The disciplinary process for a dentist faced with a Board complaint or an applicant seeking licensure is daunting. Each step requires an attorney who can guide a dentist through the process and provide sound, thoughtful legal advice at each step so the dentist is in the best position to understand the consequences of each action and make the best decision for him or her, depending on his or her unique facts.
As a previous General Counsel for the Texas State Board of Dental Examiners (TSBDE), Phong Phan, Esq. has focused his practice on defending dentists and other health-related professionals against Board complaints and disciplinary proceedings, as well as those seeking licensure in the State of Texas.
To address your specific requirements and arrange for a free consultation, please contact us online or call (512) 524-1620 today.
Understanding the Board Complaint Process
What to do if a TSBDE complaint is received
Complaints arrive at the Texas State Board of Dental Examiners (TSBDE) from different sources, but the primary source of complaints are based on those that the dentist knows well, either a former patient or a current patient. The complaint can arrive at the Board involving a patient seen by another dentist, with the other dentist serving as the source of the complaint.Read more>>
The Complaint Process at the Texas State Board of Dental Examiners
During the Texas State Board of Dental Examiners’ disciplinary complaint process, it is important to realize and recognize that there are attorneys and law firms that are dedicated strictly to defending dentists with respect to complaints brought by the Texas State Board of Dental Examiners that affect their licenses. The Phan Law Firm, P.C., is proud to consider itself in this group and as one of the leaders in this area, devoting its practice to defending dentists and other professionals.
Dentists will receive written notification from the Texas State Board of Dental Examiners that they are being investigated. The written notification will contain each allegation of wrongdoing. Unlike other Boards, in this initial notice of complaint letter, the Texas State Board of Dental Examiners does not specifically alert the dentist, referred to in this setting as the Respondent, that he or she is empowered and entitled to hire the assistance of an attorney. Read more>>
A Finding(s) During the Investigatory Process of a Violation(s) and the Informal Settlement Conference
Suppose the Texas State Board of Dental Examiners believes, during the course of its investigation, as the case was reviewed by another dentist utilized by the Texas State Board of Dental Examiners for that purpose, that a dentist has committed violations. In that case, it will alert the dentist as to this determination and afford the dentist an opportunity to appear before Board members, who are primarily dentists, Board staff, and Board staff attorney(s), to visit about the matter in a one-on-one setting. This process is referred to as an Informal Settlement Conference.
Although it is referred to as “informal,” it is anything but informal as this is a procedure that requests the dentists to appear to answer questions from Board members and Staff and to defend his or her conduct. Prior to the Informal Settlement Conference, the Texas State Board of Dental Examiners will have provided the dentist with written information as to its proposed findings and areas it believes have been violated. A dentist must know that this is not a mandatory appearance and that if the dentist does opt to appear, he or she is allowed the presence of legal counsel throughout the Informal Settlement Conference alongside the dentist and can fully participate. Decisions as to whether to appear, what to present, and how it should be presented are determined with the assistance of the Phan Law Firm, P.C., prior to this conference. Read more>>
Experienced Texas Board of Nursing (BON) Defense LawyerDo I Need to Hire an Attorney? What Type of Attorney Should I Hire?
Mr. Phan is familiar with the many types of alleged violations facing a dentist and the different issues presented with each of the alleged violations of practice. Mr. Phan fully understands the disciplinary process during all phases, having prosecuted countless hundreds of violations of the Dental Practice Act and the Board’s rules.
Mr. Phan, who was entrusted to handle the entirety of the disciplinary cases at the Texas State Board of Dental Examiners during his time as the head attorney for the Texas State Board of Dental Examiners, has used what he attained at the Texas State Board of Dental Examiners to defend Texas dentists in Board disciplinary complaints successfully.
Dentists provide meaningful care to patients. Their standing in the community, both to the public and among peers, has been forged through hard work and determination. Thus, even dentists who practice diligently may find themselves facing a complaint. The firm understands and appreciates the feelings of stress, anxiety, and angst associated with receiving a Texas State Board of Dental Examiners complaint letter alleging serious allegations of misconduct. The firm understands that a dentist’s reputation, good standing, and livelihood are at stake. Due to this understanding, the firm appreciates that this occurrence has concrete effects on real people, affecting the dentist’s ability to practice and care for patients. As such, the firm defends each and every case it handles with the utmost seriousness..
In private practice for the past few decades, Mr. Phan has focused his practice exclusively on defending dentists and other health-related professionals against Board complaints and disciplinary proceedings, and he has assisted applicants seeking licensure in the State of Texas. The disciplinary process for dentists is well known to Mr. Phan, who previously served as the head attorney for the Texas State Board of Dental Examiners, a staff attorney with the Texas Board of Nursing, and a former State of Texas prosecutor.
As one can see, the process is daunting, and each step requires an attorney who can guide a dentist through that process and provide sound, thoughtful legal advice at each step so that the dentist is in the best position to understand the consequences of each action and make the best decision for him or her depending on his or her unique facts. Candidly, the decision to hire an attorney is critical and important, one that is not to be taken lightly.
Given the years of education and training of dentists, the firm expects that each potential client will continue to do his or her due diligence in researching an attorney and find an attorney and firm that can best, because of the unique and right experience, utilize that to assist the dentist in obtaining the right result for him or her. One of the key considerations, the firm believes, is whether that attorney has experience with the Texas State Board of Dental Examiners and has defended dentists before the Texas State Board of Dental Examiners. The Phan Law Firm is this firm.
If there is a way, Mr. Phan will find it!
Mr. Phan is a fighter! He never gives up on a case, and if there is a way, he will find it!
Mr. Phan calmly and professionally guided me through every step of a very stressful situation. He is extremely knowledgeable and attentive, and I was completely exonerated thanks to Mr. Phan’s assistance. I highly recommend his services if you are in need.
Careful Listener that Successfully Defended My Case
When a complaint was filed with Texas BON, I thought I would explain my situation to Texas BON nurses, and they would understand. I did not know that the Texas Board of Nurses uses criminal justice professionals using criminal justice procedures to investigate all complaints. I did not know that the Texas BON would be so sternly opposed to any explanation. I did not know that the Texas BON would be so unwavering and relentless in their prosecution. The complaint lodged against me was complicated, and the stress of defending myself alone was debilitating. That is until I met Mr. Phan at the Phan Law Firm. Mr. Phan understands the Texas BON. He listened carefully and successfully defended my case. I owe him and his expertise a debt of gratitude and I am more than happy to share my story with anyone who asks.
The Right People to Handle my Case
When your career and license are on the line, hire the right Attorney. Mr. Phan and his team are well-versed in Professional License Defense and will guide you judiciously (and keep you informed) through your legal issues every step of the way. I hired him to handle a legal issue with the Texas State Board of Nursing; I am glad I came to the right people to handle my case. I am extremely grateful and appreciate all the hard work; it’s been quite a journey, and I am grateful for the final outcome. Thanks to you and your team, a big weight has been lifted off my shoulders.
Mr. Phan did a wonderful job as an attorney. I was very pleased with all services provided and would give anyone requesting his services a 10 star review and to please use him.
Exceptional Legal Prowess and Knowledge
Phong has represented me in a couple of license defense matters over many years. He became more than a defense attorney, more than a professional service provider, he became a friend because he, without question, delivers his exceptional legal prowess and knowledge with that special quality of humanity, empathy. His guidance and personal interest in my circumstances have been much more than fulfilling a legal contract for services; he has demonstrated such strategic and insightful assistance throughout these two rather protracted cases of mine as to assure my confidence in the process.
It is my honor and privilege to have the opportunity to provide feedback to him because I believe it is important for him to know just how much his kind of professional service means to me as both a client and friend. I’m very confident in recommending his firm’s service to all in need.
Calm, Empathetic and Experienced
A Big Win for a Tough Case
I am a registered nurse; Mr. Phan helped me out with a very serious issue with the Texas Board of Nursing. A former patient reported me to the management of the hospital where I was working. Management forwarded the complaint to the Texas Board of Nursing, and boundary/ HIPPA violations were filed against me.
After two long years, my options appeared limited, and the likelihood of a satisfactory resolution seemed nigh on impossible, but Mr. Phan got me sorted out. He fought the board so hard from emergency revocation/voluntary surrender to probation with remedial classes. A big win. I am very grateful for Mr. Phan’s service, and I recommend him for tough cases.
The Do It All Twins
Phong is a great and fantastic attorney. He is a good listener, very detailed, keeps to appointments, and a fighter with a compassionate heart. His wealth of knowledge and experience helped me navigate through this nerve-wracking period. Every step of the way, Phong explained to me the details of the case, what questions to expect, and what the board inferred from my case, made me aware of the facts in my case and how to answer questions, and he prepared me well for court. He was able to settle my case through mediation and achieved a dismissal.
His thorough, aggressive wealth of knowledge and education cannot be underestimated. Words cannot express the heartfelt gratitude I owe him for successfully bringing my case to a dismissal. I highly recommend him.