The dental license holder is subject to the Texas State Board of Dental Examiner (TSBDE) is the government agency that has jurisdiction to hear and decide administrative cases involving dentists, dental hygienists, and their assistants. The Dental Examiner has the power to reprimand these professionals for any violation of the administrative rules and regulations that they are bound to follow. Aside from this, it also has the power to order the suspension or cancellation and revocation of a dental license.
In exercising the inherent powers of the Texas State Board of Dental Examiner (TSBDE), it is important that it observes substantive and procedural due process. Every dentist who has a pending case with the Board must be given the right to be notified of the charges against him as well as the right to be heard. Another right available to him to the right to be represented by a counsel. Unfortunately, many dental practitioners waive their right to a lawyer. Because of this, they are often placed in the losing end.
Take for example the case of Kathy, a dental license holder, who was made a respondent in a complaint, which contains the following allegations:
On or about May 13, 2014, Dentist fell below the standard of care in the endodontic dental care of a patient. Specifically, the patient presented for the root canal therapy on tooth number 12. Dentist apparently attempted a root canal, resulting in a perforation leading to the extraction of the tooth. The dentist did not note the use of a rubber dam.
Subsequent to the extraction, which was performed by a fellow dentist, the Dentist supervised the preparation of a temporary acrylic bridge for the patient from tooth number 11 to tooth number 14. Dentist failed to diagnose the perforation of the patient’s sinus cavity from the extraction of tooth number 12, and allowed portions of the acrylic bridge material to flow into the patient’s sinus cavity.
She did not present any evidence to help her defend her case. The Board declared her guilty for the offenses charged. As such, she was suspended from the practice of the dental profession. Moreover, the Board ordered her to undergo probation.
Consult with Texas dental license defense 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.