(a) The Board may refuse to license, otherwise restrict a license, or suspend or revoke a license that has been issued by the Board and may fine, censure or reprimand a licensee upon satisfactory proof that the applicant for or holder of the license is guilty of unprofessional or dishonorable conduct.
(b) The Board may in its discretion and for good cause shown, for protection of the public, for the purpose of rehabilitation of the licensee or both, place the licensee on probation on such terms and conditions as it determines. Upon expiration of the term of probation, further proceedings may be abated by the Board if the holder of the license furnishes the Board with evidence that the licensee is competent to practice, is of good moral character and has complied with the terms of probation.
(c) If evidence fails to establish to the satisfaction of the Board that the licensee is competent and is of good moral character or if evidence shows that the licensee has failed to comply with the terms of probation, the Board may suspend or revoke the license. If a license to practice in this Territory is suspended, the holder of the license may not practice during the term of suspension. A person whose license has been suspended or revoked by the Board and who thereafter practices or attempts or offers to practice in the Territory, unless the period of suspension has expired or been modified by the Board or the license reinstated, is guilty of a felony.
(d) “Unprofessional or dishonorable conduct,” as used in this section, means, conducts of a licensee which includes the following:
(1) Fraud or misrepresentation in applying for or procuring a dental or dental hygiene license or in connection with applying for or procuring periodic renewal of a dental license;
(2) Cheating on or attempting to subvert any licensing examination;
(3) The conviction of a felony by any court of competent jurisdiction, whether or not related to the practice of dentistry, or dental hygiene, or the entry of a guilty or nolo contendere plea to a felony charge before a court of competent jurisdiction;
(4) Conduct likely to deceive, defraud or harm the public;
(5) Disruptive behavior, or interaction with patients, family members or others which interferes with patient care or could reasonably be expected to adversely impact the quality of care rendered to a patient;
(6) Willfully or negligently violating the confidentiality of patients except as required by law;
(7) Negligence in the practice of dentistry or dental hygiene as determined by the Board;
(8) Being found mentally incompetent by any court of competent jurisdiction;
(9) Being found by the Board to be physically or mentally unable to engage safely in the practice of dentistry or dental hygiene;
(10) Being found by the Board to have practiced or to have engaged in other behavior that demonstrates an incapacity or incompetence to practice dentistry or dental hygiene;
(11) Being found to have used any false, fraudulent or deceptive statement in any document connected with the practice of dentistry or dental hygiene;
(12) Being found by the Board to have practiced dentistry or dental hygiene under a false or assumed name;
(13) Being found by the Board to have aided or abetted the practice of dentistry or dental hygiene by an unlicensed, incompetent or impaired person;
(14) Being found by the Board to have allowed another person or organization to use the licensee’s license to practice dentistry or dental hygiene;
(15) Being found by the Board to have committed any act of sexual misconduct, including sexual contact with a patient or third party that exploits the patient relationship in a sexual way;
(16) Conviction of violating any Territorial or federal law or regulations relating to controlled substances;
(17) Obtaining any fee by fraud, deceit or misrepresentation;
(18) Employing abusive billing practices;
(19) Violating the American Dental Association’s Principles of Ethics and Code of Professional Conduct;
(20) Directly or indirectly giving or receiving any fee, commission, rebate or other compensation for professional services not actually and personally rendered, though this prohibition does not preclude the legal functioning of lawful professional partnerships, corporations or associations;
(21) Disciplinary action of another territory, state or other jurisdiction against a license or other authorization to practice dentistry or dental hygiene based upon acts or conduct by the licensee similar to acts or conduct that would constitute grounds for action as defined in this section, a certified copy of the record of the action taken by the other territory, state or other jurisdiction being conclusive evidence thereof;
(22) Failure to report to the Board any adverse action taken against the licensee by another licensing jurisdiction, United States or foreign, by any peer review body, by any health care institution, by any professional or dental society or association, by any governmental agency, by any law enforcement agency or by any court for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;
(23) Failure to report to the Board the surrender of a license or other authorization to practice dentistry or dental hygiene in another state or jurisdiction, or while under disciplinary investigation by any of those authorities or bodies for acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;
(24) Failure to report to the Board any adverse judgment, award or settlement against the licensee resulting from a dental liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for action as defined in this section;
(25) Reserved.
(26) Failure to provide pertinent and necessary dental records to another dentist or patient in a timely fashion when requested to do so by the subject patient or by a legally designated representative of the subject patient;
(27) Improper management of dental records, including failure to maintain timely, legible, accurate, and complete dental records;
(28) Failure to furnish the Board, its investigators or representatives, information legally requested by the Board;
(29) Failure to cooperate with a lawful investigation conducted by the Board;
(30) Violation of any provision of this subchapter or regulations of the Board or of an action, stipulation or agreement of the Board;
(31) Engaging in conduct calculated to or having the effect of bringing the dental profession into disrepute, including violation of any provision of a national code of ethics acknowledged by the Board;
(32) Failure to follow generally accepted infection control procedures;
(33) Failure to comply with any state or Territorial statute or Board regulation regarding a licensee’s reporting responsibility for HIV, HVB hepatitis B virus, or HVC hepatitis C virus sero-positive status;
(34) Practicing dentistry or dental hygiene in another state, territory or jurisdiction without appropriate licensure; or
(35) Conduct that violates patient trust and exploits the dental-patient relationship for personal gain.