{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-328.44a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-328.44a","heading":"Penalties - Judicial review","body":"A. The Board of Dentistry is authorized, after notice and\n\nopportunity for a hearing pursuant to Article II of the\n\nAdministrative Procedures Act, to issue an order imposing one or\n\nmore of the following penalties whenever the Board finds, by clear\n\nand convincing evidence, that a dentist, dental hygienist, dental\n\nassistant, dental laboratory technician, holder of a permit to\n\noperate a dental laboratory, or an entity operating pursuant to the\n\nprovisions of the Professional Entity Act or the State Dental Act\n\nhas committed any of the acts or occurrences prohibited by the State\n\nDental Act or rules of the Board:\n\n1. Refusal to issue a license or permit, or a renewal thereof,\n\nprovided for in the State Dental Act;\n\n2. Suspension of a license or permit issued by the Board for a\n\nperiod of time deemed appropriate by the Board;\n\n3. Revocation of a license or permit issued by the Board;\n\n4. Imposition of an administrative penalty not to exceed One\n\nThousand Five Hundred Dollars ($1,500.00) per violation;\n\n5. Issuance of a censure;\n\n6. Placement on probation for a period of time and under such\n\nterms and conditions as deemed appropriate by the Board;\n\n7. Probation monitoring fees, which shall be the responsibility\n\nof the licensee on all probations; or\n\n8. Restriction of the services that can be provided by a\n\ndentist or dental hygienist, under such terms and conditions as\n\ndeemed appropriate by the Board.\n\nB. A dentist, dental hygienist, dental assistant, dental\n\nlaboratory technician, or holder of a permit to operate a dental\n\nlaboratory, against whom a penalty is imposed by an order of the\n\nBoard pursuant to the provisions of this section, shall have the\n\nright to seek a judicial review of such order pursuant to Article II\n\nof the Administrative Procedures Act.\n\nC. The Board may issue a summary suspension on a licensee or\n\npermit holder who is found guilty of a felony charge and is\n\nsentenced to incarceration in a state or federal facility.\n\nD. 1. A licensee or permit holder may petition the Board to\n\nreopen and withdraw an order after the expiration of seven (7) years\n\nfrom the date of issue if:\n\na. the order does not include allegations or a finding of\n\ndirect patient harm,\n\nb. the licensee has maintained an active full-time\n\npractice in good standing and has not received an\n\nadditional order or private reprimand since the issue\n\nof the order,\n\nc. the licensee has not been the subject of any\n\nsettlement reports in the National Practitioner Data\n\nBank within the previous seven (7) years, and\n\nd. the order concerns an administrative violation and\n\ndoes not include a direct action against the licensee\n\nincluding, but not limited to, probation or suspension\n\nof the license.\n\n2. Upon receipt of a motion to reopen and withdraw an order,\n\nthe president of the Board shall assign a panel for review and\n\ninvestigation to be brought to the Board. The Board shall take into\n\nconsideration the issues causing the order; any changes to laws\n\nrelevant to the order since its issue that may have resulted in a\n\ndifferent outcome if such laws had been in place at the time of the\n\ncomplaint; any actions by the licensee to better his or her\n\nabilities as a practicing licensee; current patient outcomes;\n\nservice to his or her community or state; and any other issues,\n\ntestimony, or other information relating to the licensee found\n\nduring an investigation or submitted to the Board.\n\n3. The panel and the president may make a determination that\n\nthe case is not appropriate to bring before the Board and shall have\n\nthe authority to summarily deny the order and, if appropriate, to\n\nadvise the licensee of requirements to complete for future\n\nconsideration. The panel may choose to keep the matter pending\n\nwhile the licensee completes the requirements advised.\n\n4. Upon a case brought before the Board, the Board shall vote\n\nto withdraw or stay the order. If the order is withdrawn, it shall\ne Board and shall have\n\nthe authority to summarily deny the order and, if appropriate, to\n\nadvise the licensee of requirements to complete for future\n\nconsideration. The panel may choose to keep the matter pending\n\nwhile the licensee completes the requirements advised.\n\n4. Upon a case brought before the Board, the Board shall vote\n\nto withdraw or stay the order. If the order is withdrawn, it shall\n\nrevert to a private settlement agreement pursuant to Section 328.43a\n\nof this title.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2b155e5a7ac7bdda4c8cb1093a8896557994658f0cd47d6c59437fc71232966e","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-328.43b","next":"us-ok/okla.-stat.-tit.-59-59-328.44b"},"notice":"GroundRules: Original legal text. Not legal advice."}