You have worked hard for years to obtain your dental license in Texas and to build your good name in your community. If you are facing a formal complaint filed against you with the Texas State Board of Dental Examiners (TSBDE), your license to practice dentistry is in jeopardy.
The consequences of even a single complaint can be disastrous for your professional career.
New Rule on Baseless Complaints Against Texas Dentists
Pursuant to the requirement of Senate Bill 313, the TSBDE recently adopted Rule 107.110 addressing baseless or unfounded complaints. The stated purpose of this new Rule is "to create the structure for dismissal of baseless or unfounded complaints as required by Texas Occupations Code §263.0074." That code section requires the Board to include a statement in the records of the complaint giving a reason it dismissed the complaint as baseless or unfounded. It further requires the Board to "adopt rules that establish criteria for determining that a complaint is baseless or unfounded." Tex. Occ. Code §263.0074 New Rule 207.110 sets forth that framework.
When determining if a complaint is baseless or unfounded, the Board is to apply the following criteria:
- Failure to Specify a Violation of the Standard of Care.
- If the complaint submitted to the Board does not specify a procedure or service provided by the Respondent that may fall below the standard of care, Board staff shall dismiss the complaint.
- Failure to Describe a Sanitation Violation.
- If the complaint submitted to the Board does not describe conditions in the Respondent's practice that may violate laws or Board rules related to the sanitation of a dental office, Board staff shall dismiss the complaint.
- Failure to Describe Dishonorable Conduct.
- If the complaint submitted to the Board does not describe conduct by the Respondent which may be considered dishonorable under laws or Board rules, Board staff shall dismiss the complaint.
- Failure to Identify an Administrative Violation.
- If the complaint submitted to the Board does not identify a violation of the administrative requirements of the laws and Board rules related to licensure as a dentist or dental hygienist or registration as a dental assistant, Board staff shall dismiss the complaint.
- Failure to Describe a Business Promotion Violation.
- If the complaint submitted to the Board does not describe business promotion activities by the Respondent that may represent a violation of the laws and Board rules regarding business promotion, Board staff shall dismiss the complaint.
- Failure to Establish Practice of Dentistry without a License.
- If the complaint submitted to the Board does not provide sufficient detail to establish that the Respondent may have practiced dentistry or dental hygiene without a license, Board staff shall dismiss the complaint.
- Failure to Identify a Person or Entity Subject to Board Jurisdiction.
Tex. Admin. Code §107.110(c). The Board is to identify the classification of the allegations in the complaint within 180 days of it commencing an official investigation.
When the Board dismisses a complaint based on determining it is baseless or unfounded, the Board shall provide notice to the complainant identifying the reasons for dismissal. Tex. Admin. Code §107.110(d). In the records of each baseless or unfounded complaint, the Board must retain documentation of the reason(s) for its determination and dismissal. Id.
Dental License Defense Attorneys in Texas
If you are under investigation by the Texas State Board of Dental Examiners, we urge you to seek the advice of an experienced Dental license defense attorney. If you fail to take aggressive action to get the complaint dismissed, your dental license might be revoked and your career could be in jeopardy.
We invite you to meet with us to talk to an experienced attorney who understands all aspects of a Dental and Dental Hygienist license complaint case. The lawyers 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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