43-28-04. Qualifications and appointment of members of the board - Limited vote.
766 words·~3 min read·
/nd/title-43/chapter-43-28-dentists/43-28-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. An individual may not be appointed as a dentist member of the board unless that
individual:
a. Is a dentist licensed and registered under this chapter; and
b. Is actively engaged in the practice of dentistry and has been so engaged in this
state for at least five years immediately preceding the appointment.
2. An individual may not be appointed as the dental hygienist member of the board
unless that individual:
a. Is a licensed and registered dental hygienist in accordance with chapter 43-20;
and
b. Is actively engaged in the practice of dental hygiene and has been so engaged in
this state for at least five years immediately preceding the dental hygienist's
appointment.
3. An individual may not be appointed as the dental assistant member of the board
unless that individual:
a. Is a registered dental assistant in accordance with chapter 43-20; and
b. Is actively practicing as a registered dental assistant and has been so practicing
in this state for at least five years immediately preceding the dental assistant's
appointment.
4. An individual may not be appointed as the independent consumer member of the
board unless that individual:
a. Has been a resident of North Dakota for five years immediately preceding
appointment;
b. Has no personal, family, or financial relationship with the dental profession; and
c. Is not a dentist, a dental hygienist, a dental assistant, a physician, a nurse, or the
spouse of an individual engaged in any of those occupations. 5. The dental hygienist, dental assistant, and independent consumer member of the
board shall exercise full voting privileges in all areas except that the dental hygienist
may not participate in the clinical examination of dentists for licensure and the dental
assistant and independent consumer member may not participate in the clinical
examination of dentists or hygienists for licensure. Each appointee must continue to
meet the criteria for appointment for the duration of the appointee's term.
43-28-05. Meeting of board - Officers - Bond - Compensation of members - Quorum. 1. The board shall hold a regular annual meeting at a place designated by the board and
special meetings when necessary. The board shall elect from its members:
a. A president;
b. A president-elect; and
c. A secretary-treasurer. 2. Each member of the board shall receive as compensation for each day actually
engaged in the duties of the office per diem at a rate established by the board and
reimbursement for expenses as provided in section 54-06-09 while attending meetings
of the board. The executive director may be paid an annual salary in an amount
determined by the board.
43-28-06. Powers of board. The board may: 1. Adopt and enforce reasonable rules to govern its proceedings and to carry out this
chapter. 2. Examine applicants for licenses, or registration to practice dentistry, dental hygiene, or
dental assisting in this state, either by direct examination or by accepting the results of
national or regional dental testing services in which the board participates or which the
board recognizes. 3. Issue, suspend, revoke, limit, cancel, restrict, and reinstate licenses registrations,
permits, credentials, or endorsements related to the practice of dentistry, dental
assisting, or dental hygiene and the biennial certificates of registration upon any
grounds authorized by this chapter or rules adopted by the board. 4. Issue subpoenas to require the attendance of witnesses and the production of
documentary evidence and may administer oaths. Any member or executive officer of
the board may administer oaths to witnesses, or issue subpoenas. 5. Employ and compensate an executive director, attorneys, investigative staff, and
clerical assistants and may perform any other duties imposed upon the board by this
chapter. 6. Establish minimum continuing professional education requirements for dentists, dental
hygienists, and dental assistants. 7. Enter an agreement with the same professional organization with which the North
Dakota board of medicine has entered an agreement under subsection 6 of section
43-17-07.1 and adopt rules to establish an alternative to discipline program through
that contract. Records of an alternative to discipline program, including the identity of a
licensee participating in the alternative to discipline program, are exempt records
under section 44-04-17.1. Records of an alternative to discipline program may be
disclosed by the board if the board determines disclosure of the records is necessary
to protect health, safety, and welfare of the public, if ordered by a court of competent
jurisdiction, or if otherwise determined by the board. Fees assessed by rule for this
program are not new fees as contemplated by subsection 7 of section 54-35-27. 8. Impose fines, not to exceed five thousand dollars for each violation of section