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Powers and Duties of Board

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The board shall perform such duties and possess and exercise such powers, relative to the protection of the public health and the control and regulation of the practice of dentistry as this chapter prescribes and confers upon it. The board shall also have the following powers and duties:

To adopt, amend, and repeal rules and regulations to carry out the performance of its duties as set forth in this chapter;
To examine all applicants for licenses to practice dentistry who are entitled under this chapter to be so examined and issue licenses to practice dentistry according to this chapter;
To make all necessary bylaws and rules for the governance of the board and the performance of its duties;
To have and use a common seal bearing the name "Georgia Board of Dentistry" by which the board shall authenticate the acts of the board;
To establish rules regarding licensure including, but not limited to, inactive status as the board deems appropriate;
To issue, deny, or reinstate the licenses or permits of duly qualified applicants for licensure or permits under this chapter;
To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional dental training, require dental community service, or otherwise sanction licensees, permit holders or others over whom the board has jurisdiction under this chapter;
To employ an executive director and such other staff as the board may deem necessary and appropriate to implement this chapter and provide support and who shall be subject to the same confidentiality requirements of the board;
To keep a docket of public proceedings, actions, and filings;
To set its office hours;
To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation;
To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases;
To initiate investigations for purposes of discovering violations of this chapter;
To administer oaths, subpoena witnesses and documentary evidence including dental records, and take testimony in all matters relating to its duties;
To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50;
To conduct investigative interviews;
To issue cease and desist orders to stop the unlicensed practice of dentistry or other professions licensed or permitted under this chapter and impose penalties for such violations;
To refer cases for criminal prosecution or injunctive relief to appropriate prosecuting attorneys or other law enforcement authorities of this state, another state, or the United States;
To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state;
To sue and be sued in a court of competent jurisdiction;
To enter into contracts; and
To accept donations, contributions, grants, or bequests of funds or property.

(Code 1933, § 84-704.1, enacted by Ga. L. 1976, p. 484, § 1; Ga. L. 1999, p. 234, § 4; Ga. L. 2013, p. 192, § 2-5/HB 132.)

OPINIONS OF THE ATTORNEY GENERAL

Board lacks authority to restrict scope of practice of a dentist through the board's rule-making power unless and until the General Assembly grants to the board this power through new legislation. 1976 Op. Att'y Gen. No. U76-54.

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