§ 59-328.32. Dentists - Grounds for penalties.

A.  The following acts or occurrences by a dentist shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry:

1.  Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, or a violation of federal or state controlled dangerous substances laws;

2.  Presenting to the Board a false diploma, license, or certificate, or one obtained by fraud or illegal means;

3.  Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dentistry;

4.  Publishing a false, fraudulent, or misleading advertisement or statement;

5.  Authorizing or aiding an unlicensed person to practice dentistry, to practice dental hygiene, or to perform a function for which a permit from the Board is required;

6.  Authorizing or aiding a dental hygienist to perform any procedure prohibited by the State Dental Act or the rules of the Board;

7.  Authorizing or aiding a dental assistant or oral maxillofacial surgery assistant to perform any procedure prohibited by the State Dental Act or the rules of the Board;

8.  Failing to pay fees as required by the State Dental Act or the rules of the Board;

9.  Failing to complete continuing education requirements;

10.  Representing himself or herself to the public as a specialist in a dental specialty without holding a dental specialty license therefor;

11.  Representing himself or herself to the public as a specialist whose practice is limited to a dental specialty, when such representation is false, fraudulent, or misleading;

12.  Endangering the health of patients by reason of having a highly communicable disease and continuing to practice dentistry without taking appropriate safeguards;

13.  Practicing dentistry in an unsafe or unsanitary manner or place, including but not limited to repeated failures to follow Centers for Disease Control (CDC) or Occupational Health Safety Administration (OSHA) guidelines;

14.  Being shown to be mentally unsound;

15.  Being shown to be grossly immoral and that such condition represents a threat to patient care or treatment;

16.  Being incompetent to practice dentistry while delivering care to a patient;

17.  Committing gross negligence in the practice of dentistry;

18.  Committing repeated acts of negligence in the practice of dentistry;

19.  Offering to effect or effecting a division of fees, or agreeing to split or divide a fee for dental services with any person, in exchange for the person bringing or referring a patient;

20.  Being involuntarily committed to an institution for treatment for substance abuse, until recovery or remission;

21.  Using or attempting to use the services of a dental laboratory or dental laboratory technician without issuing a laboratory prescription, except as provided in subsection C of Section 328.36 of this title;

22.  Aiding, abetting, or encouraging a dental hygienist employed by the dentist to make use of an oral prophylaxis list, or the calling by telephone or by use of letters transmitted through the mails to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist;

23.  Having more than the equivalent of three full-time dental hygienists for each dentist actively practicing in the same dental office who will supervise the dental hygienists, dental assistants, or oral maxillofacial surgery assistants;

24.  Allowing a person not holding a permit or license issued by the Board to assist in the treatment of a patient without having a license or permit issued by the Board;

25.  Knowingly patronizing or using the services of a dental laboratory or dental laboratory technician who has not complied with the provisions of the State Dental Act and the rules of the Board;

26.  Authorizing or aiding a dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory to violate any provision of the State Dental Act or the rules of the Board;

27.  Willfully disclosing confidential information;

28.  Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law;

29.  Prescribing or administering any drug or treatment without having established a valid dentist-patient relationship;

30.  Using or administering nitrous oxide gas in a dental office in an inappropriate or unauthorized manner;

31.  Engaging in nonconsensual physical contact with a patient which is sexual in nature, or engaging in a verbal communication which is intended to be sexually demeaning to a patient;

32.  Practicing dentistry without displaying, at the dentist's primary place of practice, the license issued to the dentist by the Board to practice dentistry and the current renewal certificate;

33.  Being dishonest in a material way with a patient;

34.  Failing to retain all patient records for at least three (3) years from the date of the last treatment, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;

35.  Failing to retain the dentist's copy of any laboratory prescription for at least three (3) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;

36.  Allowing any corporation, organization, group, person, or other legal entity, except another dentist or a professional entity that is in compliance with the registration requirements of subsection B of Section 328.31 of this title, to direct, control, or interfere with the dentist's clinical judgment.  Clinical judgment shall include, but not be limited to, such matters as selection of a course of treatment, control of patient records, policies and decisions relating to pricing, credit, refunds, warranties and advertising, and decisions relating to office personnel and hours of practice.  Nothing in this paragraph shall be construed to:

a.limit a patient's right of informed consent, or

b.to prohibit insurers, preferred provider organizations and managed care plans from operating pursuant to the applicable provisions of the Oklahoma Insurance Code and the Public Health Code;

37.  Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction or suspension or revocation of the license of the dentist under the laws of that state;

38.  Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice;

39.  Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title; or

40.  Failing to cooperate during an investigation or providing false information, verbally or in writing, to the Board, the Board's investigator or an agent of the Board.

B.  The provisions of the State Dental Act shall not be construed to prohibit any dentist from displaying or otherwise advertising that the dentist is also currently licensed, registered, certified, or otherwise credentialed pursuant to the laws of this state or a nationally recognized credentialing board, if authorized by the laws of the state or credentialing board to display or otherwise advertise as a licensed, registered, certified, or credentialed dentist.

Added by Laws 1970, c. 173, § 32, eff. July 1, 1970.  Amended by Laws 1996, c. 2, § 10, eff. Nov. 1, 1996; Laws 1998, c. 377, § 5, eff. Nov. 1, 1998; Laws 2000, c. 283, § 6, eff. Nov. 1, 2000; Laws 2011, c. 262, § 3, eff. July 1, 2011; Laws 2012, c. 270, § 7, eff. Nov. 1, 2012; Laws 2013, c. 405, § 12, eff. July 1, 2013.