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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.

Source:

http://www.startribune.com/teen-s-death-after-oral-surgery-prompts-suspension-of-edina-dentist-s-license/369660871/

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.

Source:

http://www.myajc.com/news/crime--law/dentist-suspended-after-autopsy-raises-questions-about-toddler-death/GGvpUtgYGBlkQwCTKVSL6O/



Texas professional license defense attorney, unprofessional conduct in dentistryUnprofessional conduct, also known as dishonorable conduct, is defined by the Texas State Board of Dental Examiners (TSBDE) as any behavior that may likely pose a threat or cause to the public or cause injury to a patient. Covering a wide range of actions and behaviors, this can lead to an investigation and disciplinary action from the Board. As such, it is critical that you understand this widely encompassing section of the Texas Administrative Code, as well as what actions may be taken against you if you are found to be in violation.

Unprofessional Conduct

At its core, unprofessional conduct is any action that can be seen as a violation of the Texas Administrative Code’s laws, rules, and regulations. This includes matters relating to your practice, but it can also extend to your personal life. If, for example, you are found guilty of a misdemeanor or felony for driving under the influence, fraud that is not connected to your practice, or an aggressive crime, you could be found in violation of the Texas Administrative Code.

Other behaviors and actions that may be considered a violation include (but are not limited to):

  • Deception or misrepresentation in obtaining/soliciting patients or in obtaining fees;
  • Fraud or misrepresentation or conspiracy in obtaining a license;
  • Improperly or illegally obtaining, possessing, using, prescribing, or dispensing controlled substances, including illicit drugs, habit-forming drugs or narcotics;
  • Addiction to or habitual, intemperate use of drugs or alcohol, including use of substances while providing dental services;
  • Assisting in or engaging in any unauthorized or unlawful dental practices;
  • Failure to ensure licensing and service compliance of any and all employees;
  • Performing dentistry when incapable of doing so safely (being physically or mentally ill to the point that it could be considered a safety hazard by the Board);
  • Being disciplined by a state Board outside of the state of Texas (either currently or previously);
  • Failure to comply with insurance, Medicaid, or other regulatory laws pertaining to billing and fees;
  • Delegating a task to an employee or other individual who is not properly trained or licensed; and
  • Engaging in any other conduct that has been established as a disgrace, dishonor, or degradation to the practice of dentistry, or the dental profession as a whole.

Possible Consequences

While the list of possible offenses and violations of the Texas Administrative Code are widely varied, there are only a few (but potentially devastating) consequences that you may face if found to be in violation by the Board. The Board may choose to take public action against you, limit your area of practice or enforce supervision of it, or limit your ability to accept or bill certain types of insurance. These actions may be in conjunction with, or independent of any other forms of disciplinary action, including license suspension, denial or revocation. You do, however, have rights afforded to you, including the right to a fair hearing and the right to legal representation.

Get the Legal Representation You Deserve

If you are facing a complaint or possible disciplinary action from the TSBDE, do not wait until the situation becomes dire before exercising your right to legal counsel. Contact Oscar San Miguel, Attorney at Law, and get the legal representation you deserve now. With more than 20 years of experience in the medical-legal arena, he can protect your rights and ensure you are treated fairly throughout the entire process. Call 512-228-7946 and schedule your free initial consultation with a skilled Texas professional license defense attorney today.

Sources:

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

https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=N&p_rloc=168944&p_tloc=&p_ploc=1&pg=2&p_tac=&ti=22&pt=5&ch=108&rl=8

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

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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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