Texas dentists are regulated by the Texas State Board of Dental Examiners (TSBDE), which has the power to take disciplinary action against dentists who are found to violate the standard of care, the Dental Practice Act (DPA), or TSBDE Rules. Dental hygienist, registered dental assistants, and dental laboratories in Texas are also regulated by TSBDE.
Texas law authorizes TSBDE to issue a warning, a reprimand, impose a fine or administrative penalty, place a licensee on probated suspension, place a licensee on enforced suspension, or revoke a licensee for violation of the Dental Practice Act or TSBDE rules. TOC § 263.002(a). Such disciplinary action may be accomplished through an Agreed Settlement Order or an Order of the Board imposed after a hearing at the State Office of Administrative Hearings. Disciplinary actions are public information and can be found on TSBDE’s website.
TSBDE must grant due process to its licensees and may only hand down discipline after notice and hearing, and only if a majority of the Board determines that the licensee committed a violation. There are a number of grounds for which TSBDE may impose disciplinary action against a licensee, including if the person:
- Violates the DPA or a TSBDE rule and contributed to the death or serious injury of a patient.
- Is convicted of a misdemeanor involving fraud or a felony under federal law or the law of any state.
- Practices dentistry or dental hygiene in a manner that constitutes dishonorable conduct.
- Fails to treat a patient according to the standard of care in the practice of dentistry or dental hygiene.
- Fails to use proper diligence in the person’s practice or fails to safeguard the person’s patients against avoidable infections.
- Engages in deception or misrepresentation in soliciting or obtaining patronage.
- Obtains a license by fraud or misrepresentation.
- Violates or refuses to comply with a law relating to the regulation of dentists or dental hygienists.
- Is adjudged under the law to be insane.
- Is addicted to alcohol or drugs or has improperly obtained, possessed, used, or distributed habit-forming drugs or narcotics.
TOC § 263.002. The above list is not exhaustive. The law authorizes the TSBDE to impose disciplinary action against dentists and dental hygienists for any action that would constitute a violation of the Texas Dental Practice Act or TSBDE Rules.
Dental License Defense Attorneys in Texas
If you are facing a formal complaint filed against you with TSBDE, your license is in jeopardy. The consequences of even a single complaint can be disastrous for your professional career. Even if you believe the complaint to be unfounded, no complaint should be taken lightly.
We invite you to meet with us to talk to a seasoned dental license defense attorney who understands all aspects of a Dental and Dental Hygienist license complaint case. The attorneys at BERTOLINO LLP know how to carefully research every potential complaint. We know where to look for evidence and how to use that information to build a successful legal strategy.
If you are facing disciplinary action from the Texas State Board of Dental Examiners contact us today or call (512) 717-5432 and schedule a case evaluation.
BERTOLINO LLP proudly represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio.
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