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There are many laws in the state of Texas that every professional engaged in the practice of the dentistry are supposed to follow. These legislations were enacted to ensure that the dentists will not commit any misconduct or negligence in their practice. One of these laws is the Dental Practice Act that governs the practices of every dentist in Texas.

Any violation of the Code committed by a professional dentist may result to the revocation of the dental license. This is exactly what happened to Alice who was subjected to a disciplinary proceeding before the Texas State Board of Dental Examiners (TSBDE). Alice was charged before the Texas State Board of Dental Examiners (TSBDE). The complaint provided the following:

On or about January 25, 2011, the dentist fell below the minimum standard of care by failing to make, maintain, and keep adequate dentals record of a patient.

Specifically, the record does not include the documentation of radiographs taken and the findings deduced from them. At the same time, the following details were also missing: radiograph films or digital reproduction and the a treatment plan including recommendation and treatment option.

This is the relevant provision for the case at bar:

(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.

Alic was not able to hire a dental license defense attorney. She was declared in default by the Texas Board of Dental Examiners (TSBDE). Because of this, the Board proceeded in the hearing of the case by only taking the evidence presented by the complainant. For this reason, the Board eventually declared Alice as liable for the offense charged. As a result, her license was suspended.

Do you have questions about the Texas State Board of Dental Examiners disciplinary process? Are you interested in discovering the various defenses you may raise before the Board? 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.