ARC 8513C

ARC 8513C

Proposing rulemaking related to dental board discipline
and providing an opportunity for public comment

This rulemaking implements Iowa Code chapters 147, 153, 252J and 272C by providing protection to Iowans because it publicly defines required professional standards for those licensed under the Dental Board. This is important to both the public and the licensee because it creates a shared understanding of what is and is not appropriate for certain types of licensed individuals in the state of Iowa. When professional standards are not met, the rulemaking can subject a licensee to discipline against the licensee’s license. Iowans have the ability to submit a complaint to the licensing board, which can then investigate the allegation. The Board has the ability to seek discipline against the licensee for those items outlined, ensuring that the public is protected.

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 2, 2024. Public hearings were held on the following date(s):

●October 22, 2024

There were no public comments received with regard to this chapter and no changes were made as a result.

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

ITEM 1.Adopt the following new481—Chapter 581:

CHAPTER 581

DENTAL BOARD DISCIPLINE

481—581.1(147,153,272C) Authority and methods of discipline.

581.1(1) The board has the authority to impose discipline pursuant to Iowa Code title IV, Iowa Code chapter 272C, Iowa Code sections 147.55 and 153.34, and the rules promulgated thereunder.

581.1(2) The board may impose one or more methods of disciplinary action in accordance with Iowa Code sections 153.34 and 272C.3(2).

481—581.2(153,272C) Discretion of the board. The board may consider the following factors in determining the nature and severity of the disciplinary action to be imposed in accordance with Iowa Code section 272C.15:

1.The relative seriousness of the violation as it relates to ensuring the citizens of this state a high standard of professional care.

2.The facts of the particular violation.

3.Any extenuating circumstances or other countervailing considerations.

4.Number of prior violations or complaints.

5.Seriousness of prior violations or complaints.

6.Whether remedial action has been taken.

7.Such other factors as may reflect upon the competency, ethical standards and professional conduct of the licensee or registrant.

481—581.3(147,153,272C) Grounds for discipline. Violations of the provisions of Iowa Code chapter 272C and sections 147.55, 153.32, 153.34 and 272C.15 and other applicable sections of Iowa law shall constitute grounds for the imposition by the board of disciplinary action pursuant to rule 481—581.1(147,153,272C). This rule is not subject to waiver pursuant to 481—Chapter 6 or any other provision of law.

581.3(1) The following violations related to notification, compliance and other state laws constitute grounds for disciplinary action:

a.Failure to comply with the requirements of 481—Chapter 584, except as otherwise provided by law;

b.Failure to preserve the confidentiality of patient information or accessing any confidential patient information without authorization;

c.Practice of dentistry, dental hygiene or dental assisting beyond training;

d.Delegation of any acts to any licensee or registrant that are beyond the training or education of the licensee or registrant, or that are otherwise prohibited by rule;

e.Failure to comply with requirements related to prescribing, administering or dispensing any drug pursuant to Iowa Code chapter 124, the provisions of Iowa Code chapter 155A that are applicable to the practice of dentistry, and 481—Chapter 578;

f.Improper sexual contact with, or making suggestive, lewd, lascivious or improper remarks or advances to, a patient or a coworker;

g.Actions that are abusive, coercive, intimidating, harassing, untruthful or threatening in the practice of dentistry; or

h.Failure to comply with an order of the board.

581.3(2) The following violations related to infection control constitute grounds for disciplinary action:

a.Failure to maintain adequate safety and sanitary conditions for a dental office; or

b.Failure to comply with standard precautions for preventing and controlling infectious diseases and managing personnel health and safety concerns related to infection control, as required or recommended for dentistry by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the Iowa occupational safety and health administration.

581.3(3) Violations related to continuing education constitute grounds for disciplinary action:

a.Failure to respond to the board during a continuing education audit, or failure to submit verification of continuing education requirements within the time period provided;

b.Knowingly submitting a false report of continuing education; or

c.Failure to meet the required continuing education hours per renewal period.

581.3(4) Violations related to board investigations constitute grounds for disciplinary action:

a.Interference with, or knowingly providing false information to the board or an agent of the board related to, an inspection or investigation;

b.Failure to comply with a subpoena issued by the board;

c.Failure to fully and promptly comply with office inspections conducted at the request of the board to determine compliance with sanitation and infection control standards or sedation permit requirements;

d.Failure to cooperate with a board investigation; or

e.Retaliating against, threatening or coercing any person for filing a complaint with the board or cooperating with a board inspection or investigation.

581.3(5) The following violations may constitute grounds for disciplinary action:

a.Failure to notify the board of change of name or address within 60 days;

b.Failure to prominently display the names of all persons who are practicing dentistry, dental hygiene or dental assisting within an office; or

c.Giving or receiving cash or cash equivalents, or giving or receiving any gifts exceeding nominal value, for referral of patients.

481—581.4(272C) Prohibited grounds for discipline. The board shall not suspend or revoke the license of a person who is in default or is delinquent on repayment or a service obligation under federal or state postsecondary educational loans or public or private services-conditional postsecondary tuition assistance solely on the basis of such default or delinquency.

These rules are intended to implement Iowa Code chapters 147, 153, 252J, 272C and 598.