CHAPTER 8

~~REVOCATION OR SUSPENSION OF LICENSE~~

DISCIPLINARY ACTION OR DENIAL OF LICENSE

Section 1. Dentists. Any dentist may have his or her license revoked or suspended by the board for any of the causes outlined in and under the procedures set forth in the Act, or for violation of any of the rules of ethics as adopted or promulgated by this board.

Section 2. Dental Hygienists. Any dental hygienist may have his or her license revoked or suspended by the board for any of the causes outlined in and under the procedures set forth in the Act or for violation of any of the rules of ethics as adopted or promulgated by this board.

Section 1. Dentists and Dental Hygienists.

(a) The Board may refuse to issue or renew a license, may suspend or revoke a license, may reprimand, restrict or impose conditions on the practice of a dentist or hygienist for any one (1) or more of the following causes pursuant to WYO. STAT. § 33-15-112 and WYO. STAT §33-15-121:

(i) Any criminal conviction, entry of plea or nolo contendere, or entry of a deferred prosecution agreement for a felony or misdemeanor which adversely relates to the practice of dentistry or dental hygiene or the ability to practice dentistry or dental hygiene.

(ii) Renting or loaning to another person the license or diploma to be used as a license or diploma for the other person.

(iii) Unprofessional conduct. Unprofessional conduct includes:

(A) Conduct related to the practice of dentistry or any dental auxiliary occupation which constitutes a departure from or failure to conform to the standards of acceptable and professional practices, including:

(I) Conduct which indicates the licensee or applicant is grossly ignorant of health care and dental related standards and protocols;

(II) Conduct which indicates the licensee or applicant is inefficient by failing to provide timely care to a patient or by failing to refer the patient when circumstances indicate referral is appropriate;

(III) Conduct or factors which indicate the licensee’s or applicant’s competency is compromised;

(IV) Impairment due to drug abuse, alcohol abuse, or a physical or mental condition, which may have compromised, or may compromise, patient safety.

(V) Employing directly or indirectly any unlicensed person to perform operations of any kind of treatment for human teeth or jaws, or to perform any task which constitutes the practice of dentistry;

(VI) Betraying patient confidences;

(VII) Failing to make and maintain complete patient records which conform to prevailing record-keeping standards within the licensee holder’s profession;

(VIII) Failing to provide a patient, or the Board, with a full and complete copy of all patient records, x-rays, molds, or any other item kept in the course of treatment or services rendered by the license holder, for any patient, if either the patient, the patient’s legal guardian, or the Board requests said copies.

(IX) Falsifying, deceiving, or defrauding the Board, its review committees or staff in procuring or attempting to procure a license to practice dentistry; in filing or reporting any health care information, including but not limited to client documentation, agency records or other essential health documents; in signing any report or record as a dentist; or in submitting any information to the board;

(X) Failure of a dentist to verify that all staff employed by the dentist or individuals contracted with the dentists, are licensed or certified by the Board to perform all tasks requiring licensure or certification before such tasks are performed at the direction of the dentist.

(XI) Directing, or permitting, any staff member to perform any procedure for which they are not licensed or certified.

(XII) Performing any act or gesture which, from the standpoint of the patient, exploits the patient’s trust between the patient and the patient’s dentist. Such acts may include intimate or sexual advances, intimate or sexual contact, or the use of any unnecessary sedative substance without explicit written consent by the patient.

(XIII) Performing any study or research without following standardized protocols for the research, including obtaining written and informed consent by the patient for any study.

(XIV) Failure to maintain current CPR certification.

(XV) Reprimand or other disciplinary action imposed by any academic institution or professional organization for cheating or plagerizing.

(XVI) Financial insolvency which may jeopardize the efficacy of treatment or appropriate standard of care provided to patients.

(XVII) Violation of any Order, Term, Restriction or Condition imposed by the Board.

(XVIII)Failure to conform with any statutory or regulatory

provision of the Board, as well as the Board’s Code of Ethics and the American Dental Association Principles of Ethics and Code of Professional Conduct.

(iv) Advertising or soliciting patients, in any form of communication, in a manner that is false or misleading in any material respect;

(v) Being unfit or incompetent to practice dentistry for any reason, including but not limited to:

(A) Inability to practice dentistry with reasonable skill and safely because of physical or mental disability or the use of alcohol, prescription drugs, nonprescription drugs or other psychoactive substance;

(B) Performance of unsafe dental practice or failure to conform to the standards of acceptable professional dental practice, whether or not actual injury results;

(vi) Professional discipline by a professional licensing board in any jurisdiction;

(vii) Fraud, deceit or misrepresentation in providing any information or record to the board; or

(viii) Willful violation of any provision of the Board’s Practice Act or its Rules and Regulations;

Section 32. Reinstatement of License. The following applies to any dentist or dental hygienist whose license has been revoked by the board:

(a) A person whose license has been revoked after a hearing or who has consented to revocation may not apply for reinstatement until the expiration of at least five (5) years from the effective date of the revocation.

(b) A person whose license has been suspended for a specific period may not move for reinstatement until the expiration of the period specified in the order of suspension.

(c) Motions for reinstatement by persons whose licenses have been revoked for violation of the Act and these Rules and Regulations shall be served upon the board at least two (2) months prior to the return date thereof. Upon receipt of the motion for reinstatement, the board shall cause the matter to be investigated. The board shall promptly schedule a hearing at which respondent-dentist or hygienist shall have the burden of demonstrating by clear and convincing evidence that he/she has the moral qualifications, competency, and learning in dentistry or dental hygiene required for admission to practice dentistry or dental hygiene in this state and that his/her resumption of the practice of dentistry or dental hygiene will not be detrimental to the integrity and standing of the practice of dentistry in the state of Wyoming, nor the health and welfare of the public.

At the conclusion of the hearing, the board shall promptly file a report, and issue an order concerning said reinstatement within sixty (60) days following the motion.