§ 5-31.1-10 - Unprofessional conduct.
SECTION 5-31.1-10
§ 5-31.1-10 Unprofessional conduct. –The term "unprofessional conduct" as used in this chapter includes, but is notlimited to, the following items or any combination of them and may be definedby regulations established by the board with the approval of the director:
(1) Fraudulent or deceptive procuring or use of a license orlimited registration;
(2) All advertising of dental or dental hygiene businesswhich is intended or has a tendency to deceive the public or a dentistadvertising as a specialty in an area of dentistry unless the dentist:
(i) Is a diplomat of or a fellow in a specialty boardaccredited or recognized by the American Dental Association; or
(ii) Has completed a post-graduate program approved by theCommission 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 ofdentistry or of dental hygiene;
(4) Abandonment of patient;
(5) Dependence upon controlled substances, habitualdrunkenness or rendering professional services to a patient while the dentistor dental hygienist, or limited registrant is intoxicated or incapacitated bythe use of drugs;
(6) Promotion by a dentist, dental hygienist, or limitedregistrant of the sale of drugs, devices, appliances, or goods or servicesprovided for a patient in a manner as to exploit the patient for the financialgain of the dentist, dental hygienist, or limited registrant;
(7) Immoral conduct of a dentist, dental hygienist, orlimited registrant in the practice of dentistry or dental hygiene;
(8) Willfully making and filing false reports or records inthe practice of dentistry or dental hygiene;
(9) Willful omission to file or record, or willfully impedingor obstructing a filing or recording, or inducing another person to omit tofile or record dental or other reports as required by law;
(10) Failure to furnish details of a patient's dental recordto succeeding dentists, or dental care facility upon proper request pursuant tothis chapter;
(11) Solicitation of professional patronage by agents orpersons or profiting from acts of those representing themselves to be agents ofthe licensed dentist, dental hygienist, or limited registrant;
(12) Division of fees or agreeing to split or divide the feesreceived for professional services for any person for bringing to or referringa patient;
(13) Agreeing with clinical or bio-analytical laboratories toaccept payments from those laboratories for individual tests or test series forpatients, or agreeing with dental laboratories to accept payment from thoselaboratories for work referred;
(14) Willful misrepresentation in treatments;
(15) Practicing dentistry with an unlicensed dentist orpracticing dental hygiene with an unlicensed dental hygienist except in anaccredited training program, or with a dental assistant in accordance with therules and regulations of the board or aiding or abetting those unlicensedpersons in the practice of dentistry or dental hygiene;
(16) Gross and willful overcharging for professionalservices, including filing of false statements for collection of fees for whichservices are not rendered or willfully making or assisting in making a falseclaim or deceptive claim or misrepresenting a material fact for use indetermining rights to dental care or other benefits;
(17) Offering, undertaking, or agreeing to cure or treatdisease by a secret method, procedure, treatment, or medicine;
(18) Professional or mental incompetence;
(19) Incompetent, negligent, or willful misconduct in thepractice of dentistry or dental hygiene, which includes the rendering ofunnecessary dental services and any departure from or the failure to conform tothe minimal standards of acceptable and prevailing dental or dental hygienepractice in his or her area of expertise as is determined by the board. Theboard does not need to establish actual injury to the patient in order toadjudge a dentist, dental hygienist or limited registrant guilty of thepreviously named misconduct;
(20) Failure to comply with the provisions of chapter 4.7 oftitle 23;
(21) Revocation, suspension, surrender, or limitation ofprivilege based on quality of care provided or any other disciplinary actionagainst a license to practice dentistry or dental hygiene in another state orjurisdiction, or revocation, suspension, surrender, or other disciplinaryaction as to membership on any dental staff or in any dental or professionalassociation or society for conduct similar to acts or conduct which wouldconstitute grounds for action as prescribed in this chapter;
(22) Any adverse judgment, settlement, or award arising froma dental liability claim related to acts or conduct similar to acts or conductwhich would constitute grounds for action as defined in this chapter orregulations adopted under this chapter;
(23) Failure to furnish the board, its dental administrator,investigator, or representatives, information legally requested by the board;
(24) Violation of any provision or provisions of this chapteror the rules and regulations of the board or any rules and regulationspromulgated by the director or of an action, stipulation or agreement of theboard;
(25) Cheating on or attempting to subvert the licensingexamination;
(26) Violating any state or federal law or regulationrelating to controlled substances;
(27) Failure to maintain standards established by peer reviewboards, including, but not limited to, standards related to proper utilizationof services, and use of non-accepted procedure and/or quality of care;
(28) Malpractice as defined in § 5-37-1(8).
(29) No person licensed to practice dentistry in the state ofRhode Island may permit a non-dentist who operates a dental facility in theform of a licensed out patient health care center or management serviceorganization to interfere with the professional judgment of the dentist in thepractice.