Section 36-6A-59 - Grounds for disciplinary action--Hearing--Physical and mental examinations.
36-6A-59. Grounds for disciplinary action--Hearing--Physical and mental examinations. Any practitioner subject to this chapter shall conduct his practice in accordance with the standards established by the Board of Dentistry under provisions of §§ 36-6A-14 and 36-6A-16, and is subject to the exercise of the disciplinary sanctions enumerated in § 36-6A-23 if, after a hearing in the manner provided in chapter 1-26, the board finds that:
(1) A practitioner has employed or knowingly cooperated in fraud or material deception in order to obtain a license to practice the profession, or has engaged in fraud or material deception in the course of professional services or activities;
(2) A practitioner has been convicted in any court of a felony, or other crime which affects the practitioner's ability to continue to practice competently and safely;
(3) A practitioner has engaged in or permitted the performance of unacceptable patient care by himself or by auxiliaries working under his supervision due to his deliberate or negligent act or acts or failure to act;
(4) A practitioner has knowingly violated any provision of this chapter or board rules;
(5) A practitioner has continued to practice although he has become unfit to practice his profession due to professional incompetence, failure to keep abreast of current professional theory or practice, physical or mental disability, or addiction or severe dependency upon or use of alcohol or other drugs which endanger the public by impairing a practitioner's ability to practice safely;
(6) A practitioner has engaged in lewd or immoral conduct in connection with the delivery of dental services to patients;
(7) A practitioner has or is employing, assisting, or enabling in any manner an unlicensed person to practice dentistry, dental hygiene, or to function as a dental hygienist;
(8) A practitioner has failed to maintain adequate safety and sanitary conditions for a dental office in accordance with the standards established by the rules of the board, promulgated pursuant to chapter 1-26;
(9) A practitioner has engaged in false or misleading advertising.
Suspension or revocation may not be based on a judgment as to therapeutic value of any individual drug prescribed or any individual treatment rendered, but only upon a repeated pattern or trend of treatment resulting in unexpected or unacceptable results.
No sanctions may be authorized based on monetary concerns or business practices.
The board may order a practitioner to submit to a reasonable physical or mental examination if his physical or mental capacity to practice safely is at issue in a disciplinary proceeding. Failure to comply with a board order to submit to a physical or mental examination shall render a practitioner liable to the summary revocation procedures described in §§ 36-6A-23 and 36-6A-24.
Source: SDC 1939, § 27.0607; SL 1971, ch 213, § 37; SL 1981, ch 275, § 26; SL 1992, ch 269, § 55.