Dentists in the Greater Harrisburg metro area, including York and Lebanon, practice in one of the most beautiful and historic places in the U.S. These dentists and their practices are governed by a complex set of professional licensing laws, which impose strict oversight. The Pennsylvania Board of Dentistry has jurisdiction over these dentists and practices in the Harrisburg area. It can charge any dentist they believe has violated state or federal regulations or standards of patient care. Some dentists in the Harrisburg area may also practice in Maryland and are therefore subject to multiple jurisdictions and state licensing boards.
Many dentists are absolutely blindsided by a complaint and find it challenging to begin taking action to defend themselves. It is critical to understand that a complaint against your dental license can result in a suspension or revocation of your license. Even if the complaint results in a lesser penalty, the record will negatively affect credentialing, job prospects, and insurance costs for decades to come. In this electronic age, an action against a dental license in one state is, in effect, an action in all states. A disciplinary action in one state is reported to other states and will affect current licenses and future licensing.
As you prepare your response, it is vital to recognize that this is not a process you should face alone. Licensing agencies like the PA Board of Dentistry have vast resources, including staff attorneys and investigators. Medical professionals are typically not trained to act as their own advocates in licensing proceedings and may quickly find themselves in over their heads. The LLF National Law Firm Professional License Defense Team is experienced and has a proven track record of representing medical and dental professionals in Pennsylvania and throughout the U.S. No matter the charges, give us a call and allow us to consult on your defense. Contact our offices today at 888-535-3686 or schedule a consultation online.
Potential Disciplinary Actions for Dentists in the Greater Harrisburg Area
Dentists practicing in Harrisburg, Lebanon, and the surrounding areas are closely supervised by the state Board of Dentistry. This Board has broad powers to investigate complaints and to censure or revoke a dentist’s license for noncompliance. These corrective actions vary from one case to another, but typically center around a few common areas. Disciplinary actions against dentists in the Harrisburg area tend to begin with either a complaint from a patient or colleague, an arrest or other criminal or legal action, or the reporting of a malpractice settlement. Investigations in Pennsylvania will involve a thorough review of patient records and documentation, as well as witness statements or other evidence.
Sanctions available to dental boards in the Greater Harrisburg Area include:
- Initial denial of a license. This involves a “red flag” from another jurisdiction or other previous disciplinary or legal action.
- Probation. Under probationary status, a dentist may continue practicing but only under the close supervision of another dentist, with frequent reviews and limits on the scope of practice.
- Admonition or censure. This is a written record of a disciplinary action kept in the dentist’s license file. While it does not limit the dentist’s ability to practice, it is discoverable by the public and can cause problems for malpractice insurance and future employment or credentialing.
- Limitation of the scope of practice. The Board has the power to limit some aspects of a dentist’s practice. They may also demand remedial requirements, such as further training, before a full scope of practice is reinstated.
- Financial sanctions. The Board may impose civil penalties or fines, particularly in cases involving fraudulent billing or harm or damage to a patient.
- Suspension of license. A suspension limits the dentist’s ability to practice for a period of time or until the dentist completes education or other remedial action. A suspension will typically limit all rights to practice and is part of the dentist’s record. Even after the license has been reinstated, a suspension creates issues for malpractice insurance, credentialing, licensing in other jurisdictions, and future job prospects.
- Revocation of license. This is the most severe disciplinary action, typically imposed only when the most serious misconduct is involved. A revocation will usually permanently end the right to practice. Reinstatement, while possible, involves a waiting period and a long process of reapplication and assessment.
If you face an investigation by the PA Board of Dentistry, a failure to comply with the investigation or otherwise answer the allegations may lead to more severe sanctions or license loss. It is important to remember that even sanctions that fall short of suspension or revocation can create future issues for the dentist who must be insured and credentialed on a regular basis. This means that a dentist will need to explain a sanction repeatedly for the remainder of their professional life.
What Could Endanger Your Dental License in the Greater Harrisburg Area?
A dental license in the Harrisburg area is subject to close scrutiny by the PA Board of Dentistry. This oversight can lead to an investigation of allegations or charges against a dentist. The investigation process is usually initiated by a patient complaint, a colleague’s report, a malpractice settlement, or a report of a legal matter or criminal arrest. The Board has broad powers to investigate complaints, including a thorough review of patient records, clinic records, interviews with witnesses, expert evaluations, criminal complaints, and other evidence.
In the Harrisburg metro area, common reasons for license investigations and actions include:
- Unprofessional Conduct, including failure to supervise, withdrawal of dental services, negligent employment of support staff, or other failure to supervise.
- Physical or sexual abuse of a patient.
- Substandard care of a patient.
- Failure to follow infection control measures.
- Unnecessarily exposing a patient to radiation.
- Drug or alcohol issues that threaten patient care.
- Violation of state or federal laws, including improper prescribing of medication.
- Conviction of a crime, particularly a crime involving sexual misconduct, drug issues, or other crimes that reflect on the dentist’s ability to practice.
Dentists may have questions on whether they face a duty to self-report in some instances, and should consult experienced legal counsel. Any dentist facing an investigation for any of these issues should contact the LLF National Law Firm immediately. In Pennsylvania, investigations can escalate quickly to license limitations and have devastating effects on the reputation and practice of the dentist under investigation. The LLF National Law Firm can begin representation immediately in the Harrisburg area, regardless of where you are in the process.
The Disciplinary Process for Dentists in the Greater Harrisburg Area
The disciplinary process for dentists practicing in the Harrisburg area involves multiple steps with the Pennsylvania Board of Dentistry. The Pennsylvania Board of Dentistry has the legal power to investigate, supervise, and discipline dentists. This disciplinary process involves the following steps:
Initial Complaint
The disciplinary process typically begins with either the filing of a complaint against a dentist or the Board initiating an investigation. A complaint is filed by a patient, a colleague, or another person with an interest. The Board will initiate a complaint after it learns of a license action in another state, an arrest or criminal conviction, a malpractice action or settlement, or other information that reflects on a dentist’s ability to practice. After the Board receives a complaint or information supporting an investigation, it assigns an initial investigator and conducts an initial assessment of the allegations’ merits and gravity.
Initial Review
Many complaints are dismissed before a full investigation because of jurisdictional issues or concerns about the adequacy of the allegations. If the complaint is deemed adequate by the Board investigator, the dentist is notified. A request for patient records, statements, or other evidence is often included with this notification.
Investigation Phase
The Board of Dentistry will conduct an investigation into the allegations, which may involve interviews with the patient, dentist, staff, or other parties. The Board may consult with experts and may subpoena records. At this point, the dentist will likely be interviewed by the investigator. No dentist should provide a statement or other evidence before speaking with an experienced, licensed defense attorney. If the investigator determines the complaint is sufficient for legal action, the Board will serve a formal complaint and notice on the dentist.
Formal Complaint and Notice
The Board of Dentistry will issue a formal statement of charges outlining the alleged violation and possible sanctions. The dentist must respond to this formal statement in writing within a specified time frame. At this point, the dentist should have a theory of the case and a consistent defense to the charges. It is vital that an experienced license defense attorney reviews and helps prepare this answer, particularly if criminal or other serious accusations are involved. All complaints are serious, but those involving criminal accusations, gross incompetence, or drug or alcohol abuse may lead to the most severe types of discipline.
Pre-Hearing Conferences and Discovery
In the Harrisburg area, the Board will schedule a pre-hearing conference to address procedural issues and attempt to reach an informal resolution of the complaint. At this stage, the Board may propose a consent agreement under which the dentist admits fault and agrees to take action to correct the issue. This type of agreement is prevalent where drug or alcohol issues are involved and typically involves an agreement to participate in treatment and drug testing as a condition to continuing dentistry practice. In other cases, the dentist may be advised to admit fault and accept lower-level discipline to avoid the possibility of more serious discipline. Every case is different, and you should consult with the attorneys at the LLF National Law Firm with questions on the settlement of particular cases. If settlement is not possible, the parties will agree on evidence collection (called “discovery”) and set forth their agreements for the hearing.
Administrative Hearing
The disciplinary charges will be heard before an Administrative Law Judge (ALJ), by the Board, or by a Committee of the Board. The administrative hearing will resemble a trial, but it is subject to less formal administrative rules. This is an opportunity for a dentist accused of wrongdoing to present evidence and testimony in support of their version of the events underlying the complaint.
Resolutions and Sanction
The Board will determine the merits of the complaint and issue a decision and a proposed sanction. If the dentist is unhappy with the decision, they may file an appeal.
Appeals and Reinstatement
The dentist may file an appeal with the district court alleging procedural or legal error by the Board. If the license is suspended or revoked, the dentist may seek reinstatement with evidence of rehabilitation, training, or other evidence of fitness to practice. The reinstatement process can be lengthy and involve multiple evaluations, applications, or peer endorsements.
The LLF National Law Firm: Defending Your Dentist License in the Greater Harrisburg Area
If you face a dental license proceeding in the Greater Harrisburg area, know that you are not alone. You are not the first dentist to face this challenge, and you certainly won’t be the last. Disciplinary actions before the PA Board of Dentistry are public records, and a written summary of the proceedings will be available to the public. It is vital to understand, however, that there are ways to avoid the worst forms of reputational damage or severe sanctions. It is important to play “the long game” and understand that your actions now will prevent a litany of issues later on related to insurance, credentialing, and other licensing issues. To protect your future job prospects and your current practice, it is essential to have a holistic defense strategy. The disciplinary process is long, and it can undermine your confidence and peace of mind. Having the right attorney in the Harrisburg area can make all the difference.
The LLF National Law Firm Professional License Defense Team is here to represent and protect dental professionals throughout Pennsylvania, including the Greater Harrisburg area. Our team’s experience and proven track record of representing all types of medical professionals will help you protect your license and livelihood. From initial investigations to the formal hearing, the Professional License Defense Team will walk with you every step of the way, minimizing the risks and safeguarding your future. Contact our offices today at 888-535-3686 or schedule a consultation online.