Oregon Revised Statutes Chapter 679 § 679.140 — Discipline of licensee; grounds; procedure; sanctions

Discipline of licensee; grounds; procedure; sanctions. (1) The Oregon Board of Dentistry may discipline as provided in this section any person licensed to practice dentistry in this state for any of the following causes: (a) Conviction of any violation of the law for which the court could impose a punishment if the board makes the finding required by ORS 670.280. The record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is entered, is conclusive evidence of the conviction. (b) Renting or lending a license or diploma of the dentist to be used as the license or diploma of another person. (c) Unprofessional conduct. (d) Any violation of this chapter or ORS 680.010 to 680.205, of rules adopted pursuant to this chapter or ORS 680.010 to 680.205 or of an order issued by the board. (e) Engaging in or permitting the performance of unacceptable patient care by the dentist or by any person working under the supervision of the dentist due to a deliberate or negligent act or failure to act by the dentist, regardless of whether actual injury to the patient is established. (f) Incapacity to practice safely. (2) “Unprofessional conduct” as used in this chapter includes but is not limited to the following: (a) Obtaining any fee by fraud or misrepresentation. (b) Willfully betraying confidences involved in the patient-dentist relationship. (c) Employing, aiding, abetting or permitting any unlicensed personnel to practice dentistry, dental hygiene or dental therapy. (d) Making use of any advertising statements of a character tending to deceive or mislead the public or that are untruthful. (e) Impairment as defined in ORS 676.303. (f) Obtaining or attempting to obtain a controlled substance in any manner proscribed by the rules of the board. (g) Prescribing or dispensing drugs outside the scope of the practice of dentistry or in a manner that impairs the health and safety of an individual. (h) Disciplinary action by a state licensing or regulatory agency of this or another state regarding a license to practice dentistry, dental hygiene, dental therapy or any other health care profession when, in the judgment of the board, the act or conduct resulting in the disciplinary action bears a demonstrable relationship to the ability of the licensee or applicant to practice dentistry, dental hygiene or dental therapy in accordance with the provisions of this chapter. A certified copy of the record of the disciplinary action is conclusive evidence of the disciplinary action. (3) The proceedings under this section may be taken by the board from the matters within its knowledge or may be taken upon the information of another, but if the informant is a member of the board, the other members of the board shall constitute the board for the purpose of finding judgment of the accused. (4) In determining what constitutes unacceptable patient care, the board may take into account all relevant factors and practices, including but not limited to the practices generally and currently followed and accepted by persons licensed to practice dentistry in this state, the current teachings at accredited dental schools, relevant technical reports published in recognized dental journals and the desirability of reasonable experimentation in the furtherance of the dental arts. (5) In disciplining a person as authorized by subsection (1) of this section, the board may use any or all of the following methods: (a) Suspend judgment. (b) Place a licensee on probation. (c) Suspend a license to practice dentistry in this state. (d) Revoke a license to practice dentistry in this state. (e) Place limitations on a license to practice dentistry in this state. (f) Refuse to renew a license to practice dentistry in this state. (g) Accept the resignation of a licensee to practice dentistry in this state. (h) Assess a civil penalty. (i) Reprimand a licensee. (j) Impose any other disciplinary action the board in its discretion finds proper, including assessment of the costs of the disciplinary proceedings as a civil penalty. (6) If the board places any person upon probation as set forth in subsection (5)(b) of this section, the board may determine and may at any time modify the conditions of the probation and may include among them any reasonable condition for the purpose of protection of the public and for the purpose of the rehabilitation of the probationer or both. Upon expiration of the term of probation, further proceedings shall be abated by the board if the person holding the license furnishes the board with evidence that the person is competent to practice dentistry and has complied with the terms of probation. If the evidence fails to establish competence to the satisfaction of the board or if the evidence shows failure to comply with the terms of the probation, the board may revoke or suspend the license. (7) If a lic