§ 328.32. Dentists--Grounds for penalties
Oklahoma Statutes AnnotatedTitle 59. Professions and OccupationsEffective: July 1, 2023
Effective: July 1, 2023
59 Okl.St.Ann. § 328.32
§ 328.32. Dentists--Grounds for penalties
1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude, any crime in which an individual would be required to be a registered sex offender under state law, any violent crime, Medicaid fraud, insurance fraud, identity theft, embezzlement or a violation of federal or state controlled dangerous substances laws;
11. Practicing below the basic standard of care of a patient which an ordinary prudent dentist with similar training and experience within the local area would have provided including, but not limited to, failing to complete proper training and demonstrate proficiency for any procedure delegated to a dental hygienist or dental assistant;
22. Aiding, abetting, or encouraging a dental hygienist employed by the dentist to make use of an oral prophylaxis list, or the calling by telephone or by use of letters transmitted through the mail to solicit patronage from patients formerly served in the office of any dentist formerly employing such hygienist;
28. Writing a false, unnecessary, or excessive prescription for any drug or narcotic which is a controlled dangerous substance under either federal or state law, or prescribing, dispensing or administering opioid drugs in excess of the maximum limits authorized in Section 2-309I of Title 63 of the Oklahoma Statutes;
34. Failing to retain all patient records for at least seven (7) years from the date of the last treatment as provided by Section 328.31b of this title, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
35. Failing to retain the dentist's copy of any laboratory prescription for at least seven (7) years, except that the failure to retain records shall not be a violation of the State Dental Act if the dentist shows that the records were lost, destroyed, or removed by another, without the consent of the dentist;
36. Allowing any corporation, organization, group, person, or other legal entity, except another dentist or a professional entity that is in compliance with the registration requirements of subsection B of Section 328.31 of this title, to direct, control, or interfere with the dentist's clinical judgment. Clinical judgment shall include, but not be limited to, such matters as selection of a course of treatment, control of patient records, policies and decisions relating to pricing, credit, refunds, warranties and advertising, and decisions relating to office personnel and hours of practice. Nothing in this paragraph shall be construed to:
38. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, a state or federal statute or rule relating to scheduled drugs, fraud, a violent crime or any crime for which the penalty includes the requirement of registration as a sex offender in this state as a principal, accessory or accomplice;
B. The provisions of the State Dental Act shall not be construed to prohibit any dentist from displaying or otherwise advertising that the dentist is also currently licensed, registered, certified or otherwise credentialed pursuant to the laws of this state or a nationally recognized credentialing board, if authorized by the laws of the state or credentialing board to display or otherwise advertise as a licensed, registered, certified, or credentialed dentist.
Credits
Laws 1970, c. 173, § 32, eff. July 1, 1970; Laws 1996, c. 2, § 10, eff. Nov. 1, 1996; Laws 1998, c. 377, § 5, eff. Nov. 1, 1998; Laws 2000, c. 283, § 6, eff. Nov. 1, 2000; Laws 2011, c. 262, § 3, eff. July 1, 2011; Laws 2012, c. 270, § 7, eff. Nov. 1, 2012; Laws 2013, c. 405, § 12, eff. July 1, 2013; Laws 2015, c. 229, § 20, eff. July 1, 2015; Laws 2016, c. 113, § 4, eff. Nov. 1, 2016; Laws 2019, c. 397, § 7; Laws 2020, c. 161, § 34, emerg. eff. May 21, 2020; Laws 2021, c. 566, § 9, emerg. eff. May 28, 2021; Laws 2022, c. 158, § 6, eff. Nov. 1, 2022; Laws 2023, c. 220, § 5, eff. July 1, 2023.
59 Okl. St. Ann. § 328.32, OK ST T. 59 § 328.32
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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