Ala. Admin. Code r. 270-X-5-.09 - Non-Disciplinary Administrative Penalties

(1) In the absence of specific aggravating factors, the Board shall assess a non-disciplinary administrative penalty for the following violations:

(a) As to dentists only who allow a licensee under his or her direct supervision to practice without a current annual registration and/or permit after October 1 and before November 1.

(b) As to dentists only, by failing to comply with the provisions of Code of Ala. 1975, § 34-9-15.1 (Patient Records).

(c) Failing to timely renew any license or permit required pursuant to the Alabama Dental Practice Act and performing activities which require the applicable license or permit after October 1 and before November 1.

(d) Failing to comply with the provisions of Board Rule 270-X-4.04 (Mandatory Continuing Education For Dentists And Dental Hygienists), but only if the licensee pays the applicable penalty and cures the violation by earning all of the deficient hours by the December 31 immediately following the continuing education cycle in which the violation occurred.

(e) As to dentists only, failing to comply with the provisions of Board Rule 270-X-2-.20 (Reporting Of Adverse Occurrences).

(2) The non-disciplinary administrative penalty shall be $500.00.

(3) If any licensee, having been assessed a non-disciplinary administrative penalty pursuant to this rule, fails to pay the assessed amount within thirty (30) days of notice thereof or by such other deadline as prescribed by the Board, the Board will set aside the non-disciplinary administrative penalty and initiate disciplinary action through formal contested case proceedings.

(4) A licensee shall not qualify for a non-disciplinary administrative penalty more than once in any five-year period.

Notes

Ala. Admin. Code r. 270-X-5-.09

New Rule: Filed July 24, 2009; effective August 28, 2009. Amended: Filed February 22, 2012; effective March 28, 2012. New Rule: Filed July 24, 2009; effective August 28, 2009. Amended: Filed February 22, 2012; effective March 28, 2012. Amended: Filed May 7, 2014; effective June 11, 2014. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 10, July 31, 2015, eff. 8/18/2015. Amended by Alabama Administrative Monthly Volume XXXVII, Issue No. 03, December 28, 2018, eff. 1/27/2019. Amended by Alabama Administrative Monthly Volume XLII, Issue No. 07, April 30, 2024, eff. 6/14/2024. Amended by Alabama Administrative Monthly Volume XLIII, Issue No. 05, February 28, 2025, eff. 4/14/2025.

Author: Board of Dental Examiners of Alabama

Statutory Authority: Code of Ala. 1975, §§ 34-9-18(16), Act 2009-18.