TITLE 24

Professions and Occupations

CHAPTER 11. DENTISTRY AND DENTAL HYGIENE

Subchapter III. Other Provisions


Nothing in this chapter shall be construed to prevent:

(1) A licensed dentist or dental hygienist serving in any branch of the United States Armed Services, Veterans' Administration or Public Health Service from discharging the dentist's or dental hygienist's official duties;

(2) A licensed physician or surgeon from extracting teeth or treating pathological conditions of the mouth, teeth or oral tissues, or from radiographing such tissues, unless such person practices dentistry as a specialty;

(3) A lawful practitioner of dentistry in another state, the District of Columbia or a territory of the United States from making a clinical demonstration for educational purposes before a dental society, convention, association of dentists or dental college or performing duties in connection with a specific case on which the practitioner may have been called to this State by a legally qualified practitioner of dentistry of this State.

(4) A practitioner of dentistry who maintains a lawful dental license to practice in another state, the District of Columbia or a territory of the United States from making a clinical demonstration in connection with the lawful research and development of dental product or dental products manufactured by a dental manufacturer complying with guidelines set forth by the United States Food and Drug Administration.

(5) A person otherwise qualified under this chapter from rendering dental services in a nonprofit, tax-exempt organization as described in §§ 501(c)(3), 509(a)(1) and 170(b)(1)(A)(iii) of the Internal Revenue Code [26 U.S.C. §§ 501(c)(3), 509(a)(1), and 170(b)(1)(A)(iii)] that does not charge for its services and is affiliated with a hospital, licensed by the Department of Health and Social Services, and accredited by the Joint Commission on Accreditation of Hospitals or the American Osteopathic Association.

73 Del. Laws, c. 332, § 2; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 463, § 34.;

A person not currently licensed as a dentist or dental hygienist under this chapter who engages in the practice of dentistry or dental hygiene or uses in connection with that person's name, or otherwise assumes or uses, any title or description conveying, or tending to convey, the impression that the person is qualified to practice dentistry or dental hygiene shall be guilty of a misdemeanor. Upon the first offense, the person shall be fined not less than $500 nor more than $1,000 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000 nor more than $2,000 for each offense. Justice of the Peace Courts shall have jurisdiction over all violations of this section.

73 Del. Laws, c. 332, § 2; 70 Del. Laws, c. 186, § 1.;

(a) No person shall repair, construct, adjust or alter any appliance, denture or dental restoration except under the authorization and responsibility of a licensed practitioner of dentistry as defined by this chapter.

(b) Dentists may have direct supervision of dental assistants.

73 Del. Laws, c. 332, § 2; 77 Del. Laws, c. 463, § 35.;

Pharmacists licensed by this State may fill prescriptions of dentists licensed by this State for any drug necessary in the practice of dentistry, dental surgery or oral surgery.

73 Del. Laws, c. 332, § 2.;

No written prescription shall be prescribed if it does not contain the following information clearly written, clearly hand printed, electronically printed, or typed:

(1) The name, address and phone number of the prescriber;

(2) The name and strength of the drug prescribed;

(3) The quantity of the drug prescribed;

(4) The directions for use of the drug;

(5) Date of issue.

75 Del. Laws, c. 161, § 2.;

No person licensed under this chapter shall perform any invasive procedure, as defined in § 122(3)y. of Title 16, in a facility unless such facility is accredited or licensed in accordance with § 122(3)z. of Title 16. For purposes of this section, the terms "facility" and "invasive medical procedure" shall have the meanings set forth in § 122(3)y. of Title 16.

78 Del. Laws, c. 80, § 4.;