State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-41

§ 90‑41.  Disciplinary action.

(a)        The North Carolina State Board of Dental Examiners shallhave the power and authority to (i) Refuse to issue a license to practicedentistry; (ii) Refuse to issue a certificate of renewal of a license topractice dentistry; (iii) Revoke or suspend a license to practice dentistry;and (iv) Invoke such other disciplinary measures, censure, or probative termsagainst a licensee as it deems fit and proper;

inany instance or instances in which the Board is satisfied that such applicantor licensee:

(1)        Has engaged in any act or acts of fraud, deceit ormisrepresentation in obtaining or attempting to obtain a license or the renewalthereof;

(2)        Is a chronic or persistent user of intoxicants, drugs ornarcotics to the extent that the same impairs his ability to practicedentistry;

(3)        Has been convicted of any of the criminal provisions of thisArticle or has entered a plea of guilty or nolo contendere to any charge orcharges arising therefrom;

(4)        Has been convicted of or entered a plea of guilty or nolocontendere to any felony charge or to any misdemeanor charge involving moralturpitude;

(5)        Has been convicted of or entered a plea of guilty or nolocontendere to any charge of violation of any state or federal narcotic or barbituratelaw;

(6)        Has engaged in any act or practice violative of any of theprovisions of this Article or violative of any of the rules and regulationspromulgated and adopted by the Board, or has aided, abetted or assisted anyother person or entity in the violation of the same;

(7)        Is mentally, emotionally, or physically unfit to practicedentistry or is afflicted with such a physical or mental disability as to bedeemed dangerous to the health and welfare of his patients. An adjudication ofmental incompetency in a court of competent jurisdiction or a determinationthereof by other lawful means shall be conclusive proof of unfitness topractice dentistry unless or until such person shall have been subsequentlylawfully declared to be mentally competent;

(8)        Has conducted in‑person solicitation of professionalpatronage or has employed or procured any person to conduct such solicitationby personal contact with potential patients, except to the extent that informaladvice may be permitted by regulations issued by the Board of Dental Examiners;

(9)        Has permitted the use of his name, diploma or license byanother person either in the illegal practice of dentistry or in attempting tofraudulently obtain a license to practice dentistry;

(10)      Has engaged in such immoral conduct as to discredit thedental profession;

(11)      Has obtained or collected or attempted to obtain or collectany fee through fraud, misrepresentation, or deceit;

(12)      Has been negligent in the practice of dentistry;

(13)      Has employed a person not licensed in this State to do orperform any act or service, or has aided, abetted or assisted any suchunlicensed person to do or perform any act or service which under this Articleor under Article 16 of this Chapter, can lawfully be done or performed only bya dentist or a dental hygienist licensed in this State;

(14)      Is incompetent in the practice of dentistry;

(15)      Has practiced any fraud, deceit or misrepresentation upon thepublic or upon any individual in an effort to acquire or retain any patient orpatients;

(16)      Has made fraudulent or misleading statements pertaining tohis skill, knowledge, or method of treatment or practice;

(17)      Has committed any fraudulent or misleading acts in thepractice of dentistry;

(18)      Has, directly or indirectly, published or caused to bepublished or disseminated any advertisement for professional patronage orbusiness which is untruthful, fraudulent, misleading, or in any wayinconsistent with rules and regulations issued by the Board of Dental Examinersgoverning the time, place, or manner of such advertisements;

(19)      Has, in the practice of dentistry, committed an act or actsconstituting malpractice;

(20)      Repealed by Session Laws 1981, c. 751, s. 7.

(21)      Has permitted a dental hygienist or a dental assistant in hisemploy or under his supervision to do or perform any act or acts violative ofthis Article, or of Article 16 of this Chapter, or of the rules and regulationspromulgated by the Board;

(22)      Has wrongfully or fraudulently or falsely held himself out tobe or represented himself to be qualified as a specialist in any branch ofdentistry;

(23)      Has persistently maintained, in the practice of dentistry,unsanitary offices, practices, or techniques;

(24)      Is a menace to the public health by reason of having a seriouscommunicable disease;

(25)      Has distributed or caused to be distributed any intoxicant,drug or narcotic for any other than a lawful purpose; or

(26)      Has engaged in any unprofessional conduct as the same may be,from time to time, defined by the rules and regulations of the Board.

(b)        If any person engages in or attempts to engage in thepractice of dentistry while his license is suspended, his license to practicedentistry in the State of North Carolina may be permanently revoked.

(c)        The Board may, on its own motion, initiate the appropriatelegal proceedings against any person, firm or corporation when it is made toappear to the Board that such person, firm or corporation has violated any ofthe provisions of this Article or of Article 16.

(d)        The Board may appoint, employ or retain an investigator orinvestigators for the purpose of examining or inquiring into any practicescommitted in this State that might violate any of the provisions of thisArticle or of Article 16 or any of the rules and regulations promulgated by theBoard.

(e)        The Board may employ or retain legal counsel for suchmatters and purposes as may seem fit and proper to said Board.

(f)         As used in this section the term "licensee"includes licensees, provisional licensees and holders of intern permits, andthe term "license" includes license, provisional license,instructor's license, and intern permit.

(g)        Records, papers, and other documents containing informationcollected or compiled by the Board, or its members or employees, as a result ofinvestigations, inquiries, or interviews conducted in connection with alicensing or disciplinary matter, shall not be considered public records withinthe meaning of Chapter 132 of the General Statutes; provided, however, that anynotice or statement of charges against any licensee, or any notice to anylicensee of a hearing in any proceeding, shall be a public record within themeaning of Chapter 132 of the General Statutes, notwithstanding that it maycontain information collected and compiled as a result of any investigation,inquiry, or interview; and provided, further, that if any record, paper, orother document containing information collected and compiled by the Board isreceived and admitted into evidence in any hearing before the Board, it shallthen be a public record within the meaning of Chapter 132 of the GeneralStatutes. (1935, c. 66, s. 14; 1957,c. 592, s. 7; 1965, c. 163, s. 4; 1967, c. 451, s. 1; 1971, c. 755, s. 9; 1979,2nd Sess., c. 1195, ss. 7, 8; 1981, c. 751, s. 7; 1989, c. 442; 1997‑456,s. 27; 2002‑37, s. 9.)