NH Dental Jurisprudence cheat sheet
NH Dental Jurisprudence · Keep the key ideas within reach.
Licensing, Board Authority, and Regulatory Framework
The primary NH statute for dental practice is RSA 317-A, which governs dentists, dental hygienists, licensure, board authority, and discipline.
The NH Board of Dental Examiners licenses dentists and dental hygienists, adopts administrative rules, investigates complaints, and imposes discipline.
The Office of Professional Licensure and Certification (OPLC) provides administrative licensing and complaint-processing support for the Board.
Practicing dentistry or dental hygiene without an active NH license is unlicensed practice and is subject to Board and statutory penalties.
Licensure requires completion of an accredited education program and passage of required national/clinical examinations, plus any Board-required examination.
A license must be renewed to remain valid; practicing after expiration without renewal is treated as unlicensed practice.
The Board may impose sanctions including reprimand, suspension, revocation, fines, conditions, and remediation requirements.
Board rules implement RSA 317-A and set standards for licensure, practice, infection control, records, and professional conduct.
Scope of Practice, Supervision, and Delegation
Dentistry includes diagnosis, treatment planning, surgery, prescribing, and treatment of oral disease; these core duties are not delegable to auxiliaries.
Dental hygienists provide services such as prophylaxis, scaling, polishing, fluoride, sealants, radiographs, and patient education within statutory scope and Board-authorized supervision.
Dental hygienists do not independently diagnose, prescribe, or perform irreversible surgical procedures.
Direct supervision generally means the dentist is physically present in the office and available during the delegated procedure.
General supervision generally means the dentist has authorized the service but is not required to be physically present; Board rules define the specific requirements.
Expanded function dental assistants (EFDAs) may perform specified reversible functions after certification and under dentist supervision.
The supervising dentist remains responsible for all care delegated to dental auxiliaries and must ensure competence and legal scope.
Prescribing controlled substances requires a valid NH dental license and DEA registration, and must comply with NH prescription monitoring and controlled-substance laws.
Infection Control, Public Health, and Safety Obligations
NH dental practices must follow CDC infection-control guidelines for hand hygiene, PPE, sterilization, safe injection, and environmental cleaning.
OSHA bloodborne pathogens requirements include an exposure control plan, offer of hepatitis B vaccination, PPE, and sharps safety.
Critical and semicritical instruments must be cleaned and sterilized; sterilization monitoring follows manufacturer instructions and Board rules.
Single-use items are not reused, and needles or blades are placed in rigid, puncture-resistant, labeled sharps containers.
Dental unit waterlines must be maintained to reduce biofilm; CDC recommends ≤500 CFU/mL for non-surgical dental water.
Radiography must follow ALARA principles, with lead apron and thyroid collar use and compliance with NH radiation safety rules.
Certain communicable diseases and public health conditions must be reported to NH public health authorities while maintaining otherwise applicable confidentiality.
Dentists must maintain a safe office environment, including hazard communication, emergency procedures, and proper disposal of regulated waste.
Professional Conduct, Ethics, Records, and Patient Rights
Informed consent requires disclosure of the diagnosis, proposed treatment, risks, benefits, alternatives, and the patient's right to refuse.
Patient records must be accurate, legible, timely, and retained for the period required by Board rules; patients may request copies.
Patient information is confidential under NH law and HIPAA; release requires patient authorization or a legal exception.
Dentists must report suspected child abuse or neglect and suspected elder or adult abuse as required by NH law.
A dentist may terminate the dentist-patient relationship only with appropriate notice, emergency care, and records transfer; abandonment is prohibited.
Advertising and public statements must be truthful and not false, misleading, or deceptive; guarantees of results are prohibited.
Sexual contact with a patient is professional misconduct and grounds for Board discipline.
Patients have rights to privacy, respectful care, information about treatment, and access to their dental records.