- What is the Texas State Board of Dental Examiners (TSBDE)?
- TSBDE has contacted me about a disciplinary complaint. What should I do?
- What are some reasons that someone might file a disciplinary complaint against a dentist?
- What happens after TSBDE files a formal complaint against a dentist?
- Should I call the TSBDE if I have questions about my case?
- What is an Agreed Order, and why does the TSBDE want me to sign it?
- What sanctions could I face because of a disciplinary complaint before the TSBDE?
- Do I need to hire an attorney when facing a complaint against the TSBDE?
What is the Texas State Board of Dental Examiners (TSBDE)?
The TSBDE is a state agency that licenses and regulates dental professionals, including dentists, dental hygienists, and dental assistants. As part of its regulatory duties, the TSBDE ensures that these dental professionals follow all laws and professional rules that apply to the dental profession.
When an individual files a complaint against a licensed dentist, the TSBDE receives and investigates the complaint. If warranted, the TSBDE will take formal disciplinary action against the dentist, which can result in sanctions, including losing their license.
TSBDE has contacted me about a disciplinary complaint. What should I do?
TSBDE will allow you to respond to the disciplinary complaint against you. You will have a limited amount of time to formulate and submit your response, so you should contact a dental license defense attorney immediately to meet the deadline for your response. In many cases, dentists can most successfully fight back against the complaint in their response and prevent the disciplinary process from progressing any further.
In the meantime, you should gather any evidence needed to counter the allegations you are facing. You should not discuss the disciplinary complaint against you with anyone other than your attorney, including TSBDE investigators or other staff members. Otherwise, you may inadvertently admit to misconduct or provide the TSBDE with evidence that does not benefit you.
What are some reasons that someone might file a disciplinary complaint against a dentist?
You may face a disciplinary complaint for violating the laws or rules governing the dental profession. For instance, if you violate the applicable standard of care in practicing dentistry, you may be subject to professional discipline. Other violations might include:
- Failure to properly maintain patient records;
- Inaccurate or fraudulent patient or insurance billing;
- Committing certain criminal offenses; and
- Practicing dentistry while impaired by alcohol or drug use.
What happens after TSBDE files a formal complaint against a dentist?
Following its investigation, if TSBDE finds sufficient evidence of a violation, it may proceed to file a formal disciplinary complaint against a dentist. The TSBDE may try to reach an agreement with the dentist to resolve the complaint by issuing an agreed order or remedial plan. If the parties cannot resolve the complaint by agreement, the complaint goes to the State Office of Administrative Hearings (SOAH) for a hearing before an administrative law judge (ALJ). The ALJ issues a recommended order to the TSBDE, which ultimately determines the disposition of the complaints. Dentists who disagree with the outcome of a hearing and the ensuing TSBDE disciplinary order have the right to appeal the disciplinary order in court.
Should I call the TSBDE if I have questions about my case?
The function of the TSBDE is to protect the public and regulate dental professionals. The agency does not exist to protect you or other dental professionals. As a result, you should not contact the TSBDE to respond to notice of a disciplinary complaint, explain your side of the story, or ask questions about your case. You may accidentally admit to a violation or give the TSBDE evidence against you, which can worsen your chances of success in your case. You should allow your license defense lawyer to handle all communication with TSBDE when you receive notice of a complaint.
What is an Agreed Order, and why does the TSBDE want me to sign it?
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An agreed order is an agreement between a dentist and the TSBDE to resolve a complaint. Typically, an agreed order sets forth the violations that the dentist has committed and any sanctions for those violations. Each agreed order differs and may include a range of sanctions based on the type, severity, and number of violations.
What sanctions could I face because of a disciplinary complaint before the TSBDE?
A disciplinary complaint can result in a wide variety of sanctions, including the following:
- Administrative Penalty– An Administrative Penalty is a monetary fine for disciplinary violations, excluding those that involve direct patient care. Dentists often receive an Administrative Penalty in addition to another sanction.
- Remedial Plan –A Remedial Plan is a non-disciplinary action in which the dentist agrees to complete certain requirements to remedy the disciplinary violation and pay a $500 Remedial Plan fee.
- Warning –A Warning is a letter warning the dentist of how they might have violated a law or rule and advising them to avoid such conduct in the future; it is the least serious form of disciplinary action.
- Reprimand –A Reprimand is a disciplinary action in which the TSBDE announces that the dentist has violated a law or rule governing the dental profession.
- Probated Suspension – A Probated Suspension allows a dentist to continue practicing dentistry under certain terms and conditions for a set period. Violation of a Probated Suspension can lead to an Enforced Suspension.
- Enforced Suspension—An Enforced Suspension prevents an individual from practicing for a set period. It is a higher level of disciplinary action that can last days, months, or years.
- Revocation – A License Revocation is the highest level of disciplinary action the TSBDE can issue. An individual may no longer practice dentistry when their license has been revoked. The only way that the individual may practice dentistry again is to apply for the issuance of a new license and meet all TSBDE requirements.
Do I need to hire an attorney when facing a complaint against the TSBDE?
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Hiring an attorney to represent your interests can be crucial due to the potential severity of sanctions you might face because of disciplinary charges before TSBDE. You should immediately contact an experienced dental license defense attorney for advice when you receive notice of a disciplinary complaint.
Allow Bertolino LLP to Help You with Your Professional Disciplinary Case
Understanding the implications of disciplinary proceedings for a licensed dentist can be critical to your future. Disciplinary proceedings can result in negative consequences, including suspending or revoking your dental license. When you face disciplinary proceedings, you need an experienced dental professional license defense attorney to assist you. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
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