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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 1100
The Delaware Board of Dentistry and Dental Hygiene, pursuant to 24 Del.C. §1106(a)(1), proposes to revise its regulations. The proposed amendments to Regulation six clarify that live webinars will be accepted as face to face CEs. The proposed amendments to Regulation eight add regulatory provisions for inactive status pursuant to 24 Del.C. §1126(e). The proposed amendment to Regulation 10 seeks to incorporate by reference the Board's clinical examination guidelines into its regulations. The proposed changes to Regulation 11 amend technical errors in the substantially related crimes list and adds the crime of misuse of the Prescription Monitoring Program. The proposed change at Regulation 12 adds a requirement that licensees update the Division of Professional Regulation within 10 days of a change in their contact information.
1.1 Direct Supervision - The dentist is present in the office, personally examines the patient and specifically authorized the work to be performed. The dentist checks the work before the patient leaves the office.
1.2 Indirect Supervision - A dentist is present in the office and generally authorizes the work to be performed. The dentist may examine the patient, either before or after work is performed. The dentist is available for consultation during the patient visit.
1.3 General Supervision - A dentist may or may not be present in the office while the work is performed. The dentist authorizes the work to be performed. Emergency care and consultant services are provided by an "on-call" dentist not present in the treatment facility, if the primary dentist is not present.
1.4 Dental Technician - 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.
4.5.1 Active practice shall be defined as an average of at least 1000 hours of direct patient care per year. Satisfactory evidence of active practice may include, but is not limited to, W-2 forms, 1099 forms, tax returns, and/or written verification of hours from the dental practice administrator. The Board reserves the right to request supplemental verification and to reject incomplete documentation.
5.7 Practice in a Public Health Institution - A licensed dental hygienist, per 24 Del.C. §1121(c), may operate under the general direction of a dentist in an institution, provided that all of the conditions of general supervision are met.
6.56.4 CPE credits may be granted upon proof of successful completion of scientific CPE programs or courses, including live webinars, sponsored or approved by:
6.5.1 Scientific CPE programs or courses, and/or the scientific sessions of meetings including live webinars, sponsored or approved by:
6.5.1.1 6.4.1 American Dental Association (ADA), its constituents and components including CERP (Continuing Education Recognition Program)
6.5.1.2 6.4.2 American Dental Hygienists’ Association (ADHA), its constituents and components
6.5.1.3 6.4.3 American Dental Assisting Association (ADAA), its constituents and components
6.5.1.4 6.4.4 Academy of General Dentistry (AGD) its constituents and components including PACE (Program Approval for Continuing Education)
6.5.1.5 6.4.5 Recognized national, regional, state and local dental and dental hygiene specialty organizations
6.5.1.6 6.4.6 Recognized dental and dental hygiene study clubs
6.5.1.7 6.4.7 Accredited dental and dental hygiene CPE programs offered by dental and dental hygiene schools.
6.5.1.8 6.4.8 Approved hospital programs.
6.5.1.9 6.4.9 Such other organizations and associations as may be approved by the Board.
6.5.2 In addition to the maximum of ten (10) hours of the CPE requirement which may be satisfied by self-study without testing and certification, a maximum of twenty (20) hours of the total CPE requirements may be fulfilled by self-study with test and certificate of completion from bona fide dental educational sources including but not limited to:
6.5.2.1 Dental journals
6.5.2.6 Dental lectures and courses presented via electronic media including computer disks where CPE credits are not specified, one (1) hour of credit will be given for each hour of scientific session attended.
6.8.4 Sanctions for Unjustified Noncompliance. If the Board finds unjustified non-compliance, the Board will impose discipline in accordance with 29 Del.C. §1129 which may include, but is not limited to monetary penalties up to $1,000, suspension and/or revocation of a practitioner's license.
6.9.4.1 Scientific CPE programs or courses, and/or scientific sessions of meetings including live webinars, sponsored or approved by:
6.12.4 Sanctions for Unjustified Noncompliance. If the Board finds unjustified non-compliance, the Board will impose discipline in accordance with 29 Del.C. §1129 which may include, but is not limited to monetary penalties up to $1,000, suspension and/or revocation of a practitioner's license.
The following definitions are taken from the Guidelines for Teaching the Comprehensive Control of Pain and Anxiety in Dentistry, American Dental Association, Council on Dental Education (July 1993). These terms refer to the extent of a drug’s depressant effect upon the central nervous system and should not be confused with the route by which the drug is administered.
8.18.2 To apply for reactivation of an inactive license, a licensee shall:
8.1.18.2.1 Submit a letter requesting reactivation;
8.1.28.2.2 Submit a prorated reactivation fee;
8.1.38.2.3 Submit proof of completion of the continuing education requirements set forth below;
8.1.3.18.2.3.1 All licensees who are inactive for one year or less must complete one half of the required CPE requirement prior to reactivation;
8.1.3.28.2.3.2 All licensees who are inactive for more than one year must complete the full CPE requirement within 24 months prior to reapplication.
10.4 Dentistry or dental hygiene candidates, other than dental hygiene candidates who qualify for licensure under 24 Del.C. §1124, must have passed the applicable practical clinical examination within five years of application for licensure in Delaware. The Board reserves the right to waive this requirement for just cause.
10.5 10.6 Any dentistry or dental hygiene applicant who fails the practical clinical examination may appeal the Board’s decision. Such appeal shall be filed in writing with the Director of the Division of Professional Regulation within 20 days of the date of notification by the Board. Appeals are based on the facts surrounding the examiners decisions during the examination. Appeals based on patient behavior, tardiness, or failure to appear will not be considered.
10.5.1 10.6.1 Appeal hearings shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29.
10.5.2 10.6.2 The Board’s scoring of the examination is presumed correct, and the burden of proof at an appeal hearing is on the appellant to prove otherwise. The appeal is limited to a determination of whether there exists substantial evidence to support the judgment of the examiners at the time of the examination.
10.5.2.1 10.6.2.1 The appeal panel may only consider documents, radiographs, and materials submitted during the examination that remain in the possession of the Board. The panel will not consider documentation or evidence that was not part of the examination, including opinions of the candidate or any other party, academic records, or letters of reference. The panel will not consider radiographs, photographs, or models of a patient taken after the completion of the examination.
Authority. Pursuant to 74 Del. Laws. c.262, (Senate Bill No. 229 of the 142nd General Assembly, 2004, as amended), the Board was directed to promulgate regulations specifically identifying those crimes which are substantially related to the practice of dentistry and dental hygiene.
Purpose. The Board of Dentistry and Dental Hygiene believes that the State of Delaware has a compelling public policy interest in ensuring that its licensed professionals not only have specified levels of educational and professional competence but also possess sufficient character and judgment necessary to practice safely in their chosen fields and to do so in a manner which will not undermine the community’s confidence in the expertise and professionalism of the members of the profession. Licensed professionals, particularly those in health care related fields, often come into contact with clients and patients and other members of the public at times when they may be sick, infirmed or otherwise extremely vulnerable to undue influence or other forms of misuse, fraud and abuse. It is therefore critical that all reasonable steps are taken to determine, to the extent possible, that the regulation of such professionals takes into consideration not only the individual’s technical competence but his or her demonstrated propensity to behave in a way that does not expose the client population to risk or diminish legitimate expectations of honest and honorable behavior by such licensed health care professionals. Therefore, the Board finds that for purposes of licensing, renewal, reinstatement and discipline, the conviction of any of the following crimes, or of the attempt to commit or a conspiracy to commit or conceal the following crimes or substantially similar crimes in another state or jurisdiction, is deemed to be substantially related to the practice of Dentistry and Dental Hygiene in the State of Delaware without regard to the place of conviction:
Conviction”, unless otherwise defined by specific statute, means a verdict of guilty by whether entered by a judge or jury, or a plea of guilty or a plea of nolo contendere or other similar plea such as a “Robinson” or “Alford” plea unless the individual has been discharged under §4218 of Title 11 of the Delaware Code (probation before judgment) or under §1024 of Title 10 (domestic violence diversion program) or by §4764 of Title 16 (first offenders controlled substances diversion program).
Substantially similar crimes in another state or jurisdiction” includes all crimes prohibited by or punishable under Title 18 of the United Stated Code Annotated (U.S.C.A.) such as, but not limited to, Federal Health Care offenses.
11.1.9 §614. Assault Abuse on a sports official;
11.1.35 §776774. Sexual extortion;
11.1.36 §778776. Continuous sexual abuse of a child;
11.2.25 §903. Unlawful use of credit a payment card;
11.2.27 §907B. Criminal impersonation of a police officer, firefighter, emergency medical technician (EMT), paramedic or fire police;
11.3.1 §1100A. Dealing in children;
11.3.4 §1105. Endangering the welfare of an incompetent person Crime against a vulnerable adult;
11.3.8 §1109. Unlawfully dDealing in child pornography;
11.5.3 §1312A. Felony Stalking;
11.6.1 §4751. Prohibited acts A; §4798. Misuse of the PMP;
11.6.2 §4752. Prohibited acts B Drug dealing—Aggravated possession; Class B felony;
11.6.411.6.3 §4753. Prohibited acts C Drug dealing—Aggravated possession; Class C felony;
11.6.611.6.4 §4754. Prohibited acts D Drug dealing—Aggravated possession; Class D felony;
11.6.811.6.5 §47554758. Prohibited acts E Unlawful dealing in a counterfeit or purported controlled substance;
11.6.911.6.7 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property §4757 Miscellaneous drug crimes; Class B, C, and F Felonies;
11.6.2411.6.8 §4774.Drug paraphernalia; felony. 16 Del.C. §4771(a) and (b).
11.8.13 §71127113. Felony Penalties for Violations of Chapter;
Last Updated: December 31 1969 19:00:00.
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