Unprofessional Conduct, Disciplinary Grounds, and Board Enforcement Procedures
Unprofessional conduct includes a wide range of behaviors that violate the Dental Practice Act or Board rules. Examples: practicing beyond scope, failing to meet CE requirements, practicing under the influence of drugs or alcohol, fraud or deceit in obtaining a license, gross negligence, abandonment of patients, fee splitting, and violating infection control standards. The Board has a formal disciplinary process: complaint, investigation, notice of charges, hearing, and decision. The Board may impose sanctions such as reprimand, probation, suspension, revocation, fines, or required remedial education. Licensees have due process rights, including the right to be represented by counsel, present evidence, and cross-examine witnesses. Traps include thinking that only patient harm triggers discipline; unprofessional conduct can occur even without patient harm (e.g., fraudulent billing). Rule of thumb: any violation of the Act or Board rules can be grounds for discipline. Example: A dentist who fails to report a change of address may face discipline for non-compliance. Another trap is assuming that a single minor violation won't result in discipline; the Board has discretion. Candidates should know that the Board can take emergency action if there is an imminent threat to public health. Also, licensees must report certain violations by other licensees. The Board's decisions can be appealed to circuit court. Understanding the disciplinary grounds and process is essential for legal practice. Always refer to the Act and Board rules for the complete list of unprofessional conduct. Remember that the Board's primary goal is public protection, not punishment.