Oklahoma § 59-328.29

§ 59-328.29.

28, 2021.

Repealed by Laws 2021, c. 566, § 16, emerg. eff. May

§59-328.29a. Dental assistant – Revocation or suspension of permit,

probation or censure – Reinstatement – Definitions.

A. The following acts or occurrences by a dental assistant

shall constitute grounds for which the penalties specified in

Section 328.44a of this title may be imposed by the Board of

Dentistry or be the basis for denying a new applicant any license or

permit issued by the Board:

1. Any of the causes now existing in the laws of this state;

2. A violation of the provisions of the State Dental Act; or

3. A violation of the rules of the Board promulgated pursuant

to the State Dental Act.

B. The Board shall also have the power to act upon a petition

by a dental assistant for reinstatement to good standing. The Board

shall keep a record of the evidence and proceedings in all matters

involving the revocation or suspension of a permit, censure or

probation of a dental assistant. The Board shall make findings of

fact and a decision thereon. Notification of the licensee or permit

holder shall occur pursuant to Section 328.21 of this title.

C. The decision shall be final unless the dental assistant

appeals the decision as provided by the State Dental Act.

D. The Board shall have power to revoke or suspend the permit,

censure, or place on probation a dental assistant for a violation of

one or more of the following:

1. Pleading guilty or nolo contendere to, or being convicted

of, a felony crime that substantially relates to the occupation of a

dental assistant and poses a reasonable threat to public safety, or

a violation of federal or state controlled dangerous substances

laws;

2. Presenting to the Board a false application or documentation

for a permit;

3. Being, by reason of persistent inebriety or addiction to

drugs, incompetent to continue to function as a dental assistant;

4. Functioning outside the direct or direct visual supervision

of a dentist;

5. Performing any function prohibited by Chapter 15 of the

Oklahoma Administrative Code or any violation that would be a

violation for a dentist or hygienist under Section 328.32 or 328.33

of this title, or any other duty not assignable to a dental

assistant; or

Oklahoma Statutes - Title 59. Professions and Occupations

6. Failure to secure an annual registration as specified in

Section 328.41 of this title.

E. The Board’s review panel, as set forth in Section 328.43a of

this title, upon concurrence with the president of the Board, may

determine that an emergency exists to temporarily suspend the permit

of a dental assistant if the panel finds that public health, safety

or welfare imperatively requires emergency action. The panel may

conduct a hearing pursuant to Section 314 of Title 75 of the

Oklahoma Statutes for the temporary suspension.

F. As used in this section:

1. “Substantially relates” means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. “Poses a reasonable threat” means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 2005, c. 377, § 4, eff. Nov. 1, 2005. Amended by Laws

2013, c. 405, § 10, eff. July 1, 2013; Laws 2015, c. 229, § 17, eff.

July 1, 2015; Laws 2016, c. 113, § 3, eff. Nov. 1, 2016; Laws 2019,

c. 363, § 12, eff. Nov. 1, 2019; Laws 2022, c. 158, § 5, eff. Nov.

1, 2022; Laws 2025, c. 273, § 11, eff. Nov. 1, 2025.