The profession of a dental practitioner in the state of Texas is not an easy thing to do. There can be some complications that need to be addressed as soon as they arise. Otherwise, the dental license of a particular dentist may be suspended or revoked by the Texas State Board of Dental Examiners (TSBDE). At the same time, there is also a possibility of the imposition of fines. The order depends on the finding of guilt or innocence of the professional dentist involved.
As a professional engaged in the practice of dentistry, you may find yourself in a compromising situation. This is the kind of situation where you may end up losing your dental license. As such, it is highly recommended that you get in touch with a dental defense attorney whom you can trust. Do not wait for the proceedings to prosper without hiring a lawyer to help you. Take note that the Texas State Board of Dental Examiners (TSBDE) may issue orders that can no longer be appealed.
To illustrate this, let me bring up a particular case involving a professional named Jordan. He is a professional dentist who has operated a clinic in the state of Texas. Everything was going well with his practice until one day; a notice came from the Texas State Board of Dental Examiners (TSBDE). In the complaint filed against him, it was stated that:
During the time period from September 22, 2014, through December4, 2014, the dentist engaged in a dishonorable conduct in dealing with patients 1 and 2.
Specifically, the dentist received payment for a particular patient 1’s crown treatment for tooth number 2, but the dentist failed to complete the duty he promised to the patient. In another instance, he also received payment from patient 2 to for the work on the upper and lower dentures. However, after repeated demands for the service, the dentist still failed to deliver.
The act of Jordan was a clear violation of Texas Administrative Code, specifically Chapter 108 which provides:
(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.
The professional dentist, with case before the Board, waived his right to be represented by a counsel. This waiver did not help him at all because the Texas State Board of Dental Examiners (TSBDE). The Board eventually ordered for the suspension of his dental license.
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 12years’ experience handling Texas BON disciplinary action cases and has helped several dozens of dentists in Texas protect their dental license.