(1) (a) If, after notice and hearing conducted in accordance with article 4 of title 24 and section 12-20-403, the board determines that an applicant or licensee has engaged in an act specified in section 12-220-201, the board may: (I) Issue a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4); (II) Reprimand, censure, or, in accordance with section 12-20-404 (1)(b), place on probation any licensed dentist, dental therapist, or dental hygienist; (III) Impose an administrative fine in accordance with section 12-20-404 (1)(c) and subsection (5) of this section; or (IV) In accordance with section 12-20-404 (1)(d), deny the issuance of, refuse to renew, suspend, or revoke any license provided for in this article 220. (b) Hearings under this section must be conducted by the board or by an administrative law judge pursuant to section 12-20-403. (2) The board shall send a confidential letter of concern to a licensee under the circumstances specified in section 12-20-404 (5). The board shall send the person making the complaint a notice that the board has issued a letter of concern to the licensee. (3) The board may include, in any disciplinary order that allows a dentist, dental therapist, or dental hygienist to continue to practice, conditions the board deems appropriate to assure that the dentist, dental therapist, or dental hygienist is physically, mentally, and otherwise qualified to practice dentistry, dental therapy, or dental hygiene in accordance with generally accepted professional standards of practice. The order may include any or all of the following: (a) A condition that the licensee submit to examinations to determine the licensee's physical or mental condition or professional qualifications; (b) A condition that the licensee take therapy, courses of training, or education as needed to correct deficiencies found by the board or by examinations required pursuant to subsection (3)(a) of this section; (c) Review or supervision of the licensee's practice as necessary to determine the quality of the practice and to correct any deficiencies; (d) The imposition of restrictions on the licensee's practice to assure that the practice does not exceed the limits of the licensee's capabilities. (4) The board may suspend the license of a dentist, dental therapist, or dental hygienist who fails to comply with an order of the board issued in accordance with this section. The board may impose the license suspension until the licensee complies with the board's order. (5) (a) In addition to any other penalty permitted under this article 220, when a licensed dentist, dental therapist, or dental hygienist violates a provision of this article 220 or of any rule promulgated pursuant to this article 220, the board may impose a fine on the licensee. If the licensee is a dentist, the fine must not exceed five thousand dollars. If the licensee is a dental therapist, the fine must not exceed four thousand dollars. If the licensee is a dental hygienist, the fine must not exceed three thousand dollars. (b) The board shall adopt rules establishing a uniform system and schedule of fines that set forth fine tiers based on the severity of the violation, the type of violation, and whether the licensee repeatedly violates this article 220, board rules, or board orders. (6) If the board finds the charges proven and orders that discipline be imposed, the board may also order the licensee to take courses of training or education the board deems necessary to correct deficiencies found as a result of the hearing.
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