In the past years, the Texas State Board of Dental Examiner (TSBDE) is known to have regularly filed cases against erring dentists that resulted to the revocation of the professional licenses. A professional dentist charged with the commission of a violation or omission of an act needs to be assisted by a proper legal counsel in order to present her defenses in a proper way. The assistance of a good lawyer also comes in handy in ensuring that the legal procedure is being followed.
Unfortunately, in one case filed before the Texas State Board of Dental Examiner (TSBDE), a dentist named Francis failed to hire the right attorney to handle his case. One day, the dentist received notice of a complaint filed against him. It was shown that the following allegation was made:
On or about February 18, 2011, the dentist failed to use proper diligence in his practice and failed to safeguard patients against avoidable infection.
Specifically, the dentist failed to sterilize all surgical and other instruments that may be used intraoral, where these instruments may be used invasively or in contact with or by penetration of soft tissue, bone or other hard tissue.
The conduct of the dentist was a clear violation of Texas Administrative Code, specifically Chapter 108 which provides for the following:
(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.
While the Texas State Board of Dental Examiner (TSBDE) conducted a hearing of the case, the dentist failed to hire the services of a Texas dental attorney. Because of this, he was not able to defend himself. As such, his allegedly dishonorable conducts led to the loss of his dental license.
Be prepared all the time. Consult with Texas dental attorney Yong J. An today if you have any questions about your response letter or the disciplinary process by calling or texting him at (832) 428-5679 day, night or weekends.