The Board finds that in addition to the conduct set forth in
unprofessional conduct includes, but is not limited to, the following in which
a licensee does or knowingly permits any person to:
(1) Attempt to obtain a fee by fraud, or
Obtain a fee
by fraud, or misrepresentation.
(a) A licensee
obtains a fee by fraud if the licensee knowingly makes, or permits any person
to make, a material, false statement intending that a recipient, who is unaware
of the truth, rely upon the statement.
(b) A licensee obtains a fee by
misrepresentation if the licensee obtains a fee through making or permitting
any person to make a material, false statement.
(c) Giving cash discounts and not disclosing
them to third party payers is not fraud or misrepresentation.
(3) Offer rebates, split fees, or
commissions for services rendered to a patient to any person other than a
partner, employee, or employer.
Accept rebates, split fees, or commissions for services rendered to a patient
from any person other than a partner, employee, or employer.
(5) Initiate, or engage in, with a patient,
any behavior with sexual connotations. The behavior can include but is not
limited to, inappropriate physical touching; kissing of a sexual nature;
gestures or expressions, any of which are sexualized or sexually demeaning to a
patient; inappropriate procedures, including, but not limited to, disrobing and
draping practices that reflect a lack of respect for the patient's privacy; or
initiating inappropriate communication, verbal or written, including, but not
limited to, references to a patient's body or clothing that are sexualized or
sexually demeaning to a patient; and inappropriate comments or queries about
the professional's or patient's sexual orientation, sexual performance, sexual
fantasies, sexual problems, or sexual preferences.
(6) Engage in an unlawful trade practice as
defined in ORS
(7) Fail to present a treatment plan with
estimated costs to a patient upon request of the patient or to a patient's
guardian upon request of the patient's guardian.
(8) Misrepresent any facts to a patient
concerning treatment or fees.
Fail to provide a patient or patient's
guardian within 14 days of written request:
(A) Legible copies of records; and
(B) Duplicates of study models, radiographs
of the same quality as the originals, and photographs if they have been paid
(b) The licensee may
require the patient or guardian to pay in advance a fee reasonably calculated
to cover the costs of making the copies or duplicates. The licensee may charge
a fee not to exceed $30 for copying 10 or fewer pages of written material and
no more than $0.50 per page for pages 11 through 50 and no more than $0.25 for
each additional page (including records copied from microfilm), plus any
postage costs to mail copies requested and actual costs of preparing an
explanation or summary of information, if requested. The actual cost of
duplicating radiographs may also be charged to the patient. Patient records or
summaries may not be withheld from the patient because of any prior unpaid
bills, except as provided in (9)(a)(B) of this rule.
(10) Fail to identify to a patient, patient's
guardian, or the Board the name of an employee, employer, contractor, or agent
who renders services.
prescription forms pre-printed with any Drug Enforcement Administration number,
name of controlled substances, or facsimile of a signature.
(12) Use a rubber stamp or like device to
reproduce a signature on a prescription form or sign a blank prescription
Order drugs listed on
Schedule II of the Drug Abuse Prevention and Control Act,
21 U.S.C. Sec.
, for office use on a prescription
(14) Violate any Federal or
State law regarding controlled substances.
(15) Becomes addicted to, or dependent upon,
or abuses alcohol, illegal or controlled drugs, or mind altering substances, or
practice with an untreated substance use disorder diagnosis that renders the
licensee unable to safely conduct the practice of dentistry, dental hygiene or
dentistry, dental hygiene or dental therapy in a dental office or clinic not
owned by an Oregon licensed dentist(s), except for an entity described under
and dental hygienists practicing pursuant to ORS
(17) Make an agreement with a patient or
person, or any person or entity representing patients or persons, or provide
any form of consideration that would prohibit, restrict, discourage or
otherwise limit a person's ability to file a complaint with the Oregon Board of
Dentistry; to truthfully and fully answer any questions posed by an agent or
representative of the Board; or to participate as a witness in a Board
(18) Fail to maintain
at a minimum a current BLS for Healthcare Providers certificate or its
(19) Conduct unbecoming
a licensee or detrimental to the best interests of the public, including
conduct contrary to the recognized standards of ethics of the licensee's
profession or conduct that endangers the health, safety or welfare of a patient
or the public.
deceiving or attempting to deceive the Board, an employee of the Board, or an
agent of the Board in any application or renewal, or in reference to any matter
under investigation by the Board. This includes but is not limited to the
omission, alteration or destruction of any record in order to obstruct or delay
an investigation by the Board, or to omit, alter or falsify any information in
patient or business records.
Knowingly practicing with a physical or mental impairment that renders the
Licensee unable to safely conduct the practice of dentistry, dental hygiene or
(22) Take any
action which could reasonably be interpreted to constitute harassment or
retaliation towards a person whom the licensee believes to be a complainant or
(23) Fail to register with
the Prescription Drug Monitoring Program (PDMP) in order to have access to the
Program's electronic system if the Licensee holds a Federal Drug Enforcement
Administration (DEA) registration
Or. Admin. R.
DE 6, f. 8-9-63, ef.
9-11-63; DE 14, f. 1-20-72, ef. 2-10-72; DE 5-1980, f. & ef. 12-26-80; DE
2-1982, f. & ef. 3-19-82; DE 5-1982, f. & ef. 5-26-82; DE 9-1984, f.
& ef. 5-17-84; Renumbered from 818-010-0080; DE 3-1986, f. & ef.
3-31-86; DE 1-1988, f. 12-28-88, cert. ef. 2-1-89; DE 1-1989, f. 1-27-89, cert.
ef. 2-1-89; Renumbered from 818-011-0020; DE 1-1990, f. 3-19-90, cert. ef.
4-2-90; DE 2-1997, f. & cert. ef. 2-20-97; OBD 3-1999, f. 6-25-99, cert.
ef. 7-1-99; OBD 1-2006, f. 3-17-06, cert. ef. 4-1-06; OBD 1-2007, f. &
cert. ef. 3-1-07; OBD 3-2007, f. & cert. ef. 11-30-07; OBD 1-2008, f.
11-10-08, cert. ef. 12-1-08; OBD 2-2009, f. 10-21-09, cert. ef. 11-1-09; OBD
1-2014, f. 7-2-14, cert. ef. 8-1-14;
3-2015, f. 9-8-15, cert. ef.
2-2016, f. 11-2-16, cert. ef.
2-2019, amend filed 10/29/2019, effective
1-2022, amend filed 06/21/2022, effective
Publications: Publications referenced are available from the
Statutory/Other Authority: ORS 679 & 680
Statutes/Other Implemented: ORS