Louisiana Revised Statutes & Codes

La. Rev. Stat. § 37:776 (2026)

Causes for nonissuance, suspension, revocation, or imposition of restrictions of dental license; expungement of first-time advertising offenses

✓ current as of May 2026
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§776.  Causes for nonissuance, suspension, revocation, or imposition of restrictions of dental license; expungement of first-time advertising offenses

A.  The board may refuse to issue or may suspend or revoke any license or permit or impose probationary or other limits or restrictions on any dental license or permit issued under this Chapter for any of the following reasons:

(1)  Affliction with a contagious or infectious disease.

(2)  Conviction of a crime or entry of a plea of guilty or nolo contendere to a criminal charge.

(3)  Fraud, deceit, or perjury in obtaining any diploma, license, or permit issued under the provisions of this Chapter.

(4)  Providing false testimony before the board or in any judicial proceeding.

(5)  Habitual indulgence in the use of drugs, narcotics, or intoxicating liquors.

(6)  Prescribing, dispensing, or administering habit-forming or other legally controlled substances in other than a legal or legitimate manner.

(7)  Professional or dental incompetency.

(8)  Dental practice which fails to satisfy the prevailing acceptable standards of dental practice in this state.

(9)(a)  Division of fees or other remuneration or consideration with any person not licensed to practice dentistry in Louisiana, or an agreement to divide and share fees received for dental services with any non-dentists in return for referral of patients to the licensed dentists, whether or not the patient or legal representative is aware of the arrangement.  However, this Paragraph shall not forbid dentists licensed in Louisiana from practicing in a partnership or professional corporation and sharing professional fees or forbid a dentist licensed in Louisiana from employing another dentist licensed in Louisiana.  In addition, no dentist licensed in Louisiana shall share professional fees with a dentist whose license is either suspended or revoked during said period of suspension or revocation.

(b)  A dentist licensed in Louisiana shall not be forbidden to contract with the spouse or personal representative of the estate of a deceased dentist or the spouse or personal representative of a dentist with a disability to manage the dental practice at an establishment where dental operations, oral surgery, or dental services are provided for the purpose of selling, liquidating, or otherwise disposing of the dental practice of a deceased licensee or a licensee with a disability for a period not to exceed twenty-four months in accordance with the provisions of R.S. 37:752(9).  Notwithstanding any other provision of law to the contrary, nothing in this Subparagraph shall prohibit a dentist from contracting with any person or entity for management of a dental practice prior to the death or disability of such dentist subject to Subparagraph (9)(a) of this Subsection.

(10)(a)  Employing, procuring, inducing, aiding, or abetting a person not licensed or registered as a dentist to engage in the practice of dentistry or to possess an ownership interest of any kind in a dental practice, but the person practiced upon shall not be an accomplice, employer, procurer, inducer, aider, or abetter within the meaning of this provision.

(b)  A dentist licensed in Louisiana may contract with the spouse or personal representative of the estate of a deceased dentist or the spouse or personal representative of a dentist with a disability to manage the dental practice at an establishment where dental operations, oral surgery, or dental services are provided for the purpose of selling, liquidating, or otherwise disposing of the dental practice of a deceased licensee or a licensee with a disability for a period not to exceed twenty-four months in accordance with the provisions of R.S. 37:752(9).  Notwithstanding any other provisions of law to the contrary, nothing in this Subparagraph shall prohibit a dentist from contracting with any person or entity for management of a dental practice prior to the death or disability of such dentist subject to Subparagraph (10)(a) of this Subsection.

(11)  Employing unlicensed persons to perform work which under this Chapter can be done only by persons licensed to practice dentistry or dental hygiene in this state.

(12)  Making any misrepresentations or false promises, directly or indirectly, to influence, persuade, or induce dental patronage.

(13)  Professional connection or association with, or lending his name to, another for the illegal practice of dentistry by another, or professional connection or association with any person holding himself out in any manner contrary to this Chapter.

(14)  Practicing under any name other than that which appears on the license or renewal certificate, the dentist's commonly used name, or the name which is authorized under Chapter 11 of Title 12 of the Louisiana Revised Statutes of 1950, relating to professional dental corporations.

(15)  Unprofessional conduct as defined in R.S. 37:775.

(16)  Any conduct intended to deceive or defraud the public.

(17)  Conduct which disqualifies the licensee to practice dentistry with safety to the public, including inability to practice dentistry with reasonable skill or safety to patients because of mental illness or deficiency or physical illness, including but not limited to deterioration through the aging process or loss of motor skills.

(18)  The refusal of a licensing authority of another state to issue or renew a license, permit, or certificate to practice dentistry in that state, or the revocation, suspension, or other restriction imposed upon a license, permit, or certificate issued by such licensing authority which prevents or restricts practice in that state.

(19)  Employing solicitors or subsidizing anyone, or paying or presenting any person money or anything of value for the purpose of securing patients, except as allowed by R.S. 37:775.

(20)  Refusing to submit to the examinations and inquiry of medical physicians appointed or designated by the board to inquire into the dentist's physical and mental fitness and ability to practice dentistry with reasonable skill and safety to patients, or following submission to evaluation, failing to comply with the orders or recommendations of said examining physicians.

(21)  Making or submitting false or deceptive claims to any patient, insurance company, or indemnity association, company, individual, or governmental authority for the purpose of obtaining monetary compensation for services rendered.

(22)  Immoral conduct in exercising the privileges provided for by license or permit issued under this Chapter.

(23)  Interdiction or commitment by due process of law.

(24)  Violation of any rule, regulation, or order of the board, consent decree agreed upon between the board and the licensee, or any provision of this Chapter.

(25)  The failure to pay timely a dentist license renewal fee as required by law.

(26)  Non-disclosure of waiving of co-payments to any third party payor.

(27)  Failing to cooperate with the board in investigating any matter before the board except for an openly expressed claim of a constitutional privilege; or knowingly failing to respond to a lawful demand from the board for information from any professional licensing or disciplinary authority.

(28)  Failing to maintain certification in an approved course of cardiopulmonary resuscitation for the renewal of a dental license.

(29)  When license suspension or revocation is otherwise required by law.

B.  The board shall establish regulations and procedures to enforce the provisions of this Section.

C.  Any license or permit suspended, revoked, or otherwise restricted by the board may be reinstated by the board.

D.  The board shall promulgate rules and regulations providing for the expungement of first-time advertising offenses from a licensee's record after a period of three years from the date of the offense; provided however, the licensee has not had subsequent disciplinary actions of any kind taken against him by the board and the licensee has no disciplinary actions pending by the board.

Amended by Acts 1982, No. 278, §1; Acts 1986, No. 914, §1; Acts 1991, No. 504, §1, eff. July 15, 1991; Acts 1993, No. 49, §1; Acts 1995, No. 920, §1; Acts 1997, No. 83, §1; Acts 1999, No. 1358, §1; Acts 2001, No. 199, §1, eff. May 31, 2001; Acts 2005, No. 189, §1; Acts 2014, No. 811, §19, eff. June 23, 2014; Acts 2014, No. 856, §1, eff. June 23, 2014.

Notes of Decisions
Cited in 14 cases, 1978–2013 · leading case: In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006).
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). · cites it 16× “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
P. Sidney Neuwirth, D.D.S. v. Louisiana State Bd. of Dentistry, 845 F.2d 553 (5th Cir. 1988). · cites it 6× “45 Rather, R.S. 37:776, passed at the same time and as part of the same licensing act as R.”
Hughes v. Louisiana State Bd. of Dentistry, 490 So. 2d 1097 (La. Ct. App. 1986). · cites it 12× “" [6] "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the Board, or any citizen, and submitted to the president of…”
Haygood v. Louisiana State Bd. of Dentistry, 101 So. 3d 90 (La. Ct. App. 2012). · cites it 4× “R.S. 37:776(A)(15) (Charge 2) on three occasions |s(Specifications 1 through 3) and La.”
Allen v. Louisiana State Bd. of Dentistry, 531 So. 2d 787 (La. Ct. App. 1988). · cites it 4× “37:779 provides: "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the board, or any citizen, and submitted to the…”
Allen v. State Bd. of Dentistry, 543 So. 2d 908 (La. 1989). “[16] The statute provides in relevant part: All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer .”
McNiel v. Cooper, 241 S.W.3d 886 (Tenn. Ct. App. 2007). “§ 65-1517 (l)(p) (2002); La.Rev.Stat. Ann. § 37:776(A)(27) (2007 Supp.”
Dewey v. Louisiana State Bd. of Dentistry, 491 F. Supp. 132 (E.D. La. 1978). · cites it 3× “37:775(8) and (14) and LSA-R.S. 37:776(12), to the extent they relate to truthful newspaper advertisements concerning the availability and cost of routine dental services, to be violative of the First Amendment of the United States Constitution made applicable to the State…”
Haygood v. Dies, 114 So. 3d 1206 (La. Ct. App. 2013). · cites it 2× “R.S. 37:776. 5 *1216 117The power of the Dental Board to hear and adjudicate claims against dentists *1217 is set forth in La.”
Friedman v. Louisiana State Bd. of Dentistry, 3 So. 3d 565 (La. Ct. App. 2009). · cites it 2× “R.S. 37:776(A). The violations include, in part: (5) Habitual indulgence in the use of drugs, narcotics, or intoxicating liquors.”
Dyer v. Louisiana State Bd. of Dentistry, 767 So. 2d 749 (La. Ct. App. 2000). · cites it 2× “In fact, LSA-R.S. 37:776 provides twenty-nine (29) instances where the Board may choose to either suspend, revoke, restrict or refuse |7to issue a dentistry license to a current licensee who has engaged in some form of unprofessional conduct.”
LaPeze Dental Labs., Inc. v. Lee, 688 So. 2d 46 (La. Ct. App. 1997). “In addition to these requirements, the board may decline to issue or renew a dentist’s license for any of the causes listed in R.S. 37:776. We further note that the Louisiana Board of Dentistry recognizes that LaPeze Dental Laboratories, Inc.”
— La. Rev. Stat. § 37:776(10) — 3 cases
Hughes v. Louisiana State Bd. of Dentistry, 490 So. 2d 1097 (La. Ct. App. 1986). “" [6] "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the Board, or any citizen, and submitted to the president of…”
Allen v. Louisiana State Bd. of Dentistry, 531 So. 2d 787 (La. Ct. App. 1988). “37:779 provides: "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the board, or any citizen, and submitted to the…”
Dyer v. Louisiana State Bd. of Dentistry, 767 So. 2d 749 (La. Ct. App. 2000). “In fact, LSA-R.S. 37:776 provides twenty-nine (29) instances where the Board may choose to either suspend, revoke, restrict or refuse |7to issue a dentistry license to a current licensee who has engaged in some form of unprofessional conduct.”
— La. Rev. Stat. § 37:776(12) — 2 cases
Dewey v. Louisiana State Bd. of Dentistry, 491 F. Supp. 132 (E.D. La. 1978). “37:775(8) and (14) and LSA-R.S. 37:776(12), to the extent they relate to truthful newspaper advertisements concerning the availability and cost of routine dental services, to be violative of the First Amendment of the United States Constitution made applicable to the State…”
Allen v. Louisiana State Bd. of Dentistry, 531 So. 2d 787 (La. Ct. App. 1988). “37:779 provides: "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the board, or any citizen, and submitted to the…”
— La. Rev. Stat. § 37:776(15) — 1 case
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
— La. Rev. Stat. § 37:776(16) — 1 case
Hughes v. Louisiana State Bd. of Dentistry, 490 So. 2d 1097 (La. Ct. App. 1986). “" [6] "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the Board, or any citizen, and submitted to the president of…”
— La. Rev. Stat. § 37:776(7) — 1 case
Hughes v. Louisiana State Bd. of Dentistry, 490 So. 2d 1097 (La. Ct. App. 1986). “" [6] "All charges against a dentist or a dental hygienist under R.S. 37:776 or 37:777 for violations of this Chapter shall be made under oath either by the secretary-treasurer, a duly authorized inspector, a member of the Board, or any citizen, and submitted to the president of…”
— La. Rev. Stat. § 37:776(A) — 1 case
Friedman v. Louisiana State Bd. of Dentistry, 3 So. 3d 565 (La. Ct. App. 2009). “R.S. 37:776(A). The violations include, in part: (5) Habitual indulgence in the use of drugs, narcotics, or intoxicating liquors.”
— La. Rev. Stat. § 37:776(A)(15) — 1 case
Haygood v. Louisiana State Bd. of Dentistry, 101 So. 3d 90 (La. Ct. App. 2012). “R.S. 37:776(A)(15) (Charge 2) on three occasions |s(Specifications 1 through 3) and La.”
— La. Rev. Stat. § 37:776(A)(16) — 1 case
Haygood v. Louisiana State Bd. of Dentistry, 101 So. 3d 90 (La. Ct. App. 2012). “R.S. 37:776(A)(15) (Charge 2) on three occasions |s(Specifications 1 through 3) and La.”
— La. Rev. Stat. § 37:776(A)(24) — 1 case
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
— La. Rev. Stat. § 37:776(A)(27) — 3 cases
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
McNiel v. Cooper, 241 S.W.3d 886 (Tenn. Ct. App. 2007). “§ 65-1517 (l)(p) (2002); La.Rev.Stat. Ann. § 37:776(A)(27) (2007 Supp.”
Frank H. McNiel v. Susan R. Cooper (Tenn. Ct. App. 2007).
— La. Rev. Stat. § 37:776(A)(7) — 1 case
Haygood v. Louisiana State Bd. of Dentistry, 101 So. 3d 90 (La. Ct. App. 2012). “R.S. 37:776(A)(15) (Charge 2) on three occasions |s(Specifications 1 through 3) and La.”
— La. Rev. Stat. § 37:776(A)(9) — 1 case
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
— La. Rev. Stat. § 37:776(A)(9)(a) — 1 case
In Re Shiplov, 945 So. 2d 52 (La. Ct. App. 2006). “R.S. 37:776; 2) errors regarding the Board's determination that he failed to maintain written patient records in violation of La.”
— La. Rev. Stat. § 37:776(a)(19) — 1 case
Haygood v. Louisiana State Bd. of Dentistry, 101 So. 3d 90 (La. Ct. App. 2012). “R.S. 37:776(A)(15) (Charge 2) on three occasions |s(Specifications 1 through 3) and La.”
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