Being a dentist in the state of Texas can be highly rewarding. It feels good for every professional dentist to attend to the varying needs of several patients. However, the dental profession is also equally challenging. There is a need for possessors of dental license to observe the administrative rules laid down by the Texas State Board Of Dental (Examiners).
The Texas State Board Of Dental (Examiners) is the government agency that has the authority to hear and decide disciplinary or administrative cases filed against a dentist in Texas. The Board has the power to revoke or suspend the license of a particular erring dentist. As a matter of fact, there is an increasing rate for the number of revocation or suspension orders issued by the Texas State Board of Dental Examiners (TSBDE).
Whenever a dentist is found to have committed any grave misconduct or wrongful act in the practice of dentistry, one of the remedies available to the aggrieved party is to file a case before the Texas State Board Of Dental Examiners (TSBDE). This is what happened to the case of Hisham who is a dentist in a dental clinic.
In the complaint filed against him, the dentist was accused of committing an act, which fell below the minimum standard of care. It was alleged that he failed to make, maintain, and keep adequate dental records does not include:
a. Findings and charting of clinical and radiographic oral examination;
b. A treatment plan including recommendation and treatment option;
c. Written informed consents(s) signed by the patient;
d. Notation and use of prescription given;
e. The confirmable identification of the provider dentist, and the person making record entries, if different from the provider dentist.
It was stated that the Act of Hisham violated these provisions:
(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.
When the case was filed against the dentist, he did not do anything about it. He was confident that there was neither wrongdoing nor misconduct on his part that would warrant the revocation of the license. At the end of the hearing of the case, he was eventually found guilty for the charge. This resulted to the revocation of his license. What Hisham should have done was to contact a reliable dental defense attorney who can help him with the case. Unfortunately, he merely waited for the decision of the Texas State Board Of Dental Examiners (TSBDE) without defending himself at all.
Questions about the Texas State Board Of Dental Examiners (TSBDE) 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.