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NH Dental Jurisprudence study materials
NH Dental Jurisprudence study resources

NH Dental Jurisprudence practice questions

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Question 1Licensing, Board Authority, and Regulatory Framework

Which New Hampshire statute is the primary law governing the licensure and practice of dentistry?

  1. RSA 318-B
  2. RSA 329
  3. RSA 317-A Correct answer.
  4. RSA 326-B

Explanation

The New Hampshire dental practice act is codified at RSA 317-A, which establishes the Board of Dental Examiners and sets out licensure, scope of practice, and disciplinary provisions. The other cited chapters address unrelated regulated occupations or controlled substances.

Question 2Licensing, Board Authority, and Regulatory Framework

Which body is authorized to adopt administrative rules implementing New Hampshire's dental practice act?

  1. The governor's office
  2. The state health department
  3. The state dental association
  4. The Board of Dental Examiners Correct answer.

Explanation

The Board of Dental Examiners is the administrative agency created by the dental practice act and is granted rulemaking authority to carry out the statute. A private professional association has no authority to adopt rules binding on licensees.

Question 3Licensing, Board Authority, and Regulatory Framework

A license issued by the New Hampshire Board of Dental Examiners authorizes its holder to do which of the following?

  1. Practice dentistry in New Hampshire Correct answer.
  2. Practice dentistry in any New England state
  3. Perform medical procedures unrelated to dentistry
  4. Prescribe controlled substances without restriction

Explanation

A state dental license is limited to practice within that state, so a New Hampshire license permits practice in New Hampshire only. Practice in another state requires a license from that state's authority.

Question 4Licensing, Board Authority, and Regulatory Framework

On what cycle must a New Hampshire dental license be renewed?

  1. Every year
  2. Every three years
  3. Every two years Correct answer.
  4. Every five years

Explanation

Dental licenses in New Hampshire are renewed on a biennial cycle, and renewal is conditioned on meeting continuing education and other requirements. Renewal is not an annual event.

Question 5Licensing, Board Authority, and Regulatory Framework

Why does New Hampshire require continuing education as a condition of license renewal?

  1. To raise revenue for the board's operating budget
  2. To replace the need for initial licensure examinations
  3. To verify that the licensee maintains current knowledge and competence Correct answer.
  4. To satisfy federal accreditation requirements

Explanation

Continuing education is a competence-maintenance requirement, ensuring that licensees keep pace with advances in dental practice and applicable rules. It is not a revenue mechanism or a substitute for entry-level examination.

Question 6Licensing, Board Authority, and Regulatory Framework

Who appoints the members of the New Hampshire Board of Dental Examiners?

  1. The governor and Executive Council Correct answer.
  2. The chief justice of the superior court
  3. The state senate
  4. The state dental association

Explanation

Members of New Hampshire professional licensing boards are appointed by the governor with the approval of the Executive Council. Professional associations may recommend candidates but do not make the appointment.

Question 7Licensing, Board Authority, and Regulatory Framework

Which circumstance provides a basis for disciplinary action by the Board of Dental Examiners?

  1. Charging fees above the state average
  2. Treating a patient who is covered by Medicaid
  3. Referring a patient to a specialist
  4. Obtaining a license through fraud or misrepresentation Correct answer.

Explanation

Obtaining a license by fraud or misrepresentation undermines the integrity of the licensure process and is expressly a ground for discipline. Treating insured patients, making appropriate referrals, and setting fees are lawful activities.

Question 8Licensing, Board Authority, and Regulatory Framework

A New Hampshire dentist who suspects that a child patient has been abused must take which action?

  1. Report the suspicion to the state child protection authority Correct answer.
  2. Report only if the board requests it
  3. Report only after personally confirming the abuse
  4. Notify the child's parents before reporting

Explanation

Dentists are mandatory reporters, and the obligation is triggered by a reasonable suspicion rather than proof of abuse. Reporting is made to the designated child protection authority, and the licensee does not defer to the parents or wait for a board request.

Question 9Licensing, Board Authority, and Regulatory Framework

A dentist may delegate a clinical task to a dental assistant only when which condition is met?

  1. The patient signs a written waiver accepting the assistant's work product
  2. The local dental society has approved the arrangement in writing
  3. The task is within the assistant's legal scope and the dentist supervises it Correct answer.
  4. The assistant has been employed in the practice for a continuous period of one year

Explanation

Delegation is limited by statute and board rule to tasks that unlicensed or credentialed personnel are permitted to perform, and the supervising dentist remains responsible for the care. Employment duration, patient waivers, and society approvals cannot expand the legal scope of an assistant.

Question 10Licensing, Board Authority, and Regulatory Framework

Which task is reserved to a licensed dentist and may not be delegated to a dental hygienist?

  1. Performing a prophylaxis
  2. Making a diagnosis and treatment plan Correct answer.
  3. Taking dental radiographs
  4. Applying topical fluoride

Explanation

Diagnosis and treatment planning require the professional judgment of a licensed dentist and fall outside the hygienist's scope. Radiographs, fluoride application, and prophylaxis are recognized hygiene functions performed under the required supervision.

Question 11Licensing, Board Authority, and Regulatory Framework

Under New Hampshire law, a dental hygienist provides patient care in which manner?

  1. Only after five years of service as a dental assistant
  2. Under the supervision of a licensed dentist Correct answer.
  3. Only within a hospital inpatient setting
  4. Independently, without any involvement of a dentist

Explanation

Hygiene practice is built around supervision by a licensed dentist, who retains responsibility for the patient's overall care. Neither independent practice nor a hospital-only restriction reflects the statutory framework.

Question 12Licensing, Board Authority, and Regulatory Framework

What obligation does a New Hampshire dentist have regarding patient records?

  1. Records must be destroyed five years after the last visit
  2. Records may be withheld from the patient in every case
  3. Records belong to the patient's insurance carrier
  4. Records must be maintained and made available to the board on request Correct answer.

Explanation

Patient records must be kept for the required period and produced to the board during an investigation or disciplinary proceeding. The treating dentist holds the records; they are not the property of an insurer and are not routinely withheld from the patient.

Question 13Licensing, Board Authority, and Regulatory Framework

Advertising by a New Hampshire dental practice is permissible when the advertising is which of the following?

  1. Limited to the dentist's name and address
  2. Approved by the board before each publication
  3. Truthful and not misleading Correct answer.
  4. Paid for by the state dental association

Explanation

The regulatory standard for dental advertising is truthfulness; misleading or deceptive claims are prohibited. Prior board approval, content restrictions to name and address, and association sponsorship are not legal requirements.

Question 14Licensing, Board Authority, and Regulatory Framework

Which arrangement is prohibited as fee splitting?

  1. Paying a laboratory for prosthetic work
  2. Paying a portion of a fee to an unlicensed person for patient referrals Correct answer.
  3. Offering a senior citizen discount
  4. Charging interest on an unpaid balance

Explanation

Fee splitting prohibits sharing professional fees with unlicensed persons in exchange for referrals, because it creates a financial incentive unrelated to patient welfare. Paying a dental laboratory for services, charging interest, and discounting fees are ordinary business arrangements.

Question 15Licensing, Board Authority, and Regulatory Framework

When the board receives credible evidence that a dentist is practicing while impaired, the board may take which action?

  1. Only issue a private warning letter
  2. Require an evaluation and restrict or suspend practice Correct answer.
  3. Refer the matter solely to the dentist's employer
  4. Take no action until a patient is actually harmed

Explanation

Impairment presents an immediate risk to patients, so the board may order an evaluation and impose practice restrictions or an interim suspension while the matter proceeds. Waiting for patient harm or issuing only a private letter would fail to protect the public.

Question 16Licensing, Board Authority, and Regulatory Framework

During an investigation of a licensee, the Board of Dental Examiners may take which action?

  1. Ignore complaints that are not notarized
  2. Search the licensee's home without any legal process
  3. Delegate investigative authority to a private association
  4. Issue a subpoena for relevant records and testimony Correct answer.

Explanation

The board is empowered to compel evidence, including patient records and witness testimony, through subpoena in aid of its investigations. It cannot conduct warrantless searches of a residence, and it does not outsource its investigative authority to a private body.

Question 17Licensing, Board Authority, and Regulatory Framework

Before revoking a license, the board must take which step?

  1. Publish the allegations in a newspaper of general circulation
  2. Obtain a criminal conviction for the underlying conduct
  3. Provide notice and an opportunity for a hearing Correct answer.
  4. Get approval from the state dental association

Explanation

Revocation deprives a licensee of a protected property interest, so procedural due process requires notice of the charges and a meaningful opportunity to be heard. A criminal conviction is not a prerequisite to discipline, and a private association has no approval role.

Question 18Licensing, Board Authority, and Regulatory Framework

Licensure by endorsement in New Hampshire allows the board to take which action?

  1. License a person who has never studied dentistry
  2. License an applicant whose credentials and prior licensure are equivalent Correct answer.
  3. Issue a license that is valid only on weekends
  4. Waive all licensure requirements for any out-of-state dentist

Explanation

Endorsement or licensure by credentials permits the board to recognize an applicant's equivalent education, examination history, and out-of-state licensure rather than requiring full reexamination. It does not eliminate the substantive requirements of licensure.

Question 19Licensing, Board Authority, and Regulatory Framework

New Hampshire dental practices must follow infection control standards that are based on which source?

  1. Recognized national guidelines such as CDC recommendations Correct answer.
  2. The practice owner's personal preference
  3. The dental association's marketing guidelines
  4. The county health officer's annual plan

Explanation

Infection control obligations are tied to recognized national standards, notably CDC recommendations and applicable occupational safety rules, which the board enforces. Individual preference, marketing material, and county plans do not set the clinical standard.

Question 20Licensing, Board Authority, and Regulatory Framework

Which conduct constitutes unprofessional conduct for a New Hampshire licensee?

  1. Closing the office for a religious holiday
  2. Referring a patient for a second opinion
  3. Practicing outside the scope of the license Correct answer.
  4. Declining to treat a patient outside one's competence

Explanation

Practicing beyond the scope of the license endangers patients and is a recognized form of unprofessional conduct. Declining care outside one's competence, making referrals, and observing holidays are all proper or permissible.

Question 21Licensing, Board Authority, and Regulatory Framework

Under New Hampshire law, ownership of a professional dental corporation is limited to which group?

  1. The practice's office manager
  2. A hospital system approved by the board
  3. Licensed dentists and other authorized professionals Correct answer.
  4. Any investor willing to fund the practice

Explanation

Professional corporations exist to allow licensed professionals to practice in corporate form while preserving professional control, so ownership is restricted to licensed dentists and other statutorily authorized professionals. Passive lay investors and nonprofessional employees cannot hold ownership interests.

Question 22Licensing, Board Authority, and Regulatory Framework

When the Board of Dental Examiners adopts a new rule, it must comply with which requirement?

  1. Follow the state's administrative rulemaking process, including public notice and comment Correct answer.
  2. Publish the rule only in the board's newsletter
  3. Obtain approval from the state dental association
  4. Submit the rule to a vote of all licensed dentists

Explanation

Agency rulemaking is governed by the state's administrative procedure framework, which requires public notice, an opportunity for comment, and filing of the adopted rule. Approval by a private association, a licensee plebiscite, or newsletter-only publication does not satisfy that process.

Question 23Licensing, Board Authority, and Regulatory Framework

A licensee's failure to report a criminal conviction to the board may result in which outcome?

  1. Disciplinary action for unprofessional conduct Correct answer.
  2. A referral to the state dental association
  3. No consequence if the conviction was a misdemeanor
  4. Automatic loss of malpractice insurance

Explanation

Licensees are expected to disclose required information to the board, and failing to do so can itself be charged as unprofessional conduct or as a violation of the reporting obligation. The severity of the underlying offense does not erase the duty to report.

Question 24Licensing, Board Authority, and Regulatory Framework

A dentist licensed in another state treats a patient who is physically located in New Hampshire. Unless a recognized exception applies, which statement is correct?

  1. The dentist must hold a New Hampshire license Correct answer.
  2. The dentist may do so if the treatment lasts fewer than thirty days
  3. The dentist may do so if the patient consents in writing
  4. The dentist may do so because licensure is national in scope

Explanation

Licensure follows the location of the patient, so treating a patient located in New Hampshire generally requires a New Hampshire license regardless of the dentist's home-state credentials. Consent and short duration do not substitute for licensure.

Question 25Licensing, Board Authority, and Regulatory Framework

A dentist whose license has been revoked by the board may resume practice only under which condition?

  1. After completing a continuing education course
  2. After two years have passed
  3. If the dentist joins another practice
  4. After the board grants reinstatement Correct answer.

Explanation

Revocation terminates the license, and practice may resume only if the board affirmatively grants reinstatement after the licensee applies and satisfies the board's conditions. The passage of time, a new practice affiliation, or coursework alone does not restore licensure.

Question 26Licensing, Board Authority, and Regulatory Framework

New Hampshire's dental licensing and practice laws are primarily codified in which chapter of the New Hampshire Revised Statutes Annotated?

  1. RSA 318
  2. RSA 326-B
  3. RSA 329
  4. RSA 317-A Correct answer.

Explanation

The New Hampshire Dental Practice Act is RSA 317-A, which establishes the Board of Dental Examiners and governs dental licensure and practice. RSA 329 is the Medical Practice Act, RSA 326-B governs nursing, and RSA 318 addresses pharmacy.

Question 27Licensing, Board Authority, and Regulatory Framework

Which body is responsible for issuing, renewing, and disciplining dental licenses in New Hampshire?

  1. New Hampshire Department of Health and Human Services
  2. New Hampshire Secretary of State
  3. New Hampshire Board of Dental Examiners Correct answer.
  4. New Hampshire Board of Medicine

Explanation

RSA 317-A creates the Board of Dental Examiners and gives it authority over dental licensure, renewal, and discipline. The Board of Medicine regulates physicians, while the other listed agencies do not administer the dental licensing system.

Question 28Licensing, Board Authority, and Regulatory Framework

A person who is not licensed by the New Hampshire Board of Dental Examiners performs dental treatment for pay. How does New Hampshire law treat that conduct?

  1. It is permitted if the person is supervised by a licensed dentist
  2. It is permitted for patients who sign a waiver
  3. It is prohibited and subject to board enforcement and statutory penalties Correct answer.
  4. It is regulated only by the federal government

Explanation

Dental practice in New Hampshire requires a license from the Board of Dental Examiners. Unlicensed practice is unlawful and may be addressed through board enforcement, injunctive relief, and statutory penalties.

Question 29Licensing, Board Authority, and Regulatory Framework

To maintain a New Hampshire dental license in active status, a licensee must generally do which of the following?

  1. Obtain a separate license for each office
  2. Complete the continuing education required by board rules Correct answer.
  3. Submit a new clinical examination each year
  4. Practice at least 40 hours per week

Explanation

License renewal is conditioned on satisfying the continuing education requirements established by board rules, along with renewal fees and any other required information. New Hampshire does not require annual reexamination, a minimum weekly practice volume, or an office-specific license.

Question 30Licensing, Board Authority, and Regulatory Framework

A New Hampshire dentist moves her practice to a new address. What is her obligation to the Board of Dental Examiners?

  1. Close the practice until the board inspects the new office
  2. Publish the change in a newspaper before notifying the board
  3. Notify the board of the address change as required by board rules Correct answer.
  4. Apply for a new dental license

Explanation

Licensees must keep the board informed of current contact and practice information, including address changes, under board procedures. Moving an office does not require a new license, automatic closure, or newspaper publication.

Question 31Licensing, Board Authority, and Regulatory Framework

Which source gives the New Hampshire Board of Dental Examiners authority to adopt rules regulating dental practice?

  1. The board's own discretion without statutory basis
  2. RSA 317-A and the state Administrative Procedure Act Correct answer.
  3. Local municipal ordinances
  4. Federal dental licensing statutes

Explanation

The board's rulemaking authority comes from its enabling statute, RSA 317-A, and must be exercised through the procedures of New Hampshire's Administrative Procedure Act. A state board cannot create rulemaking authority by its own discretion or through local ordinances.

Question 32Licensing, Board Authority, and Regulatory Framework

An applicant for an initial New Hampshire dental license must ordinarily show which of the following?

  1. Graduation from an accredited dental school and passage of the required examination Correct answer.
  2. Membership in a national dental association
  3. A bachelor's degree in business administration
  4. Ownership of a dental office in New Hampshire

Explanation

Initial dental licensure generally requires graduation from an accredited dental program, successful completion of the required examination, and satisfaction of other board requirements. Association membership, office ownership, and a business degree are not standard licensure prerequisites.

Question 33Licensing, Board Authority, and Regulatory Framework

Which activity is included within the statutory practice of dentistry in New Hampshire?

  1. Providing physical therapy for the shoulder
  2. Dispensing eyeglasses
  3. Diagnosing and treating conditions of the oral cavity Correct answer.
  4. Conducting audiology testing

Explanation

The practice of dentistry includes diagnosing and treating conditions of the teeth, gums, and related oral structures. Physical therapy, optometry, and audiology are governed by other professional licensing schemes.

Question 34Licensing, Board Authority, and Regulatory Framework

Board meetings and records of the New Hampshire Board of Dental Examiners are generally governed by which law?

  1. New Hampshire Right-to-Know Law, RSA 91-A Correct answer.
  2. Federal Freedom of Information Act only
  3. The board's confidential operating manual
  4. Municipal zoning ordinances

Explanation

New Hampshire public bodies, including professional licensing boards, generally conduct meetings and maintain records subject to the Right-to-Know Law, RSA 91-A. Federal FOIA applies to federal agencies, and municipal zoning ordinances do not govern state board meetings.

Question 35Licensing, Board Authority, and Regulatory Framework

The Board of Dental Examiners establishes its license fees through which mechanism?

  1. Negotiation with each applicant
  2. A federal fee schedule
  3. A schedule adopted under its statutory rulemaking authority Correct answer.
  4. A vote at the annual dental convention

Explanation

License fees are established by the board under the authority granted in its licensing statute and through the applicable rulemaking process. Fees are not set by convention vote, individual negotiation, or federal schedule.

Question 36Licensing, Board Authority, and Regulatory Framework

Which sanction may the New Hampshire Board of Dental Examiners impose on a licensee?

  1. Imprisonment for up to one year
  2. A criminal felony conviction
  3. Suspension or revocation of the license Correct answer.
  4. An award of punitive damages to a patient

Explanation

The board's disciplinary authority includes professional sanctions such as suspension, revocation, probation, reprimand, or other authorized conditions. It does not imprison licensees, award civil damages, or enter criminal convictions, which are functions of courts and prosecutors.

Question 37Licensing, Board Authority, and Regulatory Framework

After the Board of Dental Examiners issues a final disciplinary order, a licensee may seek judicial review in which forum?

  1. The board itself sitting as an appellate court
  2. The New Hampshire House of Representatives
  3. The dental school that granted the degree
  4. The New Hampshire Supreme Court under the Administrative Procedure Act Correct answer.

Explanation

Final agency decisions in New Hampshire are generally reviewable under the Administrative Procedure Act, with appeals heard by the New Hampshire Supreme Court. The Legislature, the board itself, and a dental school do not serve as the appellate forum for a final board order.

Question 38Licensing, Board Authority, and Regulatory Framework

Which applicant is eligible for a temporary license from the New Hampshire Board of Dental Examiners?

  1. A dental equipment salesperson
  2. A dentist licensed in another jurisdiction who meets the board's temporary license requirements Correct answer.
  3. Any patient seeking reduced-cost care
  4. A person who has never studied dentistry

Explanation

Temporary licensure is generally available to qualified dentists licensed elsewhere who satisfy the board's requirements and any conditions attached to the temporary license. It is not available to untrained persons, patients, or equipment sales representatives.

Question 39Licensing, Board Authority, and Regulatory Framework

An applicant for a New Hampshire dental hygienist license must generally complete which requirement?

  1. A separate license as a dental assistant
  2. A residency in oral surgery
  3. A law degree
  4. Graduation from an accredited dental hygiene program and passage of the required examination Correct answer.

Explanation

Dental hygiene licensure generally requires graduation from an accredited dental hygiene program, successful examination, and satisfaction of other board requirements. Oral surgery residency, a law degree, and dental assistant licensure are not prerequisites.

Question 40Licensing, Board Authority, and Regulatory Framework

A New Hampshire dental hygienist may administer local anesthesia only when the hygienist has done which of the following?

  1. Obtained a board permit after completing required training Correct answer.
  2. Received a prescription from any physician
  3. Completed a weekend course without board approval
  4. Been employed for at least ten years

Explanation

Local anesthesia administration by a dental hygienist requires board authorization, typically through a permit obtained after completing required education and training. A physician's prescription, an unapproved short course, or mere longevity in practice does not satisfy the requirement.

Question 41Licensing, Board Authority, and Regulatory Framework

Before a New Hampshire dentist administers conscious sedation, the dentist must generally possess which of the following?

  1. A dental hygiene license
  2. A separate pharmacy license
  3. A hospital staff appointment
  4. A board-issued sedation permit Correct answer.

Explanation

Conscious sedation is a regulated procedure that requires the dentist to hold the appropriate board permit and satisfy the associated training and safety requirements. Hospital appointment, pharmacy licensure, or hygiene licensure does not authorize sedation.

Question 42Licensing, Board Authority, and Regulatory Framework

Within the practice of dentistry, a New Hampshire licensed dentist may prescribe medications when the prescription is:

  1. Limited to over-the-counter products
  2. Written for any family member without a patient relationship
  3. Issued in the course of legitimate dental treatment Correct answer.
  4. Issued only by a physician

Explanation

A dentist may prescribe medications when doing so is part of legitimate dental care for a patient. Prescribing outside a valid dental treatment relationship or without appropriate authority is not permitted.

Question 43Licensing, Board Authority, and Regulatory Framework

Which person is exempt from New Hampshire dental licensure when consulting with a New Hampshire licensed dentist?

  1. A dentist licensed in another state who is called in for consultation Correct answer.
  2. A dental supply representative
  3. A dental assistant visiting on vacation
  4. A patient's relative

Explanation

Dental practice statutes commonly recognize a limited consultation exemption for an out-of-state dentist called in by a New Hampshire licensee. The exemption does not extend to assistants, patients' relatives, or sales representatives who are not qualified and authorized.

Question 44Licensing, Board Authority, and Regulatory Framework

The Board of Dental Examiners may deny an initial license when an applicant has which characteristic?

  1. Graduated from an accredited school
  2. Passed the required examination
  3. Engaged in conduct that would be grounds for discipline Correct answer.
  4. Paid the required fee

Explanation

Licensure requires good moral character and fitness, and the board may deny an applicant who has engaged in conduct that would support discipline against a licensee. Graduation, examination passage, and fee payment are favorable or required factors, not grounds for denial.

Question 45Licensing, Board Authority, and Regulatory Framework

A New Hampshire dental license that has lapsed for failure to renew may be restored only after the licensee does which of the following?

  1. Complete the board's reinstatement requirements, including any fee and continuing education Correct answer.
  2. Practice under another dentist's license
  3. Wait five years without applying
  4. Obtain a new high school diploma

Explanation

Restoration of a lapsed license requires the licensee to satisfy the board's reinstatement requirements, which may include fees, continuing education, and other conditions. A licensee may not practice under someone else's license while lapsed, and no fixed five-year waiting period or diploma requirement applies.

Question 46Licensing, Board Authority, and Regulatory Framework

The New Hampshire Board of Dental Examiners wants to regulate a new dental technique not expressly named in RSA 317-A. What is the board's most appropriate source of authority?

  1. Act only if every licensed dentist agrees
  2. Adopt a rule under its statutory rulemaking authority if consistent with the enabling act Correct answer.
  3. Decline to regulate any technique not named in the statute
  4. Regulate only after Congress passes a law

Explanation

A licensing board may adopt rules to carry out its enabling statute, provided the rules are consistent with the statute and adopted through the Administrative Procedure Act. It does not need a new federal law or unanimous consent from licensees, and it is not limited to techniques expressly named in the statute.

Question 47Licensing, Board Authority, and Regulatory Framework

The Board of Dental Examiners may discipline a licensee for conduct outside the dental office when the conduct:

  1. Involves no patient
  2. Occurs during a weekend
  3. Bears on the licensee's fitness to practice dentistry Correct answer.
  4. Is reported by a single person

Explanation

Professional discipline may extend to conduct outside the office when it reflects on the licensee's fitness or ability to practice safely and honestly. Timing, the number of reporters, or the absence of a patient does not by itself determine whether discipline is authorized.

Question 48Licensing, Board Authority, and Regulatory Framework

The Board of Dental Examiners receives a complaint and issues a subpoena to a licensee for treatment records. If the licensee ignores the subpoena, what is the board's likely authority?

  1. The board must drop the complaint automatically
  2. The board has no authority to obtain records under any circumstance
  3. The board may ask a court to enforce the subpoena and may consider noncompliance in disciplinary proceedings Correct answer.
  4. The board may arrest the licensee without court involvement

Explanation

Administrative boards with subpoena power may seek judicial enforcement when a subpoena is ignored, and noncompliance can itself affect the disciplinary process. The board does not automatically abandon the complaint, and it does not have independent authority to arrest.

Question 49Licensing, Board Authority, and Regulatory Framework

A licensee subject to a board disciplinary order believes the board misinterpreted its own rule. On appeal, which principle generally applies?

  1. The board's factual findings are reviewed deferentially under the Administrative Procedure Act Correct answer.
  2. The board's decision cannot be reviewed
  3. The court substitutes its own findings for all board findings
  4. The licensee must first petition Congress

Explanation

Judicial review of a final agency order generally follows the Administrative Procedure Act, under which courts defer to agency factual findings while correcting legal errors. A licensee does not petition Congress, and the board's decision is not immune from review.

Question 50Licensing, Board Authority, and Regulatory Framework

The Board of Dental Examiners summarily suspends a license after finding an immediate danger to the public. What procedural step is required after the summary suspension?

  1. A permanent revocation without any hearing
  2. A jury trial before the suspension takes effect
  3. Approval by the governor for every suspension
  4. A prompt post-suspension hearing before the board Correct answer.

Explanation

Summary suspension addresses an immediate risk but must be followed by a prompt hearing so the licensee can challenge the action. It does not authorize permanent revocation without a hearing, require a jury trial before the suspension, or require gubernatorial approval of each suspension.