R156-69-502. Unprofessional Conduct

Under Subsection 58-1-203(1)(e), "unprofessional Conduct" includes the following: (1) for a patient under any level of sedation including nitrous oxide analgesia: (a) failing to provide continuous in-operatory observation by a trained dental patient care staff member until the patient continuously and independently maintains their airway and may be safely discharged; or (b) failing to record the discharge time and the person discharging the patient in the patient's records; (2) under Subsections 58-69-502(1)(b) and (2), advertising or otherwise holding oneself out to the public as a dentist or dental group that practices in a specialty area, if: (a) the dentist, or each dentist in the dental group, has not successfully completed an advanced educational program accredited by CODA; or (b) as specified in Subsection 58-69-502(2)(b), the advertisement or other method of holding oneself out to the public as a dentist or dental group does not include a prominent disclaimer under Subsection R156-69-102(39) that the dentist or dentists performing services are licensed as general dentists or that the specialty services: (i) is or are licensed as general dentists or that the specialty services will be provided by a general dentist; or (ii) is or are specialists, but not qualified as a specialist in the specialty area being advertised; (3) advertising in a form that is misleading, deceptive, or false, including the display of a credential, education, or training that is inaccurate, or making an unsubstantiated claim of superiority in education, certification, training, skill, experience, or another quantifiable aspect; (4) prescribing treatments and medications outside the scope of dentistry; (5) prescribing for oneself a Schedule II or III controlled substance; (6) engaging in practice as a dentist or dental hygienist without prominently displaying a copy of the current Utah license; (7)(a) failing to personally maintain current CPR, BCLS-BLS, ACLS, or PALS certification as required by the licensee's anesthesia permit; or (b) employing patient care staff who fail to maintain current CPR or BCLS-BLS certification; (8) providing consulting or other dental services under anonymity; (9) engaging in unethical or illegal billing practices or fraud, including: (a) reporting an incorrect treatment date for obtaining payment; (b) reporting charges for services not provided; (c) incorrectly reporting services provided for obtaining payment; or (d) generally representing a charge to a third party that is different from that charged to the patient; (10) failing to establish and maintain appropriate dental records; (11) failing to maintain patient records for seven years; (12) failing to provide copies of x-rays, reports, or records to a patient or the patient's designee upon written request and payment of a nominal fee for copies, regardless of the payment status of the services in the record; (13) failing to discuss the risks of using an opiate with a patient or the patient's guardian before issuing an initial opiate prescription under Section 58-37-306; (14) violating Section R156-69-301a or R156-69-301b; (15) violating Section R156-69-301d; (16) administering a product that is not approved by the Food and Drug Administration (FDA); (17) as a dentist, failing to properly administer: (a) a dermal filler; or (b) a botulinum toxin injection; (18) as a dentist, administering a dermal filler or botulinum toxin injection outside of the dentist's: (a) regularly announced office location; or (b) standard business hours; (19) as a dentist supervising a dental hygienist with a certification for delegated maxillofacial administration botulinum toxin, failing to: (a) adequately supervise the dental hygienist; or (b) provide a final evaluation of the patient and the injection before the patient leaves; (20) as a dental hygienist with a certification for delegated maxillofacial administration of botulinum toxin: (a) failing to properly administer a botulinum toxin injection; or (b) administering a botulinum toxin injection: (i) without the supervision of a dentist who meets the requirements of Subsection R156-69-301a(5); or (ii) outside of the supervising dentist's: (A) regularly announced office location; or (B) standard business hours; (21) as a dentist, failing to adequately supervise a dental auxiliary in accordance with the requirements of statute or rule; (22) violating Section R156-69-808a, R156-69-808b, or R156-69-808c; (23) for a dental hygienist working in a public health setting, violating Subsection 58-69-801(3) or Section R156-69-801; (24) failing to obtain consent under Subsection R156-69-808d(1); (25) failing to obtain written informed consent under Subsection R156-69-808d(2); (26) as a supervising dentist, failing to obtain or maintain professional liability insurance covering a dental auxiliary employee performing an expanded function service under Section R156-69-808a, R156-69-808b, or R156-69-808c; (27) as a dental auxiliary who has certification to perform an expanded function under Section R156-69-808a, R156-69-808b, or R156-69-808c, performing an expanded function knowing that the supervising dentist has failed to obtain or maintain professional liability insurance covering the dental auxiliary to perform the expanded function; (28) failing as a dentist to follow the ADA's Principles of Ethics and Code of Professional Conduct, revised October 2024, which is incorporated by reference; or (29) failing as a dental hygienist to follow the ADHA Code of Ethics, adopted October 2024, which is incorporated by reference.