Tag Archives: dental license

Texas dental license defense attorneyDental procedures often require the use of anesthesia, but not just anyone can administer medication or monitor a patient under sedation. Instead, special certification is required. Failure to ensure this certification is in place can result in serious consequences for the overseeing dentist. Sadly, for one Minnesota dentist, this lesson was learned the hard way. Learn more about the risks of uncertified dental assistants and discover how to protect your dental license if you or your practice ever become the subject of an investigation.

Worst-Case Scenario Highlights the Reason for Certification

The Minnesota dentist, now currently facing disciplinary action from his state’s dental board, had come under investigation after a teen patient died in his care. She had been there to have her wisdom teeth removed and was, as most patients are, sedated for the procedure. At first, everything appeared to be fine, but toward the end of the procedure, the patient started convulsing with seizures. She then went into cardiac arrest. Paramedics came and transported her to the hospital but they were unable to save her life.

After an investigation and an autopsy, it was revealed that the teen had a slight abnormality in her heart; there was also evidence of a viral infection in her brain. Though no one can say for certain if these contributed to her death, it is possible that they were a factor. Still, the dentist has not been let off the hook; instead, he is expected to face disciplinary action for allowing his staff to work outside their scope of practice. The agreement between the dentist and the dental board has not been disclosed to the public, but the public nature of this mistake could damage his reputation, in and of itself. Do not let this happen to you or your practice. Instead, learn from this dentist’s mistakes.

Learning from the Mistakes of Others

Although news sources did not disclose the reason for lack of certification among the dentist’s staff, there are many possible circumstances. Perhaps the dentist was not aware that certification was required for the monitoring of sedated patients. Alternatively, the assistant may have had certification at the time of hire but allowed it to lapse, and the dentist was unaware. In either scenario, due diligence could have prevented the oversight, and perhaps even the disciplinary action taken against the dentist.

Under Investigation? Contact Our Texas Dental License Defense Attorney

If you or your practice are under investigation, contact Oscar San Miguel, Attorney at Law for assistance. Dedicated and experienced, our Texas dental license defense attorney can protect your rights during the investigation process and will work aggressively to mitigate any potential consequences. Schedule your personalized consultation to get started. Call 512-228-7946.


Texas dental license defense lawyerDental procedures, such as tooth extractions, dental fillings, and root canals are often necessary to preserve oral health. Unfortunately, these same procedures can carry risks for patients. Dry socket, post-procedure infections, and even death are all possibilities. Some are rarer than others, but all can pose a risk to your practice and your dental licensing status. Learn more with help from the following information.

When Common Risk Leads to an Investigation

While one might expect that patients understand the importance of proper dental hygiene, especially after a procedure, some struggle to follow the guidelines you set. Such patients could potentially file a complaint, despite their shortcomings, which may place your practice at risk for an investigation. Alternatively, if you or a member of your staff failed to inform a patient of their potential risks, or provide them with aftercare instructions, you may be subject to investigation by the Texas State Board of Dental Examiners (TSBDE).

Unsanitary Practices and the Investigation

Unsanitary practices, carried out by either yourself or your staff, can include anything from improper handwashing to multi uses of single use items. All these practices can increase a patient’s risk of infection; they can also increase the potential for a suspension of your dental license, should you experience an investigation from the TSBDE. For this reason, it is crucial that you monitor staff, conduct regular training, and hold each member of your employees accountable.

How Infections Can Result in the Suspension of Your Dental License

Whatever the reason for investigators arriving at your office – be it due to noncompliance among patients, failure to provide post-procedure instruction, or unsanitary practices – it is crucial you understand the power, purpose, and reach of the TSBDE. Not only can they request information and records, and even attempt to watch over and examine your practice, they can assign disciplinary action for any infractions that they believe pose a risk to the public.

For example, an employee who fails to wash their hands properly in the presence of an investigator could your entire practice could be placed at risk. Your license could also be at risk for suspension or revocation. This action against your license would bar you from practicing dentistry until it is lifted or reinstated.

Protecting Your Dental License During an Investigation

Never assume that the TSBDE is on your side, and do not feel as if you must face the investigation alone. Instead, contact Oscar San Miguel, Attorney at Law, and gain the representation you deserve. Dedicated and experienced, our Texas dental license defense lawyer can protect your rights. We take aggressive and immediate action to protect your dental license. Schedule a free consultation by calling 512-228-7946 today.


Texas dental license defense lawyerDentists practicing within the state of Texas are required to obtain and maintain a valid license. Approval of this licensure is overseen by the Texas Board of Dental Examiners (TBDE). The TBDE is also responsible for disciplining dentists who fail to meet regulatory standards, practices, and/or requirements. One action that could be considered a violation is the completion of an unnecessary dental procedure. Learn more about what might lead to an allegation of this infraction, and how you can protect your dental license throughout the investigation process.

Cosmetic versus Unnecessary

While some dental procedures are, in fact, necessary, others may not be. This does not necessarily make them worthy of an investigation. Take teeth whitening, for example. Though it is considered a cosmetic procedure, it is not one that would typically lead to an investigation or disciplinary action from the TBDE. Yet there are other unnecessary procedures that would not be considered cosmetic. Such procedures could lead to allegations of wrongful practice.

Dentist Faces Investigation After Death of a Patient

The investigation of a Texas dentist, which took place last year, illustrates the potential consequences of unnecessary procedures. One of his patients died after receiving a cavity-filling procedure. The medical examiner ruled out the procedure itself as a cause of death, but began raising questions as to why the procedure was done in the first place since neither the autopsy or the dentist’s own records gave any indication that the child suffered from dental disease. The dentist faced even further scrutiny once it was determined that the toddler died from anesthesia complications. His license was ultimately suspended.

Protecting Your Dental License in the Face of an Investigation

Even if you take all necessary precautions to avoid claims against your practice, the reality is that any provider can experience allegations of misconduct. As such, it is important that you know how to protect your license throughout the process. The first and possibly most critical step is to ensure you contact an experienced license defense attorney, the moment you learn of an investigation. Further, you should not speak to the investigators, regardless of what they say, until you have consulted your attorney.

Oscar San Miguel, Attorney at Law, can help guide you through the investigation process and ensure that your rights are protected, every step of the way. Aggressive and knowledgeable, our Texas dental license defense lawyer has more than 20 years of experience. Schedule your free initial consultation to learn more. Call 512-228-7946 today.


dental license, Texas professional license defense lawyerObtaining a dental license is the final step in a long process of education and training to enter the career of dentistry. A dental license application procedure can be daunting, and it is easy for applicants to encounter problems that result in delays or even the denial of a license to practice dentistry in Texas. Therefore, it is important to understand the reasons for delays and denials, and how to successfully avoid or overcome them.

The Texas State Board of Dental Examiners provides information on licensing options and requirements. Each type of application specifies the information and documentation required to be submitted with an application. It is critical for an applicant to confirm that requested documentation has been received by the Board in a timely manner. The Board will return the application if it is incomplete.

Generally, the Board requires the following information together with an application:

  • Educational background;
  • Post-graduate training;
  • Test scores and jurisprudence assessment;
  • Information on criminal convictions, if any; and
  • Proof of specified fingerprint processing and criminal background check.

Mistakes that can delay the processing of an application, or even result in a denial of a license, include the following:

  • Filing an incomplete application;
  • Including falsified data;
  • Including information not requested; and
  • Responding incorrectly to questions.

If you have questions about the application process, an experienced professional license attorney can assist you in the process to make sure that your application is complete and accurate. If you have been denied a license for any reason, an attorney can appeal the decision and increase your chances of obtaining a license.

If you have been denied a Texas dental license or need assistance with the application process, a knowledgeable Texas professional license defense attorney is your best avenue toward obtaining a successful outcome. Contact Oscar San Miguel, Attorney at Law, for assistance in obtaining your license to practice dentistry.

classifications in dental license complaintsLearning that a complaint has been filed against you can be one of the most difficult problems to deal with in your dental practice. Licensed dentists have worked long and hard to build their practices and livelihoods, and the specter of a complaint can wreak havoc on a dentist’s career and life. It is important for practitioners to understand the different types of complaints that can be filed.

Under the Texas State Board of Dental Examiners rules, complaints are designated as either Priority One or Priority Two. Under this classification system, Priority One is comprised of more serious allegations such as the death of a patient, injury to a patient, engaging in the practice of dentistry without a license, and unsanitary conditions. Priority Two is comprised of less serious infractions, such as failure to maintain adequate records and improper advertising.

In the case of all complaints, the Board will make an initial determination of whether the continued practice by the dentist will constitute a definite, impending, or ongoing threat to the public welfare. If the Board so determines, the dentist’s license is subject to temporary suspension.

Although not required, the dentist may provide a written response to a complaint. During the investigation process, the dentist may respond to the allegations if desired. If the investigation concludes that the dentist may have violated the Dental Practice Act or Board rules, an informal settlement conference or formal hearing will be held. It is during these phases—response to the complaint, investigation, and formal or informal hearings—that the dentist should have experienced counsel at his or her side to make the strongest case in favor of the dentist. The decisions made at these times can be critical to the resolution of the complaint.

If you have been notified that a complaint to the Board has been made against you, your first course of action should be to contact an experienced Texas professional license defense attorney. You need an attorney by your side who knows how to best defend your license to practice dentistry. Contact Oscar San Miguel, Attorney at Law, for a consultation at the first sign of a problem.


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.
© 2020 Oscar San Miguel, Attorney at Law
505 West 12th Street, Austin, TX 78701 | 512-228-7946