The dishonorable conduct section is intended to protect the
public from dangerous, unethical, and illegal conduct of licensees. The purpose
of this section is to identify unprofessional or dishonorable behaviors of a
licensee which the Board believes are likely to pose a threat to the public.
Actual injury to a patient need not be established for a licensee to be in
violation of this section. Behavior constituting dishonorable conduct includes,
but is not limited to:
(1) Criminal
conduct--including but not limited to conviction of a misdemeanor involving
fraud or a felony under federal law or the law of any state as outlined in
Chapter 101 of this title.
(2)
Deception or misrepresentation--engages in deception or misrepresentation:
(A) in soliciting or obtaining patronage;
or
(B) in obtaining a
fee.
(3) Fraud in
obtaining a license--obtains a license by fraud or misrepresentation or
participates in a conspiracy to procure a license, registration, or
certification for an unqualified person.
(4) Misconduct involving drugs or
alcohol--actions or conduct that include, but are not limited to:
(A) providing dental services to a patient
while the licensee is impaired through the use of drugs, narcotics, or
alcohol;
(B) addicted to or
habitually intemperate in the use of alcoholic beverages or drugs; or
(C) improperly obtained, possessed, or used
habit-forming drugs or narcotics.
(5) Failure to comply with applicable laws,
rules, regulations, and orders--violates or refuses to comply with a law
relating to the regulation of dentists, dental hygienists, or dental
assistants; fails to cooperate with a Board investigation; or fails to comply
with the terms of a Board Order.
(6) Inability to practice safely--is
physically or mentally incapable of practicing in a manner that is safe for the
person's dental patients.
(7)
Discipline of a licensee by another state board--holds a license or certificate
to practice dentistry or dental hygiene in another state and the examining
board of that state:
(A) reprimands the
person;
(B) suspends or revokes the
person's license or certificate or places the person on probation; or
(C) imposes another restriction on the
person's practice.
(8)
Unprofessional conduct--engages in conduct that has become established through
professional experience as likely to disgrace, degrade, or bring discredit upon
the licensee or the dental profession.
