Oklahoma § 59-328.49 - See the following versions:

§ 59-328.49. See the following versions:

OS 59-328.49v1 (HB 2104, Laws 2025, c. 486, § 530)

OS 59-328.49v2 (HB 2104, Laws 2025, c. 486, § 723)

§59-328.49v1. Unlawful practices - Criminal and civil actions.

A. The Board of Dentistry shall be responsible for the

enforcement of the provisions of the State Dental Act against all

persons who are in violation thereof, including, but not limited to,

individuals who practice or attempt to practice dentistry or dental

hygiene without proper authorization from the Board.

B. 1. It shall be unlawful for any person, except a licensed

dentist, to:

a.

practice or attempt to practice dentistry,

b.

hold oneself out to the public as a dentist or as a

person who practices dentistry, or

c.

employ or use the words "Doctor" or "Dentist", or the

letters "D.D.S." or "D.M.D.", or any modification or

derivative thereof, when such use is intended to give

the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered

dental hygienist, to:

a.

practice or attempt to practice dental hygiene,

b.

hold oneself out to the public as a dental hygienist

or as a person who practices dental hygiene, or

c.

employ or use the words "Registered Dental Hygienist",

or the letters "R.D.H.", or any modification or

Oklahoma Statutes - Title 59. Professions and Occupations

derivative thereof, when such use is intended to give

the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a.

give false or fraudulent evidence or information to

the Board in an attempt to obtain any license or

permit from the Board, or

b.

aid or abet another person in violation of the State

Dental Act.

4. Each day a person is in violation of any provision of this

subsection shall constitute a separate criminal offense and, in

addition, the district attorney may file a separate charge of

medical battery for each person who is injured as a result of

treatment performed in violation of this subsection.

C. 1. If a person violates any of the provisions of subsection

B of this section, the Board shall refer the alleged violation to

the district attorney of the county in which the violation is

alleged to have occurred to bring a criminal action in that county

against the person. At the request of the Board, district attorney

or Attorney General, attorneys employed or contracted by the Board

may assist the district attorney or Attorney General in prosecuting

charges under the State Dental Act or any violation of law relating

to or arising from an investigation conducted by the Board of

Dentistry upon approval of the Board or the Executive Director.

2. Any person who violates any of the provisions of paragraph 1

or 3 of subsection B of this section, upon conviction, shall be

guilty of a Class D1 felony offense punishable by a fine in an

amount not less than One Thousand Dollars ($1,000.00) nor more than

Ten Thousand Dollars ($10,000.00), or by imprisonment as provided

for in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or by both such fine and imprisonment.

Any person who violates any of the provisions of paragraph 2 of

subsection B of this section, upon conviction, shall be guilty of a

misdemeanor punishable by a fine in an amount not less than Five

Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred

Dollars ($2,500.00), or by imprisonment in the county jail for a

term of not more than ninety (90) days, or by both such fine and

imprisonment. Any second or subsequent violation of paragraph 2 of

subsection B of this section, upon conviction, shall be a felony

punishable by a fine in an amount not less than One Thousand Five

Hundred Dollars ($1,500.00) nor more than Five Thousand Dollars

($5,000.00), or by imprisonment in the county jail for a term of not

more than one (1) year or imprisonment in the custody of the

Department of Corrections for a term of not more than two (2) years,

or by both such fine and imprisonment.

D. The Board may initiate a civil action, pursuant to Chapter

24 of Title 12 of the Oklahoma Statutes, seeking a temporary

restraining order or injunction, without bond, commanding a person

Oklahoma Statutes - Title 59. Professions and Occupations

to refrain from engaging in conduct which constitutes a violation of

any of the provisions of subsection B of this section. In a civil

action filed pursuant to this subsection, the prevailing party shall

be entitled to recover costs and reasonable attorney fees.

E. In addition to any other penalties provided herein, any

person found guilty of contempt of court by reason of the violation

of any injunction prohibiting the unlicensed practice of dentistry

now in effect or hereafter entered pursuant to any provision of the

State Dental Act or any preceding state dental act, shall be

punished by imprisonment in the county jail for a term of not less

than thirty (30) days nor more than one (1) year, and by a fine of

not less than Five Hundred Dollars ($500.00) nor more than One

Thousand Dollars ($1,000.00). The court may also require the

defendant to furnish a good and sufficient bond in a penal sum to be

set by the court, not less than One Thousand Dollars ($1,000.00),

which shall be conditioned upon future compliance in all particulars

with the injunction entered, and in the event of failure of the

defendant to furnish such bond when so ordered, the defendant shall

be confined in the county jail pending compliance therewith. Such

bond shall be mandatory as to any person hereafter found guilty of a

second contempt of court for violation of any injunction entered

pursuant to the State Dental Act, or any preceding state dental act.

Added by Laws 1970, c. 173, § 49, eff. July 1, 1970. Amended by

Laws 1996, c. 2, § 17, eff. Nov. 1, 1996; Laws 2003, c. 172, § 10,

emerg. eff. May 5, 2003; Laws 2008, c. 358, § 1, eff. Nov. 1, 2008;

Laws 2012, c. 270, § 11, eff. Nov. 1, 2012; Laws 2025, c. 486, §

530, eff. Jan. 1, 2026.

§59-328.49v2. Unlawful practices - Criminal and civil actions.

A. The Board of Dentistry shall be responsible for the

enforcement of the provisions of the State Dental Act against all

persons who are in violation thereof, including, but not limited to,

individuals who practice or attempt to practice dentistry or dental

hygiene without proper authorization from the Board.

B. 1. It shall be unlawful for any person, except a licensed

dentist, to:

a.

practice or attempt to practice dentistry,

b.

hold oneself out to the public as a dentist or as a

person who practices dentistry, or

c.

employ or use the words "Doctor" or "Dentist", or the

letters "D.D.S." or "D.M.D.", or any modification or

derivative thereof, when such use is intended to give

the impression that the person is a dentist.

2. It shall be unlawful for any person, except a registered

dental hygienist, to:

a.

practice or attempt to practice dental hygiene,

Oklahoma Statutes - Title 59. Professions and Occupations

b.

hold oneself out to the public as a dental hygienist

or as a person who practices dental hygiene, or

c.

employ or use the words "Registered Dental Hygienist",

or the letters "R.D.H.", or any modification or

derivative thereof, when such use is intended to give

the impression that the person is a dental hygienist.

3. It shall be unlawful for any person to:

a.

give false or fraudulent evidence or information to

the Board in an attempt to obtain any license or

permit from the Board, or

b.

aid or abet another person in violation of the State

Dental Act.

4. Each day a person is in violation of any provision of this

subsection shall constitute a separate criminal offense and, in

addition, the district attorney may file a separate charge of

medical battery for each person who is injured as a result of

treatment performed in violation of this subsection.

C. 1. If a person violates any of the provisions of subsection

B of this section, the Board shall refer the alleged violation to

the district attorney of the county in which the violation is

alleged to have occurred to bring a criminal action in that county

against the person. At the request of the Board, district attorney

or Attorney General, attorneys employed or contracted by the Board

may assist the district attorney or Attorney General in prosecuting

charges under the State Dental Act or any violation of law relating

to or arising from an investigation conducted by the Board of

Dentistry upon approval of the Board or the Executive Director.

2. Any person who violates any of the provisions of paragraph 1

or 3 of subsection B of this section, upon conviction, shall be

guilty of a Class D1 felony offense punishable by a fine in an

amount not less than One Thousand Dollars ($1,000.00) nor more than

Ten Thousand Dollars ($10,000.00), or by imprisonment as provided

for in subsections B through F of Section 20N of Title 21 of the

Oklahoma Statutes, or by both such fine and imprisonment.

Any person who violates any of the provisions of paragraph 2 of

subsection B of this section, upon conviction, shall be guilty of a

misdemeanor punishable by a fine in an amount not less than Five

Hundred Dollars ($500.00) nor more than Two Thousand Five Hundred

Dollars ($2,500.00), or by imprisonment in the county jail for a

term of not more than ninety (90) days, or by both such fine and

imprisonment. Any second or subsequent violation of paragraph 2 of

subsection B of this section, upon conviction, shall be a Class D3

felony offense punishable by a fine in an amount not less than One

Thousand Five Hundred Dollars ($1,500.00) nor more than Five

Thousand Dollars ($5,000.00), or by imprisonment as provided for in

subsections B through F of Section 20P of Title 21 of the Oklahoma

Statutes, or by both such fine and imprisonment.

Oklahoma Statutes - Title 59. Professions and Occupations

D. The Board may initiate a civil action, pursuant to Chapter

24 of Title 12 of the Oklahoma Statutes, seeking a temporary

restraining order or injunction, without bond, commanding a person

to refrain from engaging in conduct which constitutes a violation of

any of the provisions of subsection B of this section. In a civil

action filed pursuant to this subsection, the prevailing party shall

be entitled to recover costs and reasonable attorney fees.

E. In addition to any other penalties provided herein, any

person found guilty of contempt of court by reason of the violation

of any injunction prohibiting the unlicensed practice of dentistry

now in effect or hereafter entered pursuant to any provision of the

State Dental Act or any preceding state dental act, shall be

punished by imprisonment in the county jail for a term of not less

than thirty (30) days nor more than one (1) year, and by a fine of

not less than Five Hundred Dollars ($500.00) nor more than One

Thousand Dollars ($1,000.00). The court may also require the

defendant to furnish a good and sufficient bond in a penal sum to be

set by the court, not less than One Thousand Dollars ($1,000.00),

which shall be conditioned upon future compliance in all particulars

with the injunction entered, and in the event of failure of the

defendant to furnish such bond when so ordered, the defendant shall

be confined in the county jail pending compliance therewith. Such

bond shall be mandatory as to any person hereafter found guilty of a

second contempt of court for violation of any injunction entered

pursuant to the State Dental Act, or any preceding state dental act.

Added by Laws 1970, c. 173, § 49, eff. July 1, 1970. Amended by

Laws 1996, c. 2, § 17, eff. Nov. 1, 1996; Laws 2003, c. 172, § 10,

emerg. eff. May 5, 2003; Laws 2008, c. 358, § 1, eff. Nov. 1, 2008;

Laws 2012, c. 270, § 11, eff. Nov. 1, 2012; Laws 2025, c. 486, §

723, eff. Jan. 1, 2026.