58-69-502 - Unprofessional conduct.
58-69-502. Unprofessional conduct.
(1) "Unprofessional conduct" includes, in addition to the definition in Section 58-1-501:
(a) sharing professional fees with an unlicensed person or paying any person for sendingor referring a patient;
(b) making an unsubstantiated claim of superiority in training or skill as a dentist ordental hygienist or in the performance of professional services;
(c) refusing authorized agents of the division or state or local health authorities access tothe facilities related to the practice of dentistry or dental hygiene during normal business hoursfor the purpose of inspection; and
(d) failing to maintain facilities, instruments, equipment, supplies, appliances, or otherproperty or conditions related to the practice of dentistry in a sanitary condition consistent withthe standards and ethics of the professions of dentistry or dental hygiene.
(2) For purposes of Subsection (1)(b), an unsubstantiated claim of superiority:
(a) includes for the practice of dentistry:
(i) advertising or otherwise holding oneself out to the public as practicing a dentalspecialty in which the dentist has not successfully completed the education specified for thedental specialty as defined by the American Dental Association; and
(ii) using the following words in advertising "Endodontist," "Orthodontist," "Oral andMaxillofacial Surgeon," "Specialist," "Board Certified," "Diplomat," "Practice Limited to,""Pediatric Dentist," "Periodontist," or "Limited to Specialty of" when the dentist has notsuccessfully completed the education specified for the dental specialty as defined by theAmerican Dental Association; and
(b) does not include a dentist who advertises as being qualified in a recognized specialtyarea of dental practice so long as each such advertisement, regardless of form, contains aprominent disclaimer that the dentist is licensed as a general dentist or that the specialty serviceswill be provided by a general dentist.
Amended by Chapter 158, 2006 General Session