Various alleged violations can lead to complaints and disciplinary proceedings against dentists and other dental professionals, ranging from overbilling to sexual misconduct. Therefore, securing legal representation from an experienced Texas dental license defense lawyer from the outset can make a significant difference when you face a complaint.
The team at Bertolino LLP understands that disciplinary proceedings by the Texas State Board of Dental Examiners (TSBDE) arising from a complaint can lead to serious consequences that may endanger your career, and we are prepared to defend your professional license. Reach out today to get started.
Substance Abuse
As with many professionals, substance abuse, including alcohol, illicit drug, and prescription drug abuse, is a common reason for disciplinary action in the dental profession. Sanctions for substance abuse can range from reprimands to revocation of licenses, depending on the severity of the violation(s) involved.
Texas dentists who have problems with substance abuse or addiction can also seek support through the Professional Recovery Network for confidential evaluation and treatment options.
Prescription Drug Violations
Although this violation is somewhat related to the previous issue, prescription drug violations, particularly involving controlled substances, are a common problem for dentists.
These violations may include illegally storing prescription medications at one’s home, overprescribing drugs, illegally prescribing drugs for relatives or patients who do not need them, or running afoul of the Prescription Monitoring Program.
Overbilling or Filing False or Fraudulent Insurance Claims
In some cases, dentists may overbill their patients for procedures or services that they did not receive. False or fraudulent billing to private insurance companies, Medicaid, or Medicare may also occur. Falsification of patient records also may occur when generating false or fraudulent bills.
Dentists may face disciplinary action for false or fraudulent billing and may also face criminal charges at the federal and state levels.
Breaching Dentist-Patient Confidentiality
Patient records are confidential medical records, and breaching confidentiality can violate state and federal law. Violations of Texas State Board of Dental Examiners rules and laws related to patient confidentiality can also result in disciplinary action. The team at Bertolino LLP understands these rules and how to respond to these types of allegations.
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False, Misleading, or Deceptive Advertising
Most professionals, including dentists, are subject to strict ethical rules concerning advertising. These rules now cover advertising on social media and the Internet, which has become a common form of advertising for most businesses.
However, false, misleading, or deceptive advertising, or any ads that violate TSBDE rules, can result in disciplinary action. Dentists must familiarize themselves with the applicable rules and ensure their advertisements comply.
Sexual Misconduct
Inappropriate relationships or sexual advances by dentists toward subordinates or patients can lead to disciplinary complaints and actions. In extreme situations, these incidents can also lead to civil liability and the loss of one’s dental license.
As such, dentists must avoid crossing the ethical rules governing the dentist-patient relationship and the employer-employee relationship.
Don’t Hesitate To Contact an Experienced Dental License Defense Lawyer
The sooner you hire a dental license defense lawyer to protect your professional license, the better positioned you will be to keep working. The team at Bertolino LLP can get to work immediately, gathering evidence and creating a strong defense to any allegations of misconduct.
Delays can cause supporting evidence to be lost or corrupted, making it harder to defend yourself. Additionally, without an attorney by your side, you could inadvertently say or do something that harms your defense. Before taking any other action, you should secure the services of a knowledgeable attorney.
Suspension or Revocation of Dental Licenses
The TSDBE publishes a disciplinary matrix that outlines the range of potential sanctions for different violations of the laws governing dentists. The TSBDE disciplinary matrix identifies possible sanctions for different violations, with more serious or repeated conduct generally carrying a greater risk of suspension or revocation.
For instance, a third-tier violation of Tex. Occ. Code §263.002(a)(1), which occurs when a licensee practices dentistry in a manner that constitutes dishonorable conduct, can result in an enforced suspension followed by a probation suspension, a revocation of license, or consideration of an emergency suspension of a license.
A third-tier violation involves repeated or continuous acts of dishonorable conduct with violations that present a risk of serious patient harm, or cause harm to a patient or another person, or dishonorable conduct which results in the death of a patient or another person. Likewise, the following violations can result in a license suspension or revocation:
- A licensee is legally determined to be mentally incapable of safely practicing dentistry
- Failing to treat a patient according to the standard of care in the practice of dentistry (second- or third-tier violation)
- Unlawful advertising (second- or third-tier violation)
- Obtaining a license by fraud or misrepresentation (second-tier violation)
- Addicted to or habitually intemperate in the use of alcohol or drugs or improperly obtained, possessed, used, or distributed habit-forming drugs or narcotics (second- or third-tier violation)
- Employing or permitting a person not licensed to practice dentistry in a dental office (second-tier violation)
- Failing to use proper diligence in practice or failing to safeguard patients against avoidable infections (second-tier violation)
- Violating a law relating to the regulation of dentists or dental hygienists (third-tier violation)
- Physically or mentally incapable of practicing in a manner that is safe for the person’s dental patients (second- or third-tier violation)
- Negligence in performing dental services that causes injury or damage to a dental patient (second- or third-tier violation)
- Committing repeated violations of the Dental Practice Act or Board Rules, where management of the entity was a cause of the violation (third-tier violation)
Whatever offense you are accused of, an experienced lawyer at Bertolino LLP can help defend your dental license.
We Will Protect and Defend Your Dental License
You can count on the experienced dental license defense lawyers at Bertolino LLP to take all steps necessary to protect your license and career. We will investigate the circumstances that led to your disciplinary proceedings and devise the best strategy for your case.
Don’t wait until it is too late for us to make a difference in your case. Call us today or contact us online to schedule an initial consultation.
Call or text (512) 515-9518 or complete a Case Evaluation form
