New Hampshire Code of Administrative Rules
Den - State Board of Registration of Funeral Directors and Embalmers
Chapter Den 400 - DENTAL ASSISTANTS AND HYGIENISTS DUTIES
Part Den 404 - REVOCATION, SUSPENSION AND OTHER SANCTIONS, INCLUDING NON-DISCIPLINARY SUBSTANCE ABUSE RECOVERY PROGRAM
Section Den 404.01 - Misconduct

Universal Citation: NH Admin Rules Den 404.01

Current through Register No. 40, October 3, 2024

Misconduct shall be:

(a) Addiction to mind-altering drugs or intoxicants;

(b) Commission of any felony or misdemeanor involving dishonesty, untrustworthiness, or unprofessional conduct;

(c) Any administrative or criminal conviction involving moral turpitude;

(d) The practice of fraud or untruthfulness in obtaining educational credentials, examination scores, or professional licensure in this or any other jurisdiction;

(e) Affliction with a physical or mental impairment or disease which is dangerous to the public health or which precludes the practice of dentistry or dental hygiene at ordinary levels of proficiency;

(f) Ignorance, incompetence, or a pattern of behavior inconsistent with the basic knowledge and skills expected of persons licensed to practice dentistry or dental hygiene;

(g) Gross or repeated negligence in practicing dentistry or dental hygiene;

(h) Intentionally injuring a patient or engaging in any other unprofessional or dishonest conduct in practicing dentistry or dental hygiene;

(i) Failure to follow the current guidelines of:

(1) The American Dental Association, as adopted by the board, as published in:
a. The "Dental Radiographic Examinations: Recommendations for Patient Selection and Limiting Radiation Exposure", required by Den 501.01(p); or

b. "Recommendations in Radiographic Practices" Journal of the American Dental Association, January 1989; and

(2) The Centers for Disease Control and Prevention as published in Infection Control Recommendations;

(j) Advertising the licensee's dental practice by using any newspaper, broadcast, cable transmission, telephone, sign, poster, or other advertising message which:

(1) Deceives or is intended to deceive the public concerning dental services, techniques, the qualifications of a licensee, or the prices to be charged;

(2) Claims or suggests that the licensee enjoys professional superiority or performs services in a manner superior to other persons licensed by this chapter or that the licensee performs services or any particular service in a painless manner; or

(3) Announces the use of any drug or medicine of an unknown formula or any system or anesthetic that is unnamed, misnamed, misrepresented, or not in reality used;

(k) Employing or permitting an unlicensed person to practice in the licensee's office;

(l) Knowingly or willfully violating any provision of the board's administrative rules, RSA 317-A, order of the dental board, any federal, state, or local controlled drug law or other federal, state, or local laws or regulations pertaining to:

(1) The practice of dentistry, and the Principles of Ethics and Code of Professional Conduct of the American Dental Association, as required by Den 501; or

(2) The practice of dental hygiene, and the Code of Ethics of the American Dental Hygienists' Association, as required by Den 501;

(m) Having more than one patient undergoing moderate sedation, deep sedation, or general anesthesia on an outpatient basis at any given time unless each patient is being continuously monitored on a one-to-one ratio while sedated by either the dentist or another licensed health professional authorized by law to administer moderate sedation, deep sedation, or general anesthesia;

(n) Failing to have patients recovering from moderate sedation, deep sedation, or general anesthesia closely monitored by licensed health professionals experienced in the care and resuscitation of patients recovering from moderate sedation, deep sedation, or general anesthesia. If one licensed professional is responsible for the recovery care of more than one patient at a time, all of the patients shall be physically in the same room to allow continuous visual contact with all patients and the patient to recovery staff ratio should not exceed 3 to one;

(o) Failing to have patients continuously monitored with a pulse oximeter or arterial blood gas monitoring machine while undergoing or recovering from moderate sedation, deep sedation, or general anesthesia;

(p) Failing to perform an adequate history and physical as defined in rules under RSA 317-A:12, XII-a(i) or to obtain the written informed consent of a patient prior to the administering general anesthesia, deep sedation, or moderate sedation. In the case of a minor, the consent shall be obtained from the child's parent or guardian;

(q) Failing to report an adverse event or implement a corrective action plan as required by RSA 317-A:20-a; or

(r) Violation of:

(1) Any provision of RSA 317-A;

(2) Any rule adopted by the board; or

(3) Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely; and

(s) In the licensees role as a dentist or dental hygienist, unprofessional conduct shall include, but not be limited to:

(1) Yelling, swearing, or using profanity;

(2) Throwing items at or in the direction of any person;

(3) Verbally threatening; and

(4) Grabbing, pulling, or pushing any person.

Disclaimer: These regulations may not be the most recent version. New Hampshire may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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