Section 328.44a - Penalties - Judicial reviewA. The Board of Dentistry is authorized, after notice and opportunity for a hearing pursuant to Article II of the Administrative Procedures Act, to issue an order imposing one or more of the following penalties whenever the Board finds, by clear and convincing evidence, that a dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, holder of a permit to operate a dental laboratory, or an entity operating pursuant to the provisions of the Professional Entity Act or the State Dental Act has committed any of the acts or occurrences prohibited by the State Dental Act or rules of the Board:1. Refusal to issue a license or permit, or a renewal thereof, provided for in the State Dental Act;2. Suspension of a license or permit issued by the Board for a period of time deemed appropriate by the Board;3. Revocation of a license or permit issued by the Board;4. Imposition of an administrative penalty not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation;5. Issuance of a censure;6. Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board;7. Probation monitoring fees, which shall be the responsibility of the licensee on all probations; or8. Restriction of the services that can be provided by a dentist or dental hygienist, under such terms and conditions as deemed appropriate by the Board.B. A dentist, dental hygienist, dental assistant, oral maxillofacial surgery assistant, dental laboratory technician, or holder of a permit to operate a dental laboratory, against whom a penalty is imposed by an order of the Board pursuant to the provisions of this section, shall have the right to seek a judicial review of such order pursuant to Article II of the Administrative Procedures Act.C. The Board may issue a summary suspension on a licensee or permit holder who is found guilty of a felony charge and is sentenced to incarceration in a state or federal facility.D.1. A licensee or permit holder may petition the Board to reopen and withdraw an order after the expiration of seven (7) years from the date of issue if:a. the order does not include allegations or a finding of direct patient harm,b. the licensee has maintained an active full-time practice in good standing and has not received an additional order or private reprimand since the issue of the order,c. the licensee has not been the subject of any settlement reports in the National Practitioner Data Bank within the previous seven (7) years, andd. the order concerns an administrative violation and does not include a direct action against the licensee including, but not limited to, probation or suspension of the license.2. Upon receipt of a motion to reopen and withdraw an order, the president of the Board shall assign a panel for review and investigation to be brought to the Board. The Board shall take into consideration the issues causing the order; any changes to laws relevant to the order since its issue that may have resulted in a different outcome if such laws had been in place at the time of the complaint; any actions by the licensee to better his or her abilities as a practicing licensee; current patient outcomes; service to his or her community or state; and any other issues, testimony, or other information relating to the licensee found during an investigation or submitted to the Board.3. The panel and the president may make a determination that the case is not appropriate to bring before the Board and shall have the authority to summarily deny the order and, if appropriate, to advise the licensee of requirements to complete for future consideration. The panel may choose to keep the matter pending while the licensee completes the requirements advised.4. Upon a case brought before the Board, the Board shall vote to withdraw or stay the order. If the order is withdrawn, it shall revert to a private settlement agreement pursuant to Section 328.43a of this title.Okla. Stat. tit. 59, § 328.44a
Amended by Laws 2024 , c. 46, s. 10, eff. 11/1/2024.Amended by Laws 2019 , c. 397, s. 10, eff. 8/29/2019.Amended by Laws 2015 , c. 229, s. 25, eff. 7/1/2015.Amended by Laws 2013 , c. 405, s. 16, eff. 5/31/2013.Added by Laws 1996, HB 1880, c. 2, § 16, eff. 11/1/1996; Amended by Laws 2003 , HB 1445, c. 172, §8, emerg. eff. 5/5/2003; Amended by Laws 2005 , HB 1337, c. 377, §6, eff. 11/1/2005; Amended by Laws 2011 , SB 574, c. 262, §5, emerg. eff. 7/1/2011.