Oklahoma Statutes Citationized Title 59. Professions and Occupations Chapter 7 Dentistry Part 1 The State Dental Act



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Section 328.44a - Issuance of Order Imposing Penalties
A. The Board of Dentistry is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory has committed any of the acts or occurrences set forth in Sections 328.29, 328.32, 328.33, 328.39 and 328.39a of this title:

1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;

2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;

3. Revocation of a license or permit issued by the Board;

4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;

5. Issuance of a censure;

6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;

7. Probation monitoring fees, which shall be the responsibility of the licensee on all probations;

8. Restriction of the services that can be provided by a dentist or dental hygienist, under such terms and conditions as deemed appropriate by the Board; or

9. Assessment for the cost of the investigation and hearing process including attorney fees.

B. A dentist, dental hygienist, dental assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section, shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.
Historical Data Added by Laws 1996, HB 1880, c. 2, § 16, eff. November 1, 1996; Amended by Laws 2003, HB 1445, c. 172, § 8, emerg. eff. May 5, 2003 (superseded document available); Amended by Laws 2005, HB 1337, c. 377, § 6, eff. November 1, 2005 (superseded document available); Amended by Laws 2011, SB 574, c. 262, § 5, emerg. eff. July 1, 2011 (superseded document available).

Section 328.44b - Right to Surrender License, Permit, or Certificate

A. A holder of a license, a permit, or certificate granted by the Board shall have the right to surrender the license, permit, or certificate, in writing, notarized, to the Board if the holder is in good standing with the Board as determined, in its discretion, by the Board. The Board shall accept such surrender in writing after approval at a regular or special Board meeting with the statement that the holder is in good standing with the Board. Any holder who has surrendered a license, permit, or certificate issued by the Board and who shall apply for a license, permit, or certificate after surrender shall be subject to all statutes and rules of the Board applicable at the time of the new application.

B. A holder of a license, permit, or certificate shall not be considered to be in good standing if an investigation of a complaint is pending against the holder. The Board shall not accept a surrender until a complaint is dismissed by the review panel, a settlement agreement is entered or the Board determines that an individual proceeding shall be initiated pursuant to Section 328.43a of Title 59 of the Oklahoma Statutes.

C. If a holder of a license, permit, or certificate wishes to surrender the license, permit, or certificate during the pendency of an initial proceeding, the Board may accept or reject the surrender, in its discretion. The acceptance must be in writing after approval by the Board at a regular or special Board meeting. Any acceptance shall contain the statement that the acceptance is pending disciplinary action. No person who surrenders a license, permit, or certificate to the Board during a pending disciplinary action shall be eligible for reinstatement for a period of five (5) years from the date the surrender is accepted by the Board.

D. The Board shall retain jurisdiction over the holder of any license, permit, or certificate for all disciplinary matters pending at the time surrender is sought by the holder.

E. All surrenders of licenses, permits, or certificates, whether the holder is or is not in good standing, shall be reported to the national practitioner data bank with the notation in good standing or pending disciplinary action.


Historical Data Added by Laws 2005, HB 1337, c. 377, § 7, eff. November 1, 2005.

Section 328.48 - Annual Statement of Receipts and Expenditures

It shall be the duty of the Board of Dentistry, annually, to have prepared a statement showing the total amount of receipts and expenditures of the Board for the preceding twelve (12) months. The statement shall be properly certified under oath by the president and secretary-treasurer of the Board to the Governor of this state.


Historical Data Laws 1970, SB 632, c. 173, § 48, emerg. eff. July 1, 1970; Amended by Laws 2003, HB 1445, c. 172, § 9, emerg. eff. May 5, 2003 (superseded document available).

Section 328.49 - Enforcement of Act - Unlawful Acts - Penalties for Violations - Criminal and Civil Actions

A. The Board of Dentistry shall be responsible for the enforcement of the provisions of the State Dental Act against all persons who are in violation thereof, including, but not limited to, individuals who practice or attempt to practice dentistry or dental hygiene without proper authorization from the Board.

B. 1. It shall be unlawful for any person, except a licensed dentist, to:

a. practice or attempt to practice dentistry,

b. hold oneself out to the public as a dentist or as a person who practices dentistry, or

c. employ or use the words "Doctor" or "Dentist", or the letters "D.D.S." or "D.M.D.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered dental hygienist, to:

a. practice or attempt to practice dental hygiene,

b. hold oneself out to the public as a dental hygienist or as a person who practices dental hygiene, or

c. employ or use the words "Registered Dental Hygienist", or the letters "R.D.H.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a. give false or fraudulent evidence or information to the Board in an attempt to obtain any license or permit from the Board, or

b. aid or abet another person in violation of the State Dental Act.

4. Each day a person is in violation of any provision of this subsection shall constitute a separate criminal offense and, in addition, the district attorney may file a separate charge of medical battery for each person who is injured as a result of treatment performed in violation of this subsection.

C. 1. If a person violates any of the provisions of subsection B of this section, the Board shall refer the alleged violation to the district attorney of the county in which the violation is alleged to have occurred to bring a criminal action in that county against the person. At the request of the Board, district attorney or Attorney General, attorneys employed or contracted by the Board may assist the district attorney or Attorney General in prosecuting charges under the State Dental Act or any violation of law relating to or arising from an investigation conducted by the Board of Dentistry upon approval of the Board or the Executive Director.

2. Any person who violates any of the provisions of paragraph 1 or 3 of subsection B of this section, upon conviction, shall be guilty of a felony punishable by a fine in an amount not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or by imprisonment in the county jail for a term of not more than one (1) year or imprisonment in the custody of the Department of Corrections for a term of not more than four (4) years, or by both such fine and imprisonment.

Any person who violates any of the provisions of paragraph 2 of subsection B of this section, upon conviction, shall be guilty of a misdemeanor punishable by a fine in an amount not less than Five Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for a term of not more than ninety (90) days, or by both such fine and imprisonment. Any second or subsequent violation of paragraph 2 of subsection B of this section, upon conviction, shall be a felony punishable by a fine in an amount not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for a term of not more than one (1) year or imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, or by both such fine and imprisonment.

D. The Board may initiate a civil action, pursuant to Chapter 24 of Title 12 of the Oklahoma Statutes, seeking a temporary restraining order or injunction, without bond, commanding a person to refrain from engaging in conduct which constitutes a violation of any of the provisions of subsection B of this section. In a civil action filed pursuant to this subsection, the prevailing party shall be entitled to recover costs and reasonable attorney fees.

E. In addition to any other penalties provided herein, any person found guilty of contempt of court by reason of the violation of any injunction prohibiting the unlicensed practice of dentistry now in effect or hereafter entered pursuant to any provision of the State Dental Act or any preceding state dental act, shall be punished by imprisonment in the county jail for a term of not less than thirty (30) days nor more than one (1) year, and by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars ($1,000.00). The court may also require the defendant to furnish a good and sufficient bond in a penal sum to be set by the court, not less than One Thousand Dollars ($1,000.00), which shall be conditioned upon future compliance in all particulars with the injunction entered, and in the event of failure of the defendant to furnish such bond when so ordered, the defendant shall be confined in the county jail pending compliance therewith. Such bond shall be mandatory as to any person hereafter found guilty of a second contempt of court for violation of any injunction entered pursuant to the State Dental Act, or any preceding state dental act.
Historical Data Laws 1970, SB 632, c. 173, § 49, emerg. eff. July 1, 1970; Amended by Laws 1996, HB 1880, c. 2, § 17, eff. November 1, 1996; Amended by Laws 2003, HB 1445, c. 172, § 10, emerg. eff. May 5, 2003 (superseded document available); Amended by Laws 2008, HB 2732, c. 358, § 1, eff. November 1, 2008 (superseded document available); Amended by Laws 2012, SB 1690, c. 270, § 11, eff. November 1, 2012 (superseded document available).
Section 328.51a - Fee and Charge Schedule

A. The Board of Dentistry is authorized to establish, by rule, fees to be charged for the purpose of implementing and enforcing the State Dental Act. Notwithstanding any other provisions of the State Dental Act, the fees established by the Board shall be not less nor more than the range created by the following schedule:



1. LICENSE AND PERMIT APPLICATION FEES:




Minimum

Maximum

a. License by Examination







Dentist

$200.00

$400.00

Dental Hygienist

$100.00

$200.00

b. License by Credentialing







Dentist

$500.00

$1,000.00

Dental Hygienist

$100.00

$200.00

c. Dental Specialty License by Examination

$300.00

$600.00

d. Dental Specialty License by Credentialing

$500.00

$1,000.00

e. Faculty Permit







Dentist

$100.00

$200.00

Dental Hygienist

$50.00

$100.00

f. Dental Intern Permit

$100.00

$200.00

g. Temporary License to Practice Dental Hygiene

$50.00

$100.00

h. Dental Assistant Permit for Expanded Duties

$10.00

$60.00

i. Permit to Operate a Dental Laboratory

$20.00

$60.00

j. General Anesthesia, Permit







Dentist

$100.00

$200.00

k. Conscious Sedation Permit







Dentist

$100.00

$200.00

2. RE-EXAMINATION FEES:

a. License by Examination







Dentist

$200.00

$400.00

Dental Hygienist

$100.00

$200.00

b. Dental Specialty License by Examination

$300.00

$600.00

c. Jurisprudence Only Re-Examination







Dentist

$10.00

$20.00

Dental Hygienist

$10.00

$20.00

3. ANNUAL RENEWAL FEES:







a. Dentist

$100.00

$200.00

b. Dental Hygienist

$65.00

$130.00

c. Dental Specialty License

$100.00

$200.00

d. Faculty Permit







Dentist

$50.00

$100.00

Dental Hygienist

$50.00

$100.00

e. Dental Intern Permit

$50.00

$100.00

f. Dental Assistant Permit for Expanded Duties

$10.00

$60.00

g. Permit to Operate a Dental Laboratory

$20.00

$60.00

h. General Anesthesia Permit







Dentist

$100.00

$200.00

i. Conscious Sedation Permit







Dentist

$100.00

$200.00

4. PENALTY FEES FOR LATE RENEWAL OF LICENSE OR PERMIT:

a. Dentist

$100.00

$200.00

b. Dental Hygienist

$50.00

$100.00

c. Dental Specialty License

$100.00

$200.00

d. Dental Assistant Permit for Expanded Duties

$10.00

$30.00

e. Permit to Operate a Dental Laboratory

$20.00

$60.00

f. General Anesthesia Permit







Dentist

$100.00

$200.00

g. Conscious Sedation Permit







Dentist

$100.00

$200.00

5. OTHER FEES:







a. Duplicate License







Dentist

$10.00

$30.00

Dental Hygienist

$5.00

$15.00

b. Duplicate Permit or Registration

$5.00

$15.00

c. Certificate of Good Standing

$5.00

$15.00

d. Professional Entity Certification Letter

$5.00

$20.00

e. Professional Entity Registration or Update

$5.00

$20.00

f. Laboratory Prescription Books

$2.50

$7.50

g. List of the Name and Current Mailing
address of all Persons who hold a License or Permit issued by the Board. (A request for a list shall be submitted to the Board in writing noting the specific proposed use of the list.)

$25.00

$75.00

B. A person who holds a license to practice dentistry in this state, and who also holds a dental specialty license, shall not be required to pay an annual renewal fee for the dental specialty license if the licensee has paid the annual renewal fee for the license to practice dentistry.


Historical Data Added by Laws 1996, HB 1880, c. 2, § 18, eff. November 1, 1996; Amended by Laws 1997, HB 2090, c. 108, § 7, eff. November 1, 1997 (superseded document available); Amended by Laws 2003, HB 1445, c. 172, § 11, emerg. eff. May 5, 2003 (superseded document available).

Section 328.53 - Dentists - Professional Malpractice Liability Insurance
A. All dentists in active practice licensed by the Board of Dentistry shall maintain a policy for professional malpractice liability insurance; provided, however, that such requirement shall not apply to dentists:

1. Covered by a group or hospital malpractice insurance policy;

2. Practicing in a state facility subject to The Governmental Tort Claims Act, Section 151 et seq. of Title 51 of the Oklahoma Statutes;

3. Practicing in a federal facility subject to the Federal Tort Claims Act;

4. Providing care as a volunteer under a special volunteer license pursuant to Section 328.23a of this title; or

5. Practicing in another state who will not practice within the State of Oklahoma during the license renewal year .

B. The Board of Dentistry may promulgate rules as necessary to carry out the provisions of this section, including, but not limited to, minimum requirements for professional malpractice liability insurance policies and penalties for noncompliance.
Historical Data Added by Laws 2011, SB 574, c. 262, § 8, emerg. eff. July 1, 2011; Amended by Laws 2012, SB 1690, c. 270, § 12, eff. November 1, 2012 (superseded document available).

Section 328.54 - Practice of Dentistry Via the Internet


Any person conducting a diagnosis for the purpose of prescribing medication or treatment or any other action determined to be a dental practice as defined by the State Dental Act, via the Internet or other telecommunications device on any patient that is physically located in this state shall hold a valid Oklahoma state dental license.
Historical Data Added by Laws 2012, SB 1690, c. 270, § 13, eff. November 1, 2012.

Section 328.55 - Duty to Report Death of Patient
All licensees engaged in the practice of dentistry in this state shall notify the Board within twenty-four (24) hours of the discovery of a death of a patient or an emergency hospital visit causally related to the practice of dentistry by the licensee. A licensee shall submit a complete report to the Board of any fatality or serious injury occurring during the practice of dentistry or the discovery of the death of a patient whose death is causally related to the practice of dentistry by the licensee within thirty (30) days of such occurrence.
Historical Data Added by Laws 2012, SB 1690, c. 270, § 14, eff. November 1, 2012.


Section 328.56 - Unlawful Prescriptions - Duties of Dentists

Every dentist shall have a duty to guard against the illegal diversion and unauthorized or forged prescribing of controlled dangerous substances while practicing dentistry and shall:

1. Notify the Board within twenty-four (24) hours of discovery that an employee or other person, known or unknown, has forged or authorized without the dentist’s permission, a prescription via a telecommunications device, electronic prescribing device, written prescription, or otherwise communicated or transferred information with the intent of allowing a person to obtain a controlled dangerous substance in the dentist’s name or by any identifiable license number of the dentist;

2. Maintain all written prescription pads in a safe place while practicing dentistry and shall ensure such prescription pads are not directly accessible to patients;

3. Ensure that all prescriptions issued shall clearly identify the name and current address of the issuing dentist; and

4. Not issue a prescription on a prescribing form in a preprinted format that lists the name of another dentist not presently licensed by the Board.


Historical Data Added by Laws 2012, SB 1690, c. 270, § 15, eff. November 1, 2012.

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