State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-29

§ 90‑29.  Necessity for license; dentistrydefined; exemptions.

(a)        No person shall engage in the practice of dentistry in thisState, or offer or attempt to do so, unless such person is the holder of avalid license or certificate of renewal of license duly issued by the NorthCarolina State Board of Dental Examiners.

(b)        A person shall be deemed to be practicing dentistry in thisState who does, undertakes or attempts to do, or claims the ability to do anyone or more of the following acts or things which, for the purposes of thisArticle, constitute the practice of dentistry:

(1)        Diagnoses, treats, operates, or prescribes for any disease,disorder, pain, deformity, injury, deficiency, defect, or other physicalcondition of the human teeth, gums, alveolar process, jaws, maxilla, mandible,or adjacent tissues or structures of the oral cavity;

(2)        Removes stains, accretions or deposits from the human teeth;

(3)        Extracts a human tooth or teeth;

(4)        Performs any phase of any operation relative or incident tothe replacement or restoration of all or a part of a human tooth or teeth withany artificial substance, material or device;

(5)        Corrects the malposition or malformation of the human teeth;

(6)        Administers an anesthetic of any kind in the treatment ofdental or oral diseases or physical conditions, or in preparation for orincident to any operation within the oral cavity; provided, however, that thissubsection shall not apply to a lawfully qualified nurse anesthetist whoadministers such anesthetic under the supervision and direction of a licenseddentist or physician;

(6a)      Expired pursuant to Session Laws 1991, c. 678, s. 2.

(7)        Takes or makes an impression of the human teeth, gums orjaws;

(8)        Makes, builds, constructs, furnishes, processes, reproduces,repairs, adjusts, supplies or professionally places in the human mouth anyprosthetic denture, bridge, appliance, corrective device, or other structuredesigned or constructed as a substitute for a natural human tooth or teeth oras an aid in the treatment of the malposition or malformation of a tooth orteeth, except to the extent the same may lawfully be performed in accordancewith the provisions of G.S. 90‑29.1 and 90‑29.2;

(9)        Uses a Roentgen or X‑ray machine or device for dentaltreatment or diagnostic purposes, or gives interpretations or readings ofdental Roentgenograms or X rays;

(10)      Performs or engages in any of the clinical practices includedin the curricula of recognized dental schools or colleges;

(11)      Owns, manages, supervises, controls or conducts, eitherhimself or by and through another person or other persons, any enterprisewherein any one or more of the acts or practices set forth in subdivisions (1)through (10) above are done, attempted to be done, or represented to be done;

(12)      Uses, in connection with his name, any title or designation,such as "dentist," "dental surgeon," "doctor of dentalsurgery," "D.D.S.," "D.M.D.," or any other letters,words or descriptive matter which, in any manner, represents him as being adentist able or qualified to do or perform any one or more of the acts orpractices set forth in subdivisions (1) through (10) above;

(13)      Represents to the public, by any advertisement orannouncement, by or through any media, the ability or qualification to do orperform any of the acts or practices set forth in subdivisions (1) through (10)above.

(c)        The following acts, practices, or operations, however, shallnot constitute the unlawful practice of dentistry:

(1)        Any act by a duly licensed physician or surgeon performed inthe practice of his profession;

(2)        The practice of dentistry, in the discharge of theirofficial duties, by dentists in any branch of the military service of theUnited States or in the full‑time employ of any agency of the UnitedStates;

(3)        The teaching or practice of dentistry, in dental schools orcolleges operated and conducted in this State and approved by the NorthCarolina State Board of Dental Examiners, by any person or persons licensed topractice dentistry anywhere in the United States or in any country, territoryor other recognized jurisdiction until December 31, 2002. On or after January1, 2003, all dentists previously practicing under G.S. 90‑29(c)(3) shallbe granted an instructor's license upon application to the Board and payment ofthe required fee.

(4)        The practice of dentistry in dental schools or colleges inthis State approved by the North Carolina State Board of Dental Examiners bystudents enrolled in such schools or colleges as candidates for a doctoraldegree in dentistry when such practice is performed as a part of their courseof instruction and is under direct supervision of a dentist who is either dulylicensed in North Carolina or qualified under subdivision (3) above as ateacher; additionally, the practice of dentistry by such students at State orcounty institutions with resident populations, hospitals, State or countyhealth departments, area health education centers, nonprofit health carefacilities serving low‑income populations and approved by the StateHealth Director or his designee and approved by the Board of Dental Examiners,and State or county‑owned nursing homes; subject to review and approvalor disapproval by the said Board of Dental Examiners when in the opinion of thedean of such dental school or college or his designee, the students' dentaleducation and experience are adequate therefor, and such practice is a part ofthe course of instruction of such students, is performed under the directsupervision of a duly licensed dentist acting as a teacher or instructor, andis without remuneration except for expenses and subsistence all as defined andpermitted by the rules and regulations of said Board of Dental Examiners.Should the Board disapprove a specific program, the Board shall within 90 daysinform the dean of its actions. Nothing herein shall be construed to permit theteaching of, delegation to or performance by any dental hygienist, dentalassistant, or other auxiliary relative to any program of extramural rotation,of any function not heretofore permitted by the Dental Practice Act, the DentalHygiene Act or by the rules and regulations of the Board;

(5)        The temporary practice of dentistry by licensed dentists ofanother state or of any territory or country when the same is performed, asclinicians, at meetings of organized dental societies, associations, collegesor similar dental organizations, or when such dentists appear in emergencycases upon the specific call of a dentist duly licensed to practice in thisState;

(6)        The practice of dentistry by a person who is a graduate of adental school or college approved by the North Carolina State Board of DentalExaminers and who is not licensed to practice dentistry in this State, whensuch person is the holder of a valid intern permit, or provisional license,issued to him by the North Carolina State Board of Dental Examiners pursuant tothe terms and provisions of this Article, and when such practice of dentistrycomplies with the conditions of said intern permit, or provisional license;

(7)        Any act or acts performed by a dental hygienist when suchact or acts are lawfully performed pursuant to the authority of Article 16 ofthis Chapter 90 or the rules and regulations of the Board promulgatedthereunder;

(8)        Activity which would otherwise be considered the practice ofdental hygiene performed by students enrolled in a school or college approvedby the Board in a board‑approved dental hygiene program under the directsupervision of a dental hygienist or a dentist duly licensed in North Carolinaor qualified for the teaching of dentistry pursuant to the provisions ofsubdivision (3) above;

(9)        Any act or acts performed by an assistant to a dentistlicensed to practice in this State when said act or acts are authorized andpermitted by and performed in accordance with rules and regulations promulgatedby the Board;

(10)      Dental assisting and related functions as a part of theirinstructions by students enrolled in a course in dental assisting conducted inthis State and approved by the Board, when such functions are performed underthe supervision of a dentist acting as a teacher or instructor who is eitherduly licensed in North Carolina or qualified for the teaching of dentistrypursuant to the provisions of subdivision (3) above;

(11)      The extraoral construction, manufacture, fabrication orrepair of prosthetic dentures, bridges, appliances, corrective devices, orother structures designed or constructed as a substitute for a natural humantooth or teeth or as an aid in the treatment of the malposition or malformationof a tooth or teeth, by a person or entity not licensed to practice dentistryin this State, when the same is done or performed solely upon a written workorder in strict compliance with the terms, provisions, conditions andrequirements of G.S. 90‑29.1 and 90‑29.2.

(12)      The use of a dental x‑ray machine in the taking ofdental radiographs by a dental hygienist, certified dental assistant, or adental assistant who can show evidence of satisfactory performance on anequivalency examination, recognized by the Board of Dental Examiners, based onseven hours of instruction in the production and use of dental x rays and aneducational program of not less than seven hours in clinical dental radiology.

(13)      A dental assistant, or dental hygienist who shows evidence ofeducation and training in Nitrous Oxide – Oxygen Inhalant Conscious Sedationwithin a formal educational program may aid and assist a licensed dentist inthe administration of Nitrous Oxide – Oxygen Inhalant Conscious Sedation. Anydental assistant who can show evidence of having completed an educationalprogram recognized by the Board of not less than seven clock hours on NitrousOxide – Oxygen Inhalant Conscious Sedation may also aid and assist a licenseddentist in the administration of Nitrous Oxide – Oxygen Inhalant ConsciousSedation. Any dental hygienist or dental assistant who has been employed in adental office where Nitrous Oxide – Oxygen Inhalant Conscious Sedation wasutilized, and who can show evidence of performance and instruction of not lessthan one year prior to July 1, 1980, qualifies to aid and assist a licenseddentist in the administration of Nitrous Oxide – Oxygen Inhalant ConsciousSedation.

(14)      The operation of a nonprofit health care facility serving low‑incomepopulations and approved by the State Health Director or his designee andapproved by the North Carolina State Board of Dental Examiners. (1935, c. 66, s. 6; 1953, c. 564, s. 3; 1957, c. 592, s. 2; 1961, c.446, s. 2; 1965, c. 163, ss. 1, 2; 1971, c. 755, s. 2; 1977, c. 368; 1979, 2ndSess., c. 1195, ss. 10, 15; 1991, c. 658, s. 1; c. 678, ss. 1, 2; 1997‑481,ss. 5, 6; 2002‑37, s. 8.)