Dentists practicing in the Youngstown-Warren Metro Area are regulated and examined by the Ohio Dental Board (Board). As a licensed dentist, you are entitled, due to your hard work and expertise, to work as a licensed physician. Your license grants you professional income, security, and standing. However, the Board is granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules. Many times, allegations that a dentist has violated a rule are based on a misunderstanding, or even a personal grievance held by a patient. Regardless of whether any allegation has merit, it is important to take it seriously and address any complaint as soon as possible.
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 Ohio and can represent you before the Board throughout the Youngstown-Warren Metro Area, including Youngstown, Warren, and Salem.
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 Youngstown-Warren Metro Area
The practice of dentistry is diverse in the Youngstown-Warren 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 Ohio law to regulate and license any person who practices dentistry in the State of Ohio. 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 Ohio state laws, rules, and regulations related to their license.
Under Ohio 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 Youngstown-Warren Metro Area
The State of Ohio 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:
- Employing or cooperating in fraud or material deception in applying for or obtaining a license or certificate
- Obtaining or attempting to obtain money or anything of value by intentional misrepresentation or material deception in the course of practice;
- Advertising services in a false or misleading manner
- Commission of an act that constitutes a felony
- Commission of an act in the course of practice that constitutes a misdemeanor
- Engaging in lewd or immoral conduct in connection with the provision of dental services
- Selling, prescribing, giving away, or administering drugs for other than legal and legitimate therapeutic purposes
- Providing or allowing dental hygienists expanded function as dental auxiliaries
- Inability to practice under accepted standards of the profession because of physical or mental disability, dependence on alcohol or other drugs, or excessive use of alcohol or other drugs
- Violation of any provision of this chapter or any rule adopted thereunder
- Failure to use universal blood and body fluid precautions
- Either of the following: (a) Waiving the payment of all or any part of a deductible or copayment that a patient if the waiver is used as an enticement to a patient or group of patients to receive health care services from that license holder; (b) Advertising that the certificate or license holder will waive the payment of all or any part of a deductible or copayment that a patient
- Failure to cooperate in an investigation conducted by the Board
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 Ohio law, the Board cannot revoke or suspend the license of an Ohio dentist without notice and a hearing. However, the Board may take immediate action if any allegation rises to the level that the public interest must be protected.
If the evidence is sufficient, the case will be prepared for a hearing, and formal charges will be drafted with the assistance of an Assistant Attorney General from the Ohio Attorney General’s Office. The notice of formal charges is often referred to as a citation letter. Once the charges are drafted, the notice/citation letter is reviewed in final form by the Board Secretary and Assistant Attorney General. The citation letter is then submitted to the full Board at the next meeting, and the Board votes as to whether the letter should be sent.
When the Board votes on these matters, the letter does not contain the name of the individual charged; rather, the case number is used. If the Board votes to send the letter, the name and address will then be inserted when the mailing occurs. After the members of the Board vote to issue formal charges against a licensee, the citation letter will be sent to the licensee. The letter gives written notice of the charges and provides the licensee with the opportunity to request an administrative hearing.
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 dentist
- Put the dentist on probation under a variety of terms
- Limit/restrict the dentist’s license (limit the types of procedures that the dentist can perform)
- Suspend the license of the dentist
- Permanently revoke the license of the dentist
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 Youngstown-Warren 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 Ohio 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 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.