Missouri Professional Licensing Attorney Reviews Disciplinary Decisions Of the Missouri Dental Board From The Second Half Of 2016

The Missouri Dental Board (the Board) issued five disciplinary decisions in the second half of 2016. Periodically reviewing disciplinary decisions allows a licensee to learn how the governing body decides disciplinary actions. The Board’s decisions have some precedential value to them. Consequently, the Board should try to rule on disciplinary actions consistent with its decisional history. As an ardent advocate for professional licensees in both Missouri and Kansas, Attorney Danielle Sanger carefully scrutinizes disciplinary rulings from licensing boards so she can effectively represent her clients who are facing professional discipline before those tribunals.

A dentist who operated under several Limited Liability Company (LLC) names submitted a joint stipulation of facts as well as a joint disciplinary order. The state of Missouri and the dentist reached a settlement agreement related to allegations made by the state relating to Medicaid Fraud. An investigator from the Board interviewed some of the dentist’s patients and interviewed the dentist. The investigator found billing irregularities and infection control problems. The Board filed a disciplinary action, and the parties reached a settlement. The parties agreed that the dentist could continue to practice provided that the dentist passes a jurisprudence examination within 12 months of the ruling as well as agree to regular meetings with the Board as well as advise healthcare facilities with which the dentist was associated of the Board’s decision.

Another dentist and the Board agreed upon waiving a hearing before the Administrative Hearings Commission as well as the Board and approved a resolution. The Board received a complaint from a pharmacy in Kansas City regarding prescriptions for hydrocodone. The Board employed an investigator to perform a sweep of pharmacies and the dentist’s history of writing prescriptions. The investigator found that the dentist wrote prescriptions for patients who did not require them or a family member of an employee. The dentist claimed the prescriptions were for dental pain, except one prescription. The investigator learned that the dentist diverted the prescriptions to himself. The dentist subsequently admitted having a drug and alcohol problem. He attended treatment programs voluntarily. The parties agreed the dentist should be on probation for five years. The dentist agreed to continue with the Board’s wellness program as well as submit to random drug testing and alcohol screening.

The Board revoked one practitioner’s license. According to the order issued by the Board, the dentist defaulted at the administrative hearing after being duly served with notice to appear. The dentist failed to appear. Additionally, the dentist failed to appear before the Board for a final hearing. Accordingly, the Board entered an order of default and consequently revoked the dentist’s license to practice in Missouri.

In another disciplinary action, the dentist and Board entered into a joint stipulation. The factual allegations involve the dentist prescribing a drug for his wife that was beyond the scope of his practice.  This lead to an additional investigation. The investigator found that the dentist wrote prescriptions that were not properly recorded. Additionally, the investigator found the dentist did not conduct weekly spore testing and did not have sufficient continuing education credits. The dentist rectified the deficiencies in his record keeping. Accordingly, the parties agreed that the dentist should be censured for his failures.

Lastly, a dentist and the Board agreed to a censure when the dentist did not document all prescriptions written for her patients. The prescriptions were either not documented at all or insufficiently documented, thus requiring censure.

Do Not Face Any Disciplinary Board Alone

A professional licensee must not take the threat of disciplinary action lightly. You must consult an experienced and successful professional licensing attorney before even responding to the allegations or an investigator comes to speak to you. Call Kansas Professional Licensing Defense Attorney Danielle Sanger at 785-979-4353 if the Board contacted you. Attorney Sanger is dedicated to protecting the livelihood of dentists and other professional licensees in Kansas and Missouri.

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