Disciplinary actions before the Texas State Board of Dental Examiners are covered by the Texas Occupations Code and the Dental Board’s own administrative rules. Common grounds for discipline include
- Criminal charges including arrests deferred adjudication probations and convictions including DWI;
- Substance abuse, chemical dependency or the intemperate use of controlled substances;
- Unprofessional conduct;
- Fraudulent billing practices;
- Non-therapeutic or over prescribing;
- Discipline by a peer group or other State Licensing Board;
- Standard of care violations including:
- Failure to obtain appropriate informed consent;
- Inappropriate or non-clinically indicated treatment;
- Failure to provide the patient with an appropriate treatment plan;
- Failure to obtain the patient’s clinical / medical history and obtain and document blood pressure and medications used;
- The provision of care and treatment that falls below the standard of care
The resulting sanctions for violations proved can be severe including an administrative penalty, public reprimand, probation, suspension, or the outright recommended revocation of a practitioner’s license.
A disciplinary proceeding begins with a complaint. Complaints can come from different sources: colleagues- who, under the Dental Practice Act, are required to report certain conduct to the Board- patients, disgruntled family members, peer assistance groups such as Professional Recovery Network, and other states’ licensing authorities. Upon receipt of the complaint, Board Staff will first decide whether they have jurisdiction over the matter, and if they do, initiate an investigation. During the investigation the license holder will be given a copy of the complaint and be asked to return a written preliminary response to the allegations. At this point the Staff will decide whether to publicly dismiss the complaint or pursue a disciplinary proceeding. If the Board determines during the investigation that the continued practice of a license holder constitutes a clear, imminent, or continuing threat to the public, the dentist’s license may be temporarily suspended before a hearing has been held.
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