As specialized dental practice attorneys, the attorneys at Nardone Limited routinely represent dentists in Ohio State Dental Board proceedings. If the Ohio State Dental Board has contacted you about a complaint, you should contact an experienced dental practice attorney to make sure you take the right steps and have proper representation before the Dental Board. This brief overview of the Ohio Dental Board’s process for handling complaints illustrates the need for an experienced dental attorney to counsel you and represent you before the Dental Board in these serious matters.
From Complaint to Formal Charges
The Dental Board receives complaints about dentists from patients, colleagues, hospitals, and insurance companies. When the Dental Board receives a complaint, they will first determine whether the complaint alleges a violation of the Dental Practice Act. If so, the Dental Board can investigate. The Dental Board investigates issues such as: (i) failing to meet the standard of care; (ii) criminal activity; (iii) impairment issues; (iv) continuing education violations; (v) sexual misconduct; (vi) fraud; and (vii) improper prescribing.
Next, the Dental Board will gather information from patients, the dentist, and others to learn about the case. Based on the information gathered and the complaint, the Dental Board will decide whether to close the case, send a warning letter, refer the case to the Quality Intervention Program review panel (QUIP), or file formal charges.
During the investigation and even after being charged, the parties may agree to settle the matter in a consent agreement. The Dental Board will approve a consent agreement only when the agreement adequately protects the public and the dentist demonstrates accountability for the alleged behavior.
If the Dental Board files formal charges, the Dental Board sends notice to the dentist. The notice will set forth the facts, allegations, and the laws or rules that the dentist allegedly violated. The notice of formal charges gives the dentist the opportunity to request an administrative hearing. Dentists have the right to counsel to represent them at an administrative hearing.
Ohio State Dental Board Hearing
A Dental Board hearing is a formal, public proceeding that usually takes place before a Hearing Examiner. Some hearings are presented to the whole Dental Board. At the hearing, the dentist’s attorney and the state’s attorney will call witnesses, present documentary evidence, and make motions and objections as necessary.
If the hearing is before the full Dental Board, once the hearing is over, the Board will go into executive session and deliberate. After deliberation, the Dental Board will announce its decision. If the hearing is before a Hearing Examiner, the Examiner will prepare a Report and Recommendation after the hearing. The dentist and dentist’s attorney will have the opportunity to review the Report and Recommendation and submit objections to the Dental Board. The Dental Board will review the transcript of the hearing, the Report and Recommendation, and the dentist’s objections. The dentist and dentist’s attorney are also given the opportunity to address the Dental Board while a Report and Recommendation is before the Dental Board. After deliberation, the Dental Board will accept, reject, or modify the Report and Recommendation. If the dentist disagrees with the decision of the Dental Board, the dentist can appeal the decision to a Court of Common Pleas.
Contact Nardone Limited
Ohio State Dental Board proceedings can be complicated and can have serious consequences. If the Ohio State Dental Board has contacted you or if you have questions about Ohio State Dental Board proceedings, you should contact an experienced dental practice attorney at Nardone Limited. Nardone Limited, a Columbus, Ohio law firm, provides specialized dental practice representation across the state of Ohio. The dental practice attorneys and business attorneys at Nardone Limited represent dentists in such diverse areas as: (i) buying and selling dental practices, (ii) asset purchase agreements, (iii) employment contracts, (iv) labor and employment representation, (v) human resource representation, (vi) Ohio State Dental Board representation, (vii) lease agreements, (viii) real estate purchase agreements, (ix) tax planning, and (x) estate planning. Contact Nardone Limited today to discuss your practice and how Nardone Limited may help you.
