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Rs 37:788 Violations

§788. Violations

A. No person shall practice dentistry or dental hygiene or attempt or offer to practice

within the state without first having been authorized and issued a license by the board; nor

shall any person practice dentistry or dental hygiene or attempt or offer to practice within the

state during any period of suspension of his license by the board or after revocation by the

board of any license theretofore issued to the offending person.

B.(1) The board may issue a subpoena to any person or persons who the board has

probable cause to believe has engaged in the practice of dentistry or dental hygiene without

a currently valid license or permit.

(2) Subpoenas issued by the board shall comply with the notice requirements of R.S.

49:955 and R.S. 37:781. These subpoenas shall be served upon the unlicensed individual

personally or by any type of mailing requiring a return receipt and shall include a statement

of the manner in which the unlicensed person shall be required to respond to the board.

(3) Whoever violates the provisions of this Section may also be prosecuted

criminally by the district attorney and, if convicted, shall be imprisoned with or without hard

labor for not more than five years or fined not more than five thousand dollars, or both. Each

unauthorized act shall constitute a separate offense.

(4) The fact that any unlicensed person engages in or performs or offers to engage

in or perform any of the practices, acts, or operations set forth in R.S. 37:751(A)(5) is prima

facie evidence that such person is engaged in the illegal practice of dentistry or dental

hygiene.

(5) No person practicing dentistry or dental hygiene without a currently valid license

or temporary permit shall have the right to receive any compensation for services so

rendered. In addition to any other penalties imposed under R.S. 37:789, any person who

practices dentistry or dental hygiene without a license shall return any fees collected for

practicing dentistry or dental hygiene and shall be liable for any damages resulting from

negligence.

(6) All rights and privileges afforded by the Administrative Procedure Act are

specifically reserved to any party aggrieved by any decision of the board.

C. If the board has reasonable cause to believe that an expanded duty dental assistant

has violated any of the provisions of this Chapter, the board may suspend, rescind, or revoke

the confirmation of the certification of the expanded duty dental assistant after a hearing is

conducted.

D. Repealed by Acts 2001, No. 712, §2.

Acts 1988, No. 795, §1; Acts 1995, No. 920, §1; Acts 1999, No. 1358, §1; Acts 2001,

No. 712, §2; Acts 2003, No. 1182, §1; Acts 2005, No. 196, §1; Acts 2016, No. 369, §1.

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Local Government
Louisiana
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6
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John Bel Edwards
John Bel Edwards
January 11, 2016 -
Democratic
1-225-342-4404
900 North 3rd Street, Baton Rouge, LA, 70802

Keywords
dental
license
dentistry
hygiene
practice
issue
subpoena
offer
return
practicing