§ 90-229. Disciplinary measures.
§ 90‑229. Disciplinary measures.
(a) The North Carolina State Board of Dental Examiners shallhave the power and authority to (i) Refuse to issue a license to practicedental hygiene; (ii) Refuse to issue a certificate of renewal to practicedental hygiene; (iii) Revoke or suspend a license to practice dental hygiene;[and] (iv) Invoke such other disciplinary measures, censure or probative termsagainst a licensee as it deems proper; in any instance or instances in whichthe Board is satisfied that such applicant or licensee:
(1) Has engaged in any act or acts of fraud, deceit ormisrepresentation in obtaining or attempting to obtain a license or the renewalthereof;
(2) Has been convicted of any of the criminal provisions of thisArticle or has entered a plea of guilty or nolo contendere to any charge orcharges arising therefrom;
(3) Has been convicted of or entered a plea of guilty or nolocontendere to any felony charge or to any misdemeanor charge involving moralturpitude;
(4) Is a chronic or persistent user of intoxicants, drugs ornarcotics to the extent that the same impairs her ability to practice dentalhygiene;
(5) Is incompetent in the practice of dental hygiene;
(6) Has engaged in any act or practice violative of any of theprovisions of this Article or violative of any of the rules and regulationspromulgated and adopted by the Board, or has aided, abetted or assisted anyother person or entity in the violation of the same;
(7) Has practiced any fraud, deceit or misrepresentation uponthe public or upon any individual in an effort to acquire or retain any patientor patients;
(8) Has made fraudulent or misleading statements pertaining toher skill, knowledge, or method of treatment or practice;
(9) Has committed any fraudulent or misleading acts in thepractice of dental hygiene;
(10) Has, in the practice of dental hygiene, committed an act oracts constituting malpractice;
(11) Has employed a person not licensed in this State to do orperform any act or service, or has aided, abetted or assisted any suchunlicensed person to do or perform any act or service which cannot lawfully bedone or performed by such person;
(12) Has engaged in any unprofessional conduct as the same may befrom time to time, defined by the rules and regulations of the Board;
(13) Is mentally, emotionally, or physically unfit to practicedental hygiene or is afflicted with such a physical or mental disability as tobe deemed dangerous to the health and welfare of patients. An adjudication ofmental incompetency in a court of competent jurisdiction or a determinationthereof by other lawful means shall be conclusive proof of unfitness topractice dental hygiene unless or until such person shall have beensubsequently lawfully declared to be mentally competent.
(b) As used in this section the term "licensee"includes licensees and provisional licensees and the term "license"includes licenses and provisional licenses. (1945, c. 639, s. 8; 1971, c. 756, s. 8; 1997‑456, s. 27.)