TITLE VI
PROFESSIONAL REGULATION
CHAPTER 30
DISCIPLINE
[Prior to 5/18/88, Dental Examiners, Board of[320]]
650—30.1(153) General. The board has authority to impose discipline for any violation of Iowa Code title IV, chapter 272C, or the rules promulgated thereunder.
650—30.2(153) Methods of discipline. The board has authority to impose one or more of the following disciplinary sanctions:
	1.	Revocation of license or registration.
	2.	Suspension of license or registration until further order of the board or for a specified period.
	3.	Nonrenewal of license or registration.
	4.	Prohibit permanently, until further order of the board or for a specified period, the engaging in specified procedures, methods or acts.
	5.	Probation.
	6.	Require additional education or training.
	7.	Require clinical or written examination.
	8.	Order a physical, mental, or clinical evaluation.
	9.	Impose civil penalties not to exceed $10,000 where specifically provided by rules.
	10.	Issue citation and warning.
	11.	Such other sanctions allowed by law as may be appropriate.
650—30.3(153) Discretion of board. The following factors may be considered by the board in determining the nature and severity of the disciplinary sanction to be imposed:
	1.	The relative seriousness of the violation as it relates to assuring the citizens of this state a high standard of professional care.
	2.	The facts of the particular violation.
	3.	Any extenuating circumstances or other countervailing considerations.
	4.	Number of prior violations or complaints.
	5.	Seriousness of prior violations or complaints.
	6.	Whether remedial action has been taken.
	7.	Such other factors as may reflect upon the competency, ethical standards and professional conduct of the licensee or registrant.
650—30.4(147,153,272C) Grounds for discipline. The following shall constitute grounds for the imposition by the board of one or more of the disciplinary sanctions set forth in rule 650—30.2(153) specifically including the imposition of civil penalties not to exceed $10,000. This rule is not subject to waiver pursuant to 650—Chapter 7 or any other provision of law.
	1.	Fraud or deceit in procuring a resident dentist license, faculty permit, or license to practice dentistry or dental hygiene, or registration as a dental assistant, whether by examination or credentials. Fraud or deceit shall mean any false or misleading statement of a material fact or omission of information required to be disclosed.
	2.	Fraud or deceit in renewing a resident dentist license, faculty permit, or other license to practice dentistry or dental hygiene, or registration as a dental assistant, including but not limited to false or misleading statements concerning continuing education required for renewal.
	3.	Fraud in representation as to skill or ability whether by words or conduct, false or misleading allegations, or concealment of that which should have been disclosed, including but not limited to false or misleading statements contained in advertising allowed by these rules.
	4.	Conviction of a felony crime or conviction of a misdemeanor crime if the misdemeanor conviction relates to the practice of the profession.
	5.	Habitual use of drugs or intoxicants rendering unfit for practice.
	6.	Practicing dentistry, dental hygiene, or dental assisting while in a state of advanced physical or mental disability where such disability renders the licensee or registrant incapable of performing professional services or impairs functions of judgment necessary to the practice.
	7.	Improper sexual contact with, or making suggestive, lewd, lascivious or improper remarks or advances to a patient or a coworker.
	8.	Willful and gross malpractice.
	9.	Willful and gross neglect.
	10.	Obtaining any fee by fraud or misrepresentation.
	11.	Receiving or paying any fees for referral of patients.
	12.	Failure to pay fees required by these rules.
	13.	Unprofessional conduct including, but not limited to, those acts defined by Iowa Code section 153.32 or any violation of 650—Chapter 27.
	14.	Failure to preserve the confidentiality of patient information by using or attempting to use any patient records from the office of a current or prior employer.
	15.	1Engaging in the practice of dentistry, dental hygiene, or dental assisting in Iowa after failing to renew a license or registration to practice in Iowa within 60 days of expiration of the license or registration.
	16.	 Failure to maintain a satisfactory standard of competency
	17.	Failure to maintain adequate safety and sanitary conditions for a dental office.
	18.	Indiscriminately or promiscuously prescribing or dispensing any drug or prescribing or dispensing any drug for other than lawful purposes.
	19.	Encouraging, assisting or enabling the unauthorized practice of dentistry, dental hygiene, or dental assisting in any manner.
	20.	Associating with a dental laboratory or technician where the dentist delegates or permits the assumption by the dental laboratory or dental laboratory technician of any service constituting the practice of dentistry or where the laboratory or technician holds itself out to the public in any way as selling, supplying, furnishing, constructing, repairing or altering prosthetic dentures, bridges, ortho dontic or other appliances or devices to be used as substitutes for or as part of natural teeth or associated structures, or for correction of malocclusions or deformities.
	21.	Failure to prominently display the names of all persons who are practicing dentistry, dental hygiene, or dental assisting within an office.
	22.	Employment of or permitting an unlicensed or unregistered person to practice dentistry, dental hygiene, or dental assisting.
	23.	Failure to comply with the decision of the board imposing discipline.
	24.	Failure to report any of the following:
	25.	Rescinded IAB 2/6/02, effective 3/13/02.Every adverse judgment in a professional malpractice action to which the licensee or registrant was a party.
Every settlement of a claim against the licensee or registrant alleging malpractice.
Every conviction or violation of law or statute of this or another state as set forth in paragraph 30.4“4.”
	26.	Knowingly providing false information to the board or an agent of the board during the course of an inspection or investigation or interfering with an inspection or investigation.
	27.	1In a case that has been referred by the Iowa practitioner review committee (IPRC) to the board, violating the terms of an initial agreement with the IPRC or a recovery contract entered into with the IPRC.
	28.	Violating any provision of Iowa law, or being a party to or assisting in any violation of any provision of Iowa law.
	29.	Any willful or repeated violations of Iowa law, or being a party to or assisting in any violation of any provision of Iowa law.
	30.	Knowingly submitting a false continuing education reporting form or failure to meet the continuing education requirements for renewal of an active license or registration.
	31.	Failure to notify the board of change of address within 60 days.
	32.	Failure to report a license or registration revocation, suspension or other disciplinary action taken by a licensing authority of another state, territory or country within 30 days of the final action by the licensing authority. A stay by an appellate court shall not negate this requirement; however, if the disciplinary action is overturned or reversed by a court of last resort, the report shall be expunged from the records of the board when the board is so notified.
	33.	Failure to comply with a subpoena issued by the board.
	34.	Engaging in the practice of dentistry, dental hygiene, or dental assisting with an expired or inactive renewal.
	35.	1Failure to comply with standard precautions for preventing and controlling infectious diseases and managing personnel health and safety concerns related to infection control, as required or recommended for dentistry by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services.
	36.	Failure to comply with the recommendations of the expert review panel established pursuant to Iowa Code subsection 139C.2(3) and applicable hospital protocols established pursuant to subsection 139C.2(1
	37.	Failure to comply with the infection control standards which are consistent with the standards set forth in 875—Chapters 10 and 26.
	38.	Failure to fully and promptly comply with office inspections conducted at the request of the board to determine compliance with sanitation and infection control standards.
	39.	Knowingly making misleading, deceptive, untrue or fraudulent representations in the practice of the licensee’s or registrant’s profession or engaging in unethical conduct or practice harmful or detrimental to the public. Proof of actual injury need not be established.
	40.	Habitual intoxication or addiction to the use of drugs.
	41.	Noncompliance with a support order or with a written agreement for payment of support as evidenced by a certificate of noncompliance issued pursuant to Iowa Code chapter 252J. Disciplinary proceedings initiated under this subrule shall follow the procedures set forth in Iowa Code chapter 252J and Iowa Administrative Code 650—Chapter 33.
	42.	Receipt of a certificate of noncompliance issued by the college student aid commission pursuant to Iowa Code sections 261.121 to 261.127. Disciplinary proceedings initiated under this subrule shall follow the procedures set forth in Iowa Code sections 261.121 to 261.127 and Iowa Administrative Code 650—Chapter 34.
	43.	Practicing beyond training.
	44.	Delegating any acts to any licensee or registrant that are beyond the training or education of the licensee or registrant, or that are otherwise prohibited by rule.
1	August 25, 2004, effective date delayed 70 days by the Administrative Rules Review Committee at its meeting held August 11, 2004.Note: Pursuant to Iowa Code section 17A.6(3), a sentence in 30.4“24” nullified by HJR 2006 in the 2006 Session of the Eighty-first General Assembly was removed IAC Supplement 5/24/06.
650—30.5(153) Impaired practitioner review committee. Transferred IAB 2/6/02, effective 3/13/02. See 650—Chapter 35.
These rules are intended to implement Iowa Code sections 261.121 to 261.127 and Iowa Code chapters 147, 153, 252J, 272C, and 598.
[Filed 4/9/79, Notice 10/4/78—published 5/2/79, effective 6/6/79]
[Filed 1/23/87, Notice 12/17/86—published 2/11/87, effective 3/18/87]
[Filed 4/28/88, Notice 3/23/88—published 5/18/88, effective 6/22/88]
[Filed 10/18/88, Notice 9/7/88—published 11/16/88, effective 12/21/88]
[Filed 3/17/89, Notice 1/25/89—published 4/5/89, effective 5/10/89]
[Filed 1/29/93, Notice 11/25/92—published 2/17/93, effective 3/24/93]
[Filed 7/30/93, Notice 6/9/93—published 8/18/93, effective 9/22/93]
[Filed 1/27/94, Notice 12/8/93—published 2/16/94, effective 3/23/94]
[Filed 4/30/96, Notice 1/3/96—published 5/22/96, effective 6/26/96]
[Filed 4/30/96, Notice 2/14/96—published 5/22/96, effective 6/26/96]
[Filed 2/5/97, Notice 9/25/96—published 2/26/97, effective 4/2/97]
[Filed 1/22/99, Notice 12/2/98—published 2/10/99, effective 3/17/99]
[Filed 10/23/00, Notice 8/9/00—published 11/15/00, effective 1/1/01]
[Filed 1/19/01, Notice 11/15/00—published 2/7/01, effective 3/14/01]
[Filed 1/18/02, Notice 11/14/01—published 2/6/02, effective 3/13/02]
[Filed 7/1/04, Notice 5/12/04—published 7/21/04, effective 8/25/04]1
[Filed emergency 10/21/04—published 11/10/04, effective 12/15/04]
[Filed 4/22/05, Notice 2/2/05—published 5/11/05, effective 6/15/05]
[Nullified language editorially removed 5/24/06]†
[Filed 10/18/07, Notice 8/15/07—published 11/7/07, effective 12/12/07]
1	Effective date of ARC 3520B, Items 17 and 20, delayed 70 days by the Administrative Rules Review Committee at its meeting held August 11, 2004.