Section 123.1 - Reason for refusal, revocation or suspension of license or certificate(a)The board shall have authority, by majority action, to refuse, revoke or suspend the license of any dentist , dental hygienist or restricted faculty licensee or certificate of an expanded function dental assistant for any or all of the following reasons: (1) Failing to demonstrate the qualifications or standards for a license contained in this act or regulations of the board.(2) Making misleading, deceptive, untrue or fraudulent representations.(3) Practicing fraud or deceit in obtaining a license to practice dentistry or dental hygiene or restricted faculty license or certificate for expanded function dental assisting or making a false or deceptive biennial renewal with the board.(4) Having been found guilty of a crime or misdemeanor involving moral turpitude or having been found guilty of a felony in violation of the laws of this Commonwealth or any other state, territory or country. For purposes of this clause (4), the phrase "having been found guilty" shall include a finding or verdict of guilt, an admission of guilt or a plea of nolo contendere.(5) Having a license to practice dentistry or dental hygiene or restricted faculty license or certificate for expanded function dental assisting revoked, suspended or having other disciplinary action imposed or consented to by the proper licensing authority of another state, territory or country or his application for license refused, revoked or suspended by the proper licensing authority of another state, territory or country.(6) Violating any of the provisions of this act or of a lawful regulation promulgated by the board or violating a lawful order of the board previously entered by the board in a disciplinary proceeding.(7) Knowingly maintaining a professional connection or association with any person who is in violation of this act or regulations of the board or knowingly aiding, assisting, procuring or advising any unlicensed person to practice dentistry, including practice outside the scope of a restricted faculty license, or dental hygiene or uncertified person for expanded function dental assisting contrary to this act or regulations of the board.(8) Engaging in unprofessional conduct. For purposes of this clause (8), unprofessional conduct shall include any departure from, or failure to conform to, the standards of acceptable and prevailing dental or dental hygiene practice, practice under a restricted faculty license and standard of care for expanded function dental assistants in which proceeding actual injury to the patient need not be established.(9) Committing an act of gross negligence, malpractice or incompetence or repeated acts of negligence, malpractice or incompetence.(10) Engaging in false, misleading or deceptive advertising.(11) Being unable to practice dentistry or as a dental hygienist, as a restricted faculty licensee or as an expanded function dental assistant with reasonable skill and safety to patients by reason of illness, drunkenness, excessive use of controlled substances, chemicals or any other type of material, or as the result of any mental or physical condition. In enforcing this clause (11), the board shall, upon probable cause, have authority to compel a dentist, dental hygienist, restricted faculty licensee or expanded function dental assistant to submit to a mental or physical examination by physicians designated by the board. Failure of a dentist, dental hygienist, restricted faculty licensee or expanded function dental assistant to submit to such examination when directed by the board, unless such failure is due to circumstances beyond his control, shall constitute an admission of the allegations against him, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A dentist, dental hygienist, restricted faculty licensee or expanded function dental assistant affected under this clause (11) shall, at reasonable intervals, be afforded an opportunity to demonstrate that he or she can resume a competent practice of dentistry or dental hygiene or as a restricted faculty licensee or an expanded function dental assistant with reasonable skill and safety to patients.(b) When the board finds that the license or certificate of any person may be refused, revoked or suspended under the terms of this section, the board may: (1) Deny the application for license or certificate.(2) Administer a public reprimand.(3) Revoke, suspend, limit or otherwise restrict a license or certificate as determined by the board. Unless ordered to do so by a court, the board shall not reinstate the license of a person to practice dentistry, as a dental hygienist or as a restricted faculty licensee or certificate of an expanded function dental assistant, which has been revoked, and such person shall be required to apply for a license or certificate after a five-year period in accordance with section 3, if he or she desires to practice at any time after such revocation. Any person whose license or certificate has been suspended or revoked because of a felony conviction under the act of April 14, 1972 (P.L.233, No.64), known as "The Controlled Substance, Drug, Device and Cosmetic Act," or similar law of another jurisdiction, may apply for reinstatement after a period of at least ten (10) years has elapsed from the date of conviction. The board may reinstate the license or certificate if the board is satisfied that the person has made significant progress in personal rehabilitation since the conviction such that his reinstatement should not be expected to create a substantial risk of harm to the health and safety of his patients or the public or a substantial risk of further criminal violations and if the person meets all other licensing or certifying qualifications of this act, including the examination requirement.(4) Require a licensee or certified expanded function dental assistant to submit to the care, counseling or treatment of a physician or psychologist designated by the board.(5) Require that a licensee or certified expanded function dental assistant successfully complete a course of educational training and testing as directed by the board.(6) Restore or reissue, in its discretion, a license to practice dentistry or dental hygiene or a restricted faculty license or certificate for an expanded function dental assistant and impose any disciplinary or corrective measures which it might originally have imposed.(7) Suspend enforcement of its findings thereof and place a licensee or certified expanded function dental assistant on probation with the right to vacate the probationary order for noncompliance.(8) Order any person found to have violated any provision of this act or the regulations governing the practice of dentistry to restore to any patient aggrieved by an unlawful act or practice, any moneys or property, real or personal, acquired by means of such act or practice, provided the board shall not order restitution in a dollar amount greater than those moneys received by the licensee or his agent.(c) All actions of the board shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).(d) The board shall temporarily suspend a license or certificate under circumstances as determined by the board to be an immediate and clear danger to the public health or safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee or certified expanded function dental assistant concerned at his last known address, which shall include a written statement of all allegations against the licensee or certified expanded function dental assistant. The provisions of subsection (c) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license or certificate of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within thirty days following the issuance of an order temporarily suspending a license or certificate, the board shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The person whose license or certificate has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license or certificate shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than one hundred eighty days.(e) The board shall require a person whose license or certificate has been suspended or revoked to return the license or certificate in such manner as the board directs. Failure to do so shall be a misdemeanor of the third degree.Amended by P.L. 828 2014 No. 89, § 3, eff. 8/31/2014.1933, May 1, P.L. 216, No. 76, § 4.1, added 1985, Dec. 20, P.L. 513, No. 118, § 5, effective Jan. 1, 1986. Amended 1994, Dec. 27, P.L. 1361, No. 160, § 2, imd. effective.