1. A. The Board of Dentistry shall be responsible for the enforcement of the provisions of the State Dental Act against all persons who are in violation thereof, including, but not limited to, individuals who are practicing or attempting to practice dentistry or dental hygiene without proper authorization from the Board.

2. B.

   1. 1. It shall be unlawful for any person, except a dentist, to:

      1. a. practice or attempt to practice dentistry,
      2. b. hold oneself out to the public as a dentist or as a person who practices dentistry, or
      3. c. employ or use the words "Doctor" or "Dentist", or the letters "D.D.S." or "D.M.D.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dentist.

   2. 2. It shall be unlawful for any person, except a dental hygienist, to:

      1. a. practice or attempt to practice dental hygiene,
      2. b. hold oneself out to the public as a dental hygienist or as a person who practices dental hygiene, or
      3. c. employ or use the words "Registered Dental Hygienist", or the letters "R.D.H.", or any modification or derivative thereof, when such use is intended to give the impression that the person is a dental hygienist.

   3. 3. It shall be unlawful for any person to:

      1. a. give false or fraudulent evidence or information to the Board in an attempt to obtain any license or permit from the Board, or
      2. b. aid or abet another person in violation of this subsection.
   4. 4. Each day of a violation of this subsection shall constitute a separate and distinct offense.

3. C.

   1. 1. If a person violates any of the provisions of subsection B of this section, the Board may request that the district attorney of the county in which such violation is believed to have occurred bring a criminal action in that county against the person. A duplicate copy of the Board's request shall be sent to the Attorney General of this state.

   2. 2. Any person who violates any of the provisions of subsection B of this section, upon conviction thereof, shall be guilty of a misdemeanor and shall be punished as follows:

      1. a. for a first offense, by a fine of not less than Five Hundred Dollars ($500.00) nor more than One Thousand Five Hundred Dollars ($1,500.00), or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment,
      2. b. for a second offense, by a fine of not less than One Thousand Five Hundred Dollars ($1,500.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment, or
      3. c. for a third or subsequent offense, by a fine of not less than Two Thousand Five Hundred Dollars ($2,500.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than one hundred eighty (180) days, or by both such fine and imprisonment.
4. D. The Board may initiate a civil action, pursuant to Chapter 24 of Title 12 of the Oklahoma Statutes, seeking a temporary restraining order or injunction, without bond, commanding a person to refrain from engaging in conduct which constitutes a violation of any of the provisions of subsection B of this section. In an action filed pursuant to this subsection, the prevailing party shall be entitled to recover costs and reasonable attorney fees.
5. E. In addition to any other penalties provided herein, any person found guilty of contempt of court by reason of the violation of any injunction prohibiting the unlicensed practice of dentistry now in effect or hereafter entered pursuant to any provision of the State Dental Act or any preceding state dental act, shall be punished by imprisonment in the county jail for not less than thirty (30) days nor more than one (1) year, and by a fine of not less than Five Hundred Dollars ($500.00). The court may also require the defendant to furnish a good and sufficient bond in a penal sum to be set by the court, not less than One Thousand Dollars ($1,000.00), which shall be conditioned upon future compliance in all particulars with the injunction entered, and in the event of failure of the defendant to furnish such bond when so ordered, the defendant shall be confined in the county jail pending compliance therewith. Such bond shall be mandatory as to any person hereafter found guilty of a second contempt of court for violation of any injunction entered pursuant to the State Dental Act, or any preceding state dental act.

Laws 1970, SB 632, c. 173, § 49, emerg. eff. July 1, 1970; Amended by Laws 1996, HB 1880, c. 2, § 17, eff. November 1, 1996; Amended by Laws 2003, HB 1445, c. 172, § 10, emerg. eff. May 5, 2003 (superseded document available).