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Are you being investigated as a dentist for having disciplinary action taken against your license in another jurisdiction?

January 14, 2016
Est read time: 5 minutes
Category:

Have you received an administrative complaint against your dentist license for having your license to practice dentistry or dental hygiene revoked, suspended, or acted against in another jurisdiction? 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 here in Florida if your license to practice has been acted against in any other jurisdiction. Florida law on point here is Florida Statute 466.028(1)(b). 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):

(b) Having a license to practice dentistry or dental hygiene revoked, suspended, or otherwise acted against, including the denial of licensure, by the licensing authority of another state, territory, or country.

The important thing to remember here is that any action taken against your license to practice dentistry or dental hygiene is grounds for disciplinary action in Florida. The license does not have to be just suspended or revoked. Being denied a license in another jurisdiction could subject you to sanctions here in Florida. The other jurisdiction does not have to be just another state either. The statute says that action against your license in another territory or country can suffice. If your license to be a dentist had action taken against it in Germany, you could face a disciplinary action here in Florida, even though it is a different country. 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:$1,000 fineSuspension/denial until the license is unencumbered and active in the jurisdiction in which the disciplinary action was originally taken, or up to five years followed by probation and $10,000 fine or revocation
SECOND OFFENSE:Imposition of discipline which would have been imposed if the substantive violation occurred in Florida. Probation and $1,000 fineRevocation until the license is unencumbered in the jurisdiction in which disciplinary action was taken and $10,000 fine
THIRD OFFENSE:One year suspension followed by probation and $5,000 fineRevocation and permanent denial and $10,000 fine

At a minimum, for a first offense you could face a $1,000 fine. However, your license here in Florida could be suspended or denied until your license in the other jurisdiction is no longer encumbered by a penalty and it is active there, or for a 5 year set period of time. This would be followed by probation and a $10,000 fine. It is possible that your license could be revoked as well. It could depend on the action taken in the other jurisdiction.

The penalty becomes more severe as you face a second and third offense. At a minimum for a second offense, you could face the sample type of discipline that would have been imposed if the violation had occurred in Florida, followed by probation and a $1,000 fine. The maximum penalty for a second offense is your license is revoked until the license is no longer encumbered in the other jurisdiction and a $10,000 fine. If you are convicted of a third offense, at a minimum, you could receive a one year suspension followed by probation and a $5,000 fine. At a maximum, your license here could be revoked and permanently denied, along with 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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Contact the law firm of Howell, Buchan & Strong at 850-877-7776 to set up a FREE no-obligation consultation. Our firm represents physicians, nurses, psychologists, and other licensed professionals statewide.
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