Section 216-RICR-40-05-2.15 - Violations and Sanctions2.15.1 Denial, Revocation or Suspension of License/Violations and SanctionsA. Any dentist, dental hygienist, public health dental hygienist, or DAANCE-certified maxillofacial surgery assistant may have his or her license revoked or suspended by the Board: if said person has been found guilty of unprofessional conduct, which will include, but not be limited to those items listed in R.I. Gen. Laws § 5-31.1-10 and as stated below:1. Fraudulent or deceptive procuring or use of a license or limited registration;2. All advertising of dental or dental hygiene business which is intended or has a tendency to deceive the public or a dentist advertising as a specialty in an area of dentistry unless the dentist: a. Is a diplomate of or a fellow in a specialty board accredited or recognized by the American Dental Association; or b. Has completed a post graduate program approved by the Commission on Dental Accreditation of the American Dental Association;3. Conviction of a crime involving moral turpitude; conviction of a felony; conviction of a crime arising out of the practice of dentistry or of dental hygiene;4. Abandonment of patient;5. Dependence upon controlled substances, habitual drunkenness or rendering professional services to a patient while the dentist or dental hygienist, or limited registrant is intoxicated or incapacitated by the use of drugs;6. Promotion by a dentist, dental hygienist, limited registrant or DAANCE-certified maxillofacial surgery assistant of the sale of drugs, devices, appliances, or goods or services provided for a patient in a manner as to exploit the patient for the financial gain of the dentist, dental hygienist, public health dental hygienist, or limited registrant DAANCE-certified maxillofacial surgery assistant;7. Immoral conduct of a dentist, dental hygienist, limited registrant, DAANCE-certified maxillofacial surgery assistant in the practice of dentistry dental hygiene, public health dental hygiene, or DAANCE-certified maxillofacial surgery assisting;8. Willfully making and filing false reports or records in the practice of dentistry or dental hygiene;9. Willful omission to file or record, or willfully impeding or obstructing a filing or recording, or inducing another person to omit to file or record dental or other reports as required by law;10. Failure to furnish details of a patient's dental record to succeeding dentists, or dental care facility upon proper request pursuant to the Act;11. Solicitation of professional patronage by agents or persons or profiting from acts of those representing themselves to be agents of the licensed dentist, dental hygienist, public health dental hygienist, limited registrant, or DAANCE-certified maxillofacial surgery assistant;12. Division of fees or agreeing to split or divide the fees received for professional services for any person for bringing to or referring a patient;13. Agreeing with clinical or bioanalytical laboratories to accept payments from those laboratories for individual tests or test series for patients, or agreeing with dental laboratories to accept payment from those laboratories for work referred;14. Willful misrepresentation in treatments;15. Practicing dentistry with an unlicensed dentist or practicing dental hygiene with an unlicensed dental hygienist except in an accredited training program, or with a dental assistant in accordance with the rules and regulations of the Board or aiding or abetting those unlicensed persons in the practice of dentistry or dental hygiene;16. Gross and willful overcharging for professional services; including filing of false statements for collection of fees for which services are not rendered or willfully making or assisting in making a false claim or deceptive claim or misrepresenting a material fact for use in determining rights to dental care or other benefits;17. Offering, undertaking, or agreeing to cure or treat disease by a secret method, procedure, treatment, or medicine;18. Professional or mental incompetence;19. Incompetent, negligent, or willful misconduct in the practice of dentistry or dental hygiene, which includes the rendering of unnecessary dental services and any departure from or the failure to conform to the minimal standards of acceptable and prevailing dental or dental hygiene practice in his or her area of expertise as is determined by the Board. The Board need not establish actual injury to the patient in order to adjudge a dentist, dental hygienist, public health dental hygienist, limited registrant, or DAANCE-certified maxillofacial surgery assistant guilty of the previously named misconduct;20. Failure to comply with the provisions of R.I. Gen. Laws Chapter 23-4.7;21. Revocation, suspension, surrender, or limitation of privilege based on quality of care provided or any other disciplinary action against a license to practice dentistry or dental hygiene or DAANCE-certified maxillofacial surgery assisting in another state or jurisdiction, or revocation, suspension, surrender, or other disciplinary action as to membership on any dental staff or in any dental or professional association or society for conduct similar to acts or conduct which would constitute grounds for action as prescribed in the Act;22. Any adverse judgment, settlement, or award arising from a dental liability claim related to acts or conduct similar to acts or conduct which would constitute grounds for action as defined in the Act or this Part;23. Failure to furnish the Board, its dental administrator, investigator, or representatives, information legally requested by the Board;24. Violation of any provision(s) of the Act or the rules and regulations of the Board or any rules and regulations promulgated by the Director or of an action, stipulation or agreement of the Board;25. Cheating on or attempting to subvert the licensing examination;26. Violating any state or federal law or regulation relating to controlled substances;27. Failure to maintain standards established by peer review boards, including, but not limited to, standards related to proper utilization of services, and use of non-accepted procedure and/or quality of care;28. Malpractice as defined in R.I. Gen. Laws § 5-37-1(8).29. No person licensed to practice dentistry in the state of Rhode Island may permit a non-dentist who operates a dental facility in the form of a licensed out-patient health care center or management service organization to interfere with the professional judgment of the dentist in the practice.30. Failure to follow current minimum infection control recommendations developed by the Centers for Disease Control and Prevention (CDC) published in the document entitled Guidelines for Infection Control in Dental Health-Care Settings and weekly spore testing.B. Any disciplinary and/or criminal action shall be reported to the Board within twenty (20) days of adjudication C. Furthermore, any violation pursuant to any provisions of the Act and this Part, may be cause for denial, revocation or suspension of license or for imposing such other penalties as prescribed in the Act.2.15.2Rules Governing Practices and ProceduresAll hearings and reviews required under the provisions of the Act shall be held in accordance with the provisions of Practices and Procedures Before the Rhode Island Department of Health (Part 10-05-4 of this Title).
216 R.I. Code R. § 216-RICR-40-05-2.15
Amended effective 4/4/2019