When you are a dental hygienist or dentist in the state of Texas, one of the things that you need to remember is that you are under the jurisdiction of the Texas State Board of Dental Examiners (TSBDE). This means that whenever a case will be filed against you in court, the hearing and trial will be under the TSBDE. It must be noted that there are several rules and regulations that you need to comply since you are engaged in the practice of the dental profession.
One wrong move can place your license in a complete jeopardy. Any interested party can institute an administrative or even a criminal proceeding against you. This is why it is important to know the proper ways on how to handle a case before the TSBDE. As such, you need the assistance of a dental defense attorney. There was a dentist named Marivic who failed to hire a lawyer for her case.
The allegations in the complaint stated that:
During the time period from August 19, 2008 through October 17, 2008, the dentist fell below the minimum standard of care in the treatment of patient G.C.
Specifically, the dentist failed to advise patient G.C. to have a temporary crown on tooth #18 replaced to prevent mesial drift, super eruption, and insufficient crown length.
The act of Marivic 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 the failure to present the necessary evidence to defend his case, the dentist Marivic was found liable in the administrative case filed against her. The Texas Board of Dental Examiners (TSDBE) ordered for the suspension of her license. During the period of suspension, she is not allowed to render any service related to her profession.
Do you have 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.