1.    The department of health and human services shall establish criteria to be used in selecting qualified dentists and in identifying cities or surrounding areas, or both, that have a defined need for dental services. The criteria must include consideration of:

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Terms Used In North Dakota Code 43-28.1-03

a.    The number of dentists already providing dental services in the city or surrounding areas, or both; b.    Access to dental services in the city and the surrounding areas; c.    How the dentist will provide dental services to individuals on medical assistance or in a public health clinic, a practice with a focus on an underserved population, or a nonprofit dental clinic; and

d.    The dentist’s training in general dentistry or in a dental specialty and the extent to which such services are needed in the identified city or surrounding areas, or both.

2.    As a term of receipt of funds under this chapter, a dentist shall accept medical assistance patients and assignments or provide dental services in a public health clinic, a practice with a focus on an underserved population, or a nonprofit dental clinic. For purposes of a dentist selected for loan payment under this chapter who practices within fifteen miles [24.14 kilometers] of the city limits of one of the three largest cities in the state, to qualify to receive a yearly disbursement under this chapter during that year of obligated service, the dentist must have:

a.    Received dental medical payments of at least twenty thousand dollars in the form of medical assistance reimbursement; or

b.    Practiced at least two full workdays per week at a public health clinic or at a nonprofit dental clinic that uses a sliding fee schedule to bill the nonprofit dental clinic’s patients.

3.    The department of health and human services may consult with public and private sector entities in establishing criteria and evaluating needs based on the criteria.