§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 been disciplined by another state or federal agency. Notwithstanding any law to the contrary, a final order denying the issuance of a license to any applicant based on the applicant's discipline by another state or federal agency shall be a matter of public record.

(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;

(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; and

(15) Conduct or practice contrary to recognized standards of ethics of the profession, as adopted by the American Dental Association or the Hawaii Dental Association.

(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; am L 2015, c 28, §2; am L 2016, c 38, §6]