24 Del. Admin. Code § 1100-12.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1100-12.0 - Unprofessional Conduct

12.1 Dentists and dental hygienists whose behavior fails to conform to legal and accepted standards of the profession and who thus may adversely affect the health and welfare of the public may be found guilty of unprofessional conduct.

12.2 Unprofessional conduct shall include but is not limited to the following:

12.2.1 Performing acts beyond the authorized scope of the level of dental/dental hygiene practice for which the individual is licensed.

12.2.2 Assuming duties and responsibilities within the practice of dentistry or dental hygiene without adequate preparation, or without maintenance of competency.

12.2.3 Performing new techniques and/or procedures without education and practice.

12.2.4 Inaccurately and willfully recording, falsifying or altering a patient or agency document record related to patient care, employment, or licensure.

12.2.5 Committing or threatening violence, verbal or physical abuse of patients or co-workers or the public.

12.2.6 Violating professional boundaries of the dentist/hygienist-patient relationship including but not limited to physical, sexual, emotional or financial exploitation of the patient or patient's significant other(s).

12.2.7 Engaging in sexual conduct with a patient, touching a patient in a sexual manner, requesting or offering sexual favors, or language or behavior suggestive of the same.

12.2.8 Assigning unlicensed persons to perform the practice of licensed dentists/hygienists.

12.2.9 Delegating dental practice to unqualified persons.

12.2.10 Failing to supervise persons to whom dental/hygiene practice has been delegated.

12.2.11 Leaving a patient assignment except in documented emergency situations.

12.2.12 Failing to safeguard a patient's dignity and right to privacy in providing services.

12.2.13 Violating the confidentiality of information concerning a patient.

12.2.14 Failing to take appropriate action to safeguard a patient from incompetent, unethical or illegal health care practice.

12.2.15 Practicing dentistry or dental hygiene when unfit to perform procedures and make decisions in accordance with the license held because of physical or mental impairment or dependence on alcohol or drugs.

12.2.16 Diverting or misappropriating monies, drugs, supplies or property of a patient agency or governmental program.

12.2.17 Diverting, possessing, obtaining, supplying or administering prescription drugs to any person, including self, except as directed by a person authorized by law to prescribe drugs.

12.2.18 Practicing dentistry or dental hygiene with an expired license.

12.2.19 Allowing another person to use her/his license or temporary permit.

12.2.20 Aiding, abetting and/or assisting an individual to violate or circumvent any law or duly promulgated rule and regulation intended to guide the conduct of a dentist, dental hygienist, or other health care provider.

12.2.21 Committing fraud, misrepresentation or deceit in taking the licensure exam, or in obtaining a license or temporary permit.

12.2.22 Disclosing the contents of the licensing examination or soliciting, accepting or compiling information regarding the examination before, during or after its administration.

12.2.23 Failing to report unprofessional conduct by another licensee.

12.2.24 Practicing or holding oneself out as a dentist or dental hygienist without a current license.

12.2.25 Failing to comply with the requirements for continuing professional education, unless exempt.

12.2.26 Failing to take appropriate action or to follow policies and procedures in the practice situation designed to safeguard the patient.

12.2.27 Failing to comply with the terms and conditions set out in a disciplinary action of the Board.

12.2.28 Knowingly making or receiving any payment to another dentist, dental hygienist, or employee of a dental office or to divide or split any fee received for professional services for directly bringing or referring a patient. Furthermore, a corporation cannot be established to evade the above regulation.

12.3 Licensees must provide the Division of Professional Regulation with their current home mailing address. Any change in home mailing address must be reported to the Division within ten days of such change. All notifications and correspondence pertaining to a dentist or dental hygienist's license that are sent through the mail will be sent only to the most recent address provided by the licensee. The failure to provide the Division with a current home mailing address will not operate to excuse any duty or responsibility of the licensee and confirmed delivery to the most recent address provided by the licensee will be considered proper notice.

24 Del. Admin. Code § 1100-12.0

17 DE Reg. 862 (2/1/2014)
20 DE Reg. 651 (2/1/2017)
21 DE Reg. 642 (2/1/2018) (Final)