements of Den 304.02.
Source. #287.2, eff 1-17-74; ss by #2981, eff
2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6908,
eff 12-9-98; amd by #7671, eff 4-4-02;
ss by 9408-A, eff 3-10-09; amd by #9777-A, eff 9-3-10; ss by #10688, eff 10-7-14; ss by #10990, eff 12-9-15
Den 102.02 Financial Interests. Pursuant to RSA 15-A, board members shall
file a statement of financial interest within 14 days of becoming a board
member and thereafter annually by the third Friday of January.
Source.
#9408-A,
eff 3-10-09
PART
Den 103 ACCESS TO PUBLIC INFORMATION
Den 103.01 Record of Official Actions. Minutes shall be kept of all board meetings
and all official actions taken by the board.
These minutes shall record those members who participate in each vote
and shall separately record the position of any members who choose to dissent, abstain or concur.
Board minutes shall
be
public records and shall be available for inspection during the board’s
ordinary office hours within 144 hours from the date of the meeting or the vote
in question.
Source.
#6908,
eff 12-9-98
Den 103.02 Custodian of Records. The board’s administrative office staff shall
be the custodian of its records and shall respond to requests to examine those
portions of the board’s records which are subject to public inspection
or which may otherwise be properly examined by the person requesting access.
Source.
#6908,
eff 12-9-98
Den 103.03 Copies of Records. Persons desiring copies of board records
shall submit a request in writing which identifies as particularly as possible
the information being sought and which agrees to pay the board’s current
copying fee. If records are requested
which contain both public and confidential information, the board shall delete
the confidential information and provide the remaining information.
Source.
#6908,
eff 12-9-98
CHAPTER
Den 200 PRACTICE AND PROCEDURE
REVISION
NOTE:
Document
#8884-A & #8884-B, effective 5-17-07, made extensive changes to the
wording, format, structure, and numbering of rules in Chapter Den 200. Document #8884-A and #8884-B supersede all
prior filings for the sections in this chapter.
The prior filings for former Chapter Den 200 include the following documents:
#287.2,
eff 1-17-74
#2981,
eff 2-28-85
#4509,
10-25-88
#5110,
eff 4-4-91, EXPIRED: 4-4-97
#6541,
eff 7-18-97
#6909,
eff 12-9-98 , EXPIRED: 12-9-06
#7270,
eff 5-12-00
#7660,
eff 3-13-02
#7777,
eff 10-10-02
#8513,
eff 12-13-05
PART
Den 201 PURPOSE AND SCOPE
Den 201.01 Purpose. The board shall conduct various proceedings
for the purpose of acquiring sufficient information to make fair and reasoned
decisions on matters within its statutory jurisdiction, including decisions on
applications for licensure and complaints filed against licensees.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 201.02 Scope.
These rules shall be construed to secure the just, efficient
and accurate resolution of all board proceedings.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART Den 202 DEFINITIONS
Den 202.01 Definitions. Except where the context makes another
meaning manifest, the following words have the meanings indicated when used in
this chapter:
(a)
“Adjudicative proceeding” means the procedure to be followed in contested
cases, as set forth in RSA 541-A:31 through RSA 541-A:36.
(b)
“Complaint” means a written allegation of professional misconduct against
a licensee of the board.
(c)
“Data” means all information other than argument, including oral or
written descriptions, reports, maps, charts, drawings, photographs, audio or
video recordings, computer programs, or computer printouts.
(d) “Disciplinary proceeding” means an
adjudicatory process to determine what discipline is appropriate for violating
RSA 317-A or its implementing rules.
(e)
“File” means to place a document in the actual possession of the board.
(f)
“Hearing” means the receipt and consideration by the board of data or
argument, or both, by methods which are appropriate to the nature and scope of the issues being decided by the board.
(g)
“Hearing counsel” means an individual appointed by the
(h)
“Investigation" means a formal or informal search by the board for
data concerning matters within its jurisdiction, the result of which is other
than a final determination of a person's rights, duties or privileges.
(i)
“Motion” means any request by a party to an existing proceeding for an
order or relief relating to that
proceeding.
(j)
“Order” means a document issued by the board:
(1) Establishing procedures to be followed in an
adjudicative or nonadjudicative proceeding;
(2) Granting or denying a petition or motion;
(3) Requiring a person to do, or to abstain from
doing, something; or
(4) Determining a person's rights to a license or
other privilege established by RSA 317-A or the rules of this chapter.
(k)
“Petition” means an initial request to the board seeking action or
relief, but does not include a license application, a complaint against a
licensee, or a motion.
(l)
“Presiding officer” means the board member or other individual to whom
the board has delegated authority to preside over some or all aspects of an
adjudicative or other proceeding.
(m)
“Proposed decision” means an initial or recommended decision made by a
presiding officer pursuant to Den 209.04 which is subject to review by the
entire board.
(n)
“Rulemaking” means the procedures for formulating agency rules set forth
in RSA 541-A:3.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART Den 203 Compliance
with Procedural Rules or Orders
Den 203.01 Failure to Comply with Procedural Rules or Orders.
(a)
Failure to comply with the rules of this chapter shall be grounds for:
(1) Refusing to accept or admit a noncompliant
document for filing or refusing to consider a noncompliant oral petition or
motion; or
(2) Accepting or admitting a noncompliant
application, petition, motion, or exhibit on the condition that conformity with specific procedural
requirements be achieved by a specified date.
(b)
When a noncompliant pleading or other tendered information is not
accepted or admitted by the board, or when conditions for the acceptance or
admission of noncompliant information are not met, the board shall make a decision on the pending matter without considering
the noncompliant information, unless the board notifies the parties that it has
waived the rule in accordance with Den 203.02.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 203.02 Waiver or Suspension of Procedural Rules Or Orders. The
board, upon its own initiative or upon the motion of any interested person,
shall suspend or waive any procedural requirement or limitation imposed by this
chapter upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful, and would be more likely to promote the fair,
accurate and efficient resolution of issues properly pending before the board
than would adherence to a particular procedural rule or requirement. A motion
for waiver or suspension of a procedural rule or order shall fully set forth
the reasons for the requested relief.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART
Den 204 APPEARANCES BEFORE THE AGENCY
Den 204.01 Representatives.
(a)
A person appearing before the board
shall represent or be represented by a person who:
(1) Is an attorney holding a current and active
(2) Is not a
(b)
Motions for leave to appear before the board shall:
(1) Briefly describe the proposed
representative's professional and character qualifications to ensure the
representation does not constitute the unauthorized practice of law; and
(2) Provide the proposed representative's daytime
address and telephone number; and
(3) Be signed by both the proposed representative
and the party who would be represented.
(c)
Corporations, partnerships and other legal
entities which are not natural persons shall be represented by:
(1) An attorney licensed in
(2) An officer, director, or managing partner
with express and unqualified written authority to act on behalf of the entity
concerning the matter in question who has not been convicted of a felony in any
state.
(d)
Nothing in this section shall be construed to permit the unauthorized
practice of law.
(e)
The board shall, after notice and opportunity for hearing, prohibit or
restrict an individual from acting as a representative upon a finding that the
individual has engaged in conduct relating to representation before the board
which would be sanctioned by a court if committed by an attorney appearing
before the court.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART
Den 205 TIME PERIODS
Den 205.01 Computation of Time. Any time period
specified in this chapter shall begin with the day following the act, event, or
default, and shall include the last day of the period, unless it is Saturday,
Sunday, or state legal holiday, in which event the period shall run until the
end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowed is less
than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be
excluded from the computation.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 205.02 Change in Allowed Times. Except where a time period
is fixed by statute, the board shall, upon motion or upon its own initiative,
enlarge or shorten the time provided for the filing of any document, or advance
or postpone the time set for any oral hearing, prehearing conference, or other
activity, upon a finding that:
(a)
The moving party did not comply with the time period
due to accident, mistake, or misfortune; and
(b) The probable injury to the moving party
outweighs any detriment likely to be suffered by any other party or the public
interest responsibilities of the board.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 205.03 Limitations. A motion to change time shall not be filed
within 3 business days of the event in question.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART
Den 206 FILING AND SERVICE OF DOCUMENTS
Den 206.01 Filing Documents with the
(a)
A document shall be considered filed when it is actually
received at the board's office in
(b)
A document tendered for filing which is patently and facially in
violation of the board's rules shall not be accepted for filing. Such
submissions shall be returned to the sender without prejudice to subsequent
acceptance if the deficiencies are corrected and the document is refiled within
any applicable time period.
(c)
All correspondence, filings
or communications intended for the board shall be addressed to the board's
office in care of its administrative assistant.
(d)
All petitions, motions, exhibits, memoranda or
other documents filed in connection with a request for board action shall be
filed with an original and one copy unless the board directs otherwise.
(e)
Notwithstanding (d) above, only a single copy shall be filed of:
(1) Transmittal letters, requests for public
information, or other routine correspondence not directed at formal board action;
(2) License applications; and
(3) Complaints against licensees.
(f)
Failure to furnish the required number of copies shall result in a tendered
document being returned as unacceptable for filing.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 206.02 Subscription and Veracity of Documents.
(a)
All complaints, petitions, motions, and replies filed with the board
shall be signed and dated by the proponent of the document or, if the party
appears by a representative, by the representative.
(b)
The signature on a document filed with the board shall constitute a
certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer's knowledge,
information, and belief, there are good grounds to support it; and
(4) The document has not been filed for purposes
of delay or harassment.
(c)
A willful violation of the representations contained in (b), above,
shall, to the extent consistent with justice and the statutes administered by
the board, be grounds for entering an order adverse to the party committing the
violation.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 206.03 Service of Documents.
(a) Complaints against licensees shall be filed
with the board without service upon the licensee against whom the allegations
are made.
(b) Applications, petitions for rulemaking and
petitions for declaratory rulings shall be filed with the board without service
upon other persons. Provided, however, that when the relief sought by a
petition for rulemaking or a petition for declaratory ruling would clearly and
directly affect the interests of a person or group of persons, the board shall,
by order, require service upon the affected person or persons.
(c) All objections, motions, replies, memoranda,
exhibits, or other documents filed in connection with a request for board
action shall be served by the proponent upon all interested parties by:
(1)
Depositing a copy of the document in the
United States mail, first class postage prepaid, addressed to the last address
given to the board by the party being served, no later than the day the
document is filed with the board; or
(2)
Delivering a copy of the document in
hand on or before the date it is filed with the board; or
(3)
In addition to one of the above, when
appropriate for the efficiency of the process, the board shall order that
service be rendered electronically, by facsimile or other expedited means.
(d) Notices, orders, decisions
or other documents issued by the board in connection with requests for board
action shall be served by the board upon all interested parties by either:
(1)
Depositing a copy of the document, first
class postage prepaid, in the
(2)
Delivering a copy of the document in hand
to the party; or
(3)
With the consent of the party, providing
a copy of the document electronically.
(e) When a party has appeared by a representative,
service shall be upon the representative. Provided, however, that the board
shall order additional service upon a finding that such service would
facilitate the fair and efficient conduct of the proceeding.
(f) Except for exhibits distributed at a
prehearing conference or hearing, every document filed with the board, and
required to be served upon the parties to an adjudicative proceeding, shall be
accompanied by a certificate of service, signed by the person making service,
attesting to the method and date of service, and the persons served.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; ss by #10990,
eff 12-9-15
PART
Den 207 PLEADINGS, COMPLAINTS AND
MOTIONS
Den 207.01 Pleadings.
(a)
The only pleadings permitted shall be petitions and motions. Complaints
against licensees and applications for licenses shall not be considered
pleadings.
(b)
Petitions shall contain:
(1) The name and address of the petitioner;
(2) The name and address of the petitioner's
representative, if any;
(3) A concise statement of the facts which
warrant the relief requested from the board;
(4) The description of the action which the
petitioner wishes the board to take;
(5) A citation to any statutes, rules, orders, or
other authority which entitles the petition to the relief requested; and
(6) The signature and date required by Den
206.02(a).
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; ss by #9408-A, eff 3-10-09
Den 207.02 Complaints of Licensee Misconduct.
(a)
Complaints alleging misconduct by licensees in violation of RSA 317-A:17
or Den 500 shall be in writing and filed at the board's offices in
(b)
A complaint shall contain the following information:
(1) The name and address of the complainant;
(2) The name and business address of the licensee
against whom the complaint is directed; and
(3)
The specific facts and circumstances which are believed to constitute
professional misconduct.
(c)
A complaint shall be treated as an ex parte request for the initiation
of disciplinary proceedings by the board and shall be a confidential document
subject to public disclosure only as provided by Den 212.04 (f).
(d)
A complaint shall be dismissed at any time upon a determination that it:
(1) Fails to state a cause of action;
(2) Alleges a time-barred cause of action; or
(3) The complainant has unreasonably failed to
respond to a request for further information or has otherwise failed to
cooperate with a board investigation or hearing.
(e)
The dismissal or withdrawal of a complaint shall not preclude the board
from independently pursuing some or all of the
allegations of misconduct alleged by the complainant.
(f)
Replies to complaints shall contain:
(1) The name and address of the respondent;
(2) The name and address of the representative of
the respondent, if any;
(3)
A statement admitting or denying each fact alleged in the complaint pursuant to
Den 205.01(b)(3);
(4) A concise
statement of any additional or different facts which warrant the board acting
in the manner requested by the respondent;
(5) A citation to
any statutes, rules, orders or other authority, not identified in the
complaint, having a bearing upon the subject matter of the complaint;
(6) A description of the action which the
respondent wishes the board to take; and
(7) The signature and date required by Den 206.02
(a).
(g)
Replies shall be filed within 20 days from the date the complaint was
received by the respondent unless otherwise ordered by the board.
(h)
Any fact contained in the complaint which is
not denied in the reply, shall be deemed admitted by the respondent. A
statement that the respondent lacks sufficient knowledge to admit or deny shall
be treated as a denial. The complainant
shall be presumed to deny all allegations in the reply, and no response shall
be permitted to the reply.
(i)
A dental record submitted with a reply to a complaint shall be:
(1) A copy of the original record
(2) Accompanied by:
a. A typed rendition of the handwritten parts of
the original record; and
b. Dated radiographs of diagnostic quality, if part of the original record.
(j)
At any stage of the board's evaluation of the allegations in a
complaint, the board shall, subject to (k) below, and with the consent of the
licensee, issue a final settlement decree or consent order which imposes
discipline upon the licensee and terminates further disciplinary action in
whole or in part.
(k)
Action under (j) above, shall not be taken unless:
(1) The complainant receives notice and an
opportunity to submit written comments concerning the proposed settlement or
consent decree;
(2) There are no material facts in dispute
between the licensee and the complainant;
(3) The complainant's view of the facts, if true,
would not, in the discretion of the board, result in the imposition of a
greater disciplinary sanction against the licensee than that imposed by the
proposed settlement or consent decree; and
(4) The board determines that the interests of
justice do not require a hearing.
(l)
At any time during the board's evaluation of the allegations in a
complaint, the board shall elect to defer further disciplinary action if the
licensee and the complainant participate in confidential mediation on a timely
and good faith basis with a qualified mediator who is not affiliated with the
board.
(m)
When mediation is conducted under (l), above, the mediator shall attempt
informal resolution of the dispute between the complainant and the licensee,
and, within 60 days from the issuance of a mediation order, submit a written
report to the board which contains either:
(1) A written settlement agreed to by the parties; or
(2) A report of the circumstances which appear to
prevent settlement of the issues between the parties.
(n)
Upon receiving the mediator's report, the board shall discontinue its
investigation or proceed with adjudicatory proceedings.
(o)
Information concerning the substantive misconduct issues alleged by the
complainant which either party discloses to the mediator during good faith
mediation shall be accorded the same privilege available to settlement
negotiations under NH Rule of Evidence 408 not withstanding Den 208.09.
(p)
Unless previously dismissed or settled, a complaint shall be granted,
denied, or deferred, in whole or in part, by the board based upon the board's
confidential evaluation of the information available to it and the value of
potential disciplinary sanctions.
(q)
A complaint which raises issues of professional misconduct which might
warrant disciplinary sanctions shall be granted by incorporating those issues
into a notice of hearing which commences an adjudicatory hearing pursuant to
Den 201.01. In which case, disciplinary
action against the licensee shall be taken or not taken based upon the board's
evaluation of the evidence of professional misconduct submitted during the
hearing.
(r)
A complainant shall not be a party to a disciplinary hearing,
but may petition the board to intervene. When some or all of
the allegations in a complaint are the subject of a disciplinary hearing, the
notice of hearing shall inform the complainant that he or she may intervene in
the proceeding subject to appropriate conditions or shall include findings
demonstrating that the complainant has forfeited this right by failing to
cooperate with previous board orders or investigatory requests.
(s)
Anonymous complaints shall be pursued by the board pursuant to RSA
317-A:18 I and III, when it believes:
(1) The allegations have merit;
(2) The public welfare may be at risk; and
(3) The complainant has legitimate reasons for
acting anonymously.
(t)
Pursuant to Den 203.02, the board shall waive or suspend procedural
rules in Den 207.02 (s) that require the name and address of the complainant.
(u)
Complaints shall be retained in the board's files as follows:
(1) Complaints which result in discipline shall
be retained in perpetuity; and
(2) All other complaints shall be retained for 10
years, or longer if they are part of a developing pattern of behavior that
might constitute professional misconduct pursuant to RSA 317-A:17 II (d).
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #9408-B, eff 3-10-09; amd by #9777-B, eff
9-3-10; ss by #10688, eff 10-7-14
Den 207.03 Motions and Objections Thereto.
(a)
Motions and objections shall be in writing unless the nature of the relief
requested requires oral presentation upon short notice.
(b)
Motions shall state clearly and concisely:
(1) The purpose of the motion;
(2) The relief sought by the motion;
(3) The statutes, rules, orders, or other
authority authorizing the relief sought by the motion;
(4) The facts claimed to constitute grounds for
the relief requested by the motion; and
(5) The signature and date required by Den
206.02(a).
(c) Objections to motions shall state clearly and
concisely:
(1) The defense of the party filing the objection;
(2) The action which the party filing the
objection wishes the board to take on the motion;
(3) The statutes, rules, orders, or other authority
relief upon in defense of the motion; and
(4) Any facts which are additional to or
different from the facts stated in the motion; and
(5) The signature and date required by Den
206.02(a).
(d)
An objection shall specifically admit or deny each fact contained in the
motion. Failure to deny a fact shall constitute the admission of that fact for
the purposes of the motion. In the event
a party filing an objection lacks sufficient information to either admit or
deny a fact contained in the motion, the party shall so state, specifically
identifying such fact.
(e)
Unless otherwise ordered by the board, motions shall be decided upon the
writings submitted. Repetitious motions shall not be submitted.
(f)
Unless otherwise ordered by the board, objections
to motions shall be filed within 5 days after the filing of the motion. Failure to object to a motion within the time
allowed shall constitute a waiver of objection to the motion.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 207.04 Suspension Pending Completion of
Disciplinary Proceedings. Whenever
in the judgment of the board the public health and safety shall so require, the
board shall suspend or restrict the license of any licensee subject to
proceedings before the board pending the completion of the disciplinary
hearing. No order or suspension made
under this section shall be effective for more than 60 days and the board shall
expedite all disciplinary proceedings upon such a suspension. Upon any such suspension, the board shall
provide a written basis for the finding of the suspension and the licensee
shall be entitled to be heard before the board to challenge any such
suspension.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 207.05 Voluntary Surrender by Licensees Under
Disciplinary Investigation. A
licensee who is the subject of a complaint or an investigation into the
allegations of misconduct on his or her part may, as part of a consent decree
resolving the issues of the complaint or investigation, voluntarily surrender
his/her license by delivering it to the board and stating in writing that:
(a)
The surrender is freely rendered;
(b)
The licensee is not being subjected to coercion or duress;
(c)
The licensee is fully aware of the implications of surrendering his or
her license;
(d)
The licensee is aware that there is presently pending an investigation,
the nature of which the licensee shall specifically set forth; and
(e)
The licensee acknowledges that the material facts upon which the
complaint is predicated are true.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-B, eff 3-7-15
Den 207.06 Continuances.
(a)
Any party or intervenor may make an oral or written motion that a
hearing be delayed or continued to a later date or time.
(b)
A motion for a delay or a continuance shall be granted if the presiding
officer determines that a delay or continuance would assist in resolving the
case fairly.
(c)
If the later date, time and place are known
when the hearing is being delayed or continued, the information shall be stated
on the record. If the
later date, time and place are not known at that time,
the presiding officer shall as soon as practicable issue a written scheduling
order stating the date, time and place of the delayed or continued hearing.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART
Den 208 ADJUDICATIVE PROCEEDINGS
Den 208.01 Applicability. This part shall govern all proceedings
conducted by the board except rulemaking and nonadjudicative investigations.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.02 Commencement of Proceedings.
(a)
The board
shall commence an adjudicative proceeding by issuing a notice to the parties at
least 15 days before the first scheduled hearing date or first prehearing
conference.
(b)
The notice
commencing an adjudicative proceeding shall:
(1) Identify the parties to the proceeding as of
the date of the order and specify a deadline for the submission of petitions to
intervene;
(2) Briefly summarize the subject matter of the
proceeding, and identify the issues to be resolved;
(3) Specify the legislative authority for the
proposed action, and identify any applicable board rules;
(4) Specify the date by which, and the address where, appearances or motions by representatives shall be
filed;
(5) Specify the date, time, and location of an
initial prehearing conference or dates for an oral hearing;
(6) Identify the presiding officer for the
proceeding, if other than the chairman of the board;
(7) Identify any special procedures to be followed;
(8) Identify any confidentiality requirements applicable
to the proceeding;
(9) Contain such
other information or attachments as are warranted by the circumstances of the
case, including, but not limited to, orders consolidating or severing issues in
the proceeding with other proceedings, and orders directing the production or
exchange of documents;
(10) Have a statement that
each party has the right to have an attorney present to represent the party at
the party’s expense; and
(11) For proceedings before an agency responsible
for occupational licensing as provided in paragraph VII-a, have a statement
that each party has the right to have the agency provide a certified shorthand
court reporter at the party’s expense and that any such request be submitted in
writing at least 10 days prior to the proceedings.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.03 Docketing, Service of Notice, Public
Notice.
(a)
The board shall assign each adjudicative proceeding a docket number, and serve the hearing notice upon all parties to the
proceeding and the board's legal counsel in the civil bureau, department of
justice. The hearing notice shall be served upon the respondent, and the
complainant, if any, by means of certified mail.
(b) Service of all subsequent orders,
decisions and notices issued by the board, including any amendments to the
hearing notice, shall be served upon the parties, including any intervenors, by
regular mail or, with the consent of the party or intervenor, by electronic
means.
(c) Orders, notices, and decisions of
the board, and motions, memoranda, exhibits, and other documents and data
submitted to the board in a docketed case shall be kept in a docket file and
made available for public inspection in the board's office except to the extent
that confidentiality has been otherwise provided for by law.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; ss by #10990,
eff 12-9-15
Den 208.04 Intervention.
(a)
Petitions for intervention shall state with particularity:
(1) The petitioner's interest in the subject
matter of the hearing;
(2) Why the interests of the parties and the
orderly and prompt conduct of the proceeding would not be impaired; and
(3) Any other reasons why the petitioner should
be permitted to intervene.
(b)
Petitions for intervention shall be granted if:
(1) The petitioner has a substantial interest in
the proceeding;
(2) The petitioner has exercised due diligence
with respect to requesting intervention;
(3) Granting the petition is in the interest of
justice; and
(4) If granting intervention will not unduly delay
the board’s proceeding.
(c)
Petitions for intervention shall be granted subject to appropriate
conditions or limitations which shall be subject to modification by the presiding
officer any time during the proceeding.
(d)
Once granted leave to intervene, an intervenor shall take the proceeding
as he or she finds it and no portion of the proceeding shall be repeated
because of the fact of intervention.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.05 Right to Counsel. Any party in an adjudicative proceeding may
be represented by counsel, but an attorney appearing on behalf of a party shall
first file a letter announcing the fact of representation at the earliest date
practical. Requests for appointment of
counsel shall not be entertained, and the board shall have no responsibility
for the legal expenses of any licensee, applicant, intervenor
or witness.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.06 Prehearing and Other Informal Conferences.
(a)
At any time following the commencement of an adjudicative proceeding,
the presiding officer, upon motion, or upon his or her own initiative, shall direct the parties to attend one
or more prehearing conference when such a conference would aid in the
disposition of the proceeding.
(b)
The parties at a prehearing conference shall address:
(1) The distribution of exhibits and written testimony,
if any, to the parties;
(2) Opportunities and procedures for simplification
of the issues;
(3) Possible amendments to the pleadings;
(4) Opportunities and procedures for settlement;
(5) Possible admissions of fact and authentication of documents to avoid
unnecessary proof;
(6) Possible limitations on the number of
witnesses, and possible limitations on the scheduling of witnesses;
(7) Possible changes to the standard procedures
which would otherwise govern the proceeding; and
(8)
Other matters which might contribute to the orderly, prompt and fair resolution of the
proceeding.
(c)
The board shall cause prehearing conferences to be recorded unless all
parties wish to discuss possible settlement off the record. Matters decided at
a prehearing conference shall be reflected in an appropriate order.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.07 Discovery and Disclosure.
(a)
The board shall provide for the disclosure of any investigative report or other unprivileged information in the
possession of the board, which is reasonably related to the subject matter of
the proceeding. Neither the board nor any officer or employee thereof, shall be
subject to further discovery.
(b)
Parties shall attempt to agree among themselves concerning the mutual
exchange of relevant information. If these efforts prove unsuccessful, a party
wishing to initiate discovery against another party, shall, by motion, seek
leave to do so and shall identify the exact type of discovery requested.
(c)
Discovery shall be permitted against a party when:
(1) The parties cannot adequately address
specific relevant factual issues at the time fixed for the presentation of
evidence, and addressing these issues at a subsequent time would place the
requesting party at a material disadvantage;
(2) The requested method of discovery is
reasonable, and the requested discovery would not cause material unfairness or
unreasonable expense to any party; and
(3) The requesting
party has acted diligently and the requested discovery
would not unreasonably delay the proceeding.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.08 Subpoenas.
(a)
Subpoenas for the attendance of witnesses or the production of evidence
in investigations or adjudicative proceedings shall be issued upon the order of
the board after approval by the department of justice pursuant to RSA 317-A:18,
V.
(b)
In adjudicative proceedings, a party requesting the board to authorize a
subpoena shall attach a copy of the proposed subpoena to its motion. If the
motion is granted, the requesting party shall be responsible for the service of
the subpoena and payment of any applicable witness fee and mileage expenses.
(c)
The person to whom the subpoena is directed may, within 7 days after
service of the subpoena, or one day before the date specified in the subpoena
for compliance therewith, whichever is later, file a motion to quash or modify
the subpoena. If the board denies the
motion to quash or modify, in whole or in part, the person to whom the subpoena
is directed shall comply with the subpoena, or any modification thereof, within
the balance of time prescribed in the subpoena or within 3 days from the date
of the board's order, whichever is later, unless the board expressly provides
additional time to comply.
(d)
A subpoena shall be served in
any manner authorized by law. The date,
time, and method of service shall be written on the reverse of the original
copy of the subpoena by the person making service who shall then file that copy
with the board.
(e)
Should a person fail to comply with a subpoena issued pursuant to this
section, the board shall take one or more of the following actions:
(1) Impose sanctions specific to any pending
proceeding or investigation, including, but not limited to, entry of a default
judgment as to some or all of the pending issues which is adverse
to the noncompliant party;
(2) Institute a separate investigation against
any noncompliant individual who is subject to the board’s jurisdiction; or
(3) Direct an
interested party to seek or direct judicial enforcement of some or all of the subpoena.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.09 Evidence.
(a)
The evidentiary privileges recognized by the law of
(b)
All data which will reasonably assist the board arrive at the truth
shall be admissible, but data which is irrelevant or immaterial; unduly
repetitious or cumulative; or needlessly insulting or scandalous shall be
excluded.
(c)
The board may direct that some or all of the
evidence be filed prior to hearing in written form. However, unless the parties agree otherwise,
oral testimony shall be required to allow
appropriate cross examination and to avoid material prejudice, and to permit
full and fair disclosure of disputed material facts.
(d)
If the board officially notices a fact, it shall so state, and permit
any party, upon timely request, the opportunity to show the contrary.
(e)
Witnesses appearing before the board shall testify under oath or
affirmation.
(f)
The board shall cause an electronic or stenographic record to be made of
hearings and prehearing conferences.
This record shall be transcribed upon the request of a party who pays
the estimated cost of transcription in advance.
Provided, however, that if the board elects to transcribe some or all of the record for its own use, the transcribed portions
shall be included in the public docket file.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.10 Burden of Proof.
(a)
The party asserting the affirmative of a proposition shall have the
burden of proving the truth of that proposition by a preponderance of the
evidence.
(b)
Without limiting the generality of paragraph (a), above, all moving
parties and all petitioners shall have the burden of persuading the board that
their motion or petition should be granted.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.11 Methods of Proceeding. The method of proceeding under this part shall
be determined as follows:
(a)
In contested cases, and as otherwise required by law, the proceeding
shall consist of a trial-type evidentiary hearing with an opportunity for the
subsequent submission of memoranda.
(b)
Where no facts material to the subject matter of the proceeding are in
dispute, the proceeding shall, to that extent, be limited to the submission of memoranda wherein are argued the
conclusions the parties wish the board to draw from the undisputed facts.
(c)
Oral argument, other than opening and closing statements, shall be permitted
only by leave of the board on consideration of a written motion which sets
forth the purported need for such a procedure.
Written argument in the form of legal briefs or memoranda shall be
permitted subject to filing schedules established by the board.
(d)
The foregoing paragraphs shall not limit the board's authority to
structure individual proceedings in a manner suitable to their particular subject matter and recognized due process
requirements, or to require the submission of additional data at any time.
(e)
An order scheduling supplemental argument or hearing, or otherwise
reopening the record, may be issued by the presiding officer at any time prior
to the issuance of a final order in a proceeding.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.12 Inquiry By
Presiding Officer Or
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.13 Proposed
Findings of Fact and Conclusions of Law. The presiding officer shall direct any party
to submit proposed findings of fact or conclusions of law if the presiding
officer believes proposed findings or conclusions would be helpful to the board
in deciding the case. If such an order is issued, individual rulings upon such
proposed findings or conclusions shall be included as part of any proposed or final decision required to be
issued in the proceeding.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.14 Ex Parte Communications. Once an adjudicative proceeding has been commenced, no
party shall communicate concerning the merits of the case except upon notice to
all parties and in accordance with the rules of this chapter, nor shall any
party cause another person or party to make such communications or otherwise
engage in conduct prohibited by RSA 541-A:36.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 208.15 Adjudicatory Proceedings.
(a)
Adjudication of misconduct allegations shall be conducted in accordance
with this part, as supplemented by
the hearing order and possible prehearing and other appropriate procedural
orders served upon the parties, which shall establish the particular
scheduling and filing requirements applicable to each case.
(b)
A hearing notice shall be subject to substantive amendment by the board
at any time prior to the issuance of a final order. Provided, however, the parties shall receive
at least 15 days notice and an opportunity to be heard on any new or materially
different misconduct allegations to be decided in a particular disciplinary
proceeding.
(c)
Upon the filing of a complaint which complies with the provisions of Den
207.02, the presiding officer shall order the licensee or registrant to respond
in writing to stated misconduct allegations by admitting or denying each
allegation within 20 days of the filing of such allegations with the
board. The failure by the licensee or
registrant to so respond within the specified time period
shall result in the issuance of an order of default, and disciplinary sanctions
shall be imposed against the licensee or registrant.
(d)
The board shall appoint an investigator or prosecutor if the board
concludes that it is necessary for:
(1) A better understanding of the case; or
(2) A more effective presentation of the case; or
(3) The protection of the public welfare.
(e)
Prehearing conferences in disciplinary proceedings shall be public
except to the extent that settlement discussions or other matters entitled to
confidentiality are addressed.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 208.16 Reciprocal Discipline. Upon receipt of information indicating that a
licensee licensed to practice in this state has been disciplined in another
jurisdiction, the board shall commence an adjudicative proceeding to determine
what, if any, discipline shall be imposed.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-B, eff 3-7-15
PART
Den 209 PRESIDING OFFICER
Den 209.01 Designation.
(a)
Adjudicative proceedings commenced by the board shall be conducted by a
presiding officer.
(b)
The presiding officer in any adjudicatory hearing shall be the
president, if available, or the vice president.
(c)
If neither the president or vice president is
available, the board shall appoint another member as presiding officer.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 209.02 Authority of Presiding Officer.
(a)
The presiding officer shall possess all authority with respect to the
procedural aspects of adjudicative proceedings which could be exercised by the
board itself, including, but not limited to, the power to administer oaths and
affirmations, direct the course of the proceeding, and decide scheduling,
discovery, and other procedural issues.
(b)
Except as provided by Den 209.04, the presiding officer shall receive no
testimony or oral argument on the merits of the case unless a majority of the
board members eligible to participate in the proceeding, including the
presiding officer, are present.
(c)
Except in proceedings conducted pursuant to Den 209.04, the presiding
officer shall, consistent with the fair and orderly conduct of the proceeding,
permit board members who are present during any stage of an adjudicative proceeding
to make reasonable inquiries of the parties and witnesses.
(d)
The presiding officer shall not accept final offers of settlement or
impose consent decrees. When a settlement
has been proposed in writing, the presiding officer shall refer it to the board
for decision, but shall not stay the proceeding merely
because the board is deliberating on a settlement proposal.
(e)
The presiding officer shall not decide motions or enter orders which
finally resolve any specific issue or issues designated by the board, and shall not stay the proceeding for more than 60
days. Potentially dispositive motions
may be referred to the board immediately or deferred until the close of the
record, in the discretion of the presiding officer.
(f)
If the presiding officer believes that a default or similar final order
should be entered against a party, the presiding officer shall issue a written
recommendation to the board, with service on the parties, and the board shall
take appropriate action after allowing the parties l0 days to file objections
thereto.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 209.03 Exceptions to Interlocutory Rulings By The Presiding Officer.
(a)
The board shall not entertain interlocutory appeals of procedural or
discovery orders made by the presiding officer. Contemporaneous exceptions to
such rulings shall be unnecessary to preserve the objections of any party
adversely affected.
(b)
The parties may include objections to an adverse ruling of a presiding
officer in any exceptions taken to a proposed decision under Den 209.04. When a
proposed decision is not issued, such objections shall be presented to the
board as a motion or as part of a closing memorandum submitted within 10 days
from the close of the hearing or such further period as the presiding officer
shall allow.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 209.04 Proposed Decisions By
Presiding Officer.
(a)
The board may direct that some or all of the
evidence be filed prior to hearing in written form. However, unless the parties agree otherwise,
oral testimony shall be required to allow appropriate cross examination and to
avoid material prejudice, and to permit full and fair disclosure of disputed
material facts. Only those board members
present throughout the hearing shall rule on the credibility of witnesses.
(b)
The parties may file exceptions and supporting memoranda of law for
review by the board within 30 days from the date the proposed decision was
served. Replies to exceptions and reply memoranda may
be filed within 15 days from the date of the document being replied to.
(c)
If a party wishes to present oral argument to the board it shall file a
separate motion for oral argument within the time allowed for filing exceptions
or replies to exceptions.
(d) When the board has directed a presiding
officer to receive evidence and enter a proposed decision, there shall be no
communications between the presiding officer and the board members concerning
the merits of the case, and the board members shall not participate in the
questioning of witnesses at the hearing, as would otherwise be permitted by Den
208.12.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 209.05 Withdrawal of Presiding Officer.
(a)
Upon his or her own initiative or upon the motion of any party or
intervenor, the presiding officer shall withdraw
from any adjudicative proceeding for good cause.
(b) Among other reasons,
good cause shall exist if the presiding officer:
(1) Has a direct interest in the outcome of the
matter, including but not limited to, a financial or family relationship with
any party or intervenor;
(2) Has made statements or engaged in behavior
which objectively demonstrates that he or she has prejudged the facts of the
case; or
(3) Personally believes
that he or she cannot fairly judge the facts of the case.
(c) Mere knowledge of the
issues or acquaintance with any party, intervenor or witness shall not
constitute good cause for withdrawal.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART Den 210 RECONSIDERATION AND STAY
Den
210.01 Motion for Reconsideration or
Rehearing.
(a) Final adjudicative orders of the board, and
orders denying petitions for declaratory rulings or rulemaking, shall take
effect on the date they are served upon the parties pursuant to Den 206.03 (c).
(b)
Within
30 days after service of a final adjudicative order, any party may file a
motion for reconsideration or rehearing. The board shall make no distinction between
the terms "reconsideration" and
"rehearing."
(c) A motion for reconsideration shall:
(1) Include any memorandum
of law the moving party wishes to submit;
(2) Identify each error of fact, error of
reasoning, or erroneous conclusion contained in the final
order which the moving party wishes reconsidered; and
(3) Concisely state the correct factual finding,
correct reasoning, and correct conclusion urged by the moving party.
(d) The board shall grant or deny the motion, or
any part thereof, on its merits to the extent the motion has revealed errors of
law, fact or policy in the board’s prior decision. The
board shall also treat the motion as one for reopening
and order the receipt of such additional data or additional argument as it
considers necessary to evaluate any newly discovered evidence or to cure any
alleged procedural errors.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 210.02 Reconsideration on the
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 210.03 Stay of
(a)
(b)
A motion for stay shall be considered only if it is filed within the
time period for requesting reconsideration specified by Den 210.01(b),
and shall demonstrate good cause sufficient to warrant the stay of an
action by the
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 210.04 Retention of Adjudicatory Decisions. Board decisions which result from
adjudicatory proceedings shall be retained by the board in perpetuity.
Source. #9408-A,
eff 3-10-09
PART
Den 211 CONSOLIDATION AND SEVERANCE
Den 211.01 Consolidation.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 211.02 Severance. The board shall sever one or more issues from
a proceeding and dispose of those issues in another proceeding when doing so
would materially promote the fairness, accuracy and
efficiency of the proceeding. Severance
shall be ordered in response to a timely motion from a party or on the board’s
own initiative.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
PART Den 212 NONADJUDICATIVE INVESTIGATIONS AND HEARINGS
Den 212.01 Informal Investigations.
(a)
Notwithstanding any other provision of this title, the board, within the
limits of its authority, and acting through its members, officers
and employees, or through independent contractors, shall make inquiry of any
person and otherwise gather data, and prepare reports describing the data
obtained whenever:
(1) It receives data which leads it to believe
that a violation of any statute administered by the board, or of any rule of
the board, has occurred, or is likely to occur; or
(2) It desires to obtain data for any other
lawful purpose.
(b)
Informal investigations shall include all techniques and methods for
gathering information which are appropriate to the circumstances of the case,
including:
(1) Requests for additional information from the complainant;
(2) Requests for release of relevant records
belonging to or under the control of the complainant; and
(3) Face to face meetings with potential witnesses
and interested persons.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
Den 212.02 Formal Investigations.
(a)
When necessary to determine the merits of a matter, the board shall
commence a formal investigation for the purpose of obtaining documents,
recording testimony, and otherwise gathering information relevant to any matter
within its jurisdiction.
(b)
Formal investigations shall be commenced by the issuance of an order of
investigation to the designated investigator and/or prosecutor containing:
(1) The statutory or regulatory authority for the
investigation;
(2) Any statutes or rules believed to have been,
or about to be, violated, or the possible regulatory action being contemplated
by the board;
(3) The identity of the persons, or class of
persons, which are the subject of the investigation;
(4) The general nature of the conduct being investigated;
(5) The identity of the investigating officer or committee;
(6) The date upon
which the investigating officer shall report his or her findings and
recommendations to the board;
(7) Any special authority conferred upon the
investigating officer, including the authority to issue subpoenas on behalf of
the board; and
(8) Other provisions pertinent to the specifics
of individual investigations deemed desirable by the board.
(c)
The issuance of an order of investigation shall not commence a disciplinary
hearing and shall not constitute an allegation of misconduct against a license
holder.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
Den 212.03 Investigators. The board shall appoint a member of its
staff, an attorney, any other qualified person, or a committee of qualified
persons to conduct a formal or informal investigation.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
Den 212.04 Investigations.
(a)
The board shall conduct such investigations as it deems necessary to
examine acts of possible misconduct which come to its attention through
complaints or other means. Informal investigations pursuant to Den 212.01 shall
be conducted at any time and without prior order of the board. The board shall convert an informal
investigation to a formal investigation at any time by following the procedures
in Den 212.02(b).
(b)
The type, form and extent of an investigation shall be determined by a majority of the board based upon, without limitation, the
severity of the alleged misconduct, the availability of witnesses and
information pertaining to the alleged misconduct, and the resources available
to the board.
(c)
When a misconduct investigation occurs, an investigator designated by
the board shall contact such persons and examine such health care records and
other documents as are reasonably necessary to make a recommendation as to
whether further board action should be taken on the allegations in question.
(d)
Investigations, including those based upon allegations in a complaint,
may be conducted on an ex parte basis.
(e)
The investigator shall make a written report of misconduct
investigations which includes a recommendation to the board as to whether there
is a reasonable basis to conduct further disciplinary proceedings.
(f)
Investigatory reports and all information gathered by an investigator
shall be confidential except that:
(1) The investigator's report shall be made
available to the parties in any adjudicative proceeding resulting therefrom;
and
(2) Information gathered in an investigation
shall become subject to public disclosure if it is introduced as evidence in a
disciplinary hearing;
(3) Information gathered in disciplinary
investigations shall be made available to:
a. Law enforcement agencies;
b. Certifying agencies of other jurisdictions;
c. Board investigators or prosecutors;
d. Expert witnesses or assistants retained by
board prosecutors or investigators in the same or related disciplinary matters;
or
e. A licensee, complainant, or other person with
knowledge of the subject matter of a particular misconduct allegation, when
such disclosure would assist the board to investigate that allegation.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
Den 212.05 Informational Hearings.
(a)
The board shall conduct non-adjudicative informational hearings to assist
it in gathering information necessary to the performance of its statutory
duties.
(b)
The board chair, acting chair, or another board member designated by the
chair shall serve as the presiding officer at informational hearings and shall
have authority to conduct all facets of the proceeding.
(c)
Sworn testimony shall not be received at informational hearings unless
an order of investigation has been issued by the board.
(d)
The board shall establish the order and the length of the presentations
made in informational hearings, and, consistent with any applicable statutes,
limit the time allotted to each speaker.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
PART
Den 213 RULEMAKING
Den 213.01 How Adopted. A board rule, or any amendment or repeal
thereof, shall be adopted after notice and opportunity for a legislative-type
informational hearing as provided by RSA 541-A:11. Rules shall be proposed by petition or on the board’s own initiative.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 213.02 Petition for Rulemaking. Any person may request the board to commence
a proceeding for the purpose of adopting, amending, or repealing a rule by filing
a petition which contains:
(a)
A statement of the reason for the petitioner's interest in the subject
matter of the proposed rule;
(b)
The text of the proposed rule or a statement of the particular results
intended by the petitioner to flow from the implementation of the proposed rule;
(c)
If the petitioner proposes to amend or repeal an existing rule, an
identification of the particular rule sought to be
amended or repealed; and
(d)
Any data or argument the petitioner believes would be useful to the
board in deciding whether to commence a rulemaking proceeding.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den
213.03 Disposition of Petition For Rulemaking.
(a)
The board shall request additional information or
argument from the petitioner for rulemaking or from others if
such additional information or argument is required to reach a decision.
(b) The board shall grant the
petition for rulemaking unless the adoption, amendment or repeal sought would
result in:
(1) A rule that is not within the rulemaking
authority of the board;
(2) Duplication of a rule or of a statutory provision;
(3) Inconsistency between the existing rules and
the statutory mandate of the board;
(4) Inconsistency of one administrative rule with
another; or
(5) Negatively impacting the board’s ability to
carry out the mandates of RSA 317-A.
(c) Within 30 days of
receipt of a sufficient petition the board shall dispose of it in the following
manner:
(1) By notifying the petitioner that the petition
is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or
(2) By notifying the petitioner in writing that
the petition is denied and the reasons for its denial.
(d) The denial of a petition for rulemaking shall
not entitle the petitioner to a hearing.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07
Den 213.04 Deficiencies
in Petitions.
(a)
If the board
determines that any petition does not meet the requirements of this section, it
shall immediately notify the petitioner, in writing, of the specific
deficiencies; and
(b) Upon receipt of a corrected petition, the
board shall take action as outlined in Den 213.02.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
PART
Den 214 DECLARATORY RULINGS
Den 214.01 Petitions for Declaratory Rulings.
(a) Petitions for a declaratory ruling on matters
within the jurisdiction of the board shall be filed as a petition which meets
the requirements of Den 207.01 (b) and also contains
the following information:
(1) The exact ruling
being requested;
(2) The statutory and factual basis for the
ruling, including any supporting affidavits or memoranda
of law;
(3) A statement as to
how and why the issuance of a ruling on this subject would benefit the
petitioner, other interested persons, and the public at
large;
(4) The identity, including mailing addresses
when reasonably available, of specific persons whose interests would be
affected by the issuance or nonissuance of the ruling in question.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
Den 214.02 Action on Petitions for Declaratory
Rulings.
(a) If a petition for declaratory ruling
indicates that other persons may be substantially affected by the proposed ruling, the board shall
require service of the petition on such persons and advise them of their right
to file a reply pursuant to Den 207.01(b).
(b)
The petitioner shall provide such further information as the board shall
direct after reviewing the petition.
(c)
The board shall have no obligation to issue a declaratory ruling in
response to a particular petition.
(d)
Petitions shall be denied when:
(1) The requested ruling would inappropriately
impact upon pending administrative, judicial or
legislative proceedings.
(2) Other procedural options are available to the
interested parties or the board.
(3) They interfere with the board’s ability to
meet the requirements of RSA 317-A.
Source. (See Revision Note at chapter heading for Den
200) #8884-A, eff 5-17-07; amd by #9408-A, eff 3-10-09
PART
Den 215 WAIVER OF SUBSTANTIVE RULES
Den 215.01 Petitions for Waiver.
(a)
Unless otherwise prohibited by statute, the board shall entertain a
petition to waive or suspend any rule not covered by Den 203.02 by filing an
original and 2 copies of a petition pursuant to Den 207.01(b) which clearly
identifies the rule in question and sets forth specific facts and arguments
which support the requested waiver.
(b)
Petitions for waivers of substantive rules shall address all of the following:
(1) Whether adherence to the rule would cause the
petitioner unnecessary or undue hardship;
(2) Whether the requested waiver is not necessary
because of any neglect or misfeasance on the part of the petitioner;
(3) Whether waiver of the rule would be
consistent with the statutes and rules administered by the board;
(4) Whether enforcement of the rule would injure
third persons;
(5) Whether waiver of the rule would injure third
persons; and
(6) Whether other good cause exists for waiving
the rule.
(c)
If examination of the petition reveals that other persons would be substantially
affected by the proposed relief, the board shall require service of the
petition on such person and advise them of their right to the petition pursuant
to Den 206.03(b).
(d)
The petitioner shall provide such further information or participate in
such evidentiary or other proceedings as shall be ordered by the board after
reviewing the petition and any replies received.
(e)
A petition for waiver of a rule which does not allege material facts,
which, if true, would be sufficient to support the requested waiver, shall be
denied without prior notice or further hearing.
(f)
The board shall initiate a waiver of a substantive rule upon its own
motion by providing affected parties with notice and an opportunity to be
heard, and issuing an order which finds that waiver would be necessary to
advance the purpose of RSA 317-A.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #9408-B, eff 3-10-09; ss by #10793-A, eff 3-7-15
PART Den 216 EXPLANATION OF ADOPTED RULES
Den 216.01 Requests for Explanation of Adopted Rules. Any interested person may, within 30 days of
the final adoption of a rule, request a written explanation of that rule by
making a written request to the board including:
(a)
The name and address of the person making the request; or
(b)
If the request is that an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
Den 216.02 Contents of Explanation. The board shall, within 90 days of receiving
a request for an explanation of an adopted rule, provide a written response
which:
(a)
Concisely states the meaning of the rule adopted;
(b) Concisely states the principal reasons for and
against the adoption of the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. (See Revision Note at chapter heading for Den
200) #8884-B, eff 5-17-07; ss by #10793-A,
eff 3-7-15
CHAPTER
Den 300 LICENSING REQUIREMENTS
Den 301.01 Application for Dental Hygienist Licensure.
(a)
Each applicant for a license to practice dental hygiene in the state of
New Hampshire shall provide the following on the "Dental Hygienist
Application for Licensure":
(1) Applicant’s name;
(2) Applicant’s date of birth;
(3) Applicant’s place of birth;
(4) Applicant’s social security number, as
required by RSA 161-B:11, VI-a;
(5) Any other name by which the applicant has
been known;
(6) Applicant’s current business and residential
addresses, telephone numbers, and primary email address either business or personal;
(7) Applicant’s educational background, including
the name of the school of dental hygiene attended with date of graduation;
(8) Whether the applicant has taken and passed
the following examinations of the:
a. Joint Commission on National Dental
Examinations; and
b. American Board
of Dental Examiners (ADEX) dental hygiene examination or other similar U.S.
regional or state board including clinical procedure components or manikin examination;
(9) A listing of the following:
a. All places where the applicant has possessed
a license to practice dental hygiene, including the state and license number,
issue date, whether active or inactive, and dates of practice; and
b. Professional employment history including the
names of the employing dentists, the dates, and locations;
(10) Whether the applicant:
a. Has been convicted of a felony, misdemeanor,
or driving under the influence of alcohol or drugs which has not been annulled;
b. Has been convicted of illegally practicing
dental hygiene;
c. Has ever been denied dental hygiene licensure;
d. Currently has or ever has had any
professional license subjected by any professional licensing body in any
jurisdiction or state to any investigation, sanction, or disciplinary action,
including but not limited to revocation, suspension, probation or stayed
probation, limitation or restriction, fine, reprimand,
denied renewal, voluntary or involuntary relinquishment, or required submission
to care, counseling, supervision, or further education; or
e. Has ever been or is currently named as a
party in any malpractice or professional liability claim or lawsuit or has any pending;
(11) Whether the applicant has been advised by a
health practitioner or mental health practitioner that a physical or mental
illness impairs the ability to practice dental hygiene;
(12) Whether the applicant has a physical or
mental illness, or other condition, or addiction to alcohol, narcotics, or
other mind altering drugs which impairs the applicant’s
ability to practice dental hygiene;
(13) A listing of the dental continuing education
courses taken during the last 2 years;
(14) At least 2 signed certifications of good
professional character, at least one of which is by a licensed dentist in good standing
if the applicant has previous dental employment;
(15) Signed certification of graduation or, if not
more than 3 months prior to the date the degree will be conferred, a
certification of completion by the dean or registrar of the school of dental
hygiene granting the applicant a degree; and
(16) Whether the applicant’s basic life support
for healthcare providers (BLS-HCP) is current, and if so, provide proof.
(b)
An unmounted passport-type photograph of the applicant shall be:
(1) Attached to the;
(2) Taken not more than 6 months before the date
on the application;
(3) No smaller than 2 and 1/2
inches square; and
(4) Impressed or stamped by a portion of the seal
of the dental hygiene school from which the applicant graduated.
(c)
The shall be signed by the applicant, notarized,
and filed with the office of professional
licensure and certification. Deceptive
or false statements, knowingly made by the applicant, shall result in denial of
license. By signing the, the applicant
shall waive any confidentiality regarding disclosure to the board from any
other jurisdiction about any pending complaints or action being taken against
the applicant's license to practice dental hygiene and consents to a criminal
background check.
(d)
The shall be accompanied by the following
documents:
(1) A certified check or money order made payable
to the “Treasurer, State of New Hampshire” for the application fee specified in
Den 301.08;
(2) Either of the following:
a. An original or certified copy of the
applicant's birth certificate written in English or translated to English; or
b. A certified copy of the applicant’s valid
passport written in English or translated to English; and
(3) A completed criminal history records check and
fingerprint card, seeking both a New Hampshire and a federal records check, in
accordance with the procedure and payment requirements specified by the NH
department of safety at Saf-C 5700, and if the federal criminal history records
check shows the existence of a criminal record in another state, the applicant
shall obtain a detailed criminal record check directly from that state and
provide it to the board;
(e)
The following documents shall be filed with the board directly by the
issuing agency:
(1) An official copy of the applicant's school of
dental hygiene transcript bearing the registrar's original signature and the
school's seal;
(2) The applicant's original grade card denoting
successful completion of the examination of the Joint Commission on National Dental
Examinations; and
(3) A certified statement from the dental examining
board of each state in which the applicant has been licensed as to whether the
applicant's license to practice in that state, based on the records of the board;
a. Has been subject to disciplinary action;
b. Has disciplinary action pending;
c. Has been under stayed probation; or
d. Is under investigation.
(f) The board shall verify directly with the CDCA
or similar regional or state board that the applicant has taken and passed the
board examination, including a clinical procedure component, within the 3 years
immediately prior to submitting the application, and deposits the required
credentials with the board. Applicants who have successfully passed other
regional boards shall provide verification directly to the board.
(g) Endorsement certification shall be considered
for any person holding a current, unsuspended, unrestricted license to practice
dental hygiene in another state and who has practiced clinical dental hygiene
in one or more states for not less than 3 years immediately prior to submitting
the application, and deposits the required credentials with the board.
(h)
Applicants for endorsement certification shall have taken and passed the
American Board of Dental Examiners (ADEX) dental hygiene examination, or other
similar U.S. regional or state board for dental hygienists
examination, including a clinical procedure component, with a passing score on
each part of the examination.
(i)
The education requirements, specified in RSA 317-A:21 shall apply to all
applicants for licensure under this section.
(j)
Pursuant to RSA 317-A:8, an applicant shall be a graduate of a dental
hygiene school general dentistry program which:
(1) Is of at least 2 years duration;
(2) Is accredited by CODA; and
(3) Awards the minimum degree of Associates in
Science with a major in dental hygiene.
(k)
When the required materials have been approved by the board, the
applicant shall take a test on the contents of RSA 317-A Dental Practice Act,
administrative rules Den 100 through Den 500, the American Dental Association’s
Principles of Ethics and Code of Professional Conduct, and the American Dental
Hygienists’ Association Code of Ethics for Dental Hygienists.
(l)
After passage of the test in (k) above, the board shall issue an active
New Hampshire dental hygiene license upon payment of the full registration fee
adopted in Den 301.08.
(m)
Required materials that are subject to change shall be updated if more
than 4 months old at time of completion of application.
(n)
After 6 months, the board shall discard the applications of applicants
who choose not to complete the application process.
Source. Editorial Addition; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91; ss by #5755, eff 12-14-93; amd by #6186, eff 2-17-96;
ss by #6909, eff 12-9-98; amd by #7557, eff
9-20-01; amd by #7661, eff 3-13-02; amd by #7778, eff
10-10-02; amd by #7929, eff 8-6-03; amd by #7970, eff
10-10-03; amd by #8260, eff 1-19-05; amd by #8584, eff
3-16-06; amd by #8694, eff 7-27-06; ss by #8838, eff 3-9-07; amd by #8963, eff
8-16-07; amd by #9256, eff 9-10-08; amd by #9408-B, eff 3-10-09; amd by #10068,
eff 1-10-12; amd by #10328-B, eff 5-7-13; ss by #10689, eff 10-7-14; ss by
#10824, eff 5-6-15; ss by #10991, eff 12-9-15; ss by #12428, eff 12-6-17; ss by
#13367, eff 4-19-22
Den 301.02 Application for Dental Licensure.
(a)
Each applicant for a license to practice dentistry in the state of New
Hampshire shall provide the following on the “Dentist Application for
Licensure”:
(1) Applicant’s name;
(2) Applicant’s date of birth;
(3) Applicant’s place of birth;
(4) Applicant’s social security number, pursuant
to RSA 161-B:11, VI-a;
(5) Any other name by which the applicant has
been known;
(6) Applicant’s current residential address,
telephone number, and primary email address either business or personal;
(7) Applicant’s educational background, including:
a. The names of the colleges attended;
b. The date of graduation and degree, if any;
c. The names of the dental schools attended;
d. The dates of attendance and graduations;
e. The types of post graduate dental programs
completed; and
f. The certificates or degrees, if any, including
specialty training certificate;
(8) Whether the applicant has taken and passed
the examinations of the:
a. Joint Commission on National Dental
Examinations; and
b. American Board of Dental
Examiners (ADEX) examination, or other similar U.S. regional or state board
clinical examination for dentists, including a clinical periodontal scaling
component or the manikin examination;
(9) A listing of the following:
a. All places where the applicant has possessed
a license to practice dentistry, including the state and license number, issue
date, whether active or inactive, and dates of practice; and
b. Professional employment history including the
dates, locations, and status;
(10) Whether the applicant:
a. Has been convicted of a felony, misdemeanor,
or driving under the influence of alcohol or drugs which has not been annulled;
b. Has been convicted of the illegal practice of
dentistry;
c. Has ever been denied dental licensure;
d. Currently has or ever has had any
professional license subjected by any professional licensing body in any
jurisdiction or state to any investigation, sanction, or disciplinary action,
including but not limited to revocation, suspension, probation or stayed
probation, limitation or restriction, fine,
reprimand, denied renewal, voluntary or involuntary relinquishment, or required
submission to care, counseling, supervision, or further education;
e. Possessed a dental license that has been
revoked, suspended, placed under probation or stayed probation, restricted, not
renewed, involuntarily relinquished, or otherwise sanctioned, or is currently
under review in any jurisdiction or state;
f. Has had any physical or mental illness that
impairs the ability to practice dentistry;
g. Has been advised by a health practitioner or
mental health practitioner that a physical or mental illness impairs the
ability to practice dentistry;
h. Has investigations or disciplinary actions
pending against the applicant’s dental license;
i. Has ever been or is currently named as a
party in any malpractice or professional liability claim or lawsuit or has any pending;
j. Has had
hospital privileges revoked, suspended, restricted, denied, not renewed, or
involuntarily relinquished; or
k. Has ever had a DEA license revoked, suspended,
denied, placed on probation, restricted or otherwise sanctioned by a state or
federal licensing regulatory board or agency, or which is currently involved in
an investigation or disciplinary process;
(11) Whether the applicant has an addiction to
alcohol, narcotics, or other mind altering drugs which
impairs the applicant’s ability to practice dentistry;
(12) A listing of the dental continuing education
courses taken during the last 2 years;
(13) At least 3 signed certifications of good
professional character, with at least 2 by licensed dentists in good standing,
if the applicant has previous dental employment;
(14) Signed certification of graduation or, if not
more than 3 months prior to the date the degree will be conferred, a
certification of completion by the dean or registrar of the dental college
granting the applicant a degree; and
(15) Whether the applicant’s CPR certification is
current, and if so, provide proof.
(16) Whether the applicant has a DEA number to
prescribe schedule II-IV controlled substances and if yes:
a. Provide the DEA number; and
b. Indicate whether or not
the DEA number will be associated with the applicant’s dental license.
(b)
An unmounted passport-type photograph of the applicant shall be:
(1) Attached to the;
(2) Taken not more than 6 months before the date
on the application;
(3) No smaller than 2 and 1/2
inches square; and
(4) Impressed or stamped by a portion of the seal
of the dental school from which the applicant graduated.
(c)
The shall be signed by the applicant, notarized,
and filed with the office of
professional licensure and certification. Deceptive or false statements,
knowingly made by the applicant shall result in denial of license. By signing
the, the applicant shall waive any confidentiality regarding disclosure to the
board from any other jurisdiction about any pending complaints or action being
taken against his or her license to practice dentistry and consents to a
criminal background check.
(d)
The shall be accompanied by the following
documents:
(1) A certified check or money order made payable
to the “Treasurer, State of New Hampshire” for the application fee specified in
Den 301.08;
(2) Either of the following:
a. An original or certified copy of the
applicant's birth certificate written in English or translated to English; or
b. A certified copy of the applicant’s valid
passport written in English or translated to English; and
(3) A completed criminal history records check and
fingerprint card, seeking both a New Hampshire and a federal records check, in
accordance with the procedure and payment requirements specified by the NH
department of safety at Saf-C 5700, and if the federal criminal history records
check shows the existence of a criminal record in another state, the applicant
shall obtain a detailed criminal record check directly from that state and
provide it to the board.
(e)
The following documents shall be filed with the board directly by the
issuing agency:
(1) An official copy of the applicant's dental
school transcript and, if applicable, a copy of a specialty training
certificate bearing the registrar's original signature and the school's seal or
a letter on school letterhead sent directly to the board’s office. An unofficial transcript and a diploma stamped
with the dental school seal may be provided until the official transcript is ready;
(2) The applicant's original grade card denoting
successful completion of the examination of the Joint Commission on National
Dental Examinations; and
(3) A certified statement from the dental
examining board of each state in which the applicant has been licensed as to
whether the applicant's license to practice in that state based on the records
of the board, as follows:
a. Has been subject to disciplinary action;
b. Has disciplinary action pending;
c. Has been under stayed probation; or
d. Is under investigation.
(f)
The board shall verify directly with the CDCA or other similar U.S.
regional or state board that the applicant has taken and passed the board
clinical examination for dentists, including a clinical periodontal scaling
component, within the 3 years immediately prior to submitting the application.
(g) Endorsement
certification shall be considered for each applicant who holds a current,
unsuspended, unrestricted license to practice dentistry who deposits with the
board the required credentials if:
(1) The applicant has taken and passed the American
Board of Dental Examiners (ADEX) examination, or other similar U.S. regional or
state board clinical examination for dentists, including a periodontal scaling
exam; and
(2) Throughout the 3 years immediately prior to
submitting the application, the applicant:
a. Has practiced clinical dentistry in one or
more states;
b. Has been in dental specialty training;
c. Has been in active military dental service;
or
d. Has been in any combination thereof.
(h)
The education requirements specified in RSA 317-A:8 shall apply to all
applicants for licensure under this section.
(i)
Pursuant to RSA 317-A:8, an applicant shall be a graduate of a dental
school general dentistry program which:
(1) Is of at least 2 years duration;
(2) Is accredited by the Commission on Dental
Accreditation (CODA); and
(3) Awards the degree of Doctor of Dental Medicine
(DMD) or Doctor of Dental Surgery (DDS).
(j)
When the required materials have been approved by the board, the
applicant shall take a test on the contents of RSA 317-A Dental Practice Act,
administrative rules Den 100 through Den 500, the American Dental Association’s
Principles of Ethics and Code of Professional Conduct, and the American Dental
Hygienists’ Association Code of Ethics for Dental Hygienists.
(k)
After passage of the test in (j) above, the board shall issue an active
New Hampshire dental license upon payment of the full registration fee adopted
in Den 301.08.
(l)
Required materials that are subject to change shall be updated if more
than 4 months old at the time of completion of application.
(m)
After 6 months, the board shall discard the applications of applicants
who choose not to complete the application process.
(n)
If an applicant possesses a DEA number to prescribe schedules II-IV
controlled substances pursuant to RSA 318-B:41, I(a), the applicant for
licensure shall register with the New Hampshire Controlled Drug Prescription
Health and Safety Program (PDMP), pursuant to RSA 126-A:91. If the applicant
possesses a DEA number, the applicant shall provide it to the board. Failure to
register within 90 days of the initial issuance of a license shall constitute
professional misconduct within the meaning of RSA 317-A:17, II and shall be
grounds for disciplinary action. A licensee shall not engage in the prescribing
or dispensing of controlled substances in schedules II-IV without having
registered with the New Hampshire PDMP.
Source. #287.2, eff 1-17-74; ss by #2981, eff
2-28-85; amd by #4257, eff 4-15-87; ss by #5110, eff 4-4-91; rpld by #5755, eff
12-14-93
New. #5755, eff 12-14-93 (from Den 301.04); amd by
#6186, eff 2-17-96; amd by #6541, eff 7-18-97; ss by #6909, eff
12-9-98; amd by #7270, eff 5-12-00; amd by #7557, eff
9-20-01; amd by #7661, eff 3-13-02; amd by #7778, eff
10-10-02; amd by #7929, eff 8-6-03; amd by #7970, eff
10-10-03; amd by #8260, eff 1-19-05; amd by #8584, eff
3-16-06; amd by #8694, eff 7-27-06; ss by #8838, eff 3-9-07; amd by #8963, eff
8-16-07; amd by #9256, eff 9-10-08; amd by #9408-B, eff 3-10-09; amd by #10068,
eff 1-10-12; amd by #10328-B, eff 5-7-13; ss by #10689, eff 10-7-14; ss by
#10824, eff 5-6-15; ss by #10991, eff 12-9-15; ss by #12428, eff 12-6-17; ss by
#13367, eff 4-19-22
Den 301.03 Application for Dental Hygienist License
Registration and Renewal.
(a)
Each applicant for registration and renewal of a license to practice
dental hygiene in the state of New Hampshire shall provide the following on the
hygienist “Application for Registration and License Renewal” form, effective
April 2017 and available on the board’s website:
(1) Applicant’s mailing address if changed;
(2) Applicant’s name;
(3) Applicant’s dental hygienist license number;
(4) Whether applicant’s hygienist license is
active or inactive;
(5) The original date of dental hygienist licensure;
(6) Whether the applicant has practiced in the
current biennium;
(7) A listing of other states where the applicant
holds a dental hygienist license, if any;
(8) Applicant’s primary residence and telephone number;
(9) Name of practice, address and telephone
number of each practice employing the applicant, and primary email address
either business or personal;
(10) Whether the applicant:
a. Has ever been convicted of any felony, misdemeanor,
or driving under the influence of alcohol or drugs which has not been annulled;
b. Has ever been convicted of the illegal
practice of dental hygiene;
c. Has ever been denied dental hygienist licensure;
d. Currently has or ever has had
any professional license subjected by any professional licensing body in any
jurisdiction or state to any investigation, sanction, or disciplinary action,
including but not limited to revocation, suspension, probation or stayed
probation, limitation or restriction, fine, reprimand, denied renewal,
voluntary or involuntary relinquishment, or required submission to care,
counseling, supervision, or further education;
e. Has ever been or is currently named as a
party in any malpractice or professional liability claim or lawsuit or has any
pending; or
f. Has any physical, mental or other condition
or addiction to alcohol, narcotics or other mind altering
drugs that may impair an ability to practice dental hygiene;
(11) Whether the applicant practices under public
health supervision, pursuant to Den 302.02, and the name of the program;
(12) Whether the applicant administers local anesthesia
for dental patients in New Hampshire, and if yes, whether the applicant
received a certificate of local anesthesia qualification;
(13) Whether the applicant has completed 20 hours
of continuing education within 2 years immediately preceding the application;
(14) Whether the applicant, if he or she is an
Expanded Function Dental Auxiliary (EFDA) pursuant to Den 302.07(b)(6), has
completed 10 CEU’s in this biennium in restorative dentistry; and
(15) Whether the applicant’s BLS-HCP training is current.
(b) The form shall be completed and attested to
by the applicant and filed with the board. Deceptive or false statements,
knowingly made by the applicant shall result in denial of license. By signing the form, the applicant shall
waive any confidentiality regarding disclosure to the board from any other
jurisdiction about any pending complaints or action being taken against the
applicant's license to practice dental hygiene and consents to a criminal
background check.
(c)
If the answer to (a) (13) is ‘no’, then a 30-day extension period for
late registration shall be available to complete the requirement.
(d)
Pursuant to Den 301.08, there shall be a fee for late biennial
registration. The form used shall be the
same as the regular renewal form.
(e)
Applicants for renewal may complete their renewal applications online at
https://nhlicenses.nh.gov.
(f) Pursuant to RSA 126-A:5, XVIII-a.(a) and RSA
317-A:12-a, hygienists shall complete, as part of their renewal application,
the New Hampshire division of public health service’s health professions survey
issued by the state office of rural health and primary care, department of health
and human services, pursuant to He-C 801.
(g) The board shall provide hygienists with the
opportunity to opt out of the survey.
Written notice of the opt-out opportunity shall
be provided with the renewal application. The opt out form shall be available
on the NH state office of rural health and primary care website at https://www.dhhs.nh.gov/dphs/bchs/rhpc/data-center.htm.
(h) Hygienists choosing
to opt-out of the survey shall complete and submit the “New Hampshire Health
Professions Survey Opt-Out Form,” revised
June 2020, to the state office of rural health and primary care, department of health
and human services, via one of the following:
(1) Mail;
(2) Email; or
(3) Fax.
(i) Information contained in the opt-out forms
shall be kept confidential in the same accord with the survey form results,
pursuant to RSA 126-A:5 XVIII-a(c).
Source. #10068, eff 1-10-12; ss by #10689, eff
10-7-14; ss by #10824, eff 5-6-15; ss by #10991, eff 12-9-15; ss by #12428, eff
12-6-17; amd by #13116, eff 10-9-20
Den 301.04 Application for Dentist License
Registration and Renewal.
(a)
Each applicant for registration and renewal of a license to practice
dentistry in the state of New Hampshire shall provide the following on the
dentist “Application for Registration and License Renewal” form, effective
April 2017 and available on the board’s website:
(1) Applicant’s mailing address if changed;
(2) Applicant’s name;
(3) Applicant’s license number;
(4) Whether the applicant’s license is active or inactive;
(5) Applicant’s original date of New Hampshire license;
(6) Whether the applicant has practiced in the current
biennium;
(7) Whether the applicant practices as a specialist;
(8) A listing of other states where the applicant
holds a dental license, if any;
(9) A listing of hospitals where the applicant
holds staff privileges, if any;
(10) Applicant’s primary residence and telephone number;
(11) Applicant’s
practice addresses, telephone numbers, and primary email address either business
or personal;
(12) Whether the applicant:
a. Has been
convicted of any felony, misdemeanor, or driving under the influence of alcohol
or drugs which has not been annulled;
b. Has ever been convicted of the illegal
practice of dentistry;
c. Has ever been denied dental licensure;
d. Currently has or ever has had
any professional license subjected by any professional licensing body in any
jurisdiction or state to any investigation, sanction, or disciplinary action,
including but not limited to revocation, suspension, probation or stayed
probation, limitation or restriction, fine, reprimand, denied renewal, voluntary
or involuntary relinquishment, or required submission to care, counseling, supervision,
or further education;
e. Possessed a dental license that has been
revoked, suspended, placed under probation or stayed probation, restricted, not
renewed, voluntarily or involuntarily relinquished, or otherwise sanctioned, or
has disciplinary actions pending in any jurisdiction or state;
f. Has ever been or is currently named as a
party in any malpractice or professional liability claim or lawsuit or has any pending;
g. Has had
hospital privileges revoked, suspended, restricted, denied, not renewed or involuntarily relinquished; and
h. Has ever had a DEA license revoked,
suspended, denied, placed on probation, restricted or otherwise sanctioned by a
state or federal licensing/regulatory board or agency, or which is currently
involved in an investigation or disciplinary process;
(13) Whether the applicant has a physical or
mental illness or other condition, or addiction to alcohol, narcotics or other mind altering drugs which impairs the applicant’s ability to
practice dentistry;
(14) Whether the applicant uses general
anesthesia, deep sedation or moderate sedation on an outpatient basis for
dental patients in New Hampshire;
(15) Whether the applicant, if he or she holds a
moderate sedation permit, has documented 12 cases in the biennium or 4 hours of
continuing education in sedation training;
(16) Excluding an in-office ancillary services,
whether the applicant has an ownership in any entity which provides diagnostic
or therapeutic services, and if so, attach a list;
(17) Whether the applicant has completed 40 hours
of continuing education, at least 30 of which are clinical in nature, within
the 2 years immediately preceding the application;
(18) Whether the applicant’s BLS-HCP is current;
and
(19) Whether the applicant has registered with the
New Hampshire Controlled Drug Prescription Health and Safety Program (PDMP), as
required in RSA 318-B:33, II and Ph 1503.01 (a), if the applicant possesses a
DEA number to prescribe schedules II-IV controlled substances. If the applicant
possesses a DEA number, the applicant shall provide the number to the board.
(b) Failure to register shall constitute
professional misconduct within the meaning of RSA 317-A:17, II and shall be
grounds for disciplinary action. A licensee shall not engage in the prescribing
or dispensing of controlled substances in schedules II-IV without having
registered with the New Hampshire PDMP.
(c) The form shall be completed and attested to
by the applicant and filed with the board. Deceptive or false statements,
knowingly made by the applicant shall result in denial of license. By signing
the form, the applicant shall waive any confidentiality regarding disclosure to
the board from any other jurisdiction about any pending complaints or action
being taken against the applicant's license to practice dentistry and consents
to a criminal background check.
(d)
If the answer to (a) (17) is ‘no’, then a 30-day extension period for
late registration shall be available to complete the requirement.
(e)
Pursuant to Den 301.08, there shall be a fee for late biennial registration. The form used shall be the same as the
regular renewal form.
(f) Applicants for renewal may complete their renewal
applications online at
https://nhlicenses.nh.gov.
(g) Pursuant to RSA 126-A:5, XVIII-a.(a) and RSA 317-A:12-a,
dentists shall complete, as part of their renewal
application, the New Hampshire division of public health service’s health
professions survey issued by the state office of rural health and primary care,
department of health and human services, pursuant to He-C 801.
(h) The board shall provide dentists with the
opportunity to opt out of the survey.
Written notice of the opt-out opportunity shall be provided with the
renewal application. The opt out form shall be available on the NH state office
of rural health and primary care website at https://www.dhhs.nh.gov/dphs/bchs/rhpc/data-center.htm.
(i) Dentists choosing to opt-out of the survey
shall complete and submit the “New Hampshire Health Professions Survey Opt-Out Form,” revised
June 2020, to the state office of rural health and primary care, department of health
and human services, via one of the following:
(1) Mail;
(2) Email; or
(3) Fax.
(j) Information contained in the opt-out forms
shall be kept confidential in the same accord with the survey form results,
pursuant to RSA 126-A:5 XVIII-a(c).
Source. #10068, eff 1-10-12; ss by #10689, eff
10-7-14; ss by #10824, eff 5-6-15; ss by #10991, eff 12-9-15; ss by #12428, eff
12-6-17; amd by #13116, eff 20-9-20
Den 301.05 Application
for Temporary Licensure.
(a)
A temporary dental or dental hygiene license shall be granted on an
individual request basis for a professional education program
using dental clinical procedures.
(b)
A temporary license shall be granted on an individual request basis for research
projects having a clinical dental component.
(c)
Applicants
shall meet the minimum requirements for licensure by examination or licensure
by endorsement certification process in
(d) If the applicant does not
meet the minimum requirements, the board shall require the applicant to obtain
a license through the process utilizing the CDCA or other regional board
clinical performance test or the endorsement certification application process.
(e)
A temporary license shall be valid for one
year or the length of an educational program or research project, whichever
occurs first.
Source. Editorial Addition; ss by #2981, eff 2-28-85;
ss by #5110, eff 4-4-91; rpld by #5755, eff 12-14-93
New. #5755, eff 12-14-93 (from Den 301.06); amd by
#6186, eff 2-17-96; ss by #6909, eff 12-9-98; amd by #8260, eff
1-19-05; ss by #8838, eff 3-9-07; amd by #8963, eff 8-16-07; renumbered by
#10068; ss by #10689, eff 10-7-14; ss by #10794, eff 3-7-15; ss by #10824, eff
5-6-15; ss by #10991, eff 12-9-15
Den 301.06
License Activation.
Pursuant to RSA 317-A:16, any dentist or dental hygienist holding an
inactive license shall be restored to active status by the board upon:
(a)
Filing a written request with the board;
(b)
Furnishing evidence of continuing professional character and competence
as follows:
(1) Having a letter of good standing sent
directly to the New Hampshire dental board from any dental board where the
applicant has practiced; and
(2) If the applicant has not been practicing for:
a. Three years or less, submitting evidence of
current continuing education equivalent to 20 hours per year for dentists and
10 hours per year for dental hygienists;
b. More than 3 years but less than 5 years,
submitting evidence of current continuing education and completion of a
refresher course approved by the board; and
c. Five years or more, the applicant shall pass
the entire American Board of Dental Examiners (ADEX) examination, including a periodontal scaling exam, within 6 months
prior to license activation; and
(c)
Payment of the full registration fee adopted in Den 301.08.
(d) A completed criminal history records check and fingerprint card, seeking
both a New Hampshire and a federal records check, in accordance with the
procedure and payment requirements specified by the NH department of safety at
Saf-C 5700, and if the federal criminal history records check shows the
existence of a criminal record in another state, the applicant shall obtain a
detailed criminal record check directly from that state and provide it to the
board.
Source. #6909, eff 12-9-98; ss by #6975, eff 4-10-99;
ss by #7270, eff 5-12-00; ss by #7929, eff 8-6-03; ss by #8260, eff 1-19-05; ss
by #8838, eff 3-9-07; amd and renumbered by #10068, eff 1-10-12 (from Den
301.04); ss by #10689, eff
10-7-14; ss by #13367, eff 4-19-22
Den 301.07 Application for Temporary Licensure to
Provide Voluntary Services.
(a)
A license shall be granted on an individual request basis for the
provision of voluntary dental or dental hygiene services.
(b) Pursuant to RSA 317-A:8 II, the
applicant shall complete and submit an “Application for Registration and
License Renewal – Volunteer” form, effective November 2017.
(c)
Licensure to provide volunteer services shall be issued:
(1) Only for the provision of voluntary services
without pay or compensation for work or service performed; and
(2) For specific programs and locations.
(d)
A license to provide volunteer services shall be valid for not more than
one year, and shall expire on May 1.
(e)
Applicants for subsequent licenses to provide volunteer services shall comply
with (b) above to the extent the information originally provided is no longer
complete or accurate.
(f)
There shall be no fees relative to licensure to provide voluntary
services.
(g)
There shall be no continuing education requirements, except that
applicants shall maintain BLS-HCP certification and shall have taken 2 CEU’s in
infection control each biennium.
(h) Retired dentists and retired dental
hygienists seeking a license to provide voluntary services shall have had all
their dental licenses or dental hygiene licenses in good standing at the time
they retired.
Source. #7661, eff 3-13-02;
ss by #8260, eff 1-19-05; ss by #8838, eff 3-9-07; amd by #9973, eff 8-9-11; renumbered
by #10068 (from Den 301.05); EXPIRED 3-9-15 (paras. (a)-(c) & (e)-(h)); ss
by #11053, eff 3-10-16; ss by #12428, eff 12-6-17
Den 301.08 Board Fees. The board of dental examiners shall establish
the following fees cited in Table 3.1.1 below:
Table 3.1.1 Fees
|
Type of Fee |
Fee |
|
|
|
|
Dentist |
|
|
Application and
examination fee for dental license |
$200.00 |
|
Active dental
registration fee |
$365.00 |
|
Inactive dental
registration fee |
$145.00 |
|
Reinstatement
fee for lapsed active dental license |
$225.00 |
|
Reinstatement
fee for lapsed inactive dental license |
$ 35.00 |
|
Application to
administer general anesthesia and sedation, per dentist and
per location |
$ 35.00 |
|
|
|
|
Dental Hygienist |
|
|
Application and
examination fee for dental hygienist license |
$100.00 |
|
Active dental
hygienist registration fee |
$165.00 |
|
Inactive dental
hygienist registration fee |
$ 65.00 |
|
Reinstatement
fee for lapsed active dental hygienist license |
$100.00 |
|
Reinstatement
fee for lapsed inactive dental hygienist license |
$ 35.00 |
|
Application for
dental hygienist to administer local anesthesia |
$ 25.00 |
|
Application for
dental hygienist to administer nitrous oxide |
$ 25.00 |
|
|
|
|
Certified Public
Health Dental Hygienist (CPHDH) |
|
|
Application for
CPHDH certificate |
$ 25.00 |
|
Biennial
certificate renewal fee for CPHDH |
$ 25.00 |
|
Reinstatement
fee for lapsed CPHDH certification |
$ 25.00 |
|
|
|
|
Expanded
Function Dental Auxiliary (EFDA) |
|
|
Application and certificate
for EFDA |
$ 25.00 |
Source.
#7970, eff 10-10-03; ss and moved by #8260, eff
1-19-05 (from Den 301.04); amd by #8584, eff 3-16-06; ss by #8838, eff 3-9-07;
ss by #9069, eff 1-11-08; ss by
#9408-B, eff 3-10-09; ss by #9633, eff 1-7-10; ss by #9973, eff 8-9-11; ss and renumbered
by #10068, eff 1-10-12 (from Den 301.06); ss by #10437, eff 10-8-13; ss by
#10689, eff
10-7-14; ss by #10991, eff 12-9-15; ss by #12428, eff 12-6-17; ss by #13367,
eff 4-19-22
Den 301.09 Change in Name or Address.
(a)
All persons licensed to practice dentistry or dental hygiene in this
state shall notify the board in writing within 30 days of a name change and provide
the board a copy of the documentation that legally changed the name, if any.
(b)
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, residential, or email address.
(c)
All persons licensed to practice dentistry or dental hygiene in this
state who fail to notify the board in writing within 30 days of any change of
business, residential, or email address shall be issued a letter of concern.
Source. #8260, eff 1-19-05 (from Saf-C 301.05); ss by
#8838, eff 3-9-07; renumbered by #10068 (from Den 301.07); ss by #10794, eff
3-7-15; ss by #12428, eff 12-6-17
Den 301.10 Military Service Active License. Active dental or dental hygiene licensure
shall be granted to persons holding an inactive
Source. #8260, eff 1-19-05 (from Saf-C 301.06); ss by
#8838, eff 3-9-07; renumbered by #10068 (from Den 301.08); ss by #10794, eff 3-7-15
Den 301.11 Use of Social Security Number.
(a)
Applicants for licensure as a dental hygienist or a dentist shall
provide their social security numbers as required by Den 301.01(a)(4) and
Den 301.02(a)(4).
(b)
Pursuant to RSA 161-B:11, VI-a and 42 U.S.C.A. 666(a)(13), the board
shall provide a licensee’s social security number to the department of health
and human services in conjunction with proceedings or actions to establish
paternity or to establish or enforce child support.
(c)
Pursuant to 45 CFR 60.8 and 45 CFR 61.7, the board shall provide a
licensee’s or applicant’s social security number to their respective
educational institutions, law enforcement and professional licensure agencies,
the licensure testing examiners utilized by the board to assess applicant
professional competence, the American Association of Dental Boards, the
National Practitioner Data Bank, or their equivalents, in order to ensure
accurate identification of the applicant’s or licensee’s identity for the
protection of the public welfare.
(d)
Licensees’ social security numbers shall not be provided to any other
third party, or be used for any other purpose. Pursuant to RSA 161-B:11,
VI-a, social security numbers shall be confidential and not subject to RSA
91-A, the right-to-know law.
Source. #8584, eff 3-16-06; ss by #8838, eff 3-9-07;
renumbered by #10068 (from Den 301.09); ss by #10689, eff 10-7-14
Den 301.12 Reinstatement of Lapsed Licenses.
(a)
When a license has lapsed as a result of
failure of the applicant to submit a completed renewal application, the
applicant shall, no later than November 1 of the year the license lapsed, print
or type on the reinstatement the following:
(1) For dental hygienist reinstatement, the
ination required for initial dental hygienist licensure, pursuant to Den 301.01
(a)(1) - (7), (9) - (12), and (16), Den 301.01 (b), (c), (d), and documentation
showing that the applicant has completed 20 CEUs for the biennium; and
(2) For dentist reinstatement, the ination required
by initial dentist licensure, pursuant to Den 301.02 (a)(1) - (7), (9) - (11),
(15), Den 301.02 (b), (c), (d), and documentation showing that the applicant
has completed 40 CEUs for the biennium.
(b) The applicant shall submit a registration fee
and reinstatement fee with the reinstatement application, as set forth in Den
301.08.
(c) If reinstating to active status, the
applicant shall retake the NH dental jurisprudence examination.
(d)
A completed criminal
history records check and fingerprint card, seeking both a New Hampshire and a
federal records check, in accordance with the procedure and payment requirements
specified by the NH department of safety at Saf-C 5700, and if the federal
criminal history records check shows the existence of a criminal record in
another state, the applicant shall obtain a detailed criminal record check
directly from that state and provide it to the board.
Source. #9408-B, eff 3-10-09; amd by #9973, eff
8-9-11; renumbered by #10068 (from Den 301.10); ss by #10991, eff 12-9-15; ss by
#10689, eff 10-7-14; ss by #12428, eff 12-6-17; ss by #13367, eff 4-19-22
Den 301.13 Restricted License.
(a)
A restricted license shall limit a dentist or dental hygienist to
performing those procedures specified by the board.
(b)
Restricted licenses shall be issued:
(1) To dentists and dental hygienists who are
limited to performing some, but not all, procedures to acceptable professional
standards thereby protecting the public; and
(2) To dentists and dental hygienists who are in need of remedial training in specific areas to reach
professional standards that protect the public welfare.
Source. #9408-B, eff 3-10-09; renumbered by #10068
(from Den 301.11); ss by #10991, eff 12-9-15
PART
Den 302 QUALIFICATIONS AND SUPERVISION
Den 302.01 Purpose. The purpose of this section is to establish
the qualification requirements for dentists, dental hygienists
and dental assistants pursuant to RSA 317-A:12, XII-b.
Source. #287.2, eff 1-17-74; ss by #2981, eff
2-28-85; ss by #5110, eff 4-4-91; ss by #6186, eff 2-17-96; ss by #6909, eff
12-9-98, EXPIRED: 12-9-06
New. #8838, eff 3-9-07; ss by #10794, eff 3-7-15
Den 302.02 Supervision.
(a) “Direct supervision” means a
dentist with an active license is in the dental office, authorizes the
procedure, and remains in the dental office while the procedures are being
performed, and evaluates the performance of the dental hygienist or dental
assistant before dismissal of the patient.
(b)
“Indirect supervision” means a
dentist with an active license is in the dental office, authorizes the
procedures, and remains in the dental office while the procedures are being performed
by the dental hygienist or dental assistant, and evaluates the performance of
the dental hygienist or dental assistant at a subsequent appointment.
(c)
“General supervision” means a
dentist with an active license has authorized the procedures, and the
procedures are being carried out in accordance with the dentist’s diagnosis and
treatment plan, and the procedures will be personally evaluated and reviewed by
the dentist with the patient at least once in a 12 month
period.
(d)
“Public health supervision” means a dentist with an active license authorizes
procedures which are to be carried out by:
(1) A dental hygienist with an active license
practicing 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; or
(2) A dental assistant in a school, hospital or other institution, or for a homebound person who
shall be supervised by a CPHDH as set forth in Den 401.01 (d).
(e)
For purposes of (c) above, at the time the procedures performed under
general supervision are evaluated, dentists shall use their professional
judgment to determine whether a more extensive oral examination is appropriate.
Source. #287.2, eff 1-17-74; ss by #2981, eff
2-28-85; ss by #5110, eff 4-4-91; ss by #6186, eff 2-17-96; ss by #6909, eff
12-9-98; amd by #7929, eff 8-6-03; amd by #8260, eff
1-19-05; amd by #8584, eff 3-16-06; amd by #8694, eff
7-27-06; ss by #8838, eff 3-9-07; amd by #10068, eff 1-10-12; amd by #10328-B,
eff 5-7-13; EXPIRED: 3-9-15 (paras. (a)-(c) & (e)); ss by #10991, eff 12-9-15
Den 302.03 Dental Hygienist Qualifications. In addition to the qualifications included in
RSA 317-A:21, an applicant for examination and registration as a dental
hygienist in the state of New Hampshire shall have taken and passed the
American Board of Dental Examiners (ADEX) dental hygiene examination, or other
similar U.S. regional or state board examination for dental hygienists,
including clinical procedure components.
The applicant shall complete the examination within the 3 year period prior to the completion of the licensing
process in New Hampshire, unless the applicant seeks licensure by endorsement
certification as provided in Den 301.01 (h) pursuant to RSA 317-A:12 III, in
which circumstance the 3 year period shall not apply.
Source. #287.2, eff 1-17-74; ss by #2981, eff
2-28-85; ss by #4298, eff 7-28-87; ss by #5110, eff 4-4-91; amd by #5699, eff
9-14-93; amd by #6186, eff 2-17-96; ss by #6909, eff
12-9-98; ss by #7270, eff 5-12-00; ss by #8838, eff 3-9-07; ss by #9408-B, eff
3-10-09; ss by #10437, eff 10-8-13); ss by #10991, eff 12-9-15
Den 302.04 Dentist Qualifications.
(a)
In addition to the qualifications included in RSA 317-A:8, an applicant
for dental licensure by examination in the state of New Hampshire shall have
taken and passed the American Board of Dental Examiners (ADEX) examination, or
other similar U.S. regional or state board clinical examination for dentist,
including a clinical periodontal/scaling component. The examination shall be completed within the 3 year period prior to the completion of the licensing
process in New Hampshire, unless the applicant seeks licensure by endorsement
certification as provided in Den 301.02 (h), pursuant to RSA 317-A:12 III, in
which circumstance the 3 year period shall not apply.
(b) Dentists announcing specialization and
limitation of practice shall adhere to section 5-H of the American Dental
Association Principles of Ethics and Code of Professional Conduct, as amended 2016,
and referenced in Appendix II, except as provided in (c) below.
(c)
Dentists may announce diplomate status granted by a bona fide national
organization which is not recognized as a certifying board by the American
Dental Association but grants diplomate status based
upon the dentist’s postgraduate education, experience and written and oral
examinations based upon psychometric principles. The announcement, if made by a
general dentist, shall indicate that he or she is a general dentist.
(d) Dentists who wish to perform
botulinum toxin or dermafiller procedures shall submit documentation to the
board that demonstrates completion of at least 8 hours of hands-on training
prior to performing such procedures.
Source. #6909, eff 12-9-98; amd by #7270, eff
5-12-00; amd by #7778, eff 10-10-02; amd by #8584, eff 3-16-06; ss by #8838,
eff 3-9-07; amd by #9973, eff 8-9-11; amd by #10068, eff 1-10-12; ss by #10437,
eff 10-8-13; ss by #10991, eff
12-9-15; ss by #12428, eff 12-6-17; amd by #12549, eff
6-15-18
Den 302.05 Dental Hygienist Qualification in Specific
Area.
(a) Any dental hygienist shall be considered
qualified in a specific area if he or she has successfully completed an
expanded duty course, or successfully challenged an examination in same, or both,
as stated in Den 302.05 (a) through (q).
Course records, pursuant to Den 403.06, and a certificate of course
completion shall be retained by the course participant and provided to the board
upon request by the board.
(b)
Any dental hygienist may petition the board for approval of an expanded
duty course or equivalent training course.
The petition shall include all information that the petitioner wishes
the board to consider in evaluating the proposed course, such as the entity
giving the course, an outline of the topics to be covered, the number of hours
of lectures and hours of practical experience and the textbooks to be used.
(c)
No dental hygienist shall be considered qualified prior to the date that
he or she is officially informed by the course or examination provider that he
or she has successfully completed an expanded duty course approved by the
board.
(d)
Any dental hygienist shall be considered qualified in provisional crown
and bridge restorations after successfully completing an expanded duty course
in provisional crown and bridge restorations which:
(1) Is offered by a continuing education provider
as defined in Den 403.07(a)(1);
(2) Is a minimum of 8 hours;
(3) Includes at least the following:
a. Provisional restoration anatomy;
b. Occlusal requirements; and
c. Cementation; and
(4) Provides to the dental hygienist written evidence
certifying that the course has been successfully completed and which is signed
by the course provider.
(e) If qualification in provisional
crown and bridge restorations is determined, the duty shall be performed with
the following conditions:
(1) A dental hygienist qualified in provisional
crown and bridge restorations shall perform this service only under the direct
supervision of a licensed dentist;
(2) The provisional restoration may be fabricated
intraorally, however all occlusal adjustments and
modifications shall be completed extraorally; and
(3) The completed provisional restoration shall be
examined by the dentist prior to cementation by a qualified dental hygienist.
(f)
Any dental hygienist shall be considered qualified in orthodontic duties
after successfully completing an expanded duty course in orthodontic duties
which:
(1) Is offered by a continuing education provider
as defined in Den 403.07(a)(1);
(2) Is a minimum of 8 hours;
(3) Includes at least the following:
a. Placement and removal of orthodontic separators;
b. Preparation of teeth for bonding of brackets;
c. Removal of orthodontic bands or brackets;
d. Trial fitting of orthodontic bands;
e. Using hand instruments to remove excess
cement from bands on the coronal surfaces of the teeth;
f. Trial fitting of head gear;
g. Simple emergency adjustment of orthodontic
appliances to relieve pain;
h. Taking impressions for orthodontic appliances;
i. Attachment or tying in and removal of
orthodontic wires; and
j. Bending arch wires; and
(4) Provides to the dental hygienist written evidence
certifying that the course has been successfully completed and which is signed
by the course provider.
(g) If qualification in orthodontics
is determined, the duty shall be performed with the following conditions:
(1) A dental hygienist qualified in orthodontic
duties shall perform this service only under the direct supervision of a
licensed dentist.
(h)
The duty of placing dental sealants shall be performed under the general
supervision or public health supervision of a licensed dentist.
(i)
Any dental hygienist shall be considered qualified in local anesthesia
only after successfully completing an expanded duty course in local anesthesia
which:
(1) Is offered by an institution accredited by CODA;
(2) Is a minimum of 20 didactic hours and 12
clinical hours;
(3) Entails passing the local anesthesia
examination given by the CDCA;
(4) Includes at least the following topics:
a. Neurophysiology of pain and pain control;
b. Pharmacology of local anesthetic solutions
and drug interactions;
c. Potential local and systemic complications;
d. Medical and dental indications and contraindications;
e. Medical and dental history assessment;
f. Safely assembling and handling a syringe;
g. Locating anatomical landmarks associated with
local anesthesia;
h. Injection techniques;
i. Hands-on experience with maxillary and
mandibular injections by administering at least 6 infiltration and 6 block
injections; and
j. Legal issues associated with local anesthesia
administration by a dental hygienist; and
(5) Provides to
the dental hygienist written evidence certifying that the course has been
successfully completed and which is signed by the course provider.
(j)
If qualification in local anesthesia is determined, the duty shall be
performed with the following conditions:
(1) A dental hygienist qualified in local
anesthesia shall:
a. Administer local anesthesia only under the
direct supervision of a dentist; and
b. Display at his or her place of practice proof
of anesthesia qualification approved by the board;
(2) Any hygienist graduating from a CODA
accredited school of dental hygiene shall comply with (i) above if a local
anesthesia course meeting the foregoing requirements was not part of the school
curriculum;
(3) A dental hygienist who has qualified to administer
local anesthesia in another jurisdiction may qualify for endorsement by the
board to perform that function by presenting written documentation of training
equivalent to (i) above and a letter from a supervising dentist attesting to
the hygienist's experience administering local anesthesia within the previous 2
years; and
(4) Students enrolled in a CODA accredited school
of dental hygiene, who have passed a local anesthesia course as part of the
school curriculum, shall not be in violation of this rule if they administer
local anesthesia as part of a dental hygiene examination.
(k) To obtain a local anesthesia permit, a dental
hygienist qualified to administer local anesthesia shall provide to the board:
(1) A written request and a certified check or
money order made payable to the "Treasurer, State of New Hampshire"
for the local anesthesia fee specified in Den 301.08, or if presented in
person, the payment may be in cash;
(2) Proof of course completion. Applicants whose course was taken out of
state shall also provide a copy of the course syllabus; and
(3) His or her CDCA score.
(l)
Any dental hygienist shall be considered qualified to monitor the
administration of nitrous oxide (N2O) to patients after successfully
completing an expanded duty course in monitoring the administration of nitrous
oxide which:
(1) Is offered by a course provider as defined in
Den 403.07(a)(1);
(2) Is a minimum of 6 hours;
(3) Includes at least the following:
a. Aspects of pain and anxiety;
b. Anatomy and physiology of respiration;
c. Stages of drug induced central nervous system
depression;
d. Pharmacology and physiological effects of nitrous
oxide;
e. Advantages and disadvantages of inhalation
sedation using nitrous oxide;
f. Medical assessment of patient prior to using
nitrous oxide; and
g. Proper administration of nitrous oxide to
include:
1. Description and use of inhalation equipment;
2. Patient monitoring;
3. Possible reactions of patients under nitrous oxide;
4. Hazards of nitrous oxide for patients and operator;
and
5. Management of complications;
(4) Requires the passing of a written test
administered by the course provider; and
(5) Provides to the dental hygienist written
evidence certifying that the course has been successfully completed and which
is signed by the course provider.
(m) If qualification in monitoring the
administration of nitrous oxide (N2O) is determined, the duty shall
be performed with the following conditions:
(1) A dental
hygienist qualified in the monitoring of nitrous oxide shall monitor nitrous
oxide only under the direct supervision of a dentist;
(2) A dental hygienist qualified to monitor the
administration of nitrous oxide shall monitor only after a dentist has
initiated the administration and brought the patient to the intended level of
nitrous oxide inhalation sedation;
(3) A dental hygienist qualified to monitor the
administration of nitrous oxide shall be currently certified in BLS-HCP; and
(4) A dental
hygienist who has qualified to monitor nitrous oxide in another jurisdiction
may qualify for endorsement by the board to perform that function by presenting
written documentation of training equivalent to (l) above and a letter from a
supervising dentist attesting to the hygienist's experience monitoring nitrous
oxide within the previous 2 years.
(n)
Any dental hygienist shall be considered qualified to administer nitrous
oxide (N2O) for minimal sedation of patients after successfully
completing an expanded duty course in the monitoring and administration of nitrous
oxide which:
(1) Is offered by an institution accredited by CODA;
(2) Is a minimum of 8 didactic hours and 6
clinical hours;
(3) Includes at least the following:
a. Physiological and psychological aspects of pain
and anxiety;
b. Stages of drug induced central nervous system
depression;
c. Anatomy and physiology as they relate to
inhalation sedation;
d. Indications and contraindications of
inhalation sedation;
e. Pharmacology and physiological effects of
nitrous oxide, including drug interactions;
f. Medical assessment of patient prior to using
nitrous oxide;
g. Description and use of inhalation sedation equipment;
h. Monitoring of patient’s vital functions;
i. Preventing, recognizing and managing possible
complications of inhalation sedation;
j. Health hazards and techniques to limit
occupational exposure;
k. Abuse potential of nitrous oxide; and
l. Maintenance of proper records;
(4) Requires the passing of a written test
administered by the course provider;
(5) Requires successfully completing a clinical
evaluation by the course provider; and
(6) Provides to
the dental hygienist written evidence certifying that the course has been
successfully completed and which is signed by the course provider.
(o) If qualification in the
administration of nitrous oxide (N2O) is determined, the duty shall
be performed with the following conditions:
(1) A dental hygienist qualified in the
administration of nitrous oxide shall:
a. Administer nitrous oxide only under the
direct supervision of a dentist; and
b. Display at his
or her place of practice proof of a nitrous oxide qualification course approved
by the board;
(2) Any hygienist graduating from CODA accredited
school of dental hygiene shall comply with (l) above if a nitrous oxide course
meeting the foregoing requirements was not part of the school curriculum;
(3) A dental hygienist who has qualified to
administer nitrous oxide in another jurisdiction may qualify for endorsement by
the board to perform that function by presenting written documentation of
training equivalent to (l) above and a letter from a supervising dentist
attesting to the hygienist's experience administering nitrous oxide within the
previous 2 years; and
(4) Students enrolled in a CODA accredited school
of dental hygiene, who have passed a nitrous oxide course as part of the school
curriculum, shall not be in violation of this rule if they administer nitrous
oxide as part of a dental hygiene examination.
(p) Those individuals who qualify in
the administration of nitrous oxide on or after January 1, 2018
shall be issued a permit upon submission of the following:
(1) Proof of course completion and, if the course
was taken out of state, a copy of the course syllabus;
(2) A written request; and
(3) A check or money order made payable to the
"Treasurer, State of New Hampshire" for the application fee specified
in Den 301.08, or if presented in person, the payment may be in cash.
(q)
In-office tooth whitening shall be performed under general supervision.
Source. #6909, eff 12-9-98; amd by #7270, eff
5-12-00; amd by #7778, eff 10-10-02; amd by #7818, eff 1-9-03; amd by #7929,
eff 8-6-03; amd by #7970, eff 10-10-03; amd by #8100, eff 6-11-04; amd by
#8260, eff 1-19-05; amd by #8584, eff 3-16-06; amd by #8694, eff 7-27-06; ss by
#8838, eff 3-9-07; amd by #8963, eff 8-16-07; amd by #9256, eff
9-10-08; ss by 9408-B, eff 3-10-09; amd by #9778, eff
9-3-10; amd by #9973, eff 8-9-11; amd by #10328-B, eff
5-7-13; amd by #10437, eff 10-8-13; ss by #10689, eff
10-7-14; ss by #10991, eff 12-9-15; ss by #12428, eff 12-6-17
Den 302.06 Dental Assistant Qualification in Specific
Area.
(a)
Any dental assistant who is 18 years of age or older shall be considered
qualified in a specific area if he or she has successfully completed an
expanded duty course, or successfully challenged an examination in same, or
both, as stated in Den 302.06 (a) through (ac). A course or exam given by an
entity other than the board itself shall include the passing grade or other standard
for successful completion of said course or exam set by the entity giving said
course or exam. Course records, pursuant to Den 403.06, and a certificate of
course completion shall be retained by the course participant and provided to
the board upon request by the board. Traditional dental assistants, before
qualifying in any other area addressed in Den 302.06, shall have taken and
passed an introduction to dental assisting course and qualify for infection
control in the dental office as stated in Den 302.06(b)(1)c.
(b) Traditional dental assistants shall qualify in
infection control in the dental office after successfully completing a course
in the topic, as follows:
(1) The expanded duty course shall:
a. Be offered by a course provider as defined in
Den 403.07(a)(1);
b. Be a minimum of 4 hours;
c. Pursuant to RSA 317-A:17, II (g), follow the
current Centers for Disease Control “Infection Control Recommendations for the
Dental Office and the Dental Laboratory”; and
d. Require the
passing of a written exam administered by the continuing education provider;
and
(2) Written evidence certifying that the
infection control course has been successfully completed shall be signed by the
course provider and given to the dental assistant.
(c)
Any dental assistant may petition the board for approval of an expanded
duty course or equivalent training course. The petition shall include all information
that the petitioner wishes the board to consider in evaluating the proposed
course, such as the entity giving the course, an outline of the topics to be
covered, the number of hours of lectures and hours of practical experience and
the textbooks to be used. The board shall, within 60 days of receipt of such
petition, send written notice of approval or a written request for further
information from the petitioner.
(d)
No dental assistant shall be considered qualified prior to the date that
he or she is officially informed by the course or examination provider that he
or she has successfully completed an expanded duty course approved by the
board.
(e)
A traditional dental assistant shall have 200 hours of experience in
clinical dental assisting in order to qualify to take
a course in introduction to dental assisting, which course shall be a prerequisite
to any other expanded duty course described in this section.
(f)
Any introduction to dental assisting course shall:
(1) Be offered by a course provider as defined in
Den 403.07(a)(1);
(2) Be a minimum of 6 hours;
(3) Contain at least the following subjects:
a. The taking of medical and dental histories;
b. Obtaining and reading vital signs;
c. Oral and dental anatomy;
d. Charting existing restorations and teeth;
e. Inspection of the oral cavity; and
f. The Health Insurance Portability and
Accountability Act of 1996 (HIPAA);
(4) Require the passing of a written examination
administered by the continuing education provider; and
(5) Provide to the
dental assistant written evidence certifying that the course has been
successfully completed, which is signed by the course provider.
(g)
Any dental assistant who successfully completes the introduction to
dental assisting course shall be qualified to perform those duties set forth in
Den 401.01 and Den 401.02.
(h)
Any traditional dental assistant shall have 200 hours of experience in
clinical dental assisting in order to qualify to take
a radiology course.
(i)
Any dental assistant shall be considered qualified in dental radiology
after successfully completing an expanded duty course in dental radiology
which:
(1) Is offered by
a continuing education provider as specified in Den 403.07(a)(1);
(2) Is a minimum of 8 lecture hours, which may be
taken online, and 8 laboratory hours;
(3) Includes at least the following:
a. Asepsis, radiation safety;
b. Parallel and bi-secting techniques;
c. Full mouth projections, panoramic
projections, projections, and extra-oral projections;
d. Dark room procedures;
e. Radiographic landmarks, interpretation, and mounting;
f. Passing the
radiology written examination of the Dental Assisting National Board, provided
that dental assistants who have been practicing since before December 9, 1998 shall be exempt from taking and passing the DANB exam;
and
g. Passing of a written exam administered by the
continuing education provider; and
(4) Provides to
the dental assistant written evidence certifying that the course has been successfully
completed and which is signed by the course provider.
(j)
The duty of dental radiology shall be performed only under the direct
supervision of a licensed dentist.
(k)
Any traditional dental assistant shall have 200 hours of experience in clinical
dental assisting in order to qualify to take a course
in provision crown and bridge restorations.
(l)
Any dental assistant shall be considered qualified in provisional crown
and bridge restorations after successfully completing an expanded duty course
in provisional crown and bridge restorations which:
(1) Is offered by a continuing education provider
as defined in Den 403.07(a)(1);
(2) Is a minimum of 8 hours;
(3) Includes at least the following:
a. Provisional restoration anatomy;
b. Occlusal requirements;
c. Cementation; and
d. Passing of a written exam administered by the
continuing education provider; and
(4) Provides to
the dental assistant written evidence certifying that the course has been
successfully completed and which is signed by the course provider.
(m)
The duty of provisional crown and bridge restorations shall be performed
with the following conditions:
(1) A dental assistant qualified in provisional
crown and bridge restorations shall perform this service only under the direct
supervision of a licensed dentist;
(2) The provisional restoration may be fabricated
intraorally, however all occlusal adjustments and
modifications shall be completed extraorally; and
(3) The completed provisional restoration shall
be examined by the dentist prior to cementation by a qualified dental
assistant.
(n)
Any traditional dental assistant shall have at least 200 hours of
experience in clinical dental assisting in order to
qualify to take a course in orthodontics.
(o)
Any traditional dental assistant shall be considered qualified in
orthodontic duties after successfully completing an expanded duty course in
orthodontic duties which:
(1) Is offered by a continuing education provider
as defined in Den 403.07(a)(1);
(2) Is a minimum of 8 hours;
(3) Includes at least the following:
a. Placement and removal of orthodontic separators;
b. Preparation of teeth for bonding of brackets;
c. Removal of orthodontic bands or brackets;
d. Trial fitting of orthodontic bands;
e. Using hand instruments to remove excess cement
from bands on the coronal surfaces of the teeth;
f. Trial fitting of head gear;
g. Simple emergency adjustment of orthodontic
appliances to relieve pain;
h. Taking impressions for orthodontic appliances;
i. Attachment or tying in and removal of orthodontic
wires;
j. Bending arch wires; and
k. Passing of a written
exam administered by the continuing education provider; and
(4) Provides to the dental assistant written
evidence certifying that the course has been successfully completed and which
is signed by the course provider.
(p)
The duty of orthodontics shall only be performed under the direct
supervision of a licensed dentist.
(q)
Any traditional dental assistant shall have at 400 hours of experience
in clinical dental assisting in order to qualify to
take a sealants course.
(r)
Any traditional dental assistant shall be considered qualified in dental
sealants after successfully completing an expanded duty course in dental
sealants which:
(1) Is offered by a continuing education provider
as specified in Den 403.07(a)(1);
(2) Is a minimum of 8 hours;
(3) Includes at least the following:
a. Use of chemical and light cured sealants;
b. Proper techniques of applying sealants;
c. Isolation techniques;
d. Practice in applying sealants in a laboratory
setting;
e. Application of sealants on an actual patient
in a clinical setting; and
f. Passing an exam administered by the
continuing education provider; and
(4) Provides to the dental assistant written
evidence certifying that the course has been successfully completed and which
is signed by the course provider.
(s)
The duty of dental sealants shall only be performed under the direct
supervision of a licensed dentist.
(t)
Traditional dental assistants shall have experience consisting of at
least 400 hours in clinical dental assisting in order to
qualify to take a course in coronal polishing.
(u)
Any dental assistant other than a graduate dental assistant shall be
considered qualified in coronal polishing after meeting the eligibility
requirements and successfully completing an expanded duty course in coronal
polishing which:
(1) Is offered by a continuing education provider
as set forth in Den 403.07 (a);
(2) Is a minimum of 8 hours; and
(3) Includes at least the following subjects:
a. Handpiece maintenance and sterilization;
b. Polishing agents;
c. Polishing techniques;
d. Infection control;
e. Medical and dental history indications and contraindications;
f. Hands-on polishing in a clinical setting; and
g. Passing of a written examination administered
by the continuing education provider; and
(4) Provides to
the dental assistant written evidence certifying that the course has been
successfully completed and which is signed by the course provider.
(v)
The duty of coronal polishing shall be performed with the following
conditions:
(1) Coronal polishing by dental assistants shall
be accomplished by a combination of slow speed handpiece, not to exceed 10,000
rpm, and appropriate polishing agents with a rubber cup or bristle brush;
(2) Coronal
polishing shall be accomplished by dental assistants only after a dentist or
dental hygienist has determined that the teeth are free of calculus;
(3) A dental
assistant qualified in coronal polishing shall perform this service only under
the direct supervision of a licensed dentist or dental hygienist; and
(4) Coronal polishing shall in no way be
represented as a prophylaxis unless a dentist or dental hygienist has
determined the teeth are free of calculus immediately prior to the polishing.
(w)
Any traditional dental assistant shall have 400 hours of experience in
clinical dental assisting prior to taking an expanded duty course in monitoring
the administration of nitrous oxide anesthesia.
(x)
Any traditional dental assistant shall be considered qualified to monitor
the administration of nitrous oxide (N2O) to patients after
successfully completing an expanded duty course in monitoring the administration
of nitrous oxide which:
(1) Is offered by a course provider as defined in
Den 403.07(a)(1);
(2) Is a minimum of 6 hours;
(3) Includes at least the following:
a. Aspects of pain and anxiety;
b. Anatomy and physiology of respiration;
c. Stages of drug induced central nervous system
depression;
d. Pharmacology and physiological effects of
nitrous oxide;
e. Advantages and disadvantages of inhalation
sedation using nitrous oxide;
f. Medical assessment of patient prior to using
nitrous oxide; and
g. Proper administration of nitrous oxide to
include:
1. Description and use of inhalation equipment;
2. Patient monitoring;
3. Possible reactions of patients under nitrous oxide;
4. Hazards of nitrous oxide for patients and
operator; and
5. Management of complications;
(4) Requires the passing of a written examination
administered by the continuing education provider; and
(5) Provides to
the dental assistant written evidence certifying that the course has been
successfully completed and which is signed by the course provider.
(y) If qualification in monitoring the
administration of nitrous oxide is determined, the duty shall be performed with
the following conditions:
(1) A dental assistant qualified in the
monitoring of nitrous oxide shall monitor nitrous oxide only under the direct
supervision of a dentist;
(2) A dental assistant qualified to monitor the
administration of nitrous oxide shall monitor only after a dentist has
initiated the administration and brought the patient to the intended level of
nitrous oxide inhalation sedation; and
(3) A dental assistant qualified to monitor the administration
of nitrous oxide shall be currently certified in BHLS-HCP; and
(4) A dental assistant who has qualified to
monitor nitrous oxide in another jurisdiction shall qualify for endorsement by
the board to perform that function by presenting written documentation of training
equivalent to (x) above and a letter from a supervising dentist attesting to
the assistant's experience monitoring nitrous oxide within the previous 2
years.
(z)
Any traditional dental assistant shall have at least 400 hours in
clinical dental assisting in order to qualify to take
a course in office whitening.
(aa)
A dental assistant shall be qualified to perform in-office tooth
whitening after successfully completing an expanded duty course in in-office
tooth whitening which:
(1) Is offered by a course provider as defined in
Den 403.07(a)(1);
(2) Is a minimum of 4 hours;
(3) Includes at least the following;
a. An overview of prescription and non-prescription
whitening systems;
b. Mechanisms of action;
c. Treatment methods;
d. Safety considerations, including:
1. Contraindications; and
2. Side effects; and
e. Passing of a written examination administered
by the continuing education provider; and
(4) Provides to the dental assistant written
evidence certifying that the course has been successfully completed and which
is signed by the course provider.
(ab)
The duty of in-office tooth whitening shall only be performed under the
direct supervision of a licensed dentist.
Source. #12428, eff 12-6-17
Den 302.07 Expanded Function Dental Auxiliary (EFDA).
(a) Any
dental hygienist, or certified or graduate dental assistant as defined in Den
401.02, shall be considered qualified to place, contour and adjust direct
restorative materials within the oral cavity after successfully completing an
expanded function dental auxiliary (EFDA) course in dental restorations, as
follows:
(1) The direct dental restorations course shall
have the following prerequisites:
a. Course candidates shall be a registered dental
hygienist, or a dental assistant who is certified by the Dental Assistant
National Board or is a graduate of a CODA accredited school of dental assisting;
b. All candidates shall have a minimum of 4,500
hours of dental clinical experience;
c. All candidates shall be recommended for the
course by a dentist with an active NH dental license;
d. Dental assistants, other than graduate dental
assistants, shall be qualified to perform a preliminary inspection of the oral
cavity, pursuant to Den 302.05 (d); and
e. All candidates shall be currently certified
in BLS-HCP; and
(2) The EFDA course in direct dental restorations
shall:
a. Be offered by an institution accredited by CODA;
b. Be a minimum of 50 didactic hours and 100
hours of pre-clinical training in a curriculum approved by the board;
c. Include at least the following subjects:
1. Dental materials;
2. Use of the low speed
hand piece and high speed hand piece;
3. Placement and finishing of amalgams, and
composite resins;
4. Dental occlusion; and
5. Dental jurisprudence;
d. Include assessment certifying successful
course completion and provide written evidence signed by the course provider
and given to the hygienist or dental assistant; and
e. Be followed by 6 weeks, minimum of 120 hours,
of training in a dental office under the direct supervision and monitoring by
the faculty of a school accredited by CODA or its designate.
(b) The
following shall apply to all
EFDA's:
(1) The EFDA shall register with the board and
submit proof of the required EFDA training and experience, as well as a fee to
obtain an EFDA permit from the board;
(2)
The EFDA shall renew the EFDA permit in
odd numbered years before May 1st, if EFDA employment is continued;
(3) The EFDA shall prominently display the permit
where the EFDA works;
(4) A maximum of 2 EFDA’s shall be employed in a
dental practice regardless of the number of dentists;
(5) Dentists shall inform the board of EFDA’s
employed within 10 days of employment;