Frequently Asked Questions

Scope of Practice & Regulatory 

Whether a general dentist in New Jersey may administer Botox and dermal fillers such as Juvederm, and what training requirements apply.

In New Jersey, the scope of permissible dental practice is established under the Dental Practice Act (N.J.S.A. 45:6-19) and implemented through the regulations of the New Jersey State Board of Dentistry (N.J.A.C. 13:30-8.4A).  Under this framework, a licensed dentist may administer injectable pharmacologics, including botulinum toxin and dermal fillers, provided the services are within the scope of dentistry and all applicable regulatory requirements are met. Specifically:  • The dentist must complete at least 21 hours of Board-approved postdoctoral education specific to injectable pharmacologics, including anatomy, pharmacology, patient assessment, and emergency management. • Documentation of completed training must be maintained and made available to the New Jersey State Board of Dentistry upon request. • Injectables may be administered only in a dental setting, following a documented dental examination and review of the patient’s medical history. • Treatment must be limited to the oral and peri-oral region (including the lips, cheeks, jaws, and associated structures) and must be related to a dental diagnosis or dental treatment. • Botox and dermal fillers may not be administered solely for cosmetic or aesthetic purposes unrelated to dentistry. • Injectable services may not be delegated to unlicensed personnel. • Dentists may not advertise injectable services that fall outside the scope of dentistry as defined by the Dental Practice Act.  Dentists who are uncertain whether a particular injectable service falls within permissible dental scope are encouraged to seek guidance directly from the New Jersey State Board of Dentistry. 

Whether a New Jersey dentist needs DEA registration to prescribe antibiotics, Motrin, or other non-controlled medications.

Under New Jersey law, a DEA registration is not required for a New Jersey-licensed dentist who prescribes only non-controlled medications such as antibiotics and Motrin.  Pursuant to N.J.A.C. 13:30-8.18, dentists may issue prescriptions within the scope of dental practice, and additional requirements apply only when controlled dangerous substances (CDS) are prescribed.  Antibiotics and NSAIDs like Motrin are not controlled dangerous substances under N.J.S.A. 24:21-2. Additionally, N.J.A.C. 13:45H-1.2 requires State registration only for individuals who prescribe, dispense, or administer controlled dangerous substances, confirming that registration is not required for non-controlled medications.  Accordingly, a DEA registration is required only if a dentist prescribes controlled dangerous substances. Dentists who prescribe only antibiotics, anti-inflammatory medications, or other non-controlled drugs are not required to obtain or maintain DEA registration.

How to handle situations where a patient refuses X-rays, including documentation requirements, liability considerations, and whether a practice may dismiss the patient.

New Jersey does not have a statute or regulation that mandates X-rays for every patient. However, NJSA 45:6-19 recognizes radiographs as part of the practice of dentistry, and NJAC 10:56-2.7 states that radiographs should be taken when needed for diagnosis and treatment planning. The ADA advises that X-rays be taken only when clinically necessary, based on patient risk factors and oral conditions.  Patients have the legal right to refuse any diagnostic procedure, including radiographs. However, refusal has clinical and legal implications:  • NJAC 13:30-8.7 requires dentists to document significant patient interactions, including refusal of recommended treatment. • The ADA requires dentists to explain the need for radiographs and the risks of refusing them, and to document the refusal. • A signed refusal form is appropriate and necessary, but documentation alone does not eliminate liability if harm occurs due to failure to diagnose a condition that standard-of-care diagnostics would reasonably have identified.  If refusal of radiographs prevents proper diagnosis, compromises patient safety, or prevents the provider from meeting the standard of care, the dentist may ethically and legally decline to treat or terminate the provider–patient relationship, provided that proper documentation exists, the patient receives appropriate written notice, emergency care is not abandoned, and termination follows ethical standards and non-discriminatory policies.  Note: A refusal form is a risk-management tool, not a legal immunity document.

Dentist obligations for reporting suspected abuse of adult patients, vulnerable adults, and situations where children may be at risk.

In New Jersey, reporting obligations depend on whether the patient is considered a vulnerable adult and whether children may be at risk:  Adult Patient (Not Classified as Vulnerable) • There is no legal mandate to report suspected abuse of a non-vulnerable adult. • The dentist may offer resources and support to the patient, including the NJ Domestic Violence Hotline: 1-800-572-7233. • Encourage seeking assistance from law enforcement or social services if the patient wishes.  Vulnerable Adult (Elderly or Physically/Mentally Disabled) • Dentists are considered mandated reporters under N.J. Rev. Stat. § 52:27D-409 for abuse, neglect, or exploitation of vulnerable adults. • Reports of suspected abuse, neglect, or exploitation must be made to Adult Protective Services (APS).  Children in the Household • If the suspected abuse of the adult parent places children at risk, reporting is mandatory to the NJ Child Abuse Hotline: 1-877-652-2873. • This applies regardless of the adult patient’s consent.  Legal Protection for Good-Faith Reporting Under N.J.S.A. 52:27D-409(d), any person who reports suspected abuse, neglect, or exploitation of a vulnerable adult in good faith shall have immunity from civil and criminal liability. This protection also extends to participation in any subsequent judicial proceedings arising from the report.  When reporting, documentation should include reasonable observations, patient statements, and any relevant clinical findings. 

Whether a Registered Dental Assistant (RDA) in New Jersey may perform coronal polishing as part of a dental prophylaxis.

Under New Jersey regulations, a Registered Dental Assistant (RDA) may not legally perform coronal polishing as part of a prophylaxis.  Registered Dental Assistant Scope of Practice (NJAC 13:30-2.4) The regulations for RDAs list the tasks they may perform under the direct supervision of a licensed dentist; however, coronal polishing as part of a dental prophylaxis is not included in the duties listed for RDAs.  Licensed Dental Hygienist Scope of Practice (NJAC 13:30-1A.3) By contrast, NJAC 13:30-1A.3 specifically includes polishing of natural and restored teeth as part of a complete prophylaxis in the scope of practice for licensed dental hygienists.  In Summary: • An RDA in New Jersey may not legally perform coronal polishing as part of a prophylaxis. • Coronal polishing is within the scope of practice of a licensed dental hygienist. • RDAs may perform other specified duties under direct supervision, but polishing teeth is not among them under current NJ regulations.