Unprofessional conduct by a licensed dentist includes the failure to report to the Dental Board the death of a patient related to the performance of any dental procedure; or the unexpected removal to a hospital or emergency center for medical treatment for a period exceeding 24 hours of any patient as a result of dental treatment. Upon receipt of such a report, the board may conduct an inspection of the dental office if deemed necessary.
A licensed dental hygienist must comply with a request by the Dental Hygiene Committee for a patient's dental hygiene records that has the patient’s written authorization for release, within 15 days of receiving the request and authorization. Failure to do so will result in a civil penalty payment to the committee, unless the licensee is unable to provide the documents within this time period for good cause.
A health care facility must provide dental hygiene records that the patient has authorized in writing for release of records to the Dental Hygiene Committee together with a notice citing the penalties for failure to comply with an authorized request. Failure to provide the authorizing patient's dental hygiene records to the committee within 30 days of receiving this request, authorization, and notice shall subject the health care facility to a civil penalty payment to the committee, unless the health care facility is unable to provide the documents within this time period for good cause.
A licensed dental hygienist must comply with a court order mandating the release of records to the Dental Hygiene Committee. Unless it is determined that the order is unlawful or invalid, failure to comply results in a civil penalty to be paid to the committee and constitutes unprofessional conduct that is grounds for suspension or revocation of his or her license; the licensee is also guilty of a misdemeanor punishable by a fine.
Health care facilities must comply with a court order mandating the release of patient records to the Dental Hygiene Committee that is accompanied by a notice citing the penalties for failure to comply. Unless it is determined that the order is unlawful or invalid, failure to comply results in a civil penalty to be paid to the committee; the facility is also guilty of a misdemeanor punishable by a fine.
Each dental hygienist diversion evaluation committee shall have the duty and responsibility to evaluate those licensees who request to participate in the diversion program, and to receive and review information concerning a licensee participating in the program.
After a diversion evaluation committee, in its discretion, has determined that a licensed dental hygienist has been rehabilitated and the diversion program is completed, the diversion evaluation committee shall purge and destroy all records pertaining to the licensee's participation in the diversion program.
All committee and diversion evaluation committee records and records of proceedings pertaining to the treatment of a licensee in a program shall be kept confidential and are not subject to discovery or subpoena. Exception: in the case of disciplinary or criminal proceedings of a licensee who withdraws or is terminated from the program and presents a threat to the public's health and safety, the committee may use diversion treatment records as authorized.
All board and diversion evaluation committee records, proceedings records, and physical therapist or physical therapist assistant diversion program participation records are confidential and not subject to subpoena or discovery.