As a professional dentist in Texas, the first thing that you need to do is to comply with all the laws promulgated by the legislative department of the government. Take note that your dental license can be taken away from you for failure to comply with certain state laws. As a matter of fact, the Texas State Board of Dental Examiner (TSBDE) can even revoke the professional license with finality. When this happens, you will lose your privilege to practice dentistry in the country.
An illustration of this is case involving a dentist named Gina whose dental license was revoked by the TSBDE based on this complaint:
During the time period from August 5, 2014, through August 13, 2014, the dentist failed to meet the duty of fair dealing and engaged in dishonorable conduct in the treatment of patient 1 by:
a. Recording the performance of and charging for interproximal fillings on teeth numbers 4, 5, 12, 13, 14, 18, 20 and 29, when radiographs from the subsequent treating dentist do not show any interproximal fillings were performed on those teeth; and
b. Administering nitrous oxide without holding the required permit from the Board.
These acts are in violation of Texas Administrative Code, Title 22, Part 5, Chapter 108, Subchapter A
RULE §108.2 Fair Dealing
(a) The dentist has special knowledge which a dental patient does not have; therefore, to avoid misunderstanding, the dentist shall advise a patient, before beginning treatment, of the proposed treatment, and any reasonable alternatives, in a manner that allows the patient to become involved in treatment decisions.
(b) Such advice shall include, at a minimum:
(1) the nature and extent of the treatment needed by such patient;
(2) the approximate time required to perform the recommended dental treatment and services;
(3) the terms and conditions of the payment of his fee; and
(4) any further or additional service or returns by the patient or adjustments, repair, or consultation and the time within which this shall occur.
(c) On the written request of a patient, the licensed dentist shall provide, in plain language, a written explanation of the charges for professional services previously made on a bill or statement for the patient. For this rule, the term “plain language” means language that avoids terms of art or usage of words having specialized meaning in a context typically understood only by health care professionals.
(d) Neither the dentist nor his employee(s) shall mislead dental patients as to the gravity or lack thereof of such patient’s dental needs.
(e) A dentist shall not flagrantly or persistently overcharge, overdiagnose, or overtreat a patient. For this rule the meaning of the term “overcharge” includes, but is not limited to, collecting or attempting to collect a fee without reasonable justification for any element of dental services provided to a patient that is in excess of the fee the dentist ordinarily charges to others for the same service.
(f) A dentist may not employ an auxiliary to perform any dental procedure which he cannot personally perform.
The Texas State Board of Dental Examiner (TSBDE) declared the misconduct of Gina as acts unbecoming of a professional dentist. The Board eventually ordered the revocation of her license. As such, Gina was prohibited to continue the practice of her profession.
If you are looking for a Texas dental license defense lawyer that has a proven track record in this practice area, contact the Law Firm of Yong J. An 24/7 by calling or texting him at (832) 428-5679 for a confidential consultation. Mr. An has over 10 years’ experience handling Texas SBDE disciplinary action cases and has helped several dozens of nurses in Texas protect their dental license at www.illicitgardens.com.