Ohio § 4715.30

§ 4715.30.

(A) Except as provided in division (K) of this section, an applicant for or holder of

a certificate or license issued under this chapter is subject to disciplinary action

by the state dental board for any of the following reasons: (1) Employing or cooperating in fraud or material deception in applying for or obtaining

a license or certificate; (2) Obtaining or attempting to obtain money or anything of value by intentional misrepresentation

or material deception in the course of practice; (3) Advertising services in a false or misleading manner or violating the board's rules

governing time, place, and manner of advertising; (4) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction

in which the act was committed; (5) Commission of an act in the course of practice that constitutes a misdemeanor in

this state, regardless of the jurisdiction in which the act was committed; (6) Conviction of, a plea of guilty to, a judicial finding of guilt of, a judicial finding

of guilt resulting from a plea of no contest to, or a judicial finding of eligibility

for intervention in lieu of conviction for, any felony or of a misdemeanor committed

in the course of practice; (7) Engaging in lewd or immoral conduct in connection with the provision of dental services; (8) Selling, prescribing, giving away, or administering drugs for other than legal and

legitimate therapeutic purposes, or conviction of, a plea of guilty to, a judicial

finding of guilt of, a judicial finding of guilt resulting from a plea of no contest

to, or a judicial finding of eligibility for intervention in lieu of conviction for,

a violation of any federal or state law regulating the possession, distribution, or

use of any drug; (9) Providing or allowing dental hygienists, expanded function dental auxiliaries, or

other practitioners of auxiliary dental occupations working under the certificate

or license holder's supervision, or a dentist holding a temporary limited continuing

education license under division (C) of section 4715.16 of the Revised Code working under the certificate or license holder's direct supervision, to provide

dental care that departs from or fails to conform to accepted standards for the profession,

whether or not injury to a patient results; (10) Inability to practice under accepted standards of the profession because of physical

or mental disability, dependence on alcohol or other drugs, or excessive use of alcohol

or other drugs; (11) Violation of any provision of this chapter or any rule adopted thereunder; (12) Failure to use universal blood and body fluid precautions established by rules adopted

under section 4715.03 of the Revised Code ; (13) Except as provided in division (H) of this section, either of the following: (a) Waiving the payment of all or any part of a deductible or copayment that a patient,

pursuant to a health insurance or health care policy, contract, or plan that covers

dental services, would otherwise be required to pay if the waiver is used as an enticement

to a patient or group of patients to receive health care services from that certificate

or license holder; (b) Advertising that the certificate or license holder will waive the payment of all

or any part of a deductible or copayment that a patient, pursuant to a health insurance

or health care policy, contract, or plan that covers dental services, would otherwise

be required to pay. (14) Failure to comply with section 4715.302 or 4729.79 of the Revised Code , unless the state board of pharmacy no longer maintains a drug database pursuant

to section 4729.75 of the Revised Code ; (15) Any of the following actions taken by an agency responsible for authorizing, certifying,

or regulating an individual to practice a health care occupation or provide health

care services in this state or another jurisdiction, for any reason other than the

nonpayment of fees:  the limitation, revocation, or suspension of an individual's

license to practice;  acceptance of an individual's license surrender;  denial of

a license;  refusal to renew or reinstate a license;  imposition of probation;  or

issuance of an order of censure or other reprimand; (16) Failure to cooperate in an investigation conducted by the board under division (D) of section 4715.03 of the Revised Code , including failure to comply with a subpoena or order issued by the board or failure

to answer truthfully a question presented by the board at a deposition or in written

interrogatories, except that failure to cooperate with an investigation shall not

constitute grounds for discipline under this section if a court of competent jurisdiction

has issued an order that either quashes a subpoena or permits the individual to withhold

the testimony or evidence in issue; (17) Failure to comply with the requirements in section 3719.061 of the Revised Code before issuing for a minor a prescription for an opioid analgesic, as defined in section 3719.01 of the Revised Code ; (18) Failure to comply with the requirements of sections 4715.71 and 4715.72 of the Revised Code regarding the operation of a mobile dental facility; (19) A pattern of continuous or repeated violations of division (F)(2) of section 3963.02 of the Revised Code . (B) A manager, proprietor, operator, or conductor of a dental facility shall be subject

to disciplinary action if any dentist, dental hygienist, expanded function dental

auxiliary, or qualified personnel providing services in the facility is found to have

committed a violation listed in division (A) of this section and the manager, proprietor,

operator, or conductor knew of the violation and permitted it to occur on a recurring

basis. (C) Subject to Chapter 119. of the Revised Code, the board may take one or more of the

following disciplinary actions if one or more of the grounds for discipline listed

in divisions (A) and (B) of this section exist: (1) Censure the license or certificate holder; (2) Place the license or certificate on probationary status for such period of time the

board determines necessary and require the holder to: (a) Report regularly to the board upon the matters which are the basis of probation; (b) Limit practice to those areas specified by the board; (c) Continue or renew professional education until a satisfactory degree of knowledge

or clinical competency has been attained in specified areas. (3) Suspend the certificate or license; (4) Revoke the certificate or license. Where the board places a holder of a license or certificate on probationary status

pursuant to division (C)(2) of this section, the board may subsequently suspend or

revoke the license or certificate if it determines that the holder has not met the

requirements of the probation or continues to engage in activities that constitute

grounds for discipline pursuant to division (A) or (B) of this section. Any order suspending a license or certificate shall state the conditions under which

the license or certificate will be restored, which may include a conditional restoration

during which time the holder is in a probationary status pursuant to division (C)(2)

of this section.  The board shall restore the license or certificate unconditionally when such conditions

are met. (D) If the physical or mental condition of an applicant or a license or certificate holder

is at issue in a disciplinary proceeding, the board may order the license or certificate

holder to submit to reasonable examinations by an individual designated or approved

by the board and at the board's expense.  The physical examination may be conducted by any individual authorized by the Revised

Code to do so, including a physician assistant, a clinical nurse specialist, a certified

nurse practitioner, or a certified nurse-midwife.  Any written documentation of the physical examination shall be completed by the

individual who conducted the examination. Failure to comply with an order for an examination shall be grounds for refusal of

a license or certificate or summary suspension of a license or certificate under division

(E) of this section. (E) If a license or certificate holder has failed to comply with an order under division

(D) of this section, the board may apply to the court of common pleas of the county

in which the holder resides for an order temporarily suspending the holder's license

or certificate, without a prior hearing being afforded by the board, until the board

conducts an adjudication hearing pursuant to Chapter 119. of the Revised Code.  If the court temporarily suspends a holder's license or certificate, the board shall

give written notice of the suspension personally or by certified mail to the license

or certificate holder.  Such notice shall inform the license or certificate holder of the right to a hearing

pursuant to Chapter 119. of the Revised Code. (F) Any holder of a certificate or license issued under this chapter who has pleaded

guilty to, has been convicted of, or has had a judicial finding of eligibility for

intervention in lieu of conviction entered against the holder in this state for aggravated

murder, murder, voluntary manslaughter, felonious assault, kidnapping, rape, sexual

battery, gross sexual imposition, aggravated arson, aggravated robbery, or aggravated

burglary, or who has pleaded guilty to, has been convicted of, or has had a judicial

finding of eligibility for treatment or intervention in lieu of conviction entered

against the holder in another jurisdiction for any substantially equivalent criminal

offense, is automatically suspended from practice under this chapter in this state

and any certificate or license issued to the holder under this chapter is automatically

suspended, as of the date of the guilty plea, conviction, or judicial finding, whether

the proceedings are brought in this state or another jurisdiction.  Continued practice by an individual after the suspension of the individual's certificate

or license under this division shall be considered practicing without a certificate

or license.  The board shall notify the suspended individual of the suspension of the individual's

certificate or license under this division in accordance with sections 119.05 and 119.07 of the Revised Code .  If an individual whose certificate or license is suspended under this division fails

to make a timely request for an adjudicatory hearing, the board shall enter a final

order revoking the individual's certificate or license. (G) If the secretary and vice-secretary of the state dental board determine both of the

following, they may recommend that the board suspend an individual's certificate or

license without a prior hearing: (1) That there is clear and convincing evidence that an individual has violated division

(A) of this section; (2) That the individual's continued practice presents a danger of immediate and serious

harm to the public. Written allegations shall be prepared for consideration by the board.  The board, upon review of those allegations and by an affirmative vote of not fewer

than four dentist members of the board and seven of its members in total, excluding

the secretary and vice-secretary, may suspend a certificate or license without a prior

hearing.  A telephone conference call may be utilized for reviewing the allegations and taking

the vote on the summary suspension. The board shall serve a written order of suspension in accordance with sections 119.05 and 119.07 of the Revised Code .  The order shall not be subject to suspension by the court during pendency or any

appeal filed under section 119.12 of the Revised Code .  If the individual subject to the summary suspension requests an adjudicatory hearing

by the board, the date set for the hearing shall be within fifteen days, but not earlier

than seven days, after the individual requests the hearing, unless otherwise agreed

to by both the board and the individual. Any summary suspension imposed under this division shall remain in effect, unless

reversed on appeal, until a final adjudicative order issued by the board pursuant

to this section and Chapter 119. of the Revised Code becomes effective.  The board shall issue its final adjudicative order within seventy-five days after

completion of its hearing.  A failure to issue the order within seventy-five days shall result in dissolution

of the summary suspension order but shall not invalidate any subsequent, final adjudicative

order. (H) Sanctions shall not be imposed under division (A)(13) of this section against any

certificate or license holder who waives deductibles and copayments as follows: (1) In compliance with the health benefit plan that expressly allows such a practice.  Waiver of the deductibles or copayments shall be made only with the full knowledge

and consent of the plan purchaser, payer, and third-party administrator.  Documentation of the consent shall be made available to the board upon request. (2) For professional services rendered to any other person who holds a certificate or

license issued pursuant to this chapter to the extent allowed by this chapter and

the rules of the board. (I) In no event shall the board consider or raise during a hearing required by Chapter

119. of the Revised Code the circumstances of, or the fact that the board has received,

one or more complaints about a person unless the one or more complaints are the subject

of the hearing or resulted in the board taking an action authorized by this section

against the person on a prior occasion. (J) The board may share any information it receives pursuant to an investigation under division (D) of section 4715.03 of the Revised Code , including patient records and patient record information, with law enforcement agencies,

other licensing boards, and other governmental agencies that are prosecuting, adjudicating,

or investigating alleged violations of statutes or administrative rules.  An agency or board that receives the information shall comply with the same requirements

regarding confidentiality as those with which the state dental board must comply,

notwithstanding any conflicting provision of the Revised Code or procedure of the

agency or board that applies when it is dealing with other information in its possession.  In a judicial proceeding, the information may be admitted into evidence only in

accordance with the Rules of Evidence, but the court shall require that appropriate

measures are taken to ensure that confidentiality is maintained with respect to any

part of the information that contains names or other identifying information about

patients or complainants whose confidentiality was protected by the state dental board

when the information was in the board's possession.  Measures to ensure confidentiality that may be taken by the court include sealing

its records or deleting specific information from its records. (K) The board shall not refuse to issue a license or certificate to an applicant for

either of the following reasons unless the refusal is in accordance with section 9.79 of the Revised Code : (1) A conviction or plea of guilty to an offense; (2) A judicial finding of eligibility for treatment or intervention in lieu of a conviction.