Indiana Administrative Code › Title 828 - STATE BOARD OF DENTISTRY › Article 1 - LICENSURE OF DENTISTS AND DENTAL HYGIENISTS › Rule 1 - Dentists; Licensure by Examination › Section 1-15 - Professional conduct, competency; physical or mental examination

Current through July 10, 2024
Authority: IC  25-14-1-13
Affected: IC  25-1-9-9
Sec. 15.
(a) Dental incompetence or improper conduct of a dentist includes, but is not limited to, any one (1) or any combination of the following acts:
(1) Practicing while under the influence of alcohol or other drugs that impair skill or judgment.
(2) Practicing with a physical disability, mental disability, disease, or disorder that impairs skill or judgment for the dental procedure being performed.
(3) Practicing while knowingly afflicted with a serious disease that could be transmitted to the patient.
(4) Operating an office or treatment facility that is lacking the necessary equipment and generally prevailing standards of sanitary or sterilization procedures.
(5) Providing drugs or access to drugs to someone for use other than in the proper course of dental diagnosis or treatment.
(6) Performing a treatment or procedure that violates acceptable standards of practice and results in failure or is detrimental to the patient.
(7) Engaging in conduct constituting gross negligence or repeatedly failing to meet minimum standards of performance in diagnosis or treatment as measured against generally prevailing professional standards.
(8) Practicing or offering to practice beyond the scope permitted by law.
(9) Permitting or delegating the performance of a procedure to one not qualified by education, training, or licensure to undertake the procedure.
(10) Failing to inspect:
(A) dental services during the course of their performance;
(B) completed and delivered dental prosthetic appliances; or
(C) completed dental restorations.
(11) Failing to be present in the dental facility to properly supervise treatment of patients, provided that the supervision has not been delegated to another dentist.
(12) Failing to keep adequate dental records.
(13) Failing to submit a complete report to the board as required by section 22 of this rule.
(14) Performing professional services that have not been duly authorized by the patient or the patient's legal guardian.
(15) Providing treatment for a patient if the dentist is not prepared to handle any emergencies resulting from the treatment or failing to refer the patient to a practitioner willing to perform the emergency treatment.
(16) Failing to maintain records of an examination, diagnosis, or treatment performed. Such information must be entered in the patient's records within ten (10) days after the examination, diagnosis, or treatment is performed.
(17) Signing an incomplete prescription form.
(18) Entering a contract with a third party in which the dentist may not inform the patient about the diagnosis and the treatments possible.
(19) Failing to provide the required direct or prescriptive supervision of a dental hygienist or dental assistant.
(20) Failing to maintain documentation of the examination and prescribed dental care for patient care provided by a licensed dental hygienist under the dentist's prescriptive supervision.
(21) Permitting a dental assistant to perform coronal polishing or apply medicaments for the control or prevention of dental caries without first verifying that the dental assistant has completed the requirement in 828 IAC 6.