As a dentist practicing in South Carolina’s Upcountry area – the part of the state around Greenville, Spartanburg, and Anderson, as well as other cities such as Boiling Springs, Gaffney, and Pickens – you know for yourself how hard you’ve worked to get to where you are today. Years of study in college and dental school, as well as significant amounts of practical experience, all add up to you having spent much of your life just to get to the point where you were eligible for your dental license.
That is why if you’ve been notified by the South Carolina Board of Dentistry that someone has filed a misconduct complaint against you, it’s something you need to take very seriously. Losing the ability to practice dentistry in South Carolina could be devastating, even in cases where your license is suspended. Fortunately, the LLF National Law Firm’s Professional License Defense Team is here to help. Call us at 888.535.3686, or fill out our online contact form so we can schedule a confidential consultation to learn more about your case, and to explain the ways we are able to help protect your license, your livelihood, and your future.
Dentists in South Carolina’s Upcountry
With a favorable climate and cost of living, South Carolina’s Upcountry is a growing part of the state. Hundreds of dentists agree, and if you’re one of them, you know the advantages of living and working in the area. You’re also working in a well-paying profession. According to the Bureau of Labor Statistics, the mean annual wage of dentists in the region is more than $145,000 per year, considerably higher than the average wage of $57,000 that the BLS lists for all of the professions it tracks.
This is great while you are working as a dentist. But it also means that if you lose your license – even for a short period of time, in the case of a suspension – you lose the ability to make that high income. And the higher the income you make, the harder it is to replace it if you are suddenly not able to practice.
Of course, not every dentist who is disciplined by the Board of Dentistry is suspended or has their license revoked. But even lesser sanctions can have an effect on your career and your ability to make a living. The Board maintains an online search page where anybody can enter your name and review the status of your dental license. The search results will also include any public sanctions that the Board has issued against you. This can make a difference to both existing and prospective patients who decide to check the Board’s license lookup page to learn more about you.
This is why it’s important to do as much as possible to defend yourself if you’ve been accused of misconduct. The LLF National Law Firm’s Professional License Defense Team understands how important misconduct investigations and proceedings are. We also know how they work and what defenses will resonate with the Board. When we are part of your defense team, you will rest easier knowing that we are working to help protect your rights and defend you against the allegations you’re facing.
Disciplinary Actions Against Dentists in the Greenville Area
No matter where in the Upcountry you practice, be it in Greenville, Spartanburg, Clemson, Piedmont, Roebuck, or another town, you can be accused by any member of the public of misconduct. The South Carolina Board of Dentistry maintains an online complaint page that is available to anybody. The Board will review incoming complaints to make sure they allege the kinds of misconduct that the Board has the power to discipline dentists for. That’s because not every type of complaint covers conduct that the Board regulates.
For example, complaints that a dentist or a dental staff member was rude to a patient will probably not result in the Board taking further action. Similarly, complaints about billing disputes that do not accuse the dentist of fraud will generally not result in a Board investigation or discipline.
The types of misconduct that the Board disciplines dentists for include the following:
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Making false statements in connection with securing or renewing their dental license
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A conviction of a felony or any lesser crime that involves “moral turpitude or controlled substances,” with guilty and nolo contendere pleas counting as a conviction
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Practicing dentistry while under the influence of alcohol or drugs
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Failing to maintain a sanitary treatment area
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Failing to provide “adequate radiation safeguards”
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Committing any act that would be considered battery against a patient (including sexual assault)
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Inappropriately dispensing, prescribing, or administering drugs
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Engaging in “fraud, deceit, or misrepresentation” in connection with their dental practice
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Violating any South Carolina law related to the practice of dentistry
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Violating any ethical principles set forth in the Board’s regulations
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Allowing an unlicensed person to practice dentistry
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Being unable to practice dentistry due to mental or physical illness or disability
Complaints against dentists are managed by the South Carolina Department of Labor, Licensing, and Regulation. Its Office of Investigation and Enforcement will review incoming complaints to determine whether they allege a violation of the Board of Dentistry’s practice act. Those who do will be assigned to an investigator.
Once it’s assigned, the investigator will contact the dentist and notify them about the complaint. The dentist will have a chance to respond in writing. This is a key moment during the disciplinary process. An effective and comprehensive response can set the tone for the entire investigation and can also anticipate any defenses you may want to raise later. If you are working with one of the experienced attorneys from the LLF National Law Firm’s Professional License Defense Team at this point, we can work with you to prepare your response and submit it within the timeframe set by the investigator.
We can also be with you during the interview, which is likely to take place with the investigator at some point. We will help make sure that the questions the investigator asks are clear and fair ones, and that you don’t forget something or give an answer that suggests you did not understand the question. When we are on your team, there will be no issues regarding cooperation with the investigation – failing to do so can be grounds for a separate disciplinary charge against you, but you won’t have to worry about that when one of our experienced attorneys represents you.
When the investigation is complete, there will be a meeting that will include the investigator and several others who are connected with the Board. At that meeting – called an Investigation Review Conference – they will review the results and will decide whether the matter needs more investigation, whether it should be referred to the Board for formal proceedings against the dentist, whether it can be resolved with a letter of caution to the dentist, or whether it should be dismissed. The Board will then have the final say as to what the next step is.
Help During Disciplinary Investigations
Between being interviewed and responding to information requests from the investigator, the investigation stage of the disciplinary process can be quite stressful. When you work with the LLF National Law Firm’s Professional License Defense Team, much of that burden will be lifted from your shoulders because we will be able to help.
It is almost a certainty that at some point, the investigator will want to interview you about the misconduct allegations. These kinds of interviews can be very stressful. Most of us are not used to being questioned by someone whose job it is to look into accusations that we have done something wrong. When you work with the LLF National Law Firm’s Professional License Defense Team, we can prepare you for the experience because it is very different from a normal conversation.
In particular, you will need to listen carefully to each question; make sure you understand it; and then focus your response on answering the question that was asked. The process is not one most of us are used to doing; in normal conversation, we will often talk over the other person, or anticipate what they’re asking and answer it before they get the question out, or even answer questions that aren’t asked because we think that’s what the other person is really asking.
None of that works in a formal interview. Which is why we will sometimes practice with our clients, asking them questions they are likely to hear during their interview, and helping them practice the steps of listening, understanding, formulating the answer, and then answering just the question that was asked. And, as noted above, we will be there with you to help if it looks like you’re having difficulties.
After the Investigation
When the Investigation Review Conference is complete, the Board will make a decision about what the next steps will be in your case. If the Board decides to dismiss the complaint against you, it will send you a letter notifying you of that decision, and the matter will be closed. If the Board believes that no statutory violation took place, but that it is important for you to pay close attention to a particular statute or regulation, it may elect to send you a letter of caution. This is not considered a disciplinary sanction and is not part of your public record.
In other cases, the Board may elect to file a formal complaint against you. In many cases, you will have the opportunity to resolve the matter by way of a consent agreement instead of through a formal hearing. Most disciplinary cases are resolved through consent agreements.
The experienced attorneys from the LLF National Law Firm’s Professional License Defense Team regularly negotiate consent agreements for our professional licensing clients. We understand the concerns that both the licensing board and our clients have about these types of agreements. Our goal is always to resolve matters in a way that will have as little effect on your license and your ability to practice dentistry in South Carolina’s Upcountry region (or anywhere else in the state).
Matters that do not resolve themselves in a consent agreement will proceed to a formal hearing. Hearings follow South Carolina’s Administrative Procedures Act and will resemble a court proceeding. Witnesses will be called, testimony given (and the witnesses cross-examined), and evidence will be introduced. You have the right to be represented by an attorney at your hearing. The attorneys from the LLF National Law Firm’s Professional License Defense Team regularly appear in hearings and similar types of proceedings for our clients, and we understand how to protect your rights and mount a strong defense based on the facts of your case.
Potential Outcomes
In addition to dismissing the matter after the hearing, the Board can issue sanctions against the dentist. The Board has a wide range of options when it comes to sanctioning a dentist for misconduct. Some of the typical sanctions include:
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Restricting the scope of the dentist’s practice
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Requiring the dentist to complete specific types of remedial education courses
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Placing the dentist on probation, often with additional requirements such as remedial education
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Requiring the dentist to undergo substance abuse treatment
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Restricting the dentist from prescribing or administering controlled substances
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Suspending the dentist’s license
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Revoking the dentist’s license
Remember, any public sanction becomes part of your public record and will be available to anyone who searches for your license using the Board’s license lookup tool.
The LLF National Law Firm Can Defend Your Dental License in the Greenville Area
If you are a dentist practicing in the Upcountry region of South Carolina, the LLF National Law Firm’s Professional License Defense Team can help you protect your license and your future if you have been accused of misconduct. Our experienced attorneys understand the laws, regulations, rules, and procedures that apply in these kinds of disciplinary cases. We regularly represent professional license holders – including dentists – all across the country, and we are ready to help you through what can be a very stressful and difficult time.
Don’t make the mistake of trying to defend yourself when your dental license – your most valuable personal asset – is on the line. Contact the LLF National Law Firm’s Professional License Defense Team at 888.535.3686, or fill out our online contact form. We will schedule a confidential consultation where you can tell us about the allegations that have been made against you, and we will explain how we can help.