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Category Archives: Texas Board of Dental Examiners

Texas professional license defense attorney, TSBDE grounds for investigations,Responsible for ensuring patient health and safety, the Texas State Board of Dental Examiners (TSBDE) oversees the licensing and disciplinary action of all dentists practicing within the state of Texas. This power obligates them to investigate complaints and concerns over which they have jurisdiction, and it gives them the power to take disciplinary action that may include (but is not limited to) supervision or monitoring of a practice, or even dental license suspension, revocation, or denial.

Ideally, these actions are taken against professionals who have acted negligently or in violation of the Health and Safety Code, but this is not always the case. Any dentist may become subject of a complaint, and that can ultimately lead to negative action, even if the practitioner has not done anything wrong. If you are a dentist in the state of Texas, know how to protect your dental license, understand when investigations or disciplinary action may be warranted, and know your rights under the law.

Solicitation of a Patient

If you knowingly offer to pay (by any means, including overt, covert, indirect, or direction means) for patients or patient lists, you could become subject to investigation from the TSBDE. If found guilty, you could face an investigation or possible disciplinary action from the Texas State Board of Dental Examiners, and you could be referred for criminal charges. The same applies if you offer to sell or agree to accept any form of payment (by any means, including overt, covert, direct, or indirect) for the names or information of potential patients. 

False, Misleading, Deceptive Advertising 

While advertising, in and of itself, is not prohibited, you are bound by certain rules and regulations. You may not publish any statements that could be misconstrued as false, misleading, or deceptive. In addition, all statements must be verifiable and you may not claim superiority of performance or service in your advertisements. 

Criminal Offense 

Even if a criminal offense is not directly related to your practice or services, it could launch an investigation and disciplinary action from the Board. This includes (but is not limited to) felony offenses, misdemeanor offenses, driving while under the influence, assault, and domestic violence charges. Be aware that, even if you are acquitted of your charges, there may still be consequences with the Board.

Unprofessional Conduct 

Meant to encompass a wide range of possible offenses, unprofessional conduct includes everything from making false or fraudulent claims to an insurance company to failing to provide proper disclosure when you refer a patient to a hospital or facility where you (or an immediate) has a financial interest.

 Infections, Outbreaks, and Other Failures in Sanitation and Safety 

If a patient files a complaint with the Board regarding a possible infection, outbreak, or other failure in sanitation or safety (incompetency, poor standard of care, etc.), you may become subject of an investigation if one is reported by a patient. Furthermore, action may be taken against you if the Board determines there are deviations or violations within your practice regarding safety or sanitation (including those involving your staff).

Excessive Fees or Care 

Dentists are prohibited from charging their patients and insurance companies excessive fees or for unnecessary procedures. Unfortunately, this means that a patient may file a complaint against you, even if your fees or the services fall within a range that would normally be considered reasonable. Even if no disciplinary action is taken against you in such circumstances, the process of the investigation can be bothersome and may distract you from your regular daily duties. 

Practicing Without a Valid Texas Dental License

If you hold a license in another state and are practicing within the state of Texas, have had your Texas dental license suspended or revoked, or your licensing status has lapsed, you may be subject to investigation and disciplinary action from the TSBDE. This can be especially problematic for those that may not have been aware of a lapse in their licensing status.

Facing an Investigation or Disciplinary Action from the TSBDE?

If you are facing an investigation or possible disciplinary action from the Texas State Board of Dental Examiners, do not wait until matters get out of hand before seeking help. Protect your practice and the status of your license now. Contact a skilled and experienced Texas professional license defense attorney who is dedicated to protecting your rights and best interest. Call 512-228-7946 and schedule your free initial consultation with Oscar San Miguel, Attorney at Law, today.

Source:

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf

Texas professional license defense attorney, dental license revocationAfter graduating from dental school, the last thing you want to have to worry about is losing your license, or being denied renewal. Yet there are mistakes that dentists make—some of which are absent of neglect and made without knowledge or intent—that can, in fact, cost them their licenses. Therefore, it is critical that you know and understand these risks, and how you can best avoid them, so that you can effectively protect the status of your dental license.

False, Misleading, or Deceptive Advertising

For the most part, use of false, misleading, or deceptive advertising is exactly what it sounds like: using statements that misrepresent, falsify, or omit necessary facts. However, this common mistake is also a little more complicated. If, for example, you use advertising that cannot be readily verified, you could place your license at risk. This can include:

  • Comparing your services to peer without substantial, factually supported evidence;
  • Use of a testimonial;
  • Language that can create confusion or misunderstanding about your credentials, education, or licensing status;
  • Claiming that insurance can be accepted as full payment when co-pays and deductibles may be required;
  • Claiming that co-pays and deductibles can be waived;
  • Using a professional name or title reserved for another field of profession; and
  • Using superfluous or misleading language (i.e. “best,” “safe,” “cure,” etc.) or advertising results that may not be achievable for all patients.

Overcharging for Services or Over-Treating Your Patients

As outlined in the Health and Safety Code, Section 311.0025, dentists may not bill a patient or his or her insurance for a treatment that was not provided or could be considered clinically unnecessary. This includes any treatment that is improper or unreasonable in regards to the patient’s needs or condition. Violation of this code can lead to a complaint with the Texas State Board of Dental Examiners (TSBDE) and possible revocation, denial, or suspension of one's license to practice.

Denied Renewal of Your Dental License or Facing Possible Revocation?

If you have recently been notified of a complaint against you or have been denied renewal of your license to practice, it is critical that you seek the assistance of an experienced Texas professional license defense attorney. Oscar San Miguel, Attorney at Law, has more than 20 years of knowledge and practice in the medical-legal arena and is dedicated to helping you achieve the most favorable outcome for your unique situation. Schedule your free initial consultation by calling our offices at 512-949-5061 today.

Source: 

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf

Texas professional license defense attorney, Texas state board of dental examinersDentists who practice in the state of Texas and are licensed by the Texas State Board of Dental Examiners (TSBDE) are bound by rules and regulations put into place by the Board. Those who fail to comply put themselves at risk for a complaint and, ultimately, an investigation from the TSBDE. However, even dentists who have not done anything wrong may experience a complaint or investigation. Regardless of the circumstances, it is critical that dentists understand the process and how to effectively navigate it to avoid further adverse actions or disciplinary measures.

How the TSBDE Processes Complaints

Formal complaints to the TSBDE are submitted by mail and are then reviewed during a preliminary process to determine if the matter falls under the agency’s jurisdiction. From there, the TSBDE will determine whether or not the complaint warrants an investigation and then notify the filer of the complaint regarding whether or not further action will be taken. This portion of the process is completed within 60 days of receiving the complaint.  

TSBDE Investigation Process

The dentist in question will also receive notification of all complaints that fall within the agency’s jurisdiction. Typically, a request for information to help them determine whether or not a full investigation is warranted will be requested during this time. Complaints without sufficient evidence are usually dismissed, and those that warrant an investigation will begin the investigation process.

If a complaint is referred for investigation, the dentist is typically asked to supply additional information that may help the agency determine if a violation has occurred. Examples may include billing records and patient records. All parties, including the dentist, are interviewed and the Board takes any other investigative measures they deem necessary.

Once information has been gathered, the complaint and all supporting evidence are referred to the Dental Review Panel. They are responsible for determining whether or not a violation has occurred. Conduct that is deemed a violation is then referred to the TSBDE Legal Division to determine what disciplinary measures may be taken.

Get the Legal Representation You Deserve

When facing complaints, investigations, or disciplinary actions from the TSBDE, do not assume that you will be treated fairly and do not wait until things start to spiral out of control before seeking skilled and experienced help from a Texas professional license defense attorney. Instead, contact Oscar San Miguel, Attorney at Law. With more than 20 years of experience, he can help guide you through the process and provide you with the advocacy and protection you need. Call 512-228-7946 and schedule your free initial consultation today. 

Sources:

http://www.tsbde.texas.gov/documents/laws-rules/2014%20DPA.pdf 

http://www.tsbde.texas.gov/complaints.html

Texas professional license defense attorney, renewing your dental licenseTo practice dentistry in the state of Texas, practitioners must obtain a Texas Dental License. Valid for one year, that license must then be renewed annually. Failure to comply with renewal regulations can have severe consequences, especially if the practitioner continues to provide services without a license. As such, it is critical that all dentists understand the process and rules for renewing a dental license and the consequences for failing to do so.

Dentistry Renewal Process and Requirements

Texas Dental Licenses can be renewed either online or by mail within 45 days of the expiration date. Payment for renewal, submission of any continuing education hours (first year renewals are exempt from continuing education), and completion of the Dentist License Renewal Questionnaire must be completed before the license can be renewed. Incomplete forms or submissions will not be processed.

Renewing an Expired License

Those who fail to complete their license renewal within 45 days of the expiration date are suspended from practicing until they successfully fulfill all renewal requirements. License renewals that take place within 90 days of expiration are subject to renewal fees that are equal to 1½ times the normally required fees. Additionally, those processed between 90 days and one year after expiration are subject to fees that are two times the normally required fee. If more than a year has passed, then the licensee must obtain a new license before he or she can practice again.

Consequences for Practicing with an Expired or Cancelled License

When a practitioner’s license has been suspended due to non-renewal, he or she is prohibited from practicing until the license has been renewed. Failure to comply with this regulation can have severe consequences, including (but not limited to):

  • Hearing or investigation with the Texas Board of Dental Examiners;
  • License cancellation or revocation;
  • License cancellation or revocation;
  • Criminal charges;
  • Board-imposed disciplinary actions; and
  • Additional fines.

Facing Penalties for an Expired Dental License? We Can Help

If you had a lapses in licensure and have experienced consequences, are struggling to reinstate your license after a lapse, or feel you have been unfairly denied renewal, Oscar San Miguel, Attorney at Law can help. Knowledgeable in the licensing laws and regulations for the state of Texas, he can help you navigate the process and provide you with sound legal counsel. Backed by more than two decades of experience, he can also aid with investigations, formal hearings and complaints. Get the representation you deserve. Call 512-949-5061 and schedule your free initial consultation with a Texas professional license defense attorney today.

Sources:

http://www.tsbde.texas.gov/node/50.html

http://www.statutes.legis.state.tx.us/Docs/OC/htm/OC.257.htm

dental complaints, Texas Professional License Defense AttorneyThe Texas State Board of Dental Examiners (TSBDE) is responsible for responding to and managing complaints against dentists and their practices. Moreover, the TSBDE investigates complaints, laboratories, and additional personnel who work with a dentist. When a complaint is submitted to the TSBDE, it is assigned a classification of either Priority One or Priority Two. Priority One cases represent more serious claims like patient death, injury while in the care of a dentist, unlicensed practice, or conditions that could be considered unsanitary. Priority Two cases are less serious complaints including false advertising and administrative issues.

There are six categories for complaints, and include quality of care, sanitation, professional conduct, administrative issues, complaints against dental laboratories, and complaints against business promotions. Once a complaint has been filed, it is reviewed by the TSBDE to determine whether or not the board has jurisdiction or the authority to act.

If the Board does decide that a complaint falls within its jurisdiction, an investigation will be opened. Once an investigation has been opened, an agent of the TSBDE is assigned to gain an understanding of the circumstances surrounding the incident. The dentist who is accused of the wrongdoing is sent a copy of the complaint and is asked to send a complete copy of the patient’s records for the TSBDE to review.

The dentist does not have any choice but to send the records under state law, but he or she may provide an explanation of the circumstances if desired. Once each step is complete, a summary report is prepared for the TSBDE.

After the review takes place, the case is settled by either an informal settlement conference or a formal hearing. Most often, the issue is handled through the informal hearing where both parties explain their position to a panel of TSBDE members. If the panel agrees that there has been a violation, they will then issue a Board Order—the dentist has approximately one month to accept or reject the Order. If the dentist rejects the Board Order, then a formal hearing before a judge will result.

If a dentist decides not to comply with the final ruling of either the informal or formal hearings, he or she does have the option to file a motion for a rehearing in the district court system. This can become a protracted legal process and it can potentially go all the way to the Texas Supreme Court. Being involved in such a case may require the help of an experienced lawyer.

If you are a care provider named in a dental complaint, it is essential that you have a Texas professional license defense attorney advocating for you and protecting your rights. For more information, please contact Oscar San Miguel, Attorney at Law, to schedule your consultation today.

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Austin, Texas Professional License Defense Attorney Oscar San Miguel represents clients who are located in Austin, Houston, Dallas, San Antonio, El Paso, Fort Worth, Arlington, Amarillo, Lubbock, Brownsville, Laredo, Harlingen, McAllen, Round Rock, Longview, Travis County, Harris County, Dallas County, Tarrant County, Bexar County, Fort Bend County, Montgomery County, Cameron County, Nueces County, El Paso County, Potter County, Lubbock County, Grayson County, Collin County and throughout Texas.
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