{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-328.49v2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-328.49v2","heading":"Unlawful practices - Criminal and civil actions","body":"A. The Board of Dentistry shall be responsible for the\n\nenforcement of the provisions of the State Dental Act against all\n\npersons who are in violation thereof, including, but not limited to,\n\nindividuals who practice or attempt to practice dentistry or dental\n\nhygiene without proper authorization from the Board.\n\nB. 1. It shall be unlawful for any person, except a licensed\n\ndentist, to:\n\na. practice or attempt to practice dentistry,\n\nb. hold oneself out to the public as a dentist or as a\n\nperson who practices dentistry, or\n\nc. employ or use the words \"Doctor\" or \"Dentist\", or the\n\nletters \"D.D.S.\" or \"D.M.D.\", or any modification or\n\nderivative thereof, when such use is intended to give\n\nthe impression that the person is a dentist.\n\n2. It shall be unlawful for any person, except a registered\n\ndental hygienist, to:\n\na. practice or attempt to practice dental hygiene,\n\nb. hold oneself out to the public as a dental hygienist\n\nor as a person who practices dental hygiene, or\n\nc. employ or use the words \"Registered Dental Hygienist\",\n\nor the letters \"R.D.H.\", or any modification or\n\nderivative thereof, when such use is intended to give\n\nthe impression that the person is a dental hygienist.\n\n3. It shall be unlawful for any person to:\n\na. give false or fraudulent evidence or information to\n\nthe Board in an attempt to obtain any license or\n\npermit from the Board, or\n\nb. aid or abet another person in violation of the State\n\nDental Act.\n\n4. Each day a person is in violation of any provision of this\n\nsubsection shall constitute a separate criminal offense and, in\n\naddition, the district attorney may file a separate charge of\n\nmedical battery for each person who is injured as a result of\n\ntreatment performed in violation of this subsection.\n\nC. 1. If a person violates any of the provisions of subsection\n\nB of this section, the Board shall refer the alleged violation to\n\nthe district attorney of the county in which the violation is\n\nalleged to have occurred to bring a criminal action in that county\n\nagainst the person. At the request of the Board, district attorney\n\nor Attorney General, attorneys employed or contracted by the Board\n\nmay assist the district attorney or Attorney General in prosecuting\n\ncharges under the State Dental Act or any violation of law relating\n\nto or arising from an investigation conducted by the Board of\n\nDentistry upon approval of the Board or the Executive Director.\n\n2. Any person who violates any of the provisions of paragraph 1\n\nor 3 of subsection B of this section, upon conviction, shall be\n\nguilty of a Class D1 felony offense punishable by a fine in an\n\namount not less than One Thousand Dollars ($1,000.00) nor more than\n\nTen Thousand Dollars ($10,000.00), or by imprisonment as provided\n\nfor in subsections B through F of Section 20N of Title 21 of the\n\nOklahoma Statutes, or by both such fine and imprisonment.\n\nAny person who violates any of the provisions of paragraph 2 of\n\nsubsection B of this section, upon conviction, shall be guilty of a\n\nmisdemeanor punishable by a fine in an amount not less than Five\n\nHundred Dollars ($500.00) nor more than Two Thousand Five Hundred\n\nDollars ($2,500.00), or by imprisonment in the county jail for a\n\nterm of not more than ninety (90) days, or by both such fine and\n\nimprisonment. Any second or subsequent violation of paragraph 2 of\n\nsubsection B of this section, upon conviction, shall be a Class D3\n\nfelony offense punishable by a fine in an amount not less than One\n\nThousand Five Hundred Dollars ($1,500.00) nor more than Five\n\nThousand Dollars ($5,000.00), or by imprisonment as provided for in\n\nsubsections B through F of Section 20P of Title 21 of the Oklahoma\n\nStatutes, or by both such fine and imprisonment.\n\nD. The Board may initiate a civil action, pursuant to Chapter\n\n24 of Title 12 of the Oklahoma Statutes, seeking a temporary\n) nor more than Five\n\nThousand Dollars ($5,000.00), or by imprisonment as provided for in\n\nsubsections B through F of Section 20P of Title 21 of the Oklahoma\n\nStatutes, or by both such fine and imprisonment.\n\nD. The Board may initiate a civil action, pursuant to Chapter\n\n24 of Title 12 of the Oklahoma Statutes, seeking a temporary\n\nrestraining order or injunction, without bond, commanding a person\n\nto refrain from engaging in conduct which constitutes a violation of\n\nany of the provisions of subsection B of this section. In a civil\n\naction filed pursuant to this subsection, the prevailing party shall\n\nbe entitled to recover costs and reasonable attorney fees.\n\nE. In addition to any other penalties provided herein, any\n\nperson found guilty of contempt of court by reason of the violation\n\nof any injunction prohibiting the unlicensed practice of dentistry\n\nnow in effect or hereafter entered pursuant to any provision of the\n\nState Dental Act or any preceding state dental act, shall be\n\npunished by imprisonment in the county jail for a term of not less\n\nthan thirty (30) days nor more than one (1) year, and by a fine of\n\nnot less than Five Hundred Dollars ($500.00) nor more than One\n\nThousand Dollars ($1,000.00). The court may also require the\n\ndefendant to furnish a good and sufficient bond in a penal sum to be\n\nset by the court, not less than One Thousand Dollars ($1,000.00),\n\nwhich shall be conditioned upon future compliance in all particulars\n\nwith the injunction entered, and in the event of failure of the\n\ndefendant to furnish such bond when so ordered, the defendant shall\n\nbe confined in the county jail pending compliance therewith. Such\n\nbond shall be mandatory as to any person hereafter found guilty of a\n\nsecond contempt of court for violation of any injunction entered\n\npursuant to the State Dental Act, or any preceding state dental act.","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":"7fd9ed7eafb7ef1e2cde1b9760acd4126c241cee2cc6aec6dc57eaa298b40e43","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-328.49v1","next":"us-ok/okla.-stat.-tit.-59-59-328.51a"},"notice":"GroundRules: Original legal text. Not legal advice."}