A. The Board of Dentistry is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, holder of a permit to operate a dental laboratory, or an entity operating pursuant to the provisions of the Professional Entity Act or the State Dental Act has committed any of the acts or occurrences set forth in Sections 328.29, 328.29a, 328.32, 328.33, 328.39 and 328.39a of this title:

1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;

2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;

3. Revocation of a license or permit issued by the Board;

4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;

5. Issuance of a censure;

6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;

7. Probation monitoring fees, which shall be the responsibility of the licensee on all probations; or

8. Restriction of the services that can be provided by a dentist or dental hygienist, under such terms and conditions as deemed appropriate by the Board.

B. A dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section, shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.

C. The Board may issue a summary suspension on a licensee or permit holder who is found guilty of a felony charge and is sentenced to incarceration in a state or federal facility.

Added by Laws 1996, c. 2, § 16, eff. Nov. 1, 1996. Amended by Laws 2003, c. 172, § 8, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 6, eff. Nov. 1, 2005; Laws 2011, c. 262, § 5, eff. July 1, 2011; Laws 2013, c. 405, § 16, eff. July 1, 2013; Laws 2015, c. 229, § 25, eff. July 1, 2015; Laws 2019, c. 397, § 10.