Okla. Stat. tit. 59, § 59-328.32

Oklahoma Statutes - Title 59. Professions and Occupations Page 242

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 or be the basis for denying a new applicant any license or

permit issued by the Board:

1. Pleading guilty or nolo contendere to, or being convicted

of, a felony, a misdemeanor involving moral turpitude, any crime in

which an individual would be required to be a registered sex

offender under state law, any violent crime, Medicaid fraud,

insurance fraud, identity theft, embezzlement 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, or providing

other false information on an application or renewal;

3. Being, by reason of persistent inebriety or addiction to

drugs, incompetent to continue the practice of dentistry or failing

to notify the Board of a licensee, permit holder, or other health

professional that is practicing while impaired or is in a state of

physical or mental health that the licensee or permit holder

suspects constitutes a threat to patient care within seventy-two

(72) hours of witness or belief of such conditions;

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 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 as listed in Section 328.22 of this title;

11. Practicing below the basic standard of care of a patient

which an ordinary prudent dentist with similar training and

experience within the local area would have provided including, but

not limited to, failing to complete proper training and demonstrate

proficiency for any procedure delegated to a dental hygienist or

dental assistant;

12. Endangering the health of patients by reason of having a

highly communicable disease and continuing to practice dentistry

without taking appropriate safeguards;

Oklahoma Statutes - Title 59. Professions and Occupations Page 243

13. Practicing dentistry in an unsafe or unsanitary manner or

place including but not limited to repeated failures to follow

Centers for Disease Control and Prevention (CDC) or Occupational

Safety and Health 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
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 mail to solicit patronage from patients formerly served in the

office of any dentist formerly employing such dental hygienist;

23. Having more than the equivalent of three full-time dental

hygienists for each dentist actively practicing in the same dental

office;

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,

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 information protected by the Health

Insurance Portability and Accountability Act of 1996, P.L. 104-191;

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, or prescribing, dispensing or

administering opioid drugs in excess of the maximum limits

authorized in Section 2-309I of Title 63 of the Oklahoma Statutes;

Oklahoma Statutes - Title 59. Professions and Occupations Page 244

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 or during

the practice of dentistry;

34. Failing to retain all patient records for at least seven

(7) years from the date of the last treatment as provided by Section

328.31b of this title, 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 seven (7) 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:
ol, 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. prohibit insurers, preferred provider organizations

and managed care plans from operating pursuant to the

applicable provisions of the Oklahoma Insurance Code

and the Oklahoma 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 or other sanction by another state board, 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, a state or federal

statute or rule relating to scheduled drugs, fraud, a violent crime

or any crime for which the penalty includes the requirement of

Oklahoma Statutes - Title 59. Professions and Occupations Page 245

registration as a sex offender in this state 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;

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;

41. Having multiple administrative or civil actions reported to

the National Practitioner Data Bank;

42. Failing to complete an approved two-hour course on opioid

and scheduled drug prescribing within one (1) year of obtaining a

license or a violation of a law related to controlled dangerous

substances including prescribing laws pursuant to Section 2-309D of

Title 63 of the Oklahoma Statutes;

43. Falling below the basic standard of care of a licensed

dentist or dentist practicing in his or her specialty, a dental

hygienist, dental assistant, or other licensee or permit holder

pursuant to the State Dental Act and Section 20.1 of Title 76 of the

Oklahoma Statutes; or

44. Failing to provide patient records as provided by Sections

19 and 20 of Title 76 of the Oklahoma Statutes.

B. Any person making a report in good faith to the Board or to

a peer assistance group regarding a professional suspected of

practicing dentistry while being impaired pursuant to paragraph 3 of

subsection A of this section shall be immune from any civil or

criminal liability arising from such reports.

C. 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.