If you are a licensed dentist, you should know the process and potential sanctions resulting from disciplinary action against your license by the Texas State Board of Dental Examiners (TSBDE). An experienced dental license defense attorney at Bertolino LLP has provided the following Frequently Asked Questions (FAQ) about TSBDE disciplinary proceedings.
Frequently Asked Questions
- 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 happens if I don’t respond to the TSBDE complaint?
- 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?
- Do I get to have a hearing about my disciplinary charges?
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. It ensures dental professionals follow all laws and professional rules. TSBDE investigates complaints and can take formal disciplinary action, including license revocation.
TSBDE has contacted me about a disciplinary complaint. What should I do?
You have a limited time to respond. Contact a dental license defense attorney immediately. Gather evidence and avoid discussing the complaint with anyone other than your attorney to prevent accidentally harming your case.
What are some reasons that someone might file a disciplinary complaint against a dentist?
Complaints may arise from violations such as:
- Failure to maintain patient records
- Inaccurate or fraudulent patient/insurance billing
- Certain criminal offenses
- Practicing while impaired by alcohol or drugs
What happens after TSBDE files a formal complaint against a dentist?
If sufficient evidence exists, TSBDE may file a formal complaint. They might try to resolve it through an agreed order or remedial plan. If unresolved, it goes to the State Office of Administrative Hearings (SOAH) for a hearing before an administrative law judge (ALJ). Dentists can appeal the TSBDE’s final order in court.
Should I call the TSBDE if I have questions about my case?
No. TSBDE regulates dental professionals but does not protect your interests. Only communicate through your license defense attorney to avoid inadvertently providing evidence against yourself.
What happens if I don’t respond to the TSBDE complaint?
Failure to respond may lead to default action, making it easier for TSBDE to impose sanctions without your side being heard.
What is an Agreed Order, and why does the TSBDE want me to sign it?
An agreed order is a negotiated resolution with TSBDE. It outlines violations and sanctions. Sanctions vary depending on the type, severity, and number of violations.
What sanctions could I face because of a disciplinary complaint before the TSBDE?
Sanctions range from less severe to most severe:
- Administrative Penalty: Monetary fine.
- Remedial Plan: Non-disciplinary action with required steps and a $500 fee.
- Warning: Letter advising future compliance.
- Reprimand: Formal announcement of violation.
- Probated Suspension: Practice continues under conditions; violations lead to enforced suspension.
- Enforced Suspension: Temporary practice prohibition.
- Revocation: Permanent loss of license; must apply for a new license to practice again.
Do I need to hire an attorney when facing a complaint against the TSBDE?
Yes. Hiring an experienced dental license defense attorney is crucial due to the severity of potential sanctions. Contact an attorney immediately upon receiving notice of a disciplinary complaint.
Do I get to have a hearing about my disciplinary charges?
Yes, if the complaint proceeds to SOAH, you will have a hearing before an administrative law judge. The ALJ issues a recommended order, but TSBDE makes the final decision. You can appeal the TSBDE’s final order in court if necessary.
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