Best v. North Carolina State Board of Dental Examiners

LEWIS, Judge.

The petitioner is a periodontist who practices in Jacksonville. By this action he seeks to determine what constitutes a “lawfully qualified nurse” in N.C.G.S. § 90-29(b)(6). We must determine whether the Dental Board or the Nursing Board has the authority and jurisdiction to define “lawfully qualified nurse” under this provision of the Dental Practice Act.

In May 1986, to assist him in his dental practice, petitioner hired a registered nurse. Petitioner trained the nurse, and delegated to her, among other duties, the task of administering intraoral injections of anesthetic.…