Okla. Stat. tit. 59, § 59-328.44a: Penalties - Judicial review

A. The Board of Dentistry is authorized, after notice and

opportunity for a hearing pursuant to Article II of the

Administrative Procedures Act, to issue an order imposing one or

more of the following penalties whenever the Board finds, by clear

and convincing evidence, that a dentist, dental hygienist, dental

assistant, dental laboratory technician, holder of a permit to

operate a dental laboratory, or an entity operating pursuant to the

provisions of the Professional Entity Act or the State Dental Act

has committed any of the acts or occurrences prohibited by the State

Dental Act or rules of the Board:

1. Refusal to issue a license or permit, or a renewal thereof,

provided for in the State Dental Act;

2. Suspension of a license or permit issued by the Board for a

period of time deemed appropriate by the Board;

3. Revocation of a license or permit issued by the Board;

4. Imposition of an administrative penalty not to exceed One

Thousand Five Hundred Dollars ($1,500.00) per violation;

5. Issuance of a censure;

6. Placement on probation for a period of time and under such

terms and conditions as deemed appropriate by the Board;

7. Probation monitoring fees, which shall be the responsibility

of the licensee on all probations; or

8. Restriction of the services that can be provided by a

dentist or dental hygienist, under such terms and conditions as

deemed appropriate by the Board.

B. A dentist, dental hygienist, dental assistant, dental

laboratory technician, or holder of a permit to operate a dental

laboratory, against whom a penalty is imposed by an order of the

Board pursuant to the provisions of this section, shall have the

right to seek a judicial review of such order pursuant to Article II

of the Administrative Procedures Act.

C. The Board may issue a summary suspension on a licensee or

permit holder who is found guilty of a felony charge and is

sentenced to incarceration in a state or federal facility.

D. 1. A licensee or permit holder may petition the Board to

reopen and withdraw an order after the expiration of seven (7) years

from the date of issue if:

a. the order does not include allegations or a finding of

direct patient harm,

b. the licensee has maintained an active full-time

practice in good standing and has not received an

additional order or private reprimand since the issue

of the order,

c. the licensee has not been the subject of any

settlement reports in the National Practitioner Data

Bank within the previous seven (7) years, and

d. the order concerns an administrative violation and

does not include a direct action against the licensee

including, but not limited to, probation or suspension

of the license.

2. Upon receipt of a motion to reopen and withdraw an order,

the president of the Board shall assign a panel for review and

investigation to be brought to the Board. The Board shall take into

consideration the issues causing the order; any changes to laws

relevant to the order since its issue that may have resulted in a

different outcome if such laws had been in place at the time of the

complaint; any actions by the licensee to better his or her

abilities as a practicing licensee; current patient outcomes;

service to his or her community or state; and any other issues,

testimony, or other information relating to the licensee found

during an investigation or submitted to the Board.

3. The panel and the president may make a determination that

the case is not appropriate to bring before the Board and shall have

the authority to summarily deny the order and, if appropriate, to

advise the licensee of requirements to complete for future

consideration. The panel may choose to keep the matter pending

while the licensee completes the requirements advised.

4. Upon a case brought before the Board, the Board shall vote

to withdraw or stay the order. If the order is withdrawn, it shall

e Board and shall have

the authority to summarily deny the order and, if appropriate, to

advise the licensee of requirements to complete for future

consideration. The panel may choose to keep the matter pending

while the licensee completes the requirements advised.

4. Upon a case brought before the Board, the Board shall vote

to withdraw or stay the order. If the order is withdrawn, it shall

revert to a private settlement agreement pursuant to Section 328.43a

of this title.