Oklahoma § 59-328.44

§ 59-328.44.

Repealed by Laws 1996, c. 2, § 22, eff. Nov. 1, 1996.

§59-328.44a. Penalties - Judicial review.

A. 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, 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; or

Oklahoma Statutes - Title 59. Professions and Occupations

8. 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, 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, and

d.

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

Oklahoma Statutes - Title 59. Professions and Occupations

revert to a private settlement agreement pursuant to Section 328.43a

of this title.

Added by Laws 1996, c. 2, § 16, eff. Nov. 1, 1996. Amended by Laws

2003, c. 172, § 8, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 6,

eff. Nov. 1, 2005; Laws 2011, c. 262, § 5, eff. July 1, 2011; Laws

2013, c. 405, § 16, eff. July 1, 2013; Laws 2015, c. 229, § 25, eff.

July 1, 2015; Laws 2019, c. 397, § 10; Laws 2024, c. 46, § 10, eff.

Nov. 1, 2024; Laws 2025, c. 273, § 16, eff. Nov. 1, 2025.

§59-328.44b. Surrender of license, permit, or certificate.

A. A holder of a license, a permit, or certificate granted by

the Board of Dentistry shall have the right to surrender the

license, permit, or certificate, in writing, notarized, to the Board

if the holder is in good standing with the Board as determined, in

its discretion, by the Board. The Board shall accept such surrender

in writing after approval at a regular or special Board meeting with

the statement that the holder is in good standing with the Board.

Any holder who has surrendered a license, permit, or certificate

issued by the Board and who shall apply for a license, permit, or

certificate after surrender shall be subject to all statutes and

rules of the Board applicable at the time of the new application.

B. A holder of a license, permit, or certificate shall not be

considered to be in good standing if an investigation of a complaint

is pending against the holder. The Board shall not accept a

surrender until a complaint is dismissed by the review panel, an

agreed order or agreed order of surrender is entered, or the Board

determines that an individual proceeding shall be initiated pursuant

to Section 328.43a of this title.

C. If a holder of a license, permit, or certificate wishes to

surrender the license, permit, or certificate during the pendency of

an initial proceeding, the Board may accept or reject the surrender,

in its discretion. The acceptance must be in writing after approval

by the Board at a regular or special Board meeting. Any acceptance

shall contain the statement that the acceptance is pending

disciplinary action. No person who surrenders a license, permit, or

certificate to the Board during a pending disciplinary action shall

be eligible for reinstatement for a period of five (5) years from

the date the surrender is accepted by the Board.

D. The Board shall retain jurisdiction over the holder of any

license, permit, or certificate for all disciplinary matters pending

at the time surrender is sought by the holder or over any person

that does not renew his or her license while an investigation is

pending.

E. All surrenders of licenses, permits, or certificates,

whether the holder is or is not in good standing, shall be reported

to the National Practitioner Data Bank with the notation in good

standing or pending disciplinary action.

Oklahoma Statutes - Title 59. Professions and Occupations

Added by Laws 2005, c. 377, § 7, eff. Nov. 1, 2005. Amended by Laws

2018, c. 151, § 14, eff. Nov. 1, 2018; Laws 2024, c. 46, § 11, eff.

Nov. 1, 2024.