Section 828 IAC 1-1-15 - Professional conduct, competency; physical or mental examinationAuthority: IC 25-14-1-13
Affected: IC 25-1-9-9
Sec. 15.
(a) Dental incompetence or improper conduct of a dentist includes, but is not limited to, any one (1) or any combination of the following acts: (1) Practicing while under the influence of alcohol or other drugs that impair skill or judgment.(2) Practicing with a physical disability, mental disability, disease, or disorder that impairs skill or judgment for the dental procedure being performed.(3) Practicing while knowingly afflicted with a serious disease that could be transmitted to the patient.(4) Operating an office or treatment facility that is lacking the necessary equipment and generally prevailing standards of sanitary or sterilization procedures.(5) Providing drugs or access to drugs to someone for use other than in the proper course of dental diagnosis or treatment.(6) Performing a treatment or procedure that violates acceptable standards of practice and results in failure or is detrimental to the patient.(7) Engaging in conduct constituting gross negligence or repeatedly failing to meet minimum standards of performance in diagnosis or treatment as measured against generally prevailing professional standards.(8) Practicing or offering to practice beyond the scope permitted by law.(9) Permitting or delegating the performance of a procedure to one not qualified by education, training, or licensure to undertake the procedure.(10) Failing to inspect:(A) dental services during the course of their performance;(B) completed and delivered dental prosthetic appliances; or(C) completed dental restorations.(11) Failing to be present in the dental facility to properly supervise treatment of patients, provided that the supervision has not been delegated to another dentist.(12) Failing to keep adequate dental records.(13) Failing to submit a complete report to the board as required by section 22 of this rule.(14) Performing professional services that have not been duly authorized by the patient or the patient's legal guardian.(15) Providing treatment for a patient if the dentist is not prepared to handle any emergencies resulting from the treatment or failing to refer the patient to a practitioner willing to perform the emergency treatment.(16) Failing to maintain records of an examination, diagnosis, or treatment performed. Such information must be entered in the patient's records within ten (10) days after the examination, diagnosis, or treatment is performed.(17) Signing an incomplete prescription form.(18) Entering a contract with a third party in which the dentist may not inform the patient about the diagnosis and the treatments possible.(19) Failing to provide the required direct or prescriptive supervision of a dental hygienist or dental assistant.(20) Failing to maintain documentation of the examination and prescribed dental care for patient care provided by a licensed dental hygienist under the dentist's prescriptive supervision.(21) Permitting a dental assistant to perform coronal polishing or apply medicaments for the control or prevention of dental caries without first verifying that the dental assistant has completed the requirement in 828 IAC 6.(b) Any dentist holding a general anesthesia-deep sedation or light parenteral conscious sedation permit who: (1) fails to comply with 828 IAC 3; or(2) lacks the ability, skill, or knowledge to competently use general anesthesia, deep sedation, or light parenteral conscious sedation; is subject to disciplinary action under IC 25-1-9-9.
(c) Any dentist who utilizes general anesthesia-deep sedation or light parenteral conscious sedation without a permit is subject to disciplinary action by the board under IC 25-1-9-9. The fact that the patient was not injured by the use of general anesthesia, deep sedation, or light parenteral conscious sedation is not a defense to this subsection.(d) The board may order a licensed dentist to submit to a reasonable physical or mental examination if his or her physical or mental capacity to practice safely is at issue in a disciplinary proceeding. The choice of the practitioner is subject to approval by the board.(e) Dentists shall:(1) exercise reasonable care and diligence in the conduct of research; and(2) utilize generally accepted scientific principles and current professional theory and practice. New or experimental procedures, techniques, and theories shall be utilized only with proper research safeguards, informed consent, and peer review of the procedures or techniques.
State Board of Dentistry; 828 IAC 1-1-15; filed Apr 25, 1983, 8:52 a.m.: 6 IR 1085; errata, 7 IR 700; filed Oct 16, 1985, 3:57 p.m.: 9 IR 521; filed Aug 29, 1986, 2:30 p.m.: 10 IR 20; filed Dec 2, 1987, 9:34 a.m.: 11 IR 1286; filed Jun 8, 1992, 5:00 p.m.: 15 IR 2236; filed Oct 12, 1993, 5:00 p.m.: 17 IR 400; filed Oct 14, 1993, 5:00 p.m.: 17 IR 402; readopted filed Apr 11, 2001, 3:21 p.m.: 24 IR 2896; readopted filed Oct 4, 2007, 3:36 p.m.: 20071031-IR-828070047RFA; filed Dec 3, 2010, 11:14 a.m.: 20101229-IR-828100237FRAReadopted filed 12/1/2017, 1:52 p.m.: 20171227-IR-828170401RFAReadopted filed 11/25/2019, 12:11 p.m.: 20191225-IR-828190173RFA