Chapter 11

§ 1100 Objectives. The primary objective of the State Board of Dentistry and Dental Hygiene, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this chapter, from unsafe and unprofessional practices. The secondary objectives of the Board are to maintain minimum standards of practitioner competency and to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensees or former licensees. 71 Del. Laws, c. 31, §  1 ; 77 Del. Laws, c. 463, §  3 ; § 1101 Definitions [For application of this section, see 85 Del. Laws, c. 417, § 2]. For purposes of this chapter: (1) “Academic license” means a license issued under § 1132A of this title to a full-time director, chairperson, or attending faculty member of a hospital based dental, oral and maxillofacial surgery, or other specialty dental residency program for the purposes of teaching. (2) “Board” means the State Board of Dentistry and Dental Hygiene established in this chapter. (3) “Dental assistant” means any person not licensed to practice dentistry or dental hygiene in this State, who aids a dentist in the performance of generalized tasks, including chair-side aid, clerical work, reception, radiography, dental laboratory work, and any other such tasks delegated by the dentist. (4) “Dental auxiliary personnel” means any person not licensed to practice dentistry in this State, who works in a dental office as either a dental assistant, dental hygienist, dental technician, or otherwise. (5) “Dental hygiene assessment” means the identification of an individual’s health behaviors, attitudes, and oral health care status and needs for which a dental hygienist is educationally qualified and licensed to provide as defined by the Board. (6) “Dental hygienist” means a person who is qualified to practice dental hygiene as prescribed in this chapter. (7) “Dental technician” means any person not licensed to practice dentistry in this State, engaged in the business of constructing, altering, repairing or duplicating full dentures (“plates”), partial dentures, splints, orthodontic appliances, fixed bridges, or any other prosthetic appliances. (8) “Dentist” means a person who is qualified to practice dentistry as prescribed in the chapter. (9) “Direct supervision” means the dentist is physically present in the dental office or facility for the duration of the procedure, diagnoses the condition to be treated, authorizes the procedure, and examines the patient before the patient’s dismissal. (10) “Division” means the Division of Professional Regulation. (11) “Electronic prescription” means a prescription that is generated on an electronic application and transmitted as an electronic data file. (12) “Excessive use or abuse of drugs” means any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed individual with valid prescriptive authority or the abuse of alcoholic beverage or prescription or nonprescription drugs, such that it impairs a person’s ability to perform the work of a dentist or dental hygienist. (13) “Local anesthesia” means the elimination of sensations, especially pain, in 1 part of the body by the topical application or regional injection of a drug, and includes anesthesia administered using the infiltration technique and anesthesia administered using the nerve block technique. (14) “Oral prophylaxis” means the supra- and subgingival removal of biofilm, dental calculus, and extrinsic stains from tooth and prosthetic structures to preserve oral health and prevent disease, along with the provision of patient education to promote effective oral hygiene practices and overall oral health. (15) “Person” means a corporation, company, association, or partnership, as well as an individual. (16) a. “Practice of dental hygiene” means the removal of calculus deposits, plaque and stains from all surfaces of the teeth, and making instrumental examinations of the oral cavity, and assembling all necessary information for use by the dentist in diagnosis and treatment planning, and the performance of such prophylactic or preventive measures in the case of teeth, including the application of chemicals to the teeth and periodontal tissues, designed and approved for the prevention of dental caries or periodontal disease, as the Board may authorize. b. The “practice of dental hygiene” also includes all of the following: 1. Administering local anesthesia under the direct supervision of a licensed dentist and in accordance with requirements and standards that the Board shall establish by regulation. 2. Prescribing, administering, and dispensing topical agents as follows: A. Administering and dispensing topical agents under the standing order of a dentist providing general supervision. B. Prescribing, administering, and dispensing fluoride under the standing order of a dentist providing general supervision. 3. Applying sealants without the need for an examination by a dentist beforehand, provided the patient will be seen by a dentist within 12 months of receiving treatment. 4. Engaging in dental hygiene assessment and planning treatment within the scope of the authority of a dental hygienist as defined by the Board based on education and experience. 5. Providing direct access to prophylaxis without the need for an examination by a dentist beforehand, provided the patient will be seen by a dentist within 12 months of receiving treatment. 6. Exercising direct supervision of dental assistants as prescribed by regulations that the Board shall adopt. c. The “practice of dental hygiene” does not include any other operation on the teeth or tissues of the mouth. (17) “Practice of dentistry” means the evaluation, diagnosis, prevention, and treatment (nonsurgical, surgical or related procedures) of diseases, disorders, and conditions of the oral cavity, maxillofacial area, and the adjacent and associated structures and their impact on the human body provided by a dentist within the scope of the dentist’s education, training, and experience, in accordance with the ethics of the profession and applicable law. A person is construed to practice dentistry who by verbal claim, sign, advertisement, opening of an office, or in any other way, including use of the words “dentist,” “dental surgeon,” the letters “D.D.S.,” “D.M.D.,” or other letters or titles, represents the person to be a dentist, or who holds oneself out as able to perform, or who does perform, dental services or work. A person is regarded as practicing dentistry who is a manager, proprietor, operator, or conductor of a place for performing dental operations or who for a fee, salary, or other reward paid, or to be paid either to oneself or to another person, performs or advertises to perform dental operations of any kind. (18) “State” means the State of Delaware. (19) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the practice of dentistry or dental hygiene. (20) “Topical agents” means nonsystemic agents, including topical oral antimicrobial agents, fluoride, and desensitizing agents applied intraorally for the prevention and management of oral disease, for which a dental hygienist is educationally qualified and licensed to provide as defined by the Board. 73 Del. Laws, c. 332, §  3 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 262, §  20 ; 75 Del. Laws, c. 436, §  8 ; 77 Del. Laws, c. 463, §§  1, 2, 3 ; 79 Del. Laws, c. 261, §  1 ; 80 Del. Laws, c. 80, §  9 ; 81 Del. Laws, c. 79, § 37 ; 82 Del. Laws, c. 75, § 2 ; 82 Del. Laws, c. 261, §§  7, 16 ; 83 Del. Laws, c. 52, § 9 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 167, § 1 ; 85 Del. Laws, c. 417, § 1 ; § 1102 State Board of Dentistry and Dental Hygiene; appointments; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation. (a) There is created a State Board of Dentistry and Dental Hygiene which shall administer and enforce this chapter. (b) The Board shall consist of 9 members, appointed by the Governor, who are residents of this State, 5 of whom shall be dentists licensed under this chapter and who have been actively practicing dentistry in this State for a period of 5 years immediately preceding appointment to the Board; 1 member shall be a dental hygienist who has been actively practicing dental hygiene in this State for a period of 5 years immediately preceding appointment to the Board; and 3 public members who shall have been residents of this State for a period of 5 years immediately preceding appointment to the Board. The public members shall not be, nor ever have been, dentists or dental hygienists, nor members of the immediate family of a dentist or dental hygienist; shall not have been employed by a dentist; and shall not have a material interest in the providing of goods and services to dentists or dental hygienists, nor have been engaged in an activity directly related to dentistry or dental hygiene. The public members shall be accessible to inquiries, comments and suggestions from the general public. No public member shall have been licensed in any health related field or be licensed to practice law. No person shall be eligible for appointment to the Board who is in any manner connected with or interested in any dental college or the dental department of any college or university or the dental supply business. (c) Except as provided in subsection (d) of this section, each member shall serve a term of 3 years, and may succeed himself or herself for 1 additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only 1 additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor. (d) A person who has never served on the Board may be appointed to the Board for 2 consecutive terms; but, no such person shall thereafter be eligible for 2 consecutive appointments. No person who has been twice appointed to the Board or who has served on the Board for 6 years within any 9-year period shall again be appointed to the Board until an interim period of at least 1 year has expired since such person last served. (e) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment. (f) A member of the Board shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Board business until the charge is adjudicated or otherwise concluded. A Board member may appeal any suspension or removal to the Superior Court. (g) No member of the Board, while serving on the Board, shall hold elective office in any professional association of dentists or dental hygienists, including the Delaware State Dental Society and the Delaware Dental Hygienists’ Association. (h) The provisions set forth for “employees” in Chapter 58 of Title 29 shall apply to all members of the Board. (i) Any member who is absent without adequate reason for 3 consecutive meetings or fails to attend at least 1 / 2 of all regular business meetings during any calendar year shall be guilty of neglect of duty. (j) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel; and in addition, shall receive compensation per meeting attended in an amount determined by the Division in accordance with Del. Const. art. III, §  9. (k) A dentist and a dental hygienist from the same practice, or 2 dentists from the same practice, or 2 dental hygienists from the same practice, may not serve on the Board or the Dental Hygiene Advisory Committee at the same time. 11 Del. C. 1953, §§  1101-1103, 1005; 58 Del. Laws, c. 497, §  1 ; 59 Del. Laws, c. 547, §  7 ; 60 Del. Laws, c. 449, §  2 ; 61 Del. Laws, c. 179, §§  1, 2 ; 61 Del. Laws, c. 334, §§  4, 6 ; 63 Del. Laws, c. 290, §  8 ; 65 Del. Laws, c. 494, §  2 ; 67 Del. Laws, c. 130, §  8 ; 70 Del. Laws, c. 186, §  1 ; 70 Del. Laws, c. 266, §§  3, 4 ; 70 Del. Laws, c. 451, §§  1, 2 ; 71 Del. Laws, c. 31, §  1 ; 73 Del. Laws, c. 332, §  3 ; 77 Del. Laws, c. 463, §§  3, 4 ; 81 Del. Laws, c. 85, § 5 ; § 1103 Organization; meetings; officers; quorum. (a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year and at such times as the President deems necessary, or at the request of a majority of the Board members. (b) The Board annually shall elect a President and Secretary. Each officer shall serve for 1 year and shall not succeed himself or herself for more than 2 consecutive terms. (c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of 5 members of the Board. (d) When members of the Dental Hygiene Advisory Committee participate in voting on matters listed in § 1105(c)(1)-(5) of this title, the Board composition shall be 12 voting members, so that 7 members shall constitute a quorum. (e) Minutes of all meetings shall be recorded and copies shall be maintained by the Division of Professional Regulation. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it. 17 Del. Laws, c. 496, §  3 ; 21 Del. Laws, c. 242, §  2 ; 26 Del. Laws, c. 133, §  1 ; Code 1915, §  888; 38 Del. Laws, c. 48, §  2 ; Code 1935, §  969; 42 Del. Laws, c. 93, §  1 ; 24 Del. C. 1953, §  1104; 65 Del. Laws, c. 210, §§  3, 4, 12 ; 67 Del. Laws, c. 366, §  2 ; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 31, §  1 ; 73 Del. Laws, c. 332, §  3 ; 77 Del. Laws, c. 463, §  5 ; § 1104 Records. The Division of Professional Regulation shall keep a register of all approved applications for license as a dentist or a dental hygienist and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board. Code 1915, §  890; 38 Del. Laws, c. 48, §  2 ; Code 1935, §  971; 24 Del. C. 1953, §  1106; 65 Del. Laws, c. 210, §  12 ; 71 Del. Laws, c. 31, §  1 ; 73 Del. Laws, c. 332, §  3 ; § 1105 Dental Hygiene Advisory Committee. (a) There is created a State Dental Hygiene Advisory Committee which shall serve the Board on matters pertaining to the policy and practice of dental hygiene. (b) The Committee shall consist of 3 licensed dental hygienists, appointed by the Governor, who are residents of this State and who have been actively practicing dental hygiene in this State for 2 years immediately preceding appointment to the Committee. (1) No person shall be eligible for appointment to the Committee who is in any manner connected with or who has an interest in any dental hygiene college or the dental hygiene department of any college or university or any commercial dental enterprise. (2) Each member shall serve a term of 3 years and remain eligible to participate in proceedings unless and until replaced by the Governor. (3) All terms shall be staggered so that 1 new member is added and 1 member is retired each year. (4) A member of the Committee shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency or neglect of duty. (5) No member of the Committee shall hold elective office in any professional association of dental hygienists. (6) Each member of the Committee shall be reimbursed, according to the policy of the Division of Professional Regulation, for all expenses involved in each meeting, including travel; and in addition, shall receive $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year. (7) No 2 dental hygienists from the same practice may serve on the Advisory Committee at the same time. (c) The Committee shall participate with members of the Board in: (1) Voting on the qualifications of candidates who apply for licensure to practice dental hygiene; (2) Voting on the composition of the state dental hygiene clinical/practical examination; (3) Voting on the requirements for renewal of dental hygiene licenses; (4) Voting on disciplinary actions involving hygienists; and (5) Voting on other matters involving the policy and “practice of dental hygiene” as defined in § 1101 of this title and further defined in the Board’s rules and regulations. The Committee shall not vote on matters involving changing the scope of practice as defined in § 1101(16) of this title. 65 Del. Laws, c. 210, §  16 ; 71 Del. Laws, c. 31, §  1 ; 73 Del. Laws, c. 332, §  3 ; 77 Del. Laws, c. 463, §§  6-8 ; 79 Del. Laws, c. 261, §  1 ; 80 Del. Laws, c. 80, §  9 ; 82 Del. Laws, c. 75, § 2 ; 83 Del. Laws, c. 52, § 9 ; 85 Del. Laws, c. 167, § 1 ; 85 Del. Laws, c. 417, § 1 ; § 1106 Powers and duties of the Board. (a) The State Board of Dentistry and Dental Hygiene has the authority to: (1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act [Chapter 101 of Title 29] of this State. Each rule or regulation shall implement or clarify a specific section of this chapter; (2) Designate the application form to be used by all applicants, and to process all applications; (3) Examine candidates for licensure subject to § 8735(d)(5) of Title 29; a. Designate the written, standardized examination administered by the National Board of Dental Examiners to be taken by all persons applying for licensure; b. Prepare and administer a practical examination in dentistry and dental hygiene; c. Designate a written jurisprudence examination on the Delaware laws pertaining to dentistry to be taken by all persons applying for licensure; (4) Provide for the administration of all applicable examinations, including notice and information to applicants; (5) Evaluate the credentials of all persons applying for a license to practice dentistry and dental hygiene in order to determine whether such persons meet the qualifications for licensing set forth in this chapter; (6) Grant licenses to and renew licenses of all persons who meet the qualifications for licensure and/or renewal of licenses; (7) Establish by rule and regulation continuing education standards required for license renewal for dentists and dental hygienists; (8) Evaluate certified records to determine whether an applicant for licensure who has been previously licensed, certified or registered in another jurisdiction to practice dentistry or dental hygiene has engaged in any act or offense that would be grounds for disciplinary action under this chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicants for such acts or offenses; (9) Refer all complaints from licensees and the public concerning licensed dentists and dental hygienists or concerning practices of the Board or of the profession to the Division of Professional Regulation for investigation pursuant to § 8735 of Title 29 and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint; (10) Conduct hearings and issue orders in accordance with procedures established pursuant to this chapter, Chapter 101 of Title 29 and § 8735 of Title 29. Where such provisions conflict with the provisions of this chapter, this chapter shall govern. The Board shall determine whether or not a dentist or dental hygienist shall be subject to a disciplinary hearing and, if so, shall conduct such hearing in accordance with this chapter and the Administrative Procedures Act [Chapter 101 of Title 29]; (11) Where it has been determined after a disciplinary hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed; (12) Working in conjunction with the Board of Directors of the Delaware Institute of Dental Education and Research, develop programs to encourage and allow dentists to practice in under-served areas of the State, as designated by the Delaware Health Care Commission, in lieu of hospital-based residency training as a condition of licensure; (13) Issue a volunteer license to an individual who is duly licensed as a dentist or dental hygienist in this State or to any individual who has ever been so licensed provided proof of continued competence is provided to the satisfaction of the Board. Such individuals shall certify on the license application that the individual will perform no dental or dental hygiene services for any direct compensation and that the individual volunteers that individual’s time exclusively in a nonprofit dental clinic or nonprofit dental service designated by the Delaware Health Care Commission and approved by the Delaware State Board of Dentistry and Dental Hygiene. A volunteer license shall be issued at no charge to a qualified individual approved by the Board. All other costs associated with meeting the requirements for such license will remain the responsibility of the applicant. The applicant for a volunteer license shall be responsible for completing the continuing education required for an active Delaware licensee by the Board and shall adhere to all standards of practice and supervision required of a Delaware licensed dentist or dental hygienist. Any dentist or dental hygienist having a volunteer license shall not practice dentistry or dental hygiene in this State in any setting other than in an approved nonprofit dental clinic or nonprofit dental service. (14) Define 3 levels of supervision by rule and regulation. (15) Establish by rule and regulation the requirement to and standards for permits that authorize dentists to administer anesthetic agents. (16) Issue subpoenas requiring the production of and receive information regarding changes in hospital privileges as a result of disciplinary or other adverse action taken by a hospital, or regarding disciplinary or other adverse action taken by a dental society against any person certified under this chapter to practice dentistry or dental hygiene. (17) Establish by rule and regulation the requirement to and standards for permits that authorize dental hygienists to administer local anesthesia under the direct supervision of a licensed dentist. (b) The State Board of Dentistry and Dental Hygiene shall promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene. Code 1915, §  891; 38 Del. Laws, c. 48, §  2 ; Code 1935, §  972; 24 Del. C. 1953, §  1107; 70 Del. Laws, c. 186, §  1 ; 71 Del. Laws, c. 31, §  1 ; 72 Del. Laws, c. 481, §  1 ; 73 Del. Laws, c. 332, §  3 ; 74 Del. Laws, c. 262, §  21 ; 75 Del. Laws, c. 104, §  1 ; 77 Del. Laws, c. 463, §§  3, 9-13 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 167, § 2 ; § 1121 License required. (a) No person shall practice dentistry or dental hygiene or hold oneself out to the public in this State as being qualified to practice dentistry or dental hygiene or use in connection with the person’s name, or otherwise assume or use, any title or description conveying or tending to convey the impression that the person is qualified to practice dentistry or dental hygiene unless such person has been duly licensed under this chapter. (b) A dental hygienist licensed under this chapter shall practice dental hygiene only under the general supervision of a licensed dentist, in the office of the licensed dentist, or in any public school or other public institution of this State, except that a dental hygienist may only administer local anesthesia under the direct supervision of a licensed dentist. (c) A licensed dental hygienist may practice under the general supervision of the State Dental Director, or the State Dental Director’s designee, who shall be a licensed Delaware dentist, in schools and state institutions. A licensed dental hygienist may also practice under the general supervision of the State Dental Director, or the State Dental Director’s designee, who shall be a Delaware licensed dentist, in federally qualified health centers, nonprofit organizations, and other locations as designated by the Delaware Health Care Commission in consultation with Delaware Institute for Dental Education and Research. The protocols under which hygienists practice in these settings will be established by the State Dental Director and shall be subject to the approval of the Delaware State Board of Dentistry and Dental Hygiene. In any setting, a dental hygienist may only administer local anesthesia under the direct supervision of a licensed dentist. (d) The State Dental Director must be a Delaware licensed dentist or have a community health license under § 1132B of this title. The State Director is an employee of a government-operated dental clinic. (e) Whenever a license to practice as a dentist or dental hygienist in this State has expired or has been suspended or revoked, it shall be unlawful for the person to practice dentistry or dental hygiene in this State. 73 Del. Laws, c. 332, §  1 ; 70 Del. Laws, c. 186, §  1 ; 77 Del. Laws, c. 463, §  3 ; 83 Del. Laws, c. 420, § 1 ; 84 Del. Laws, c. 42, § 1 ; 85 Del. Laws, c. 167, § 3 ; § 1122 Qualifications of applicant for Delaware-specific dental license; report to Attorney General. (a) An applicant who is applying for licensure as a dentist under this section shall submit evidence, verified by oath and satisfactory to the Board, that the applicant meets all of the following: (1) Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association. (2) Before matriculating in a dental college or university, has completed at least 2 years of undergraduate study in an accredited college or university. (3) Meets 1 of the following: a. Has acquired 1 year’s experience as a dental intern within a general practice residency accredited by the Commission on Dental Accreditation of the American Dental Association (“CODA”). b. Has completed a CODA-approved specialty residency with those specific rotations identified in the Board’s rules and regulations. (4) Has achieved a passing score on the Delaware jurisprudence and National Board of Dental Examiners’ examinations. (5) Has successfully completed the Delaware practical examination under § 1123 of this title. (b) An applicant who is applying for licensure as a dental hygienist under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person has: (1) Graduated from high school or has received a general equivalency diploma (G.E.D.). (2) Graduated from a dental hygiene college or university program accredited by the Commission on Dental Accreditation of the American Dental Association of at least 2 academic years’ duration; or (3) Graduated, prior to 1953, from a dental hygiene program of at least 1 year’s duration, which program had been approved by the Board at the time of the person’s graduation; and (4) Achieved the passing score on all examinations prescribed by the Board. (c) All applicants shall have complied with the following conditions: (1) Shall submit proof of current certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board. (2) Shall not have been the recipient of any administrative penalties regarding the applicant’s practice of dentistry or dental hygiene, including but not limited to fines, formal reprimands, license suspension or revocation (except for license revocations for nonpayment of license renewal fees), or probationary limitations, or have entered into any “consent agreements” which contain conditions placed by a Board on the applicant’s professional conduct and practice, including any voluntary surrender of a license while under investigation the Board may determine, after a hearing or based on the documentation submitted, whether such administrative penalty is grounds to deny licensure. (3) Shall not have any impairment related to drugs or alcohol that would limit the applicant’s ability to undertake the practice of dentistry or dental hygiene in a manner consistent with the safety of the public. (4) Does not have a criminal conviction for a crime substantially related to the practice of dentistry or dental hygiene. If however, after considering the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation, the Board determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall, by an affirmative vote of a majority of the quorum, waive this paragraph (c)(4). No waiver may be granted for a conviction of a felony sexual offense. A conviction for a felony sexual offense shall be considered, notwithstanding the time limitation set forth in § 8735(x)(4) of Title 29. a.-e. [Repealed.] (5) Shall not have engaged in any of the acts or offenses that would be grounds for disciplinary action under this chapter, and shall not have been the recipient of any administrative penalties regarding that applicant’s practice as a dentist or dental hygienist, including but not limited to fines, formal reprimands, license suspensions or revocation, (except for license revocations for nonpayment of license renewal fees), probationary limitations, nor entered into any consent agreements which contain conditions placed by a Board on that applicant’s professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing or review of documentation whether such administrative penalty is grounds to deny licensure. (6) Submit, at the applicant’s expense, fingerprints and other necessary information in order to obtain the following: a. A report of the applicant’s entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person. b. A report of the applicant’s entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534). The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Dentistry and Dental Hygiene shall be the screening point for the receipt of said federal criminal history records. c. An applicant may not be certified to practice dentistry or dental hygiene until the applicant’s criminal history reports have been produced. An applicant whose record shows a prior criminal conviction related to the practice of dentistry or dental hygiene may not be certified by the Board unless a waiver is granted pursuant to paragraph (c)(4) of this section. (7) Shall submit to the Board a sworn or affirmed statement that the applicant is, at the time of application, physically and mentally capable of engaging in the practice of medicine according to generally accepted standards, and submit to such examination as the Board may deem necessary to determine the applicant’s capability. (d) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, the Board shall deny the application and report its findings to the Attorney General for further action. (e) All individuals licensed to practice dentistry and dental hygiene in this State shall be required to be fingerprinted by the State Bureau of Identification, at the licensee’s expense, for the purposes of performing subsequent criminal background checks. Licensees shall submit by January 1, 2016, at the applicant’s expense, fingerprints and other necessary information in order to obtain a criminal background check. 73 Del. Laws, c. 332, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 262, §  22 ; 75 Del. Laws, c. 436, §  9 ; 77 Del. Laws, c. 199, §  7 ; 77 Del. Laws, c. 463, §§  14-17 ; 78 Del. Laws, c. 44, §§  11-13 ; 78 Del. Laws, c. 147, §  1 ; 79 Del. Laws, c. 277, §  3 ; 80 Del. Laws, c. 314, § 1 ; 83 Del. Laws, c. 420, § 2 ; 83 Del. Laws, c. 433, § 8 ; § 1123 Examinations. (a) (1) An applicant applying for licensure by examination shall successfully pass, with a score established by the Board, a validated practical examination prepared and administered by the Board. (2) The examination required under paragraph (a)(1) of this section must be validated as to content and scoring by a member of the faculty of an accredited school of dentistry who meets all of the following: a. Is not licensed to practice dentistry in this State. b. Is selected by the Division and the Board. (3) An applicant who has failed the practical examination 3 times may not take the examination again unless the applicant can provide evidence of mitigating circumstances to the satisfaction of the Board. (b) An applicant applying for licensure by examination shall submit evidence, verified by oath satisfactory to the Board, that the person meets the following: (1) If applying for licensure as a dentist, that the person meets all of the following: a. Has received a degree in dentistry from a dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association. b. Has submitted proof satisfactory to the Board that the applicant has successfully completed the National Board of Dental Examiners’ examinations in dentistry with a passing score established by the Board. c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dentistry. (2) If applying for licensure as a dental hygienist, that the person meets all of the following: a. Has fulfilled the requirements under § 1122(b) of this title. b. Has submitted proof satisfactory to the Board that the applicant has successfully passed the National Board of Dental Examiners’ examination in dental hygiene with a passing score established by the Board. c. Has successfully passed a written jurisprudence examination on Delaware laws pertaining to dental hygiene. (3) [Repealed.] (c) All examinations under this section must be approved by the Division and the Board. 73 Del. Laws, c. 332, §  1 ; 74 Del. Laws, c. 61, §  1 ; 77 Del. Laws, c. 463, §  18 ; 83 Del. Laws, c. 420, § 3 ; § 1124 Dentists and dental hygienists licensed in other jurisdictions. (a) On payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board, the Board shall grant a license to practice dentistry or dental hygiene to each applicant who presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States and who meets all of the following criteria: (1) Has maintained the applicant’s license in “good standing” and has satisfied all requirements of § 1122(c)(2) through (c)(7) of this title. (2) For licensure as a dental hygienist, meet all of the following: a. Has practiced for a minimum of 3 of the last 5 years in the state in which the applicant currently is or has been licensed. b. Has passed the examinations required under § 1123(b)(2)b. and (b)(2)c. of this title. (3) For licensure as a dentist, meet all of the following: a. Has received a degree in dentistry from an accredited dental college or university accredited by the Commission on Dental Accreditation of the American Dental Association. b. Has submitted proof that the applicant has had 3 years of active dental practice in another state, the District of Columbia, or a territory of the United States. c. The requirements under § 1122(a)(1), (a)(2), (a)(4), and (a)(5) of this title. (4) [Repealed.] (5) Has submitted proof of a valid certification in cardiopulmonary resuscitation (CPR) technique in accordance with regulations adopted by the Board. (b) [Repealed.] (c) An applicant for licensure under this section shall have remained academically current, through continuing education or otherwise, as determined by the Board. 73 Del. Laws, c. 332, §  1 ; 70 Del. Laws, c. 186, §  1 ; 75 Del. Laws, c. 436, §  10 ; 77 Del. Laws, c. 463, §§  19-21 ; 83 Del. Laws, c. 420, § 4 ; § 1125 Fees. The amount to be charged for each fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division in its service on behalf of the Board. There shall be a separate fee charged for each service or activity, but no fee shall be charged for a purpose not specified in this chapter. The application fee shall not be combined with any other fee or charge. At the beginning of each licensure biennium, the Division, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium. 73 Del. Laws, c. 332, §  1 ; § 1126 Issuance and renewal of licenses; replacement of licenses. (a) The Board shall issue a license to each applicant who meets the requirements of this chapter for licensure as a dentist or dental hygienist and who pays the fee established in § 1125 of this title. (b) Each license shall be renewed biennially, in such manner as is determined by the Division, upon payment of the appropriate fee and submission of a renewal form provided by the Division, and proof that the licensee has met the continuing education requirements established by the Board and proof that the licensee has not been convicted of a crime substantially related to the practice of dentistry or dental hygiene unless a waiver is granted pursuant to § 1122(c)(4) of this title. (c) The Board, in its rules and regulations, shall determine the period of time within which a licensed dentist or dental hygienist may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date, provided however that such period shall not exceed 1 year. Any licensee who fails to renew on or before the renewal date, and any allowable extensions, not to exceed 1 year, will be considered a new applicant. (d) Any person whose license or certificate has expired for failure to make biennial registration over a period of more than 5 years and who has not been in the active full-time practice or dentistry or dental hygiene in another state or territory of the United States during the previous 5 years is required, in addition to applying as a new applicant, to submit to reexamination or other formal assessment of competency as approved by the Board. (e) All individuals licensed under this chapter, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such individual may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The Board may establish by regulation provisions for resuming active status. (f), (g) [Repealed.] 73 Del. Laws, c. 332, §  1 ; 77 Del. Laws, c. 199, §  8 ; 77 Del. Laws, c. 463, §§  22-26 ; 80 Del. Laws, c. 314, § 2 ; 82 Del. Laws, c. 8, § 3 ; § 1127 Complaints. (a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with § 8735 of Title 29, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation. (b) When it is determined that an individual is engaging or has engaged in the practice of dentistry or dental hygiene or is using the title “dentist” or “dental hygienist,” and is not licensed under the laws of this State, the Board shall report to the office of the Attorney General for appropriate action. (c) The Division shall have the authority to conduct inspections upon receipt of any complaint in connection with § 1128(12) of this title or upon the occurrence of an adverse event as defined in § 122(3)y.3.A. of Title 16 and, as applicable, refer such information to the Department of Health and Social Services pursuant to § 122(3)y. of Title 16. In connection herewith, the Division may share information with the Department of Health and Social Services in accordance with applicable law. 73 Del. Laws, c. 332, §  1 ; 78 Del. Laws, c. 15, §  6 ; § 1128 Grounds for discipline. A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 1129 of this title, if, after a hearing, the Board finds that the dentist or dental hygienist: (1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a dentist or dental hygienist, has impersonated another person holding a license or has allowed another person to use the practitioner’s license, or has aided or abetted a person not licensed as a dentist or dental hygienist to represent himself or herself as a dentist or dental hygienist; (2) Has practiced dentistry or dental hygiene in an incompetent or grossly negligent manner or has otherwise been guilty of misconduct or unprofessional conduct. In addition to such acts or omissions as the Board may define as unprofessional conduct by rules and regulations, unprofessional conduct shall include, but shall not be limited to, practicing in a corporation or other business entity which actually limits or restricts the exercise and application of professional judgment by the dentist or dental hygienist to the detriment of the dentist’s or dental hygienist’s patients; (3) [Repealed.] (4) Has been convicted of any offense the circumstances of which substantially relate to the practice of dentistry or dental hygiene. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence thereof; (5) Has engaged in an act of consumer fraud or deception, engaged in the illegal restraint of competition, or participated in illegal price-fixing activities; (6) Has violated a provision of this chapter or any regulation established thereunder; (7) Has had the practitioner’s license as a dentist or dental hygienist suspended or revoked, or has had other disciplinary action taken against the dentist or dental hygienist by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record, and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts prohibited by this chapter. Every person licensed as a dentist or dental hygienist in this State shall be deemed to have given consent to the release of this information by the Board or other comparable agency in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses; (8) Has failed to notify the Board that the practitioner’s license as a dentist or dental hygienist in another state has been subject to discipline or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; (9) Has a physical condition such that the performance of dentistry or dental hygiene is or may be injurious or prejudicial to the public; (10) Has had the practitioner’s United States Drug Enforcement Administration (DEA) privileges restricted or revoked; (11) Has engaged in the excessive use or abuse of drugs; (12) Has maintained a facility in an unsanitary or unsafe condition. For purposes of this section, “facility” shall have the same meaning as defined in § 122(3)y.3.C. of Title 16; (13) Has been convicted of a felony sexual offense; (14) Has failed to report child abuse or neglect as required by § 903 of Title 16, or any successor thereto; or (15) Has failed to report to the Division of Professional Regulation as required by § 1131A of this title. 73 Del. Laws, c. 332, §  1 ; 70 Del. Laws, c. 186, §  1 ; 74 Del. Laws, c. 262, §  23 ; 78 Del. Laws, c. 15, §  7 ; 78 Del. Laws, c. 147, §  2 ; § 1129 Disciplinary sanctions. (a) The Board may impose any of the following sanctions, singly or in combination, when it finds that 1 of the conditions or violations set forth in § 1128 of this title applies to a practitioner regulated by this chapter: (1) Issue a letter of reprimand; (2) Censure a practitioner; (3) Place a practitioner on probationary status and require the practitioner to: a. Report regularly to the Board upon the matters which are the basis of the probation; b. Limit all practice and professional activities to those areas prescribed by the Board; (4) Suspend any practitioner’s license; (5) Revoke any practitioner’s license; (6) Impose a monetary penalty not to exceed $1,000 for each violation; (7) Take such other disciplinary action as the Board may deem necessary and appropriate; (8) The Board shall permanently revoke the certificate to practice dentistry or dental hygiene of a person who is convicted of a felony sexual offense. (b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies which required such action have been remedied. (c) In the event of a formal or informal complaint concerning the activity of a licensee that presents a clear and immediate danger to the public health, safety or welfare, the Board may temporarily suspend the person’s license, pending a hearing, upon the written order of the Secretary of State or the Secretary’s designee, with the concurrence of the Board chair or the Board chair’s designee. An order temporarily suspending a license may not be issued unless the person or the person’s attorney received at least 24 hours’ written or oral notice before the temporary suspension so that the person or the person’s attorney may file a written response to the proposed suspension. The decision as to whether to issue the temporary order of suspension will be decided on the written submissions. An order of temporary suspension pending a hearing may remain in effect for no longer than 60 days from the date of the issuance of the order unless the temporarily suspended person requests a continuance of the hearing date. If the temporarily suspended person requests a continuance, the order of temporary suspension remains in effect until the hearing is convened and a decision is rendered by the Board. A person whose license has been temporarily suspended pursuant to this section may request an expedited hearing. The Board shall schedule the hearing on an expedited basis, provided that the Board receives the request within 5 calendar days from the date on which the person received notification of the decision to temporarily suspend the person’s license. (d) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may impose such disciplinary or corrective measures as are authorized under this chapter. (e) As a condition to reinstatement of a suspended license or removal from probationary status, the Board may reinstate such license if after a hearing the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation and can practice dentistry or dental hygiene with reasonable skill and safety to the public. (f) Applicants for reinstatement shall pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension or probation have been met. Proof that the applicant has met the continuing education requirements of this chapter may also be required, as appropriate. 73 Del. Laws, c. 332, §  1 ; 77 Del. Laws, c. 463, §§  27-29 ; 78 Del. Laws, c. 147, §  3 ; 79 Del. Laws, c. 213, §  2 ; § 1130 Hearing procedures. (a) If a complaint is filed with the Board by the office of the Attorney General pursuant to § 8735 of Title 29 alleging violation of § 1128 of this title, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29. (b) The technical rules of evidence shall not apply to hearings before the Board. If the Board finds, by a majority vote of all members hearing the case, that the complaint has been established by a preponderance of evidence, the Board shall take such action permitted under this chapter as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner. (c) Where the practitioner is in disagreement with the action of the Board, the practitioner may appeal the Board’s decision to the Superior Court. 73 Del. Laws, c. 332, §  1 ; 70 Del. Laws, c. 186, §  1 ; § 1131 Duty to self-report. (a) A licensee shall self-report to the Board: (1) Any arrest or the bringing of an indictment or information charging the licensee with a crime substantially related to the practice of dentistry and dental hygiene as defined in the Board’s rules and regulations. (2) The conviction of the licensee, including any verdict of guilty or plea of guilty or no contest, of any crime substantially related to the practice of dentistry and dental hygiene as defined by the Board in its rules and regulations. (b) The report required by this section shall be made in writing within 30 days of the date of the arrest, bringing of the indictment or information or of the conviction. (c) Failure to make a report required by this section constitutes grounds for discipline under § 1128 of this title. 77 Del. Laws, c. 463, §  31 ; § 1131A Duty to report conduct that constitutes grounds for discipline or inability to practice. (a) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider has engaged in or is engaging in conduct that would constitute grounds for disciplinary action under this chapter or the other healthcare provider’s licensing statute. (b) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation in writing information that the licensee reasonably believes indicates that any other practitioner licensed under this chapter or any other healthcare provider may be unable to practice with reasonable skill and safety to the public by reason of mental illness or mental incompetence; physical illness; including deterioration through the aging process or loss of motor skill; or excessive abuse of drugs, including alcohol. (c) Every person to whom a license to practice has been issued under this chapter has a duty to report to the Division of Professional Regulation any information that the reporting person reasonably believes indicates that a person certified and registered to practice medicine in this State is or may be guilty of unprofessional conduct or may be unable to practice medicine with reasonable skill or safety to patients by reason of mental illness or mental incompetence; physical illness, including deterioration through the aging process or loss of motor skill; or excessive use or abuse of drugs, including alcohol. (d) All reports required under subsections (a), (b) and (c) of this section must be filed within 30 days of becoming aware of such information. A person reporting or testifying in any proceeding as a result of making a report pursuant to this section is immune from claim, suit, liability, damages, or any other recourse, civil or criminal, so long as the person acted in good faith and without gross or wanton negligence; good faith being presumed until proven otherwise, and gross or wanton negligence required to be shown by the complainant. 78 Del. Laws, c. 147, §  4 ; § 1131B Treatment or examination of minors. (a) A parent, legal guardian or other caretaker, or adult staff member, shall be present when a person licensed or certified to practice dentistry or dental hygiene under this chapter provides services to a minor, regardless of the sex of the licensed or certified person and minor, whenever a door to the treatment room is required to be closed or any time the minor is sedated. (b) When a minor is to receive services, the person licensed or certified to practice dentistry or dental hygiene under this chapter shall provide notice to the parent, legal guardian or other caretaker of the rights under subsection (a) of this section. The notice shall be provided in written form and shall be posted conspicuously in the location where services will be provided. (c) For the purposes of this section, “minor” is defined as a person 15 years of age or younger, “adult staff member” is defined as a person 18 years of age or older who is acting under the direction of the licensed person or the employer of the licensed person or who is otherwise licensed under this chapter. (d) The person licensed under this chapter that provides treatment to a minor pursuant to this section shall, contemporaneously with such treatment, note in the patient’s record the name of each person present when such treatment is being provided. 79 Del. Laws, c. 169, §  4 ; § 1132 Limited license — Fee. (a) Upon completion of an application approved by the Board and payment of a fee established by the Division, the Board may issue a limited license to an applicant for licensure as a dentist who has fulfilled the requirements of § 1122(a)(1) and (2) of this title, and who furnishes proof satisfactory to the Board that the applicant has been appointed a dental intern in a hospital or other institution maintained by this State, by a county or municipality thereof, or in a hospital or dental infirmary incorporated under the laws of this State. (b) The limited license shall entitle the applicant to practice dentistry only in the hospital or other institution designated on the license and only on bona fide patients of the hospital or institution and under the direction of a licensed dentist employed therein or on the staff thereof. (c) The applicant for limited license shall comply with the provisions of § 1122(c)(1)-(7) of this title. (d) The holder of a limited license shall be bound by all other applicable provision of this chapter. (e) The limited license shall be renewed annually. 73 Del. Laws, c. 332, §  1 ; 77 Del. Laws, c. 463, §  32 ; § 1132A Academic license — Director or chairperson of a hospital dental or hospital oral and maxillofacial surgery residency program. (a) On completion of an application approved by the Board and payment of a fee established by the Division, in accordance with § 1125 of this title, the Board may issue an academic license to an applicant for licensure as a dentist who has fulfilled the following requirements: (1) Meets the requirements of § 1122(a)(1), (2), and (3) of this title. (2) Presents proof of current licensure in “good standing” in another state, the District of Columbia, or territory of the United States. (3) The applicant furnishes proof satisfactory to the Board that the applicant is “Board Certified” or is “Board Eligible” in general dentistry or in a specialty of dentistry. (4) The applicant furnishes proof satisfactory to the Board that the applicant has been appointed a full-time director, chairperson, or an attending faculty member of a hospital based dental, oral and maxillofacial surgery, or other dental specialty residency program of a hospital system that is based in Delaware and that is accredited by, is establishing, or has received Initial Accreditation by the Commission on Dental Accreditation of the American Dental Association (CODA) for the purposes of teaching. (b) The academic license shall entitle the applicant to practice dentistry or oral and maxillofacial surgery only in the institution designated on the license and on bona fide patients in an academic setting for teaching purposes. (c) The applicant for this academic license shall comply with the provisions of § 1122(a)(1)-(3), (c)(1)-(7) and (d) of this title. (d) The holder of an academic license shall be bound by all other applicable provisions of this chapter. (e) The academic license shall be renewed biennially. (f) If the applicant was in the process of acquiring a “Board Certification” or “Board Eligible” when the academic license was granted, the applicant must obtain full “Board Certification” in general dentistry or in a specialty of dentistry within 5 years. If this “Board Certification” is not obtained then the Board shall not approve renewal of this academic license. (g) If the applicant is an appointee to a hospital-based dental or specialty residency program undergoing initial CODA accreditation, the program must complete full accreditation within 2 years. If the program does not have CODA accreditation after 2 years, the Board may approve an extension of the academic license after review of program status. (h) An individual who received an academic license under this section before June 19, 2014, may retain the academic lic