Blog

Tag Archives: Texas State Board of Dental Examiners

Texas dental license defense lawyerDentists often employee licensed professionals to help them with their practice, but what happens when you do not practice due diligence and hire one who has a license that is expired, suspended, revoked, or stolen? In many cases, it can result in an investigation against you and your practice. Learn how to protect yourself from this situation, and discover what an experienced dental license defense lawyer can do to help if you are currently under an investigation with the Texas Board of Dentistry.

Licensing Issue More Common Than Most Dentists Realize

As an employer, you might assume that your prospective and current employees are doing their part to maintain current and valid licensing. Sadly, this is not always the case. Sometimes, the issue is a mere oversight – perhaps the employee moved and did not receive notice that their license was about to expire – but in most instances, the lack of valid licensing is intentional. Some will fail to inform you of an investigation that has taken place. Others will tell you that their license is valid, even though it has been revoked or suspended. In even more concerning instances, an individual may steal the credentials of another licensed professional.

Do not think that your practice is immune. Such issues are far more common than most dentists realize, and they can endanger your practice. Thankfully, you can mitigate such issues by taking a proactive approach to ensuring your employees have valid and current licenses.

Doing Your Due Diligence to Ensure Valid Licensing

If your practice is busy and booming, checking the validity of a potential or current employee’s license may seem like yet another task to perform – one that you probably feel as though you cannot manage. However, doing so can go a long way in preventing licensing issues within your dental practice – and you do not have to check licensing by yourself.

Some practitioners hire a non-licensed office assistant to handle paperwork, bookings, and administrative duties. One of those duties could be to periodically check the licensing status of all current employees and to ensure that potential new hires have the required licensing in place. Another strategy you could use is to run licensing checks on all new hires, and then perform an inquiry on any current employees whenever you conduct their employee evaluations.

When an Employee Places Your Practice at Risk

Even with due diligence, a licensing issue with an employee may occur. If that issue then results in an investigation, it is critical that you seek qualified legal assistance. Backed by nearly 30 years of experience in the legal-medical arena, Oscar San Miguel, Attorney at Law, can aggressively represent you in your investigation. No matter what the situation, our seasoned Texas dental license defense lawyer will pursue the most favorable outcome. Start by scheduling a free initial consultation. Call 512-228-7946 today.

Source:

http://www.dentaleconomics.com/articles/print/volume-100/issue-9/columns/valid-licenses-how-much-more-important-can-it-get.html

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.

Sources:

http://www.tsbde.texas.gov/documents/laws-rules/TSBDE%20Rules%20and%20Regulations%2020170320.pdf

http://www.foxnews.com/us/2016/09/03/new-jersey-dentist-suspended-after-dozens-infections-and-1-death.html

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

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.

professional dentist license lawyerFor a dental professional, protecting your license and reputation is critical to maintaining your successful practice. And facing a review board, with the potential for disciplinary or enforcement action, can be a harrowing experience. Complaints may be based on a number of issues, including administrative matters involved in running a sanitary dental office and compliance with licensing and other requirements.

The Texas State Board of Dental Examiners’ (SBDE) Enforcement Committee has released a Self-Monitoring Checklist that can be used as a reminder of the administrative requirements for operating a dental office. The checklist is a useful reference to the Dental Practice Act and SBDE's rules and regulations.

The Self-Monitoring Checklist is as follows: 1. Infection Control; Applies to persons involved in treating patients (Rules 108-20 et seq.); 2. Immunizations, specifically evidence of immunization against Hepatitis B virus, or of other immunity; 3. Universal barrier techniques, including:

  • Disposable, non-sterile gloves
  • Protective eyewear and respiratory protection
  • Protective gowns or other clothing
4. Sterilization and disinfection—proper disposal of waste, including:
  • Contaminated waste
  • Sharp items;
5. Proper sanitation (Rule 108.21) 6. Proper training, certificates, licenses, and permits:
  • Satisfy all relevant continuing education requirements (Rules 104.1 et seq.)
  • Maintain a current license (Rules 101.1 et seq.)
  • Maintain current certification in cardiopulmonary resuscitation (Rule 108.7)
  • Hygienists maintain certification to place pit and fissure sealants and monitor nitrous oxide (Rule 115.2)
    • Hygienists maintain competency to place site-specific subgingival medicament (Rule 115.4)
    • Assistants maintain certification to perform radiology procedures (Rule 114.10)
    • Assistants maintain certification to monitor nitrous oxide levels (Rule 108.34)
7. Administrative matters:
  • Maintain dental records, including patient medical histories (Rule 108.32), and dispensation of drugs
  • Maintain a centralized drug inventory (Rule 108.8)
  • Display of license to practice
  • Display of information for consumers (Rule 108.3)
  • Listing of trade name (Rule 108.4)
  • Existence of contract for management services (Rule 108.71)
  • Lease or rental payments for office (Rule 108.70)

Dental professionals must always remain mindful of the various laws and regulations governing their practice, and the Self-Monitoring Checklist is a good way to stay on top of legal and administrative requirements. If you are facing a complaint to the SBDE, you need the help of a skilled and experienced Texas professional licensing attorney. Call Oscar San Miguel, Attorney at Law to get the help you need to keep your dental license.

Archives

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.
© 2019 Oscar San Miguel, Attorney at Law
505 West 12th Street, Austin, TX 78701 | 512-228-7946
OVC, INC.