Section Den 501.01 - Ethical Duties(a) In addition to those obligations of dentists under the American Dental Association Principles of Ethics and Code of Professional Conduct (as amendment 2016), as specified in Appendix II, and the obligations of dental hygienists under the Code of Ethics of the American Dental Hygienists' Association (as amended 2016), as specified in Appendix II, pursuant to RSA 317-A:17, II(j), the provisions of this section shall apply.(b) Dentists shall protect the health of their patients by only assigning to hygienists and assistants those duties specified in Den 400 that the hygienist and assistants are trained to perform correctly.(c) Dentists shall be further obliged to prescribe and supervise the patient care provided by all dental hygienists and dental assistants working under their direction.(d) A dentist shall neither aid nor encourage a dentist, a dental hygienist or a dental assistant in their employ to make use of lists of patients from an office of former employment, nor shall a dentist, a dental hygienist or a dental assistant use such lists or information gathered therefrom unless prior written consent allowing use of the lists has been obtained from the previous employer.(e) Upon request of a patient, dentists shall provide a copy of the patient's records within 20 days for a nominal fee not to exceed $15 for up to 30 pages and $0.50 per page thereafter, pursuant to RSA 332-I. Radiographs and models shall be provided at a reasonable cost. This obligation shall exist whether or not the patient's account is paid in full or whether the patient has paid for his or her records.(f) A dentist shall inform the board in writing within 20 days of patient mortality associated with dental treatment. The mortality report shall meet the requirements of Den 304.07(b).(g) Dentists who are about to close a dental practice in New Hampshire shall inform their patients of record of the impending closure to allow 3 months, when possible, for patients to obtain copies of their records or have their records sent to another dentist. Such dentist shall notify the board in writing of his or her intent to close a dental practice and shall provide the board with the name, address, and telephone number of the licensee to whom the dentist's patient records will be transferred.(h) Pursuant to RSA 317-A:27-a, dentists shall have an ongoing obligation to afford their prior patients access to those records not previously provided to the patient or new dentist.(i) Dentists and dental hygienists shall have an ongoing obligation to repay loans provided to them for their dental education.(j) Dentists and dental hygienists shall inform the board within 30 days in writing of any sanction pursuant to Den 301.01(a)(10), Den 301.02(a)(10), Den 301.03(a)(10), and Den 301.04(a) (12) imposed by any jurisdiction.(k) When discontinuing a course of treatment, dentists shall be available to provide emergency care for up to 30 days or until the patient obtains the services of another dentist, whichever occurs first.(l) A consultant shall not be required to have a New Hampshire dental license to provide a consultation/expert opinion to a New Hampshire dentist regarding a patient, if the consultant has no contact with the patient.(m) When dental records are being discarded, dentists shall destroy them by shredding or some other method that maintains confidentiality.(n) Either directly or through a third party creditor, dentists shall not make patients financially responsible for the entire cost of a treatment plan before the patient gives informed consent to the treatment plan, including all financial responsibilities clearly explained.(o) Licensees shall submit only truthful and correct information in any application or other documents filed with or statement made to the board.(p) Pursuant to RSA 317-A:17 (g), II, licensees shall adhere to the American Dental Association's current guidelines for infection control and radiographic practices, as published 2016 and available as noted in Appendix II.N.H. Admin. Code § Den 501.01
#287.2, eff 1-17-74; ss by #2981, eff 2-28-85; ss by #5110, eff 4-4-91, EXPIRED: 4-4-97
New. #6540, eff 7-18-97; ss by #6909, eff 12-9-98; amd by #7364, eff 9-19-00; amd by #7778, eff 10-10-02; amd by #7929, eff 8-6-03; amd by #7970, eff 10-10-03; amd by #8260, eff 1-19-05; amd by #8584, eff 3-16-06; amd by #8694, eff 7-27-06; ss by #8838, eff 3-9-07; amd by #8963, eff 8-16-07; amd by #9256, eff 9-10-08; amd by #9408-B, eff 3-10-09; amd by #9633, eff 1-7-10; amd by #9778, eff 9-3-10; amd by #9973, eff 8-9-11; amd by #10068, eff 1-10-12; amd by #10328-B, eff 5-7-13; amd by #10437, eff 10-8-13
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10689, Effective 10/7/2014, Expires10/7/2024.Amended by Volume XXXV Number 23, Filed June 11, 2014 , Proposed by #10824, Effective 5/6/2015, Expires5/6/2025.Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #10991, Effective 12/9/2015, Expires 12/9/2025.Amended by Volume XXXVII Number 50, Filed December 14, 2017, Proposed by #12428, Effective 12/6/2017, Expires 12/6/2027.Amended by Volume XXXVIII Number 28, Filed July 12, 2018, Proposed by #12549, Effective 6/15/2018, Expires 6/15/2028.