21 NCAC 16V .0102. DEFINITION: UNPROFESSIONAL CONDUCT BY A DENTAL HYGIENIST

Unprofessional conduct by a dental hygienist shall include, but not be limited to, the following:

(1)           Having a license to practice dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country; (For purposes of this Section, the surrender of a license under threat of disciplinary action shall be considered the same as if the licensee had been disciplined.)

(2)           Presenting false or misleading testimony, statements, or records to the Board or a Board employee during the scope of any investigation or at any hearing of the Board;

(3)           Committing any act which would constitute sexual assault or battery in connection with the provision of dental hygiene services;

(4)           Violating a lawful order of the Board previously entered in a disciplinary hearing or failing to comply with a lawfully-issued subpoena of the Board;

(5)           Conspiring with any person to commit an act, or committing an act which would tend to coerce, intimidate, or preclude any patient or witness from testifying against a licensee in any disciplinary hearing, or retaliating in any manner against any person who testifies or cooperates with the Board during any investigation of any licensee;

(6)           Failing to identify to a patient, patient's guardian, or the Board the name of any person or agent who renders dental treatment or services upon request;

(7)           Procuring, dispensing, or administering any controlled substance for personal use except those prescribed, dispensed, or administered by a practitioner authorized to prescribe them;

(8)           Acquiring any controlled substance from any pharmacy or other source by misrepresentation, fraud or deception;

(9)           Having professional connection with or lending one's name to the illegal practice of dental hygiene; and

(10)         Failing to comply with any provision of any contract or agreement with the Caring Dental Professionals Program.

 

History Note:        Authority G.S. 90-223; 90-229;

Eff. August 1, 1998;

Amended Eff. October 1, 2001; August 1, 2000; September 1, 1998.