Utah Admin. Code R156-69-502 - Unprofessional Conduct

"Unprofessional Conduct" includes the following:

(1) for any patient under any level of sedation, including nitrous oxide:

(a) failing to provide continuous in-operatory observation by a trained dental patient care staff member until the patient continuously and independently maintains their airway and may be safely discharged; or

(b) failing to record the discharge time and the person discharging the patient in the patient's records;

(2) under Subsections 58-69-502(1)(b) and (2), advertising or otherwise holding oneself out to the public as a dentist or dental group that practices in a specialty area, if:

(a) the dentist, or each dentist in the dental group, has not successfully completed an advanced educational program accredited by CODA;

(b) as specified in Subsection 58-69-502(2)(b), the advertisement or other method of holding oneself out to the public as a dentist or dental group does not include a prominent disclaimer under Subsection R156-69-102(41) that the dentist or dentists performing services are licensed as general dentists or that the specialty services:

(i) is or are licensed as general dentists or that the specialty services will be provided by a general dentist; or

(ii) is or are specialists, but not qualified as a specialist in the specialty area being advertised;

(3) advertising in any form that is misleading, deceptive, or false, including the display of any credential, education, or training that is inaccurate, or making any unsubstantiated claim of superiority in education, certification, training, skill, experience, or any other quantifiable aspect;

(4) prescribing treatments and medications outside the scope of dentistry;

(5) prescribing for oneself any Schedule II or III controlled substance;

(6) engaging in practice as a dentist or dental hygienist without prominently displaying a copy of the current Utah license;

(7)

(a) failing to personally maintain current CPR, BCLS-BLS, ACLS, or PALS certification as required by the licensee's anesthesia permit; or

(b) employing patient care staff who fail to maintain current CPR or BCLS-BLS certification;

(8) providing consulting or other dental services under anonymity;

(9) engaging in unethical or illegal billing practices or fraud, including:

(a) reporting an incorrect treatment date for obtaining payment;

(b) reporting charges for services not provided;

(c) incorrectly reporting services provided for obtaining payment; or

(d) generally representing a charge to a third party that is different from that charged to the patient;

(10) failing to establish and maintain appropriate dental records;

(11) failing to maintain patient records for seven years;

(12) failing to provide copies of x-rays, reports or records to a patient or the patient's designee upon written request and payment of a nominal fee for copies, regardless of the payment status of the services in the record;

(13) failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription in accordance with Section 58-37-19;

(14) violating Section R156-69-301a or R156-69-301b;

(15) for a dental hygienist working in a public health setting, violating Subsection 58-69-801(4) or 58-69-801(5) or Section R156-69-801.

Notes

Utah Admin. Code R156-69-502

Amended by Utah State Bulletin Number 2020-06, effective 3/10/2020 Amended by Utah State Bulletin Number 2023-07, effective 3/27/2023 Amended by Utah State Bulletin Number 2023-24, effective 12/11/2023