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The Texas State Board of Dental Examiner (TSBDE) is the government agency in the state of Texas that has jurisdiction to hear and decide cases arising from the dental profession or acts committed by a dentist. This is the body that can entertain cases or complaints filed against dentists, dental hygienists and dental practitioners in the country. The members of the Board will render a decision or resolution after a complete trial and hearing process. All orders that are issued by the Board are made after a thorough and deliberate discussion on the facts and issues of the case.

The Texas State Board of Dental Examiners must state the laws or regulations from which they base their decisions, orders or resolutions. From the moment of submitting an Application for Initial Licensure Examination up to the time of practicing the profession, all dentists are already under the administration of the Board. This is the reason why the TSBDE already has a right to inquire into the legitimacy of the practice conducted by a particular dentist.

In the case of Mario, the Texas State Board of Dental Examiners found out that he committed an error and negligence while engaging in the dental profession. A case was filed against him before the TSBDE. It states the following:

During the time period from July 26, 2012, through August 22, 2012, the dentist fell below the minimum standard of care by failing to make, maintain, did and keep adequate records for a patient specifically, the records did not include documentation of the complications which occurred during the endodontic therapy of the tooth number 3, or an explanation why the complication were not recorded.

The act of Mario 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.

Because of this violation, the Texas State Board of Dental Examiners (TSBDE) ordered for the suspension of the dental license of the dentist. If you find yourself in a similar situation, make sure to talk to an expert dental defense lawyer. Do not put your career in great jeopardy by not hiring the right legal counsel.

Questions about the Texas State Board of Dental Examiners disciplinary process? Contact The Law Office of Yong J. An for a confidential consultation by calling or texting 24/7 at (832) 428-5679 and ask for attorney Yong.