or discipline by probation or reprimand. A. The following acts or occurrences by a dental hygienist shall constitute grounds for which the penalties specified in Section 328.44a of this title may be imposed by order of the Board of Dentistry or be the basis for denying a new applicant any license or permit issued by the Board: 1. Any of the causes now existing in the laws of this state; 2. A violation of the provisions of the State Dental Act; or 3. A violation of the rules of the Board promulgated pursuant to the State Dental Act. B. The Board shall also have the power to act upon a petition by a dental hygienist for reinstatement to good standing. The Board shall keep a record of the evidence and proceedings in all matters involving the revocation or suspension of a license or reprimand or probation of a dental hygienist. The Board shall make findings of fact and a decision thereon. The Board shall immediately forward a certified copy of the decision to the dental hygienist involved by registered mail to the last-known business address of the dental hygienist. C. 1. The decision shall be final unless the dental hygienist appeals the decision as provided by the State Dental Act. 2. If an appeal is not timely taken, the decision shall be carried out by striking the name of the dental hygienist from the rolls, or suspending the dental hygienist for the period mentioned in issuing a reprimand, or otherwise acting as required by the decision. D. The Board shall have power to revoke or suspend the license, reprimand, or place on probation a dental hygienist for a violation of one or more of the following: 1. Pleading guilty or nolo contendere to, or being convicted of, a felony, a misdemeanor involving moral turpitude or a violation of federal or state controlled dangerous substances laws; 2. Presenting to the Board a false diploma, license or certificate or one obtained by fraud or illegal means; 3. Being, by reason of persistent inebriety or addiction to drugs, incompetent to continue the practice of dental hygiene; 4. Has been guilty of dishonorable or unprofessional conduct; 5. Failure to pay registration fees as provided by the State Dental Act; 6. Is a menace to the public health by reason of communicable disease; 7. Being shown to be mentally incapacitated or has been admitted to a mental institution, either public or private, and until the dental hygienist has been proven to be mentally competent; 8. Being shown to be grossly immoral; 9. Being incompetent in the practice of dental hygiene; 10. Committing willful negligence in the practice of dental hygiene; 11. Being involuntarily committed for treatment for drug addiction to a facility, either public or private, and until the dental hygienist has been proven cured; 12. Practicing or attempting to practice dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title; 13. Claiming the use of any secret or patented methods or treatments with materials not approved by the Food and Drug Administration; 14. Making statements or advertising as having the ability to diagnose or prescribe for any treatment; 15. Performing any services in the mouth other than those authorized by the Board of Dentistry pursuant to authority conferred by the State Dental Act; 16. Attempting to conduct a practice of dental hygiene in any place or in any manner other than as authorized by Section 328.34 of this title; 17. Attempting to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same or information gathered therefrom, or the names of patients whom he or she has formerly treated when serving as an employee in the office of a dentist for whom he or she was formerly employed; 18. Failing to keep prominently displayed in the office of the dentist for whom he or she is employed his or her current valid license renewal certificate; 19. Using or attempting to use in any manner whatsoever any oral prophylaxis list, call list, records, reprints or copies of same, or information gathered therefrom, of the names of patients whom such dental hygienist might have served in the office of a prior employer, unless such names appear upon the bona fide call or oral prophylaxis list of the present employer of the dental hygienist and were caused to so appear through the legitimate practice of dentistry, as provided for in the State Dental Act; 20. Violating the state dental act of another state resulting in a plea of guilty or nolo contendere, conviction, or suspension or revocation of the license of the dental hygienist under the laws of that state; 21. Violating or attempting to violate the provisions of the State Dental Act or the rules of the Board, as a principal, accessory or accomplice; 22. Failing to comply with the terms and conditions of an order imposing suspension of a license or placement on probation issued pursuant to Section 328.44a of this title; or 23. Any violation that would otherwise be a violation for a dentist under Section 328.32 of this title. E. A dental hygienist may advertise that he or she is practicing in the office of the supervising dentist in which he or she is employed.
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