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AAAny party who wants to file a case against the dentist has the duty to present the necessary evidence to prove his allegations.

In the absence of the required proof, the Board may rule in favor of the dentist. Once a case has been filed, it is important that the respondent dentist must be served with a written notice of the facts and conduct alleged to warrant adverse licensure action.

There are different cases that are filed every single day before the Texas State Board of Dental Examiner (TSBDE). In these cases, the assistance of a lawyer is really necessary in order to ensure that the rights of the dentist involved are protected. At the same time, the lawyer can also help in rebutting all the allegations of the complainant.

Sad to say, many dentists fail to see the significant role that the dental defense attorney in the hearing of their cases. As a result, they end up waiving the right to be represented by a counsel. This is exactly what happened in the administrative complaint involving a dentist named Xana. A complaint was filed before the Board, which contains the following:

The dentist was arrested in several instances, for the years 2001, 2006 and 2014 for possession of Marijuana. This conduct is a clear violation of the Texas Administrative Code.

On October 28, 2014, the dentist engaged in dishonorable conduct by obtaining a license by misrepresentation in failing to report his July 30, 2014 arrest for possession of marijuana under two ounces to the Board when he renewed his license, in violation of the Code below:

Texas Administrative Code Title 22, Part 5, Chapter 108, Subchapter A
RULE §108.9 Dishonorable Conduct
The dishonorable conduct section is intended to protect the public from dangerous, unethical, and illegal conduct of licensees. The purpose of this section is to identify unprofessional or dishonorable behaviors of a licensee which the Board believes are likely to pose a threat to the public. Actual injury to a patient need not be established for a licensee to be in violation of this section. Behavior constituting dishonorable conduct includes, but is not limited to:
(1) Criminal conduct–including but not limited to conviction of a misdemeanor involving fraud or a felony under federal law or the law of any state as outlined in Chapter 101 of this title.
(2) Deception or misrepresentation–engages in deception or misrepresentation:
(A) in soliciting or obtaining patronage; or
(B) in obtaining a fee.
(3) Fraud in obtaining a license–obtains a license by fraud or misrepresentation or participates in a conspiracy to procure a license, registration, or certification for an unqualified person.
(4) Misconduct involving drugs or alcohol–actions or conduct that include, but are not limited to:
(A) providing dental services to a patient while the licensee is impaired through the use of drugs, narcotics, or alcohol;
(B) addicted to or habitually intemperate in the use of alcoholic beverages or drugs;
(C) improperly obtained, possessed, or used habit-forming drugs or narcotics including self-prescription of drugs;
(D) grossly over prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances;
(E) prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances to or for a person who is not his or her dental patient; or
(F) prescribes, dispenses, or administers narcotic drugs, dangerous drugs, or controlled substances to a person for a non-dental purpose, whether or not the person is a dental patient.
(5) Assisting another in engaging in the unauthorized practice of dentistry or dental hygiene–holds a dental license and employs, permits, or has employed or permitted a person not licensed to practice dentistry to practice dentistry in an office of the dentist that is under the dentist’s control or management.
(6) Failure to comply with applicable laws, rules, regulations, and orders or remedial plans–violates or refuses to comply with a law relating to the regulation of dentists, dental hygienists, or dental assistants; fails to cooperate with a Board investigation; or fails to comply with the terms of a Board Order or remedial plan.
(7) Inability to practice safely–is physically or mentally incapable of practicing in a manner that is safe for the person’s dental patients.
(8) Discipline of a licensee by another state board–holds a license or certificate to practice dentistry or dental hygiene in another state and the examining board of that state:
(A) reprimands the person;
(B) suspends or revokes the person’s license or certificate or places the person on probation; or
(C) imposes another restriction on the person’s practice.
(9) Failure to comply with Medicaid, insurance, or other regulatory laws–knowingly provides or agrees to provide dental care in a manner that violates a federal or state law that:
(A) regulates a plan to provide, arrange for, pay for, or reimburse any part of the cost of dental care services; or
(B) regulates the business of insurance.
(10) Improper delegation–improperly delegates any task to any individual who is not permitted to perform the task by law, this chapter, or practice restrictions imposed by Board Order.
(11) Unprofessional conduct–engages in conduct that has become established through professional experience as likely to disgrace, degrade, or bring discredit upon the licensee or the dental profession.

Make sure that you will not make the same mistake that Xana did in his case before the Texas State Board of Dental Examiner (TSBDE). Contact a Texas dental attorney today who can provide you with a confidential consultation and evaluate your case and counsel you on the best steps to take. Contact Mr. An by calling or texting him 24/7 directly at (832) 428-5679.