153.34 - DISCIPLINE.
153.34 DISCIPLINE.
The board may issue an order to discipline a licensed dentist or
dental hygienist, or registered dental assistant, for any of the
grounds set forth in this chapter, chapter 272C, or Title IV.
Notwithstanding section 272C.3, licensee or registrant discipline may
include a civil penalty not to exceed ten thousand dollars. Pursuant
to this section, the board may discipline a licensee or registrant
for any of the following reasons:
1. For fraud or deceit in procuring the license or registration
or the renewal thereof to practice dentistry, dental hygiene, or
dental assisting.
2. For being guilty of willful and gross malpractice or willful
and gross neglect in the practice of dentistry, dental hygiene, or
dental assisting.
3. For fraud in representation as to skill or ability.
4. For willful or repeated violations of this chapter, this
subtitle, or the rules of the board.
5. For obtaining any fee by fraud or misrepresentation.
6. For having failed to pay license or registration fees as
provided herein.
7. For gross immorality or dishonorable or unprofessional conduct
in the practice of dentistry, dental hygiene, or dental assisting.
8. For failure to maintain a reasonably satisfactory standard of
competency in the practice of dentistry, dental hygiene, or dental
assisting.
9. For the conviction of a felony in the courts of this state or
another state, territory, or country. Conviction as used in this
subsection includes a conviction of an offense which if committed in
this state would be a felony without regard to its designation
elsewhere, and includes a finding or verdict of guilt made or
returned in a criminal proceeding even if the adjudication of guilt
is withheld or not entered. A certified copy of the final order or
judgment of conviction or plea of guilty in this state or in another
state constitutes conclusive evidence of the conviction.
10. For a violation of a law of this state, another state, or the
United States, without regard to its designation as either a felony
or misdemeanor, which law relates to the practice of dentistry,
dental hygiene, or dental assisting. A certified copy of the final
order or judgment of conviction or plea of guilty in this state or in
another state constitutes conclusive evidence of the conviction.
11. The revocation or suspension of a license or registration to
practice dentistry, dental hygiene, or dental assisting or other
disciplinary action taken by a licensing authority of another state,
territory, or country. A certified copy of the record or order of
suspension, revocation, or disciplinary action is conclusive or prima
facie evidence.
12. Knowingly aiding, assisting, procuring, or advising a person
to unlawfully practice dentistry, dental hygiene, or dental
assisting.
13. For an adjudication of mental incompetence by a court of
competent jurisdiction. Such adjudication shall automatically
suspend a license or registration for the duration of the license or
registration unless the board orders otherwise.
14. Inability to practice dentistry, dental hygiene, or dental
assisting with reasonable skill and safety by reason of illness,
drunkenness, or habitual or excessive use of drugs, intoxicants,
narcotics, chemicals, or other types of materials or as a result of a
mental or physical condition. At reasonable intervals following
suspension or revocation under this subsection, a dentist, dental
hygienist, or dental assistant shall be afforded an opportunity to
demonstrate that the dentist, dental hygienist, or dental assistant
can resume the competent practice of dentistry, dental hygiene, or
dental assisting with reasonable skill and safety to patients.
15. For being a party to or assisting in any violation of any
provision of this chapter.
16. The practice of dentistry by a dental hygienist shall also be
grounds for discipline of the dental hygienist, and the permitting of
such practice by the dentist under whose supervision the dental
hygienist is operating shall be grounds for disciplining of the
dentist. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 153.34] Section History: Recent Form
88 Acts, ch 1124, § 1--4; 93 Acts, ch 41, § 3; 2002 Acts, ch 1108,
§21; 2007 Acts, ch 10, §138; 2009 Acts, ch 133, §192
Referred to in § 272C.3, 272C.4