These rules are adopted for the purpose of avoiding practice
abandonment. A licensed dentist shall maintain patient records in a manner
consistent with the protection of the welfare of the patient. Upon request of
the patient or patient's legal guardian, the dentist shall furnish the dental
records or copies of the records, including dental radiographs or copies of the
radiographs. The dentist may charge a nominal fee for duplication of records as
provided by North Dakota Century Code section 23-12-14, but may not refuse to
transfer records for nonpayment of any fees.
1. A licensee, upon retirement, or upon
discontinuation of the practice of dentistry, or upon moving from a community,
shall notify all active patients in writing and by publication once a week for
three consecutive weeks in a newspaper of general circulation in the community
that the licensee intends to discontinue the practice of dentistry. The
licensee shall make reasonable arrangements with active patients for the
transfer of patient records, or copies thereof, to the succeeding licensee. In
the event of a transfer of patient records to another licensee assuming the
practice, written notice must be furnished to all patients as hereinbefore
specified. For the purpose of this section, "active patient" is defined as a
person whom the licensee has examined, treated, cared for, or otherwise
consulted with during the two-year period prior to the discontinuation of the
practice of dentistry by the licensee. In the event of a nontransfer of
records, a licensee shall have the ongoing obligation of at least two years to
afford the licensee's prior patients access to those records not previously
provided to the patient.
2. In the
event of termination of a dentist-patient relationship by a licensee, notice of
the termination must be provided to the patient. A dentist-patient relationship
exists if a dentist has provided treatment to a patient on at least one
occasion within the preceding year. The dentist who is the owner or custodian
of the patient's dental records shall mail notice of the termination of the
dentist's relationship to the patient, which shall provide the following:
a. The date that the termination becomes
effective, and the date on which the dentist and patient relationship may
resume, if applicable;
b. A
location at which the patient may receive emergency dental care for at least
thirty days following the termination of the dentist and patient
relationship;
c. A statement of
further dental treatment required, if any; and
d. The dentist shall respond to a written
request to examine or copy a patient's record within ten working days after
receipt. A dentist shall comply with North Dakota Century Code section 23-12-14
for all patient record requests.
3. If a licensee dies or becomes unable to
practice dentistry due to disability, for the purpose of selling or otherwise
disposing of the deceased or disabled licensee's dental practice, a person who
is not licensed to practice dentistry but who is the personal representative of
the estate of a deceased dentist or the personal representative of a disabled
dentist may contract with a dentist to manage the dental practice for a period
not to exceed twenty-four months.
4. If a dentist agrees to provide dental care
without remuneration to underserved patients in the absence of a public health
setting, the patient may not be considered a patient of record of the dentist
providing the donated dental service.
5. If a licensee retires from a group
practice and continuity of patient dental care will not be interrupted, the
dentist is exempt from notifying active patients in writing. The licensee shall
notify patients by publication once a week for three consecutive weeks in a
newspaper of general circulation in the community that the licensee intends to
discontinue the practice of dentistry.
Notes
N.D. Admin Code 20-02-01-08
Effective April 1,
2006.
Amended by
Administrative
Rules Supplement 2015-355, January 2015, effective
1/1/2015.
Amended by
Administrative
Rules Supplement 2015-356, April 2015, effective
4/1/2015.
Amended by
Administrative
Rules Supplement 2021-380, April 2021, effective
4/1/2021.
Amended by
Administrative
Rules Supplement 2022-385, July 2022, effective
7/1/2022.
General Authority: NDCC 43-28-06
Law Implemented: NDCC 43-28-06,
43-28-18
