The job of the Texas Dental Board is to protect and promote the welfare of the people of Texas. They do this by ensuring each person who is a dental professional and holds a license as a dentist in the State of Texas is competent to practice safely. This means the Texas Board of Dental Examiners has the authority to discipline the license of any dentist or other dental professional. Chelle Law’s Texas Dental Board Attorneys have represented over 1000 health care professionals before licensing boards and have the experience needed to help dentists with Texas State Board of Dental Examiners matters. We can assist all health professionals with Texas Dental Board issues, including:
- Dental Hygienists
- Dental Assistants
Texas Dental Board Complaint
Who can file a complaint against a dental professional? Patients, Health Care Facilities, other professionals, among others. When the Texas Dental Board receives a complaint, the Board will initiate an investigation into the complaint (if the Board has jurisdiction and the Complaint isn’t dismissed). After this happens, the dentist will receive notice and the board assigns an investigator to the case. Please note, having an attorney during this step can be crucial for dentists as they must submit a response, interview with the investigator while also possibly appearing at a Texas Dental Board.
Dentist Application Denial Assistance
Applicants to the Texas Dental Board who have a criminal history or previous discipline by the Texas Dental Board (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Board.
Sanctions for Criminal Backgrounds
Texas Administrative Code Rule 101.8 establishes automatic sanctions, mandatory sanctions, recommended sanctions, guidelines and criteria for the disciplinary actions to be taken by the Board against applicants and licensees with criminal backgrounds.
Professional Recovery Network
In lieu of disciplinary action the Texas Dental Board may allow a Licensed Dentist, Dental Hygienist, and Dental Assistant with a potential impairment due to substance use or mental illness applicants and licensees to enter into the Professional Recovery Network. The PRN handles the post-treatment monitoring, education and intervention of those who suffer from substance abuse or dependence, medical, psychiatric, psychological or behavioral health disorders that affect their ability to safely practice.
Dental Board Administrative Appeal and Hearing
Any licensee may request an appeal of an Texas Dental Board disciplinary action to an administrative law judge with the Texas Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A dentist’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If n individuals feels there has been a mistake they can request a rehearing.
Texas Dentist Disciplinary Actions
Texas Dental Board disciplinary actions are given to dental professionals with a license or certification in Texas. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Texas laws and regulations. Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the dentist formal discipline. Disciplinary actions can include:
- Probated Suspension
- ENF Suspension
- License Denial
If you’re interested in setting up a consultation with our Texas Dental Board Attorney at Chelle Law or learning more about any of the services we provide to Texas dentists we invite you to reach out to us today.