NC SB 382 – A Town Hall

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Not Enrolled
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On March 28, 2023 Senate Bill 382 was sponsored by the NCDS and introduced to the NC legislature by Senators Perry, Adcock, Corbin, and Johnson.  This bill, which has already passed the Senate and now is in committee in the House, opens the NC dental practice act and makes a number of important changes.

The bill addresses important topics such as instructors licenses, licensing of practitioners in other states, and disciplinary actions. But the provision also includes enhanced powers for the NC Board of Dental Examiners (NCBDE) to compel applicants for licensure or existing licensees to undergo mental health examinations and/or testing for unspecified justifications at any time with the full force of the NCBDE behind it. The language of this bill as well as that in the NCBDE’s new Settlement Conference protocol are important changes that potentially impact a licensee’s ability to defend themselves.

We are pleased to offer a video production – unedited, in it’s entirety – of the town hall as a service to the community.

There are a couple of key points to take away:

  • Proponents of the legislation state that licensees subject to the provision will hugely benefit from administrative privacy.
    • Administrative privacy is at odds with intrusive sacrificing of bodily autonomy and privacy. It is a HIPAA violation.
    • While investigations are private, proceedings from board actions (suspension, administrative hearings) are by law always public
  • The mental health and substance abuse awareness (MHSA) CE requirement is derived from the results a survey conducted by the NCCDP with a small sample at – or near – the height of the hysteria of the COVID pandemic. This is sampling bias.
    • 37% of all respondents had indicator of depression (61% RDH / 56% DDS)
    • CDP estimates 10-20% (national statistic) of all DDS/RDH in state have MHSA problem (1600 DDS / 3200 RDH)
  • Proponents of SB 382 feel the biased NCCDP survey results support the provision
  • SB 382 is championed after NC GS 90-14 with several very important key differences:
    • Unlike the NC Physicians Health Program (NCPHP), the NCCDP is NOT at arms length from the licensing board and does NOT afford licensees the constitutional right to freedom of choice with regard to their healthcare and bodily autonomy.
      • Licensees must choose from a limited list of “approved CDP providers”
        • It is widely accepted those with a substance abuse disorder will fail their recovery and re-initiate use. Therefore while there may be slight differences in outcomes between providers/facilities, overall failure is highly likely making the basis for the NCCDP use of “preferred providers” questionable.
        • A “preferred provider” relationship suggests some sort of reciprocal relationship which always raises a question
        • The limitation of choice to “preferred providers” is a restriction of a basic constitutional right to freedom of choice and bodily autonomy
    • NC GS 90-14 DOES NOT provide a provision for license revocation unlike SB 382
  • SB 382 is the result of:
    • A flawed NCCDP 2020 survey
    • Anesthesia fatalities
  • Licensees subject to SB 382 will be referred to the NCCDP based upon the interpretation of the final results of an investigation by dentists, NOT physicians.
  • If signed into law, SB 382 – with the omnipresent threat of license revocation – can be subject to administrative abuse.

CE Dojo is an Academy of General Dentistry National PACE provider of continuing education – will be hosting this event free of charge to those who attend.  There will be no continuing education credit issued.

Ratings and Reviews

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Nedda Ibrahim
Posted 1 year ago
Very informative

Excellent platform for beneficial dialogue, I am 100% better informed. The informal setting and discussion allowed for good transfer of pertinent information. Thank you to Dr Lambert and all Please please have more of these Town Hall meetings to keep us dentists informed. Dr. Nedda I. Ibrahim DDS MPH

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Posted 1 year ago

Oh wow…thank you very much! Glad it helped!

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