Dentists practicing in the greater Jackson, Mississippi, metro area are part of a vibrant and diverse community. Whether they reside in Jackson, Clinton, Byram, Madison, Ridgeland, Canton, Brandon, or other locations within the metro area, they provide essential services to their patients. While these dentists take pride in their work, they are also held to high standards of professional and personal conduct. Eventually, every dentist may encounter a complaint filed with the state licensing board. In the Jackson metro area, this responsibility falls to the Mississippi State Board of Dental Examiners, which has the authority to address a range of issues, from standard-of-care disputes to personal misconduct. The Board possesses broad investigative powers that may include audits and reviews of numerous patient records. Dentists may face allegations of personal dishonesty or insurance fraud. What starts as a single allegation can quickly escalate into a broader investigation that uncovers additional issues or misconduct. For this reason, it is crucial for any dentist facing a Board investigation to seek experienced legal counsel.
Any dentist facing Board disciplinary action must understand the seriousness and possible consequences of a formal complaint. In this modern age, where state dental boards report to one another and to national databases, discipline in one state will affect licensing in all states. Further, discipline can present credentialing problems and professional liability insurance issues. The LLF National Law Firm Professional License Defense Team is experienced in representing medical professionals, including dentists and physicians. We have a proven track record of effectively representing medical professionals facing disciplinary and licensing matters. We represent dentists in Jackson and in the surrounding metro area in actions before the Mississippi Board of Dental Examiners. Contact our offices today at 888-535-3686 or schedule a consultation online for more help.
The Mississippi Board of Dental Examiners
The Mississippi State Board of Dental Examiners licenses and regulates dentists who practice in the Jackson metro area and throughout Mississippi. The Dental Practice Act empowers the Board to license and discipline dentists and to oversee dental practices in the state. In Mississippi, the Board has broad power to limit, suspend, or revoke the license of a dentist whom it believes has violated a provision of this Act. While the wording of this law may sound dated (“moral turpitude”), the Board can review the behavior of dentists in a wide range of settings. The Board may suspend a dentist, for instance, if they have failed to pay child support. They may suspend or revoke the license of a dentist who they assess to be impacted by mental illness, drug or alcohol abuse or dependence, or other physical disability. The Board may look into criminal situations and alleged sexual misconduct. The Board has the broad power to limit, suspend, or revoke a dental license, or to impose fines and assess costs. These actions will become common knowledge in the community, since the Board publishes disciplinary actions. Finally, the Board will report actions to other state dental licensing boards and databases, so a license censure or revocation in Mississippi may prevent the dentist from practicing in other states as well.
What Could Endanger Your Dental License in the Jackson Metro Area?
A broad range of regulatory, legal, or ethical violations may jeopardize a dental license. These violations may involve a broad range of alleged misconduct and missteps. Complaints may be initiated by patients, colleagues, public agencies, law enforcement agencies, or insurance companies. Common reasons that your dental license may be in danger in the Jackson metro area include:
- Practicing under the influence of alcohol or drugs, or alleged dependence or misuse of alcohol or drugs.
- Being impaired from practice by disability, drug or alcohol misuse, or mental or physical illness.
- Conviction of a crime, particularly if it involves controlled substances. Also problematic is conviction of any felony or other crime involving the practice of dentistry.
- Incompetent or negligent practice.
- Delegating professional tasks to an unqualified person.
- An action against your license in another state or jurisdiction.
- Any unprofessional conduct, including conviction of a crime involving “moral turpitude,” false advertising, or deceit in your practice.
- Failure to provide and maintain reasonable sanitary facilities and conditions or failure to follow board rules regarding infection control.
- Sexual misconduct.
- Insurance fraud, or deceit regarding insurance filings and issues.
Allegations of any of the above violations can set a Board investigation in motion. This Board investigation will typically involve an exhaustive review of records, including clinic financial records, patient records, personal health records, criminal investigations, and other evidence of potential wrongdoing. If you have questions about how to limit the damage to your practice and reputation by a Board complaint, call the experienced attorneys at the LLF National Law Firm.
The Disciplinary Process for Dentists in the Jackson Metro Area
The Jackson metro area, including the cities of Pearl, Brandon, Madison, Yazoo City, and Vicksburg, is a great place to live and practice dentistry. Like many states in the South, Mississippi closely regulates the practice of dentistry. The Mississippi State Dental Board of Examiners investigates and disciplines dentists accused of misconduct in Jackson. The disciplinary process in Mississippi is a multi-step process involving the following:
Initiating a Complaint
In the Jackson metro area, a complaint is typically initiated by a patient, a colleague, or a state agency or law enforcement authority. An individual or agency filing a complaint will contact the Mississippi State Board of Dental Examiners (the Board) to initiate the process. A complaint will typically describe acts of misconduct or violations of standards. The Board will first review the complaint to ensure it has jurisdiction and, if proven, is valid.
Investigation
The Board has broad investigatory powers and may appoint panels to investigate complaints. This may include interviewing witnesses and reviewing dental records or other evidence. Dentists who are aware that the Board is investigating them should promptly hire experienced legal counsel, as communication with the Board can be used as evidence at the hearing. The Board will then decide whether to file a formal complaint against the dentist.
Formal Complaint and Notice
If the Board determines there is reasonable cause to believe that a licensed dentist has committed the offenses described in the complaint, it will begin a formal complaint process. The Board will notify the dentist of the charges and shall fix the date of a hearing on the issue. This notice can be served individually, but in the Jackson area, it is typically served by registered mail.
Administrative Hearing
The dentist charged with a complaint has the right to appear in person, with counsel to defend their license at a hearing. Notice of the hearing date, time, and place is usually served with the formal complaint. The Board has subpoena powers to require the attendance of witnesses at the hearing. The hearing is typically held before a majority of the Board, or before an appointed panel of members.
Wherever you are in the disciplinary process, the attorneys at the LLF National Law Firm can help. However, the earlier we are involved in the process, the better to avoid serious discipline.
Possible Board Sanctions
The Mississippi Board of Dental Examiners can take a range of disciplinary actions after the hearing, including:
- Revocation of the license.
- Suspension of the license.
- Limitations or partial suspension, such as the suspension of a sedation permit.
- Stay of a revocation or suspension, with a probation period during which any violation will lead to revocation or suspension.
- Remedial condition, such as requiring counseling or education.
- Probation or conditional practice.
- Fines, up to $5,000, and assessment of costs against the dentist.
- Other actions the Board deems proper.
It is important not to ignore potential Board action or “bury your head in the sand.” These disciplinary actions can prevent you from continuing to practice in Jackson and often in any other jurisdiction. Even if the Board has taken action to revoke or suspend your license, the LLF National Law Firm can help you seek an appeal or reinstatement of your license.
Appeals and Reinstatement
In the Jackson metro area, a dentist may appeal disciplinary actions by the Board to the Chancery Court of the First Judicial District of Hinds County. The appeal must be filed within thirty days of the Board action appealed. A filing fee and two sureties must accompany the appeal filing. The Chancery Court will decide the licensing status and issue a decision.
Apart from appeal, a dentist subject to a suspension may apply for reinstatement. The Board may, for good cause shown, reinstate a dentist whose license has been suspended. To be reinstated, a dentist must petition the Board and present evidence of good cause. If a dentist is suspended for nonpayment of child support, they must follow a separate procedure in Sections 93-11-157 or 93-11-163.
Mississippi Disabled Dentist Law
The Dental Practice Act includes an extensive chapter on dentists with disabilities who are unable to practice dentistry. The Mississippi Disabled Dentist Law provides that the Board may restrict, suspend, or revoke the license of a dentist who is unable to “practice dentistry or dental hygiene with reasonable skill or safety” because of:
- Mental illness.
- Physical illness, including aging or loss of motor skills.
- Excessive use or abuse of alcohol or drugs.
If the State Board of Dental Examiners believes that it has reasonable cause to find that a dentist cannot practice with reasonable skill and safety, it may order an examination of the dentist’s abilities. A committee designated by the Board will do this examination. This Committee typically includes two or more dentists, two physicians, and 1 psychiatrist if mental illness is involved.
The Board may schedule a hearing on the issue of a dentist’s ability to continue practicing. If it finds the dentist in question is unable to practice, the Board may take the following actions:
- Require the dentist to submit to care, counseling, or treatment.
- Suspend the license of a dentist while the impairment continues.
- Revoke the license of the dentist.
The Board has broad powers to immediately suspend the dentist’s license (even before a hearing) if it believes a serious public safety issue is present. While this entire process may be invasive and emotionally upsetting to the dentist involved, the attorneys at the LLF National Law Firm can help. Even if your license has been suspended, the LLF National Law Firm can work with you to develop a plan of reinstatement.
The LLF National Law Firm: Defending Your Dentist License in the Jackson Metro Area
Defending your dental license in the Jackson metro area can be an involved and challenging process. But you must take action if you are facing a formal complaint or allegation of wrongdoing by the Board of Dental Examiners. Except in limited circumstances, disciplinary actions are public records, despite their sometimes private and invasive nature. Once the Board publishes a disciplinary action, it will become common knowledge in the community. This will damage the dentist’s dental practice and family life. It will also damage future employment possibilities and impact insurability. The damage will not be limited to Jackson or even the state of Mississippi, since actions are reported to other state licensing boards and databases.
Whether you live in Jackson, Clinton, Byram, Madison, Ridgeland, Canton, or elsewhere in Mississippi, we can help you defend your dental license from alleged violations or misconduct. We understand the broader culture and tradition and can assist you with sensitivity and restraint when necessary.
A dentist facing a Board complaint has no choice but to fight the accusations. However, the attorneys at the LLF National Law Firm understand that in some cases, the dentist in question should negotiate an agreement that will allow the case to end early, with minimal damage to the dentist’s reputation and life. The best strategy depends on the facts of each case. The LLF National Law Firm Professional License Defense Team will help you decide how best to respond to the allegations against you. We have a proven track record of defending medical and dental professionals in Jackson and nationwide. Let our experience help you go forward with confidence. Contact our offices today at 888-535-3686 or schedule a consultation online.