DE Dental Jurisprudence cheat sheet

Chapter 11 of Title 24 creates the State Board of Dentistry and Dental Hygiene and grants it authority to license dentists, dental hygienists, and to regulate the practice of dentistry in Delaware.

"Practice of dentistry" is defined broadly: diagnosing, treating, operating on, or prescribing for any disease, pain, injury, or condition of the oral cavity, teeth, gums, and adjacent structures, plus fitting and furnishing prosthetic appliances.

A license is required to practice; practicing without a license, or aiding an unlicensed person to practice, is grounds for discipline and may constitute a misdemeanor under the chapter.

The Board may refuse, revoke, suspend, or place on probation a license, impose fines, or require remedial education for causes enumerated in the statute, including fraud in obtaining a license and unprofessional conduct.

Dental hygienists practice under the general supervision of a licensed dentist; the statute and Board rules define which services may be performed and under what level of supervision.

Ownership and operation of a dental practice is limited to licensed dentists, with narrow statutory exceptions; a non-dentist may not control the clinical judgment of a licensed practitioner.

Confidentiality of patient records is statutorily protected; records must be maintained and released as required by law, and unauthorized disclosure is a disciplinary matter.

The chapter authorizes the Board to adopt rules and regulations consistent with the statute; those rules carry the force of law and are enforced through the disciplinary process.

The Board is composed of dentist and dental hygienist members plus public (consumer) members appointed by the Governor; a quorum is required to conduct official business.

Board rules govern infection control: standard precautions, sterilization of instruments, surface disinfection, and safe handling of sharps apply to every dental office in the state.

Rules specify minimum standards for dental records: patient identification, date of service, diagnosis, treatment rendered, radiographs, and informed consent documentation.

Informed consent must be obtained before treatment; the rule requires disclosure of diagnosis, proposed treatment, alternatives, and material risks in terms the patient can understand.

Fees, advertising, and solicitation are regulated: advertising must not be false or misleading, and fee schedules must be accurately represented to patients.

Rules address supervision levels for auxiliaries - direct, indirect, and general supervision - each defined by whether the dentist is on the premises and whether prior examination is required.

Unprofessional conduct is defined by rule and includes substance impairment, gross negligence, abandonment of a patient, and failure to cooperate with a Board investigation.

The Board may issue advisory opinions and declaratory rulings interpreting its rules; these guide licensees but are not substitutes for the statute.

Dentist applicants must graduate from a CODA-accredited dental program, pass the applicable national board examination, and pass a clinical/regional examination accepted by the Board.

Dental hygienist applicants must graduate from an accredited dental hygiene program and pass the national board and an accepted clinical examination.

Restricted or temporary permits allow qualified applicants to practice under defined limits - for example, faculty, residency, or volunteer-status permits - and expire on the date stated in the permit.

A restricted permit holder practices only within the scope and supervision conditions specified; practicing outside the permit's terms is unlicensed practice.

Licenses renew on a biennial cycle; the renewal application requires attestation of continuing education completion and disclosure of any disciplinary action in another jurisdiction.

Failure to renew timely results in a lapsed license; practicing on a lapsed license is unlicensed practice and subjects the practitioner to disciplinary action.

Licensees must notify the Board of changes of address and of any name change within the timeframe set by rule so that official notices reach the licensee.

Reciprocity and licensure by credentials require the Board to verify that the applicant's credentials are substantially equivalent to Delaware requirements.

Delaware requires continuing education credits each renewal cycle; the specific hour total and subject-area minimums are set by Board rule and must be verified against the current rule before renewal.

Mandatory subject areas commonly include infection control and ethics; credits in these areas must be documented separately from general clinical credits.

Acceptable CE must be from providers or sponsors recognized by the Board; unapproved self-study or non-accredited courses may not count toward the requirement.

Licensees must retain certificates of completion for a period specified by rule and produce them on request during a Board audit.

A random audit is conducted each renewal cycle; a licensee selected for audit must respond within the stated deadline with documentation.

Falsifying CE records or attesting to credits not earned is unprofessional conduct and grounds for discipline, including suspension.

Deficiency discovered at audit may be cured by completing the missing credits within a set period, subject to Board approval; failure to cure results in disciplinary action.

New licensees and licensees returning from inactive status may have prorated or special CE requirements as set by rule.

Licensees have an affirmative duty to report to the Board any licensee who is impaired, incompetent, or engaged in unprofessional conduct that poses a risk to patients.

Hospitals, health-care institutions, and professional associations must report disciplinary actions and terminations for cause to the Board within the time specified by statute.

The Board's disciplinary process begins with a complaint, followed by investigation, and may proceed to a hearing before the Board or a hearing officer.

Due process applies: the licensee must receive notice of the charges and an opportunity to respond and be heard, with the right to counsel.

Available sanctions include reprimand, probation with conditions, suspension, revocation, civil penalties, and cost recovery for the investigation.

The Board may impose interim or summary suspension where continued practice presents an immediate danger to the public health.

Disciplinary actions are reported to national data banks and may trigger reciprocal action in other states where the licensee is licensed.

Failure to report as required, or retaliation against a person who reports in good faith, is itself a violation subject to discipline.