Dental Law Blog | The Health Law Firm Blog

Preparing for an Informal Hearing Before the Florida Board of Dentistry

By George F. Indest III, J.D., M.P.A., LL.M. Board Certified by The Florida Bar in Health Law

If you are scheduled to appear for an informal hearing before the Florida Board of Dentistry, there are a number of facts that you will want to know in order to be properly prepared. This article will cover many of them.

Limited Circumstances for Informal Administrative Hearing.

First, you should understand that you will only be at an informal hearing in which you appear before the Board of Denstistry itself for a very limited number of reasons. These will include the following:

1. If you completed an election of rights (EOR) form and agreed that you did not intend […]

By The Health Law Firm|2024-03-14T10:01:04-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

Debary Dentist Served with Emergency Suspension Order for Allegedly Inhaling Laughing Gas

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

A Debary, Florida, dentist has been served with an emergency suspension order (ESO) by the Florida Department of Health (DOH) for allegedly inhaling nitrous oxide or laughing gas in front of patients. The administrative complaint filed against the dentist on November 2, 2012, by the Florida DOH stated a department-approved evaluator deemed the dentist unfit to practice dentistry and was recommended to undergo residential treatment.

Click here to read the full administrative complaint against the dentist.

We want to point out that these are just allegations made against the dentist at this point in […]

By The Health Law Firm|2024-03-14T10:01:05-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

More Than 7,000 Patients of Oklahoma Dentist Are Being Asked to Get Tested for HIV and Hepatitis

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

The unsanitary practices of an Oklahoma dentist may have exposed more than 7,000 patients to HIV and hepatitis, according to a number of media sources and the Oklahoma Department of Health (DOH). Currently officials with the Oklahoma DOH are contacting all of the dentist’s patients since 2007, and urging them to get tested for blood-borne diseases. Since the news broke on March 28, 2013, the dentist has voluntarily closed his two offices and surrendered his dental license for 30 days.

Click here […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

Florida Law Prohibits Control of a Dental Practice by a Nondentist

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Florida has long been a state that does not prohibit the corporate practice of medicine, unlike many other states. However, it does prohibit the corporate practice of dentistry. The key provision in Florida law that establishes this is Section 466.028, Florida Statutes, but the Florida Board of Dentistry has also adopted administrative rules on this topic, as well.

What this means is that any corporation (or other type of business entity) that owns or operates a dental practice, under Florida law, must be one solely owned by and controlled by dentists. In this […]

By The Health Law Firm|2024-03-14T10:01:07-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law|

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible treatment or procedures that can resolve these issues.

The concern is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern arises if the individual contacting the dentist is in a different state from the one in […]

By The Health Law Firm|2024-03-14T10:01:08-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentistry Law, Dentists|

Dangerous Dentistry: What One Connecticut Dentist Did That Got His License Suspended

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Connecticut officials have suspended the license of an Enfield, Connecticut, dentist after a patient apparently died in the dentist’s chair on February 17, 2014. In a single visit the dentist allegedly attempted to extract 20 teeth from a 64-year-old woman who had prior health issues on record. One of the dental assistants reportedly begged for the procedure to be cut short after the patient began gurgling and lost consciousness. CPR was performed on the unresponsive patient before she was transported to a local hospital where she was […]

By The Health Law Firm|2024-03-14T10:01:09-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists, Emergency Suspension Order, ESO, Licensure matters|

Board of Dentistry Considers Adding Failure to Provide Dental Records to “Citation” Offenses

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 21, 2014, it discussed a proposed change to Rule 64B5-13.0046, Florida Administrative Code. The amendment would add a provision for failing to timely produce dental records to patients. This addition should help dentists avoid receiving permanent discipline on their records for a minor technical violation.

Considered was the addition of the following language to the existing Rule, listing citation-approved offenses:

Violation of subsection 466.028(1)(n), F.S., failure to timely make available to a patient or client, or to his legal representative or to the Department, […]

By The Health Law Firm|2024-03-14T10:01:10-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentistry Law, Dentists|

The Lone Star State’s New Task Force to Take a Bite Out of Medicaid Dental Fraud

George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

There’s a new task force riding into Texas. According to The Texas Tribune, the Texas Attorney General’s (AG) Office and the Office of Inspector General (OIG) at the Health and Human Services Commission (HHSC) have teamed up to increase investigations of fraud in the state’s Medicaid dental program for children. The article, published on October 10, 2012, states the creation of the Medicaid and orthodontic task force was created in response to a significant increase in fraud by Medicaid providers.

To read the full article from The Texas Tribune, click here.

Everything is Bigger […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dental Law, Dentist Defense attorney, Dentists|

Dentists Must Be Certain to Maintain Continuing Education Requirements

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

Those who are licensed by the Department of Health (DOH) must be sure they are maintaining their continuing education requirements by taking the required courses in a timely manner. We have attended at least one professional board meeting recently where there was concern expressed about licensees failing to meet their continuing education requirements. One estimate was that approximately sixty percent (60%) were deficient in one profession.

Failing to obtain the required courses during the time period set forth by statute and by board regulation can result in […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dentists, Licensure matters|

Florida Board of Dentistry Warns About Responding to or Consulting with Individuals Over Internet About Dental Issues

By George F. Indest III, J.D., M.P.A., LL.M., Board Certified by The Florida Bar in Health Law

At the Florida Board of Dentistry meeting held on November 15, 2013, one of the committee chairs discussed an issue that has arisen nationally that is causing dentists legal problems. The issue arises when individuals contact a dentist over the internet seeking “information” on a dental condition or problem, and possible actions or procedures that can resolve these issues.

The concern with this is that the dentist may actually be diagnosing a dental condition or problem the individual has. The bigger concern is that if the individual contacting the dentist for information is in a different […]

By The Health Law Firm|2024-03-14T10:01:43-04:00May 15, 2018|Board of Dentistry, Dentist Defense attorney, Dentists, Insurance, Licensure matters|