Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 313 - BOARD OF DENTAL PRACTICE › Chapter 9 - UNPROFESSIONAL CONDUCT › Section 313-9-I - UNPROFESSIONAL CONDUCT

Current through 2024-29, July 17, 2024
Unprofessional conduct under
				  32
				  M.R.S.§18325(1)(E)
				  includes, but is not limited to, the following:
A. Engaging in any activity which assists,
				encourages or induces any person to violate this Chapter or the rules of the
				Board.
B. Engaging in sexual
				misconduct, as set forth in Board Rule Chapter 10.
C. Obtaining any fee by fraud or
				misrepresentation.
D. Dividing fees
				or agreeing to split fees received for dental services with any person for
				referring a patient or for assisting in the care of a patient, without the
				knowledge of the patient or the patient's representative.
E. Prescribing any narcotic medication(s) by
				the licensee for himself/herself or to a family member or domestic partner with
				the exception of ongoing dental treatment by the licensee.
F. Possessing, using, prescribing for use, or
				distributing controlled substances or prescription drugs in any way other than
				for dental therapeutic purposes. Controlled substances and prescription drugs
				in the possession of a licensee that are prescribed for the licensee by a
				medical practitioner legally licensed to so prescribe and which are being used
				for therapeutic purposes by the licensee are exempted from this rule.
G. Inappropriately prescribing or
				administering of drugs or treatment, the excessive use of drugs for diagnostic
				procedures, or the excessive use of diagnostic or treatment
				procedures.
H. Advertising either
				professional superiority or the performance of professional services in a
				superior manner.
I. Using threats
				or harassment against any patient or former patient, employee or former
				employee, or licensee for providing evidence in any possible or actual
				disciplinary action or other legal action.
J. Altering a patient's record with the
				intent to deceive.
K. Failure of a
				licensee to adhere to the practice standards set forth in Board Rules, Chapter
				12.
L. Failure of a licensee to
				adhere to the ethical and professional conduct standards set forth in Board
				Rules, Chapter 12.
M. Failure of a
				licensee to ensure that the appropriate licensure, authority, registration,
				and/or permit required under the Maine Dental Practice Act is obtained by an
				individual that is either supervised or employed by the licensee.
N. Keeping or allowing any living animal,
				including domesticated pets or emotional support animals, in a practice
				setting, with the sole exception of fish aquariums. This section does not
				prevent the presence of a service animal as defined in the Maine Human Rights
				Act,
				5 M.R.S. §§4551 -
				4634 and the
				Americans with Disabilities Act 42 U.S.C. §§ 12101-12213 from being
				on the premises.
O. Abandonment of
				a patient by a licensee before the completion of a phase of
				treatment.
P. Delegation by a
				dentist of any dental activity not specified in
				32 M.R.S.
				§18371(3).
Q. Failure to respond to the Board regarding
				any matter for which a time frame is prescribed by statute or rule and/or
				failure to provide the Board with the records of treatment when requested by
				the Board.
R. Violating a standard
				of care that has been established in the practice for which the individual is
				licensed under the Maine Dental Practice Act.
S. Engaging in disruptive behavior that
				interferes with or is likely to interfere with the delivery of care.