2020 Arkansas Code
Title 17 - Professions, Occupations, and Businesses
Subtitle 3 - Medical Professions
Chapter 82 - Dentists, Dental Hygienists, and Dental Assistants
Subchapter 3 - Licensing Generally
§ 17-82-316. Revocation or suspension — Grounds — Effect

(a) The Arkansas State Board of Dental Examiners is vested with the power to revoke or suspend for any period of time the privilege of practicing under any license issued in the State of Arkansas to any dentist, dental hygienist, or dental assistant possessing an expanded duties permit if the board finds that the licensee or permit holder has violated this chapter, the rules of the board, or a previous order of the board.

(b) In addition to suspending or revoking a license or permit, the board may:

1. (1) Place a licensee on probation for a period not exceeding eighteen (18) months per violation under terms and conditions determined by the board to be in the best interest of the licensee and the people of the State of Arkansas;

2. (2) Impose a fine not to exceed one thousand dollars ($1,000) per violation; or

3. (3) Require a licensee or permit holder to reimburse the board for its costs in conducting the investigation and hearing.

(c) The board may impose one (1) or more of the penalties set out in subsection (b) of this section if the board finds that the licensed dentist, dental hygienist, or permit holder has violated this chapter, or the rules of the board, or has committed one (1) or more of the following acts:

1. (1) The presentation to or filing with the board, for the purpose of securing a license to practice dentistry or dental hygiene or to obtain any permit issued by the board, of any diploma, license, or certificate illegally or fraudulently obtained by the applicant;

2. (2) The use of an assumed or fictitious name in applying for a license for the purpose of shielding moral unfitness or a criminal record;

3. (3) The commission of any criminal operation; habitual drunkenness for a period of three (3) months; insanity; adjudication of insanity or mental incompetency if deemed detrimental to patients; conviction of a felony listed under § 17-3-102; addiction to narcotics; immoral, dishonorable, or scandalous conduct; professional incompetency; failure to maintain proper standards of sanitation or failure otherwise to maintain adequate safeguards for the health and safety of patients; or employment in the practice of the profession of any drug, nostrum, unknown formula, or dangerous or unknown anesthetic not generally used by the dental profession;

4. (4) The advertising of services to the public which is fraudulent and misleading or which does not comply with the rules of the board;

5. (5) The permitting of any unlicensed person under his or her supervision or control to perform any act, service, practice, or operation on any patient or prospective patient which constitutes a part of the practice of dentistry or dental hygiene or is involved with the administration of drugs, medicines, or anesthetics, except those services permitted by the board and under the supervision of a licensed dentist;

6. (6) The violation of any rule of board standards of professional conduct for dentists and dental hygienists practicing within the state;

7. (7) The violation of any term of probation or order previously entered by the board affecting the licensee or permit holder; or

8. (8) Having been found in violation of a statute or a rule governing the practice of dentistry or dental hygiene by the dental licensing authority or agency or another state.

(d) The board may revoke the license of a dentist who permits a dental hygienist or dental assistant under his or her supervision to perform any of the acts, services, or practices which are prohibited by this chapter. The board also may revoke the license of the offending dental hygienist or the permit of the dental assistant.

(e) No license revoked by the board shall ever be renewed.

(f) No license which has been suspended by the board shall be reinstated until the offender has:

1. (1) Given satisfactory assurance of future correct conduct; and

2. (2) Paid a fee of fifty dollars ($50.00) to the board.

(g) A license may be suspended or revoked if during the term of his or her probation the licensee shall violate any of the terms of his or her probation as set forth by the board.

(h) Any fine imposed on a licensee shall be paid to the board before the resumption of the practice of dentistry or dental hygiene by the licensee.

(i) A dentist or dental hygienist who resumes his or her practice after the revocation of his or her license is subject to the penalties and liabilities prescribed in § 17-82-301(b) and (c).