A dental license could get suspended if the dentist is not able to comply with very important requirements that may affect the status of her license and/or the dental clinic. The Texas Board of Dental Examiners are the ones responsible for handling and observing cases regarding compliance with such important requirements and/or documents.
This is what exactly happened to a dentist, resulting in her dental license receiving the suspension. The dentist failed to comply with the following requirements during the time period from February 26, 2016, to August 26, 2016:
- Failure to reimburse an amount of $10,381.00 to a patient and $496 to another patient on or before March 28, 2016. However, the dentist was able to comply on March 30, 2016.
- Failure to pay $3,000.00 fine to the Texas Board of Dental Examiners on or before August 26, 2016. She was able to comply with it on September 6, 2016.
- Failure to complete 18 hours of continuing education on or before August 26, 2016. She was able to comply with it on December 16, 2016.
- Failure to pass the Jurisprudence Assessment administered by the Board on March 28, 2016. However, she accomplished it on May 9, 2016.
The said actions were still considered as failure to comply by the Texas Board of Dental Examiners because the dentist was not able to comply with the following on time. As a result, the instead placed her dental license to suspension. The evidence provided by the dentist could have strengthened further with the help of a dental license attorney if she had hired one upon the hearing.
Additionally, the Texas Administrative Code, specifically Chapter 108 provides for the violations:
(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.
This is why hiring a dental license attorney is extremely important if you’re undergoing cases for delay of compliance, even if you were able to complete the requirements. For a better way to receive legal counseling, it’s best to hire the expertise of Dental License Attorney Yong J. An. You may contact him 24/7 at (832) 428-5679.