Ohio State Dental Board Increasing Severity of Sanctions for Failure to Comply with Prescribing Guidelines

The dental attorneys at Nardone Limited in Columbus, Ohio continuously monitor and identify possible legal issues that may arise for our dental clients. The Ohio State Dental Board enforces state regulation of dental practices. Recently, the Ohio State Dental Board released strict new sanctions relating to writing prescriptions.

Ohio State Dental Board Disciplinary Process

The Ohio Revised Code §4715 authorizes the Ohio State Dental Board (the “Board”) to establish standards for the safe practice of dentistry and investigate evidence that appears to show that any person has violated R.C. 4715. After investigation, if the Board determines that there are reasonable grounds to believe that a violation has occurred, the Board conducts disciplinary proceedings. After the Board votes to issue formal charges, the Board sends a written notice of the formal charges to the licensee. The letter gives the licensee notice of the charges and an opportunity for a disciplinary hearing. Either after the hearing or by means of an agreement between the Board and the licensee, the Board may prescribe sanctions. Such sanctions may include mandatory continuing education, suspension of license, or revocation of license. Recently, the Dental Board published new guidelines that impose minimum penalties for prescription-related offenses that drastically impact the disciplinary process. These new minimum penalties will significantly limit negotiations during the disciplinary process for all proceedings related to prescriptions.

New Sanction Guidelines

The new guidance outlines various prescription-writing offenses and lists the minimum and maximum sanctions available for each offense. If the Board determines that a dentist prescribed, dispensed, or administered a drug for either an excessive period of time or excessive amount, the penalty can range from a ninety-day suspension with probation and continuing education, to permanent license revocation. Permanent revocation is the maximum penalty for each infraction listed on the new sanction guidelines. Failure to keep patient records of substances prescribed, dispensed, or administered carries a minimum penalty of a reprimand and probation. Thus, even if a dentist is being cautious with prescriptions, that dentist may be subject to punishment for failing to adequately record prescriptions. Dentists should record their notes about prescriptions diligently in their own charts and in the Ohio Automated Rx Reporting System (“OARRS”). See below for an excerpt from the guidelines.

Offense	Maximum Penalty	Minimum Penalty
Prescribing, dispensing or administering of any drug for excessive periods of time and in excessive amounts.	Permanent license revocation or denial of application.	Definite suspension for a minimum of ninety days and subsequent probation for a minimum of two years and continuing education.
Failing to keep patient records of substances prescribed, dispensed or administered.	Permanent license revocation or denial of application.	Reprimand and subsequent probation for a minimum of two years.
Inappropriate purchasing, controlling, dispensing and/or administering any drug.	Permanent license revocation or denial of application.	Definite suspension for a minimum of sixty days and subsequent probation for two years.

Contact Nardone Limited

The dental attorneys at Nardone Limited can provide education and training to you and your staff on the best practices for prescribing. Nardone Limited specializes in representing dental practices in such diverse areas as: (i) dental practice business succession planning; (ii) dental practice purchases and sales; (iii) dental board matters; (iv) real estate matters, including lease agreements and commercial real estate purchases; and (v) employment-related matters. Contact Nardone Limited for more information related to our employee education and training programs.