Rhode Island Code of Regulations › Title 216 - Department of health › Chapter 40 - Professional licensing and facility regulation › Subchapter 05 - Professional Licensing › Part 2 - Dentists, Dental Hygienists, and Dental Assistants › Section 216-RICR-40-05-2.15 - Violations and Sanctions

Current through June 14, 2024
2.15.1
Denial, Revocation or Suspension of License/Violations and Sanctions
A. Any dentist, dental hygienist, public
				  health dental hygienist, or DAANCE-certified maxillofacial surgery assistant
				  may have his or her license revoked or suspended by the Board: if said person
				  has been found guilty of unprofessional conduct, which will include, but not be
				  limited to those items listed in R.I. Gen. Laws §
											5-31.1-10 and as stated below:
1. Fraudulent or
				  deceptive procuring or use of a license or limited registration;
2. All advertising of dental or dental
				  hygiene business which is intended or has a tendency to deceive the public or a
				  dentist advertising as a specialty in an area of dentistry unless the dentist:
a. Is a diplomate of or a fellow in a
				  specialty board accredited or recognized by the American Dental Association; or
b. Has completed a post graduate
				  program approved by the Commission 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 of dentistry or of dental
				  hygiene;
4. Abandonment of
				  patient;
5. Dependence upon
				  controlled substances, habitual drunkenness or rendering professional services
				  to a patient while the dentist or dental hygienist, or limited registrant is
				  intoxicated or incapacitated by the use of drugs;
6. Promotion by a dentist, dental hygienist,
				  limited registrant or DAANCE-certified maxillofacial surgery assistant of the
				  sale of drugs, devices, appliances, or goods or services provided for a patient
				  in a manner as to exploit the patient for the financial gain of the dentist,
				  dental hygienist, public health dental hygienist, or limited registrant
				  DAANCE-certified maxillofacial surgery assistant;
7. Immoral conduct of a dentist, dental
				  hygienist, limited registrant, DAANCE-certified maxillofacial surgery assistant
				  in the practice of dentistry dental hygiene, public health dental hygiene, or
				  DAANCE-certified maxillofacial surgery assisting;
8. Willfully making and filing false reports
				  or records in the practice of dentistry or dental hygiene;
9. Willful omission to file or record, or
				  willfully impeding or obstructing a filing or recording, or inducing another
				  person to omit to file or record dental or other reports as required by
				  law;
10. Failure to furnish details
				  of a patient's dental record to succeeding dentists, or dental care facility
				  upon proper request pursuant to the Act;
11. Solicitation of professional patronage by
				  agents or persons or profiting from acts of those representing themselves to be
				  agents of the licensed dentist, dental hygienist, public health dental
				  hygienist, limited registrant, or DAANCE-certified maxillofacial surgery
				  assistant;
12. Division of fees or
				  agreeing to split or divide the fees received for professional services for any
				  person for bringing to or referring a patient;
13. Agreeing with clinical or bioanalytical
				  laboratories to accept payments from those laboratories for individual tests or
				  test series for patients, or agreeing with dental laboratories to accept
				  payment from those laboratories for work referred;
14. Willful misrepresentation in
				  treatments;
15. Practicing
				  dentistry with an unlicensed dentist or practicing dental hygiene with an
				  unlicensed dental hygienist except in an accredited training program, or with a
				  dental assistant in accordance with the rules and regulations of the Board or
				  aiding or abetting those unlicensed persons in the practice of dentistry or
				  dental hygiene;
16. Gross and
				  willful overcharging for professional services; including filing of false
				  statements for collection of fees for which services are not rendered or
				  willfully making or assisting in making a false claim or deceptive claim or
				  misrepresenting a material fact for use in determining rights to dental care or
				  other benefits;
17. Offering,
				  undertaking, or agreeing to cure or treat disease by a secret method,
				  procedure, treatment, or medicine;
18. Professional or mental
				  incompetence;
19. Incompetent,
				  negligent, or willful misconduct in the practice of dentistry or dental
				  hygiene, which includes the rendering of unnecessary dental services and any
				  departure from or the failure to conform to the minimal standards of acceptable
				  and prevailing dental or dental hygiene practice in his or her area of
				  expertise as is determined by the Board. The Board need not establish actual
				  injury to the patient in order to adjudge a dentist, dental hygienist, public
				  health dental hygienist, limited registrant, or DAANCE-certified maxillofacial
				  surgery assistant guilty of the previously named misconduct;
20. Failure to comply with the provisions of
				  R.I. Gen. Laws Chapter 23-4.7;
21.
				  Revocation, suspension, surrender, or limitation of privilege based on quality
				  of care provided or any other disciplinary action against a license to practice
				  dentistry or dental hygiene or DAANCE-certified maxillofacial surgery assisting
				  in another state or jurisdiction, or revocation, suspension, surrender, or
				  other disciplinary action as to membership on any dental staff or in any dental
				  or professional association or society for conduct similar to acts or conduct
				  which would constitute grounds for action as prescribed in the Act;
22. Any adverse judgment, settlement, or
				  award arising from a dental liability claim related to acts or conduct similar
				  to acts or conduct which would constitute grounds for action as defined in the
				  Act or this Part;
23. Failure to
				  furnish the Board, its dental administrator, investigator, or representatives,
				  information legally requested by the Board;
24. Violation of any provision(s) of the Act
				  or the rules and regulations of the Board or any rules and regulations
				  promulgated by the Director or of an action, stipulation or agreement of the
				  Board;
25. Cheating on or
				  attempting to subvert the licensing examination;
26. Violating any state or federal law or
				  regulation relating to controlled substances;
27. Failure to maintain standards established
				  by peer review boards, including, but not limited to, standards related to
				  proper utilization of services, and use of non-accepted procedure and/or
				  quality of care;
28. Malpractice as
				  defined in R.I. Gen. Laws §
												5-37-1(8).
29. No person licensed to practice dentistry
				  in the state of Rhode Island may permit a non-dentist who operates a dental
				  facility in the form of a licensed out-patient health care center or management
				  service organization to interfere with the professional judgment of the dentist
				  in the practice.
30. Failure to
				  follow current minimum infection control recommendations developed by the
				  Centers for Disease Control and Prevention (CDC) published in the document
				  entitled Guidelines for Infection Control in Dental Health-Care Settings and
				  weekly spore testing.