Post-Board Order Activity

PURPOSE: This rule outlines activity subsequent to disciplinary ac tions issued against license holders by the Missouri Dental Board. (1) The Missouri Dental Board shall publish or cause to be published all suspensions, revocations, certificates of registration, licenses, or both, including the name of the licensee, the certificate number, the terms of suspension and a summary of the Findings of Fact and Conclusions of Law of the Administrative Hearing Commission, in any professional journal read by licensed dentists practicing in Missouri, in any newspaper of general circulation, or both. (2) The Missouri Dental Board shall publicize the terms of pro bationary agreements, including the name of the licensee, the certificate number and a summary of the complaint, in any professional journal read by licensed dentists practicing in Missouri or in any newspaper of general circulation. (3) Any licensee whose certificate of registration, license to practice dentistry, or both, has been revoked or suspended shall— (A) Surrender his/her certificate of registration, license, or both, to the Missouri Dental Board. When a suspension is ordered, the certificate, license, or both, shall be held by the Missouri Dental Board for the duration of the suspension pe riod; (B) Refrain from misrepresenting the status of his/her license to practice dentistry to any patient or to the general public; (C) Refrain from maintaining a physical presence in any office organized to practice dentistry in Missouri during the period of the suspension; (D) Be prohibited from receiving any compensation from any person, group practice, partnership or corporate practice or any dental office in this state during the period of suspension or revocation. This subsection shall not be intended to include any fees received by a licensee to which s/he is entitled which are for services performed prior to the effective date of his/her suspension or revocation but which are received during this period; and (E) Not accept fees, during a period of licensees’ period of suspension, from any capitation or third-party payment pro gram to which s/he might otherwise be entitled. This subsec tion shall not include these fees received by the licensee for a period of time prior to the effective date of his/her suspension. (4) Any licensee whose certificate of registration, license to practice dentistry in Missouri, or both, has been revoked or suspended for a period of one (1) year or more in length shall— (A) Notify regular patients of the suspension or revocation by mail within one (1) month after the effective date of the suspension or revocation; (B) Remove any telephone listings identifying him/her as one licensed to practice dentistry in Missouri; (C) Remove his/her name from any sign, door, stationery or advertising material identifying him/her as one licensed to practice dentistry in Missouri; and (D) Refrain from addressing the public in any manner which may suggest that s/he is licensed to practice dentistry in Missouri. (5) The Missouri Dental Board may impose any other reasonable and nonarbitrary requirement which, in its discretion, it may deem necessary to enforce an order of suspension or revocation. (6) Any violation of a suspension order or a post-order requirement shall constitute grounds for the Missouri Dental Board to impose a further suspension or to revoke the licensee’s certificate of registration, license to practice dentistry, or both. (7) Any violation of a probationary agreement shall constitute grounds for the Missouri Dental Board to impose a further period of probation, a period of suspension or to revoke the licensee’s certificate of registration, license to practice dentistry, or both. (8) If at any time when any disciplinary sanctions have been imposed under section 332.321, RSMo or under any provision the licensee removes him/herself from Missouri, ceases to be currently licensed under the provisions of section 332.321, RSMo or fails to keep the Missouri Dental Board advised of his/ her current place of business and residence, the time of his/ her absence, unlicensed status or unknown whereabouts shall not be deemed or taken as any part of the time of discipline so imposed. AUTHORITY: section 332.031, RSMo 1986.* This rule originally filed as 4 CSR 110-2.160. Original rule filed Oct. 2, 1978, effective Jan. 13, 1979. Rescinded and readopted: Filed Oct. 13, 1983, effective Jan. 13, 1984. Amended: Filed Oct. 30, 1985, effective Jan. 26, 1986. Moved to 20 CSR 2110-2.160, effective Aug. 28, 2006. *Original authority: 332.031, RSMo 1969, amended 1981.