1. The board may deny an application for or take disciplinary action against a dental hygienist's license or a registered or qualified dental assistant's registration, upon any one or more of the following grounds: a. Gross immorality or unprofessional conduct, which includes knowingly failing to comply with commonly accepted national infection control guidelines and standards. b. Failure, neglect, or refusal to renew a license biennially. c. Nonobservance or violation of this chapter, or of any board rule adopted under this chapter. d. Gross incompetency in the practice of dental hygiene. e. Conviction of an offense determined by the board to have a direct bearing on the individual's ability to serve the public as a dental hygienist or a registered or qualified dental assistant, or the board determines, following conviction for any offense, that the individual is not sufficiently rehabilitated under section 12.1-33-02.1. f. Been adjudged mentally ill and not judicially restored by the regularly constituted authorities, or having a physical or mental disability materially affecting the ability to carry out the duties within the scope of practice in a competent manner. g. The use of alcohol or drugs to such a degree as to interfere with the licensee's ability to safely perform the duties within the scope of practice for dental hygiene or dental assisting. h. Engaged in fraud or deceit in obtaining a dental hygiene license or dental assisting registration. i. Disclosed confidential information. j. Received a fee for the referral of patients to a dentist or dental hygienist. k. Used unethical measures to draw dental patronage from the practice of another licensee. l. Fraudulently prescribed or dispensed drugs or medications. m. Knowingly submitted misleading, deceptive, untrue, or fraudulent information on a claim form, bill, or statement to a third party. n. Advised or directed patients to dental laboratories or dental laboratory technicians for a dental service or advised or directed patients to deal directly with laboratories or dental laboratory technicians. o. Violated the code of ethics adopted by the board by rule. p. Had a registration or license suspended, revoked, or disciplined in another jurisdiction. q. Failed to report to the board in writing within sixty days a violation of this chapter or chapter 43-28. r. Practiced outside the scope of practice established by the board by rules and this chapter. s. Failed to fully and completely cooperate in any investigation initiated by the board, including the failure to promptly provide any information legally sought by the board, its investigative panel, its investigators, or its authorized agents. t. Noncompliance with the terms of a program contracted for under section 43-28-06. 2. The procedure for taking disciplinary action under this section must be the same as required by section 43-28-18.2.
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