(a) The Board may commence legal action to enforce the provisions of this subchapter and may exercise full discretion and authority with respect to disciplinary actions.
(b) Administrative procedures as established by the Board must provide for investigation of charges by the Board; notice of charges to the accused; an opportunity for a fair and impartial hearing for the accused before the Board; an opportunity for representation of the accused by counsel; the presentation of testimony, evidence and argument; subpoena power and attendance of witnesses; a record of proceedings; and judicial review by the courts in accordance with the standards established by the jurisdiction for such review. The Board has subpoena authority to conduct comprehensive reviews of a dentist’s or a dental hygienist’s patient and office records and administrative authority to access otherwise protected peer review records.
(c) In its role as trier of fact, the Board shall use the preponderance of the evidence as its standard.
(d) The Board may summarily suspend a license prior to a formal hearing when it determines such action is required due to imminent threat to public health and safety. The Board may summarily suspend a license by means of a vote conducted by telephone conference call or other electronic means if a simple majority of the membership determines such prompt action is required. Proceedings for a formal hearing must be instituted simultaneously with the summary suspension.
(e) The Board may issue a cease and desist order and may obtain an injunction by a court of competent jurisdiction to restrain any person or any corporation or association and its officers and directors from violating this subchapter. Violation of an injunction is punishable in accordance with the determination of such court. No proof of actual damage to any person is required for issuance of a cease and desist order or an injunction, nor does issuance of an injunction relieve those enjoined from criminal prosecution for violation of this subchapter.
(f) Except as provided in section 77(b), all of the Board’s final disciplinary actions and license denials, including related findings of fact and conclusions of law, are matters of public record. The Board shall report all actions and denials promptly to any data repository required by law. Voluntary surrender of and voluntary limitations on the dental or dental hygienist license of any person are also be matters of public record and must also be reported to any data repository as required by law.