§448-17  Refusal, revocation, suspension,
and administrative penalties.  (a)  The board shall refuse to issue a
license to any applicant who fails to meet all of the requirements imposed by
this chapter and may refuse to issue a license to any applicant who has
previously committed any act that would, if committed by a licensee, result in
the revocation or suspension of the license.



(b)  In addition to any other actions
authorized by law, the board may suspend or revoke any license issued under
this chapter and may fine a licensee for any cause authorized by law, including
but not limited to the following:



(1)  Fraud in procuring license;



(2)  Habitual intoxication or addiction to the use of
drugs;



(3)  Wilful or repeated violations of the rules of the
department of health;



(4)  Acceptance of a fee for service as a witness,
without the knowledge of the court, in addition to the fee allowed by the
court;



(5)  Division of fees or agreeing to split or divide
the fees received for dental services with any person for bringing or referring
a patient;



(6)  Assisting in the care or treatment of a patient,
without the knowledge of the patient or the patient's legal representative;



(7)  Employing, procuring, inducing, aiding, or abetting
a person not licensed as a dentist to engage in the practice of dentistry;



(8)  Making any misrepresentations or false promises,
directly or indirectly, to influence, persuade, or induce dental patronage;



(9)  Professional connection or association with, or
lending one's name to another for, the illegal practice of dentistry by
another, or professional connection or association with any person, firm, or
corporation holding oneself, themselves, or itself out in any manner contrary
to this chapter;



(10)  By false or fraudulent representations, obtaining
or seeking to obtain practice or money or any other thing of value;



(11)  Practicing, either in the State or elsewhere,
under a name other than one's own;



(12)  Any other improper, unprofessional, or
dishonorable conduct in the practice of dentistry;



(13)  Violation of section 447-4; and



(14)  False or misleading advertising not otherwise
provided for under this subsection, including:



(A)  Advertising
to the public as practicing a dental specialty in which the dentist has not
successfully completed the education specified for the dental specialty as
defined by the American Dental Association; and



(B)  Using
the following words or phrases in advertising when the dentist has not
successfully completed the education specified for the dental specialty as
defined by the American Dental Association:



(i)  "Dental public health";



(ii)  "Endodontics";



(iii)  "Oral and maxillofacial
pathology";



(iv)  "Oral and maxillofacial
radiology";



(v)  "Oral and maxillofacial surgery";



(vi)  "Orthodontics and dentofacial
orthopedics";



(vii)  "Pediatric dentistry";



(viii)  "Periodontics"; or



(ix)  "Prosthodontics";



provided that this paragraph shall not apply
to a dentist who advertises as being qualified in a recognized specialty area
of dental practice so long as each advertisement, regardless of form, contains
a prominent disclaimer that the dentist is a general dentist or that the
specialty services will be provided by a general dentist.



(c)  Any person who violates, or fails to
comply with, any of the provisions of this chapter, the penalty for which is
not otherwise provided, shall be fined not less than $1,000 nor more than
$5,000. [L 1937, c 220, §8; RL 1945, §2164; am L 1949, c 177, §5; RL 1955,
§61-17; am L Sp 1959 2d, c 1, §19; HRS §448-17; am L 1974, c 205, §2(13); gen
ch 1985; am L 1986, c 26, §3; am L 1992, c 202, §77; am L 2009, c 131, §2]