Dentists with Disciplinary Complaints Before the Missouri Dental Board
The Law Offices of Kevin J. Dolley defends dentists in disciplinary proceedings brought by the Missouri Dental Board. The Firm represents dentists before the Administrative Hearing Commission (AHC) and Circuit Courts throughout the State of Missouri. Our attorneys have the experience and expertise needed to successfully protect your license and career.
Complaints to the Missouri Dental Board
Complaints against dentists are filed with the Missouri Dental Board. Anyone can file a complaint, including employers and patients. The Board assigns an investigator to the case, who inquires into the allegations. This may include interviewing the dentist and/or requiring a written response. After the Board reviews the file, it either dismisses the case or takes legal action against the dentist’s license. This includes either an administrative complaint against the dentist’s license, seeking an injunction in a Circuit Court to prohibit the dentist from practicing, or both. The Law Offices of Kevin J. Dolley helps clients effectively respond to complaints and navigate the investigatory process. If representation is needed in court, the Firm has the ability and knowledge to defend dentists quickly and appropriately to avoid or limit discipline or restrictions on their ability to practice.
Injunctions Seeking to Restrict a Dentist’s Ability to Practice
If the Board believes a dentist presents a substantial probability of serious danger to the health, safety or welfare of a client or patient, it can seek injunctive relief from a Circuit Court. An injunction is a court order that prohibits, or places conditions on, a dentist’s ability to practice. If granted, an injunction can prevent a dentist from working for days, weeks, or even months. These cases usually move quickly and have serious implications for a dentist’s practice and future employment. Experienced, competent representation from a law firm equipped to defend clients on short notice is critical. Contact the Law Offices of Kevin J. Dolley today if you are a Missouri dentist facing an injunction from the Board.
Potential Discipline for Missouri Dentists
If the Board believes a violation of Chapter 332 RSMo has occurred, it can also file formal charges against a dentist’s license with the AHC. Allegations by which a dentist may be subject to discipline under Missouri law include:
- Felony or misdemeanor criminal conviction or guilty plea;
- Medication diversion;
- Drug or alcohol use, unlawful possession, intoxication or impairment;
- Incompetency, gross negligence, misconduct, fraud, dishonesty, or misrepresentation in the performance of duties;
- Violating dental regulations;
- Failure to display a license;
- Failure to maintain a safe and sanitary office;
- False or misleading advertising;
- License application issues;
- Disciplinary action by another state board;
- Probation violations.
The Missouri Dental Board Disciplinary Process
The complaint against a dentist’s license may be resolved as part of the initial investigation through dismissal or agreement between the parties as to discipline. Potential forms of discipline include censure, probation, suspension, or revocation.
If the complaint is not resolved as part of the initial investigation, it may be referred to the AHC for a hearing to determine whether the dentist’s license is subject to discipline. A hearing before the AHC is a trial-like process requiring the Board to present evidence and prove a violation of Missouri law. Dentists who prevail at this hearing face no discipline. If the AHC finds a violation occurred, the Board holds a second hearing to determine what discipline to impose. This determination is based on the findings of the AHC, the dentist’s testimony and evidence presented at the Board hearing. Legal representation is important to establish mitigating factors and ensure the lowest level of discipline possible is imposed.
Multiple State Licensing Issues
Our attorneys understand the effect disciplinary actions can have on your license, particularly if you are licensed in multiple states. Certain issues can follow you from state to state so it is important to know and evaluate your options.
Criminal Convictions and their Impact on Professional Licenses
When faced with criminal prosecution, special attention must be paid to the impact a judgment or plea agreement will have on your professional license. Many criminal convictions or guilty pleas, whether felonies or misdemeanors, must be reported to the Board. Certain crimes can result in immediate suspension of your license, while others may result in an administrative complaint. Decisions made during the criminal process, including before charges are filed, can impact your license. If you have been accused of a crime or have recently been convicted or pled guilty, please contact our professional licensing defense attorneys to discuss your options and help protect your professional license.
Dentists whose applications for licensure have been denied by the Board have the right to appeal under Missouri law. After receiving written notice of denial from the Board, a dentist may file a complaint with the AHC. A trial-type hearing then occurs and the AHC can overturn the Board’s decision to deny a dentist’s license. Legal representation is important during this process in order to ensure the proper procedures are followed and legal standards are met.
Missouri law provides dentists with revoked licenses an opportunity to apply for reinstatement provided certain conditions are met. The Law Offices of Kevin J. Dolley can help navigate this process and ensure you meet the Board’s requirements for reinstatement.
If you are notified that a complaint has been made against your Missouri dentist license, that you are accused of violating probation, or that the Dental Board is seeking an injunction against you, contact the Law Offices of Kevin J. Dolley to obtain experienced legal counsel to address the situation by calling (314) 645-4100 or by email at firstname.lastname@example.org.