A dentist who uses the services of a dental assistant who is not qualified or for purposes other than what is permitted may be found guilty of unprofessional conduct under Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland, or violating any rule or regulation adopted by the Board under Health Occupations Article, §4-315(a)(18), Annotated Code of Maryland. The performance of intraoral duties not authorized by these regulations by a dental assistant may constitute the illegal practice of dentistry, a misdemeanor which on conviction is subject to: For a first offense, a fine not exceeding $2,000 or imprisonment in jail not exceeding 6 months; or For a subsequent offense, a fine not exceeding $6,000 or imprisonment in the State penitentiary not exceeding 1 year.