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Are you being investigated as a dentist for failing to keep written dental records used to justify the course of treatment for a patient?

January 20, 2016
Est read time: 4 minutes
Category:

Have you received an administrative complaint against your dentist license for failing to keep written dental records and medical history records justifying the course of treatment of a patient? If you have, it is very important that you contact an experienced health care attorney to go over the charges. These charges are serious and can have a negative impact on your license and your ability to practice as a dentist in Florida.

The Law

The law states that disciplinary action can be taken against your license if you fail to keep records which justify the course of action you took in treating a patient. Florida law on point here is Florida Statute 466.028(1)(m). The statute says the following in particular:

1) The following acts constitute grounds for denial of a license or disciplinary action, as specified in s. 456.072(2):

(m) Failing to keep written dental records and medical history records justifying the course of treatment of the patient including, but not limited to, patient histories, examination results, test results, and X rays, if taken.

Important to note here is that the violation is the failure to keep written dental records and medical history records. These records justified the course of treatment you chose to take in treating a patient. Also important to note here is that even though the statute gives patient histories, examination results, test results, and X rays as examples of treatment, the statute is not limited to those kinds of records. If you have had complaints made against your license for violation of this statute, you should contact an experienced health care attorney immediately to go over your options. There can be severe repercussions for you if you wait.

Penalties

There are a range of actions that can be taken against you should the Board of Dentistry decide to take disciplinary action against you. The penalties you could face are found in the Disciplinary Guidelines for the Board of Dentistry, particularly in Rule 64B5-13.005 in the Florida Administrative Code. The rule states the following for disciplinary guidelines for violation of the statute:

MINIMUM:MAXIMUM:
FIRST OFFENSE:$500 fineProbation with conditions and a $7,500 fine
SECOND OFFENSE:Probation with conditions and a $1,000 fineSuspension and a $10,000 fine
THIRD OFFENSE:Probation with conditions and a $2,500 fineRevocation and a $10,000 fine

 

For a first offense, you could face a minimum penalty of a $500 fine. At a maximum you could receive probation with conditions and a fine of $7,500. With each offense, the penalties become more severe. For a second offense, you could face a minimum penalty of being put on probation with conditions placed upon your license and a fine of $1,000. At a maximum your license could be suspended and you could receive a fine of $10,000. For a minimum penalty for a third offense, you could receive probation with conditions and a fine of $2,500. At a maximum, your license can be revoked and you receive a fine of $10,000. This is very serious. You should also be aware that these are guidelines that the board should follow in handing out discipline, but are not set in stone, and can be accompanied by other penalties or deviated from. These penalties can be found in Florida Statute 456.072(2), which you should review with your health care attorney.

Aggravating/Mitigating Circumstances

The board hearing your case can take into account various factors that could affect the discipline you receive. These factors are called aggravating and mitigating circumstances. Aggravating circumstances are factors that can hurt your case. If aggravating circumstances are proven you could face harsher penalties. Mitigating circumstances are factors that can help your case. If mitigating circumstances are proven you could face lesser penalties. These factors can also be found in rule 64B5-13.005 in the Florida Administrative Code. If either side can prove with clear and convincing evidence the aggravating or mitigating circumstances, the discipline you face could be altered by the board. Here are the factors:

(2) Based upon consideration of aggravating or mitigating factors, present in an individual case, except for explicit statutory maximum and minimum penalty requirements, the Board may deviate from the penalties recommended in subsections (1) above and (3) below. The Board shall consider as aggravating or mitigating factors the following:

(a) The danger to the public;

(b) The number of specific offenses, other than the offense for which the licensee is being punished.;

(c) Prior discipline that has been imposed on the licensee;

(d) The length of time the licensee has practiced;

(e) The actual damage, physical or otherwise, caused by the violation and the reversibility of the damage;

(f) The deterrent effect of the penalty imposed;

(g) The effect of the penalty upon the licensee;

(h) Efforts by the licensee towards rehabilitation;

(i) The actual knowledge of the licensee pertaining to the violation;

(j) Attempts by the licensee to correct or stop the violation or refusal by the licensee to correct or stop the violation; and

(k) Any other relevant mitigating or aggravating factor under the circumstances.

 

The board can take into account any of these factors, or other factors, in your hearing. The board can deviate from the standard disciplinary guidelines if they find that any of these aggravating or mitigating circumstances exist. These are very important factors that you should discuss with your health care attorney.

 

Conclusion
If you are a licensed health care professional in Florida and have received an administrative complaint for violation of the statutes, you are probably concerned about how this may affect your license.  To set up a FREE no obligation consultation with Jeff Howell contact the law firm of Howell, Buchan & Strong, Attorneys at Law at 850-877-7776.  We represent licensed health care professionals and facilities statewide, including out of state clients who are concerned about the status of their Florida license

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