Becoming a dentist in Illinois was a result of years of hard work and dedication. Practitioners have spent valuable time and resources studying to be dentists and becoming licensed by the Illinois Board of Dentistry (Board). The requirements for becoming a dentist are stringent, including education requirements and other requirements. In addition, many dentists spend years developing and growing their practice. However, if you are found to have violated professional standards or engaged in misconduct, the Board is granted the authority to take disciplinary action against you, which could potentially lead to a loss of your license and the income and prestige that go along with it.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending dentists against allegations of misconduct. We are available to help throughout the State of Illinois and can represent you before the Board throughout the Rockford Metro Area, including Rockford, Freeport, and Rochelle.
Our team provides services in all areas related to dentist license defense, regardless of whether you work in a solo practice or as part of a large network. Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
Practice of Dentistry in the Rockford Metro Area
The practice of dentistry is diverse in the Rockford Metro Area, from small one or two-dentist offices to larger networks of dentists. Regardless of the size of your practice or specialty, the Board is authorized by Illinois law to regulate and license any person who practices dentistry in the State of Illinois. In addition to the Board’s role in licensing dentists and setting standards for continuing education, it is also in charge of disciplining dentists who violate Illinois state laws, rules, and regulations related to their license.
Under Illinois state law, the Board generally has broad authority to suspend or even revoke the license of a dentist. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the Board. Let the LLF National Law Firm’s Professional License Defense Team assist you so that you can preserve your license and continue your valuable practice.
Conduct That Is Grounds for Discipline of Dentists in the Rockford Metro Area
The State of Illinois has specific laws, rules, and regulations that govern the practice of dentistry. Generally speaking, these are designed to ensure that dentists conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss or suspension of your license for the most serious infractions. There is a wide range of actions that can cause a dentist to be subject to discipline, including:
- Fraud or misrepresentation in applying for or procuring a license, or in connection with applying for renewal of a license.
- Inability to practice with reasonable judgment, skill, or safety as a result of habitual or excessive use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug.
- Willful or repeated violations of the rules of the Board of Public Health.
- Acceptance of a fee for service as a witness, without the knowledge of the court, in addition to the fee allowed by the court.
- Division of fees or agreeing to split or divide the fees received for dental services with any person for bringing or referring a patient.
- Employing, procuring, inducing, aiding, or abetting a person not licensed or registered as a dentist or dental hygienist to engage in the practice of dentistry or dental hygiene.
- Making any misrepresentations or false promises, directly or indirectly, to influence, persuade, or induce dental patronage.
- Professional connection or association with or lending his or her name to another for the illegal practice of dentistry by another.
- Obtaining or seeking to obtain practice, money, or any other things of value by false or fraudulent representations.
- Practicing under a false or, except as provided by law, an assumed name.
- Engaging in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud, or harm the public.
- Conviction under the laws of any jurisdiction of the United States of a crime that (i) is a felony under the laws of this State or (ii) is a misdemeanor, an essential element of which is dishonesty, or that is directly related to the practice of dentistry.
- Permitting a dental hygienist, dental assistant, or other person under his or her supervision to perform any operation not authorized by law.
- Permitting more than 4 dental hygienists to be employed under his or her supervision at any one time.
- A violation of any state law or any rules related to dentistry.
- Violating any provision of Illinois law relating to advertising.
- Discipline by another U.S. jurisdiction related to the practice of dentistry.
- Willfully failing to report an instance of suspected child abuse or neglect.
- Gross negligence in the practice of dentistry.
- The use or prescription for use of narcotics or controlled substances or designated products in any way other than for therapeutic purposes.
- Willfully making or filing false records or reports in his or her practice as a dentist.
- Professional incompetence as manifested by poor standards of care.
- Physical or mental illness, including, but not limited to, deterioration through the aging process, or loss of motor skills which results in a dentist’s inability to practice dentistry with reasonable judgment, skill, or safety.
- Gross or repeated irregularities in billing for services rendered to a patient.
- Continuing the active practice of dentistry while knowingly having any infectious, communicable, or contagious disease.
- Abandonment of a patient.
- Mental incompetency as declared by a court of competent jurisdiction.
- A finding by the Board that the licensee, after having his or her license placed on probationary status, has violated the terms of probation.
- Material misstatement in furnishing information to the Board.
- Failing, within 60 days, to provide information in response to a written request by the Board in the course of an investigation.
- Immoral conduct in the commission of any act, including, but not limited to, the commission of an act of sexual misconduct related to the licensee’s practice.
- A pattern of practice or other behavior that demonstrates incapacity or incompetence to practice.
- Failure to establish and maintain records of patient care and treatment.
- Failure to provide copies of dental records as required by law.
- Failure of a licensed dentist who owns or is employed at a dental office to give notice of an office closure to his or her patients at least 30 days prior to the office closure.
- Failure to maintain a sanitary work environment.
Many of these violations are clear-cut and straightforward. However, reasonable minds can differ, for example, about what constitutes professional incompetence. The LLF National Law Firm has seen many instances where charges are brought against dentists based on faulty evidence or little to no evidence at all.
As discussed below, oftentimes the Board will take the word of patients or others at face value instead of critically examining any mitigating or exculpatory evidence. This leads to overcharging or even bringing a complaint that is completely baseless. The LLF National Law Firm will fight these charges and/or negotiate with the Board to a mutually acceptable conclusion. Many times, the Board will react positively to the presentation of mitigating evidence by a qualified attorney. The Board may realize that the charges are without merit or unprovable. Hiring our Professional License Defense Team gives you the best chance to obtain a positive outcome.
What Happens After Allegations of Misconduct Are Made Against a Licensed Dentist
Under Illinois law, upon the motion of the Board or upon the verified complaint in writing, the Board shall investigate the actions of the licensee. All such motions or complaints shall be brought to the Board.
Prior to taking an in-person statement from a dentist or dental hygienist who is the subject of a complaint, the investigator shall inform the dentist in writing:
- that the dentist is the subject of a complaint;
- that the dentist need not immediately proceed with the interview and may seek appropriate consultation prior to consenting to the interview.
If the Board concludes on the basis of a complaint or its initial investigation that there is a possible violation of the Act, the Board may:
- schedule a hearing pursuant to this Act; or
- request in writing that the dentist or dental hygienist being investigated attend an informal conference with representatives of the Board.
The request for an informal conference shall contain the nature of the alleged actions or inactions that constitute the possible violations.
A dentist shall be allowed to have legal counsel at the informal conference. If the informal conference results in a consent order between the accused dentist and the Board, the consent order must be approved by the Secretary. However, if the consent order would result in a fine exceeding $10,000 or the suspension or revocation of the dentist’s license, the consent order must be approved by the Board.
The Secretary of the Board shall, before taking any disciplinary action, at least 30 days prior to the date set for the hearing, notify the respondent in writing of any charges made and the time and place for a hearing of the charges before the Board.
In any hearing, the Board must give the dentist full opportunity to file pleadings, objections, motions, briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders. The dentist has the right to have an attorney present during all stages of the investigation and hearing. After the hearing, the Board will issue a final order. A dentist may challenge the final order in court or ask that it be reconsidered.
Notably, a proceeding with the Board is not a full-scale legal proceeding. Although some legal principles are used, the procedural rules and other protections are not as robust as those that are commonly available in a court of law. For example, the dentist may not have the absolute right to confront an accuser, and the lack of application of the rules of evidence may allow questionable evidence to be admitted.
This makes it crucial to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you. Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process and may be able to get a complaint dismissed or come to a satisfactory agreement with the Board before formal proceedings have commenced.
If the dentist is found guilty, the Board may do one or more of the following:
- Reprimand of the licensee
- Put the licensee on probation under a variety of terms
- Suspend the license
- Permanently revoke the license
- Other disciplinary or non-disciplinary action as the Board may deem proper, including imposing fines not to exceed $10,000 per violation
Regardless of the potential consequences, any finding of guilt could have serious consequences for your career.
Why You Should Hire a Lawyer
Although you have the absolute right to defend yourself in any proceeding before the Board, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without a qualified attorney by your side. Even if your license is not revoked or suspended, your job may be in jeopardy if you are employed by a larger practice group.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the Board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings, where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the Board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The LLF National Law Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with dentists in the Rockford Metro Area and nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
- Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
- If a negative outcome results from the hearing, filing an appeal in the Illinois court system to vindicate your rights
Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional License Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.