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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsOctober 2017

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24 DE Admin. Code 1100
The Delaware Board of Dentistry and Dental Hygiene pursuant to 24 Del.C. §1106(a)(1), proposed to revise its regulations. The proposed amendments to regulation eight add regulatory provisions for inactive status pursuant to 24 Del.C. §1126(e). The proposed changes to Regulation 11 eliminate several crimes that are listed as substantially related to the practice of dentistry and dental hygiene, and the proposed addition of Regulation 13 adds provision for the practice of teledentistry pursuant to 24 Del.C. §1101(19).
Following publication in the Delaware Register of Regulations on February 1, 2017, a public hearing was held on March 18, 2017, at a regularly scheduled meeting of the Delaware Board of Dentistry and Dental Hygiene to receive verbal comments regarding the Board's proposed amendments to its regulations. No comments were submitted at that time.
Board Exhibit 1 - Affidavit of publication of the public hearing notice in the News Journal;
Board Exhibit 2 - Affidavit of publication of the public hearing notice in the Delaware State News;
3. Pursuant to 24 Del.C. §1106(a)(1) the Board has statutory authority to promulgate rules and regulations clarifying specific statutory sections of its statute.
4. The proposed changes to regulation eight add regulatory provisions for inactive status pursuant to 24 Del.C. §1126(e). The proposed changes to Regulation 11 eliminate several crimes that are listed as substantially related to the practice of dentistry and dental hygiene, and the proposed addition of Regulation 12 adds provision for the practice of teledentistry pursuant to 24 Del.C. §1101(19).
NOW THEREFORE, pursuant to 24 Del.C. §1106(a)(1) and for the reasons set forth above, the Board of Dentistry and Dental Hygiene does hereby ORDER that the regulations be, adopted and promulgated as set forth in the Delaware Register of Regulations. The effective date of this Order is ten days from the date of its publication in the Delaware Register of Regulations, pursuant to 29 Del.C. §10118(g). The new regulations are attached hereto as Exhibit A.
SO ORDERED this 17th day of August, 2017.
BOARD OF DENTISTRY AND DENTAL HYGIENE
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.
6.5.1.1 American Dental Association (ADA), its constituents and components including CERP (Continuing Education Recognition Program)
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.
6.12.4 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.
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.
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.
11.1.21 §602(b). Aggravated Menacing;
11.1.32 §603. Reckless endangering in the second degree;
11.1.43 §604. Reckless endangering in the first degree;
11.1.54 §605. Abuse of a pregnant female in the second degree;
11.1.65 §606. Abuse of a pregnant female in the first degree;
11.1.76 §611. Assault in the third degree;
11.1.87 §612. Assault in the second degree;
11.1.98 §613. Assault in the first degree;
11.1.109 §614. Assault on a sports official;
11.1.1110 §615. Assault by abuse or neglect;
11.1.1211 §616. Gang Participation;
11.1.1312 §621. Terroristic threatening;
11.1.1513 §625. Unlawfully administering drugs;
11.1.1614 §626. Unlawfully administering controlled substance or counterfeit substance or narcotic drugs;
11.1.1915 §629. Vehicular assault in the first degree;
11.1.2016 §630. Vehicular homicide in the second degree;
11.1.2117 §630A. Vehicular homicide in the first degree;
11.1.2218 §631. Criminally negligent homicide;
11.1.2319 §632. Manslaughter;
11.1.2420 §633. Murder by abuse or neglect in the second degree;
11.1.2521 §634. Murder by abuse or neglect in the first degree;
11.1.2622 §635. Murder in the second degree;
11.1.2723 §636. Murder in the first degree;
11.1.3124 §763. Sexual harassment;
11.1.3225 §764. Indecent exposure in the second degree;
11.1.3326 §765. Indecent exposure in the first degree;
11.1.3427 §766. Incest;
11.1.3528 §767. Unlawful sexual contact in the third degree;
11.1.3629 §768. Unlawful sexual contact in the second degree;
11.1.3730 §769. Unlawful sexual contact in the first degree;
11.1.3831 §770. Rape in the fourth degree;
11.1.3932 §771. Rape in the third degree;
11.1.4033 §772. Rape in the second degree;
11.1.4134 §773. Rape in the first degree;
11.1.4235 §776. Sexual extortion;
11.1.4436 §778. Continuous sexual abuse of a child;
11.1.4537 §780. Female genital mutilation;
11.1.4638 §781. Unlawful imprisonment in the second degree;
11.1.4739 §782. Unlawful imprisonment in the first degree;
11.1.4840 §783. Kidnapping in the second degree;
11.1.4941 §783A. Kidnapping in the first degree;
11.2.74 §820. Trespassing with intent to peer or peep into a window or door of another;
11.2.105 §823. Criminal trespass in the first degree;
11.2.116 §824. Burglary in the third degree;
11.2.127 §825. Burglary in the second degree;
11.2.138 §826. Burglary in the first degree;
11.2.149 §828. Possession of burglar’s tools or instruments facilitating theft;
11.2.1510 §831. Robbery in the second degree;
11.2.1611 §832. Robbery in the first degree;
11.2.1712 §835. Carjacking in the second degree;
11.2.1813 §836. Carjacking in the first degree;
11.2.1914 §840. Shoplifting; class G felony;
11.2.2115 §841. Theft;
11.2.3217 §854. Identity theft;
11.2.3518 §861. Forgery; class F felony;
11.2.3619 §862. Possession of forgery devices;
Offenses Involving Falsification of Records
Bribery Not Involving Public Servants
11.2.4320 §881. Bribery;
11.2.4421 §882. Bribe receiving;
11.2.4522 §891. Defrauding secured creditors;
11.2.4623 §892. Fraud in insolvency;
11.2.4824 §900. Issuing a bad check (felony);
11.2.4925 §903. Unlawful use of credit card;
11.2.5326 §907A. Criminal impersonation, accident related;
11.2.5427 §907B. Criminal impersonation of a police officer;
11.2.6028 §913. Insurance fraud;
11.2.6129 §913A. Health care fraud;
11.2.6530 §917. New home construction fraud;
Offenses Relating to Recorded Devices
11.3.1413 §1114A. Tongue-splitting;
11.3.1614 §1325. Cruelty to animals;
11.3.1715 §1326. Animals; fighting and baiting prohibited;
11.4.53 §1207. Improper influence;
11.4.64 §1211. Official Misconduct;
11.4.75 §1212. Profiteering;
11.4.86 §1221. Perjury in the third degree;
11.4.97 §1222. Perjury in the second degree;
11.4.108 §1223. Perjury in the first degree;
11.4.119 §1233. Making a false written statement;
11.4.1210 §1239. Wearing a disguise during commission of a felony;
11.4.1311 §1240. Terroristic threatening of public officials or public servants;
11.4.1412 §1244. Felony hindering prosecution;
11.4.1513 §1245. Felony false reporting an incident
11.4.2014 §1252. Felony escape;
11.4.2115 §1253. Escape after conviction.
11.4.2216 §1254. Assault in a detention facility;
11.4.2317 §1256. Felony promoting prison contraband;
11.4.2718 §1261. Bribing a witness;
11.4.2819 §1262. Bribe receiving by a witness;
11.4.2920 §1263. Tampering with a witness;
11.4.3021 §1263A. Interfering with child witness;
11.4.3122 §1264. Bribing a juror;
11.4.3223 §1265. Bribe receiving by a juror;
11.4.3324 §1266. Tampering with a juror;
11.4.3425 §1267. Misconduct by a juror;
11.4.3526 §1269. Tampering with physical evidence.
11.6.149 §4767. Distribution, delivery, or possession of controlled substance within 1,000 feet of school property;
11.6.1510 §4768. Distribution, delivery or possession of controlled substance in or within 300 feet of park, recreation area, church, synagogue or other place of worship;
11.6.1611 §4774. Drug paraphernalia.
11.6.24 Drug paraphernalia; felony. 16 Del.C. §4771(a) and (b).
11.7.42 §1445. Felony unlawfully dealing with a dangerous weapon;
11.7.53 §1447. Possession of a deadly weapon during commission of a felony;
11.7.64 §1447A. Possession of a firearm during commission of a felony;
11.7.75 §1448. Possession and purchase of deadly weapons by persons prohibited;
11.7.106 §1450. Receiving a stolen firearm;
11.7.117 §1451. Theft of a firearm;
11.7.148 §1454. Giving a firearm to person prohibited;
11.7.159 §1455. Engaging in a firearms transaction on behalf of another;
11.7.1610 §1456. Unlawfully permitting a minor access to a firearm;
11.7.1711 §1457. Felony Possession of a weapon in a Safe School and Recreation Zone;
11.7.1812 §1458. Removing a firearm from the possession of a law enforcement officer;
11.7.1913 §1459. Possession of a weapon with a removed, obliterated or altered serial number;
11.7.2014 §1471. Prohibited Acts; Offenses Involving Organized Crime and Racketeering
11.7.2115 §1504. Criminal Penalties for Organized Crime & Racketeering;
11.7.2216 §3533. Aggravated act of intimidation;
11.8.192 §2302. Operation of a vessel or boat while under the influence of intoxicating liquor and/or drugs (felony);
11.8.213 §571. Attempt to evade or defeat tax; class E felony;
11.8.224 §572. Failure to collect or pay over tax; class E felony;
11.8.235 §573. Failure to file return, supply information or pay tax; class A misdemeanor;
11.8.246 §574. Fraud and false statements; class E felony;
Title 31 Welfare
11.8.367 §4177. Felony Driving a vehicle while under the influence or with a prohibited alcohol content; evidence; arrests; and penalties;
11.8.378 §4177M. Operating a commercial motor vehicle with a prohibited blood alcohol concentration or while impaired by drugs;
11.8.389 §4202. Felony Duty of driver involved in accident resulting in injury or death to any person; penalty;
11.8.4210 §6704. Receiving or transferring stolen vehicle; penalty;
11.8.6511 §210. Alteration, Theft or Destruction of Will
11.8.6612 §2513. Felony Penalties Relating To Improper Health-Care Decisions;
11.8.6713 §7112. Felony Penalties for Violations of Chapter;
11.8.6814 §7416. Penalties for Violating Statute Governing Radiation Control;
11.8.6915 §903. Deadly Weapons Dealers – Sale to Persons under 21 or Intoxicated Persons;
11.8.7016 §3913. Felony Violations – Knowing or Reckless Abuse of an Infirm Adult.
Last Updated: December 31 1969 19:00:00.
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