(1) The board defines "unprofessional conduct" for dentists and dental hygienists as follows:

(a) Continuing to practice dentistry or dental hygiene when the licensee's license has been suspended, revoked or is not currently renewed.

(b) Administering, dispensing or prescribing a controlled substance scheduled in Title 50, chapter 32, MCA, other than in the course of legitimate or reputable professional practice.

(c) Having been convicted of violating a federal or state statute or rule regulating the possession, distribution or use of a controlled substance scheduled in Title 50, chapter 32, MCA.

(d) Failure to maintain an office(s) in sanitary conditions consistent with current accepted sterilization and disinfection protocols for treatment rooms, sterilization and laboratory areas, or operating under unsanitary conditions after a warning from the board.

(e) Extracting teeth or performing dental treatment upon the written or verbal prescription of someone other than a licensed dentist.

(f) Obtaining a fee or other compensation, either directly or indirectly by the representation that a manifestly incurable disease, injury or condition of a person can be cured.

(g) Testifying in court on a contingency witness-fee basis.

(h) Failing to supervise and monitor the actions of all dental auxiliaries and dental hygienists in regard to patient care.

(i) Violating the regulations concerning the administration of anesthesia.

(j) Failure to respond to correspondence from the board, or to comply with final orders of the board.

(k) Representing or recording as an oral prophylaxis, coronal polishing by itself, without an appropriately licensed dentist or licensed dental hygienist inspecting for and removing any supragingival and subgingival calculus and gingival irritants deemed necessary for removal by an appropriately licensed dentist or licensed dental hygienist.