32-1263. Grounds for disciplinary action;
definition


A. The board may invoke disciplinary action against any person licensed under this
chapter for any of the following reasons:


1. Unprofessional conduct, as defined in section 32-1201.


2. Conviction of a felony or of a misdemeanor involving moral turpitude, in which
case the record of conviction or a certified copy is conclusive evidence.


3. Physical or mental incompetence to practice pursuant to this chapter.


4. Committing or aiding, directly or indirectly, a violation of or noncompliance
with any provision of this chapter or of any rules adopted by the board pursuant to this
chapter.


5. Dental incompetence, as defined in section 32-1201.


B. Nothing in this section creates a cause of action against a licensee or a
registered business entity that makes a report of unprofessional conduct or unethical
conduct in good faith.


C. The board may take disciplinary action against a business entity registered
pursuant to this chapter for unethical conduct.


D. For the purposes of this section, "unethical conduct" means the following acts
occurring in this state or elsewhere:


1. Failing to report in writing to the board any evidence that a dentist, denturist
or dental hygienist is or may be professionally incompetent, is or may be guilty of
unprofessional conduct, is or may be impaired by drugs or alcohol or is or may be
mentally or physically unable to safely engage in the permissible activities of a
dentist, denturist or dental hygienist.


2. Falsely reporting to the board that a dentist, denturist or dental hygienist is
or may be guilty of unprofessional conduct, is or may be impaired by drugs or alcohol or
is or may be mentally or physically unable to safely engage in the permissible activities
of a dentist, denturist or dental hygienist.


3. Obtaining or attempting to obtain a registration or registration renewal by
fraud or by misrepresentation.


4. Knowingly filing with the board any application, renewal or other document that
contains false information.


5. Failing to register or failing to submit a renewal registration with the board
pursuant to section 32-1213.


6. Failing to provide the following persons with access to any place for which a
registration has been issued or for which an application for a registration has been
submitted in order to conduct a site investigation, inspection or audit:


(a) The board or its employees or agents.


(b) An authorized federal or state official.


7. Failing to notify the board of a change in officers and directors, a change of
address or a change in the dentists providing services pursuant to section 32-1213,
subsection E.


8. Failing to provide patient records pursuant to section 32-1264.


9. Obtaining a fee by fraud or misrepresentation or wilfully or intentionally
filing a fraudulent claim with a third party for services rendered or to be rendered to a
patient.


10. Engaging in repeated irregularities in billing.


11. Engaging in the following advertising practices:


(a) The publication or circulation, directly or indirectly, of any false or
fraudulent or misleading statements concerning the skill, methods or practices of a
registered business entity, a licensee or any other person.


(b) Advertising in any manner that tends to deceive or defraud the public.


12. Failing to comply with a board subpoena in a timely manner.


13. Failing to comply with a final board order, including a decree of censure, a
period or term of probation, a consent agreement or a stipulation.


14. Employing or aiding and abetting unlicensed persons to perform work that must be
done by a person licensed pursuant to this chapter.


15. Engaging in any conduct or practice that constitutes a danger to the health,
welfare or safety of the patient or the public.