Dental License Defense

As healthcare professionals, dentists are under significant pressure to perform at a high level every day. That kind of stress sometimes manifests itself through behavior that is frowned upon or banned by licensing boards. When such behavior threatens to destroy your professional credibility, the pressure intensifies.

At The Law Offices of Brian E. Quinn, we work with dentists who are being investigated for actions that could threaten their licenses and therefore their livelihoods. If you are a dentist accused of unlawful or criminal behavior, our Philadelphia dental license defense lawyers are here to help.

You Received A PHMP Application. Should You Call A Lawyer?

The Professional Health Monitoring Program (PHMP) is usually notified of complaints made against dentists when the complaint is related to drugs or alcohol. You may have received an application in the mail asking you to enroll in the program. You should know that completing the form and sending it in may limit your rights.

The time to contact an attorney is now. Do not risk signing away your rights by entering the program without legal advice. The license defense attorneys here at The Law Offices of Brian E. Quinn can advise you on whether completing the application is the right choice in your situation.

The Physicians Health Program (PHP)

The PHP is operated by the Foundation of the Pennsylvania Medical Society and is designed to provide support and advocacy to dentists dealing with addiction, mental health problems and other personal issues. The PHP typically asks dentists to sign a five-year contract. As a program requirement, the dentist undergoes an assessment by a treatment provider to determine what course of treatment would be most helpful. The dentist will also be required to attend 12-step meetings and group and/or individual therapy and pass randomized urine tests.

PHP is confidential, but a dentist must notify his or her employer of enrollment. The employer will be required to periodically report to PHP. Before dealing with PHP, make sure you reach out to an attorney with experience handling addiction issues.

Professional Health Monitoring Program (PHMP)

PHMP is a program seeking to provide treatment for dentists, doctors, nurses and other professionals who are suffering from a physical or mental impairment due to drug or alcohol addiction. The PHMP includes two programs, the Voluntary Recovery Program (VRP) and the Disciplinary Monitoring Unit (DMU).

• Voluntary Recovery Program (VRP): To be eligible for VRP enrollment, a dentist must enter into a consent agreement with the licensing board for a term of at least three years. Once enrolled, disciplinary action against the dentist is not taken as long as the dentist abides by the conditions of his or her treatment program. If the program is not followed, the dentist’s license is automatically suspended for three years. Participation in this program is not made public if the treatment is completed successfully.
• Disciplinary Monitoring Unit (DMU): If a dentist is put on probation by the State Board of Dentistry, the DMU monitors that probation to assess whether the dentist is complying with all terms imposed by the licensing board. All of the Bureau of Professional and Occupational Affairs (BPOA) licensing boards may refer dentists to the DMU for monitoring.

Dealing With Underlying Issues

When you hire The Law Offices of Brian E. Quinn, our legal team will not only examine the evidence related to your administrative hearing, but also look at the core factors that have led to an investigation. By taking the time to understand the issues, we can help you take voluntary, proactive steps to get the assistance you need and avoid the loss of your dental license.

Common Questions About Dental License Defense In Pennsylvania

Dentists facing license investigations often have urgent questions about their rights and obligations. Here are answers to questions we frequently hear from Pennsylvania dental professionals:

Can an investigator from the Bureau of Enforcement and Investigation(BEI) show up unannounced at my Philadelphia dental office?

Yes. Investigators from the Pennsylvania Bureau of Enforcement and Investigation (BEI) have the authority to arrive at your practice without prior warning to investigate a complaint. But they must enter and inspect dental facilities and patient records under statutory authority.

While dentists may decline to give a verbal statement without an attorney present, they must allow inspection of office records and premises. You have the right to politely decline answering detailed questions until you secure legal representation.

Allow the investigator to inspect your facility if required, but do not make statements about the complaint or your practice methods without an attorney present. Anything you say during an unplanned interview can hurt your defense later, even if you believe you are simply clarifying a misunderstanding.

What happens if I receive an “Order to Show Cause” in the mail?

An “Order to Show Cause” is the formal charging document the Commonwealth issues when it has sufficient evidence to pursue disciplinary action against your dental license. This document is serious, so never take this lightly.

You have exactly 30 days from the date of the order to file a formal, legally formatted written Answer. If you miss this deadline, the Board may enter a default judgment against you, which often leads to immediate license suspension or revocation. Your Answer must respond to each allegation in the Order to Show Cause.

Simply ignoring the document or sending an informal letter will not protect your license. The 30-day deadline is strict, and the Board rarely grants extensions. Contact a dental license defense attorney as soon as you receive it so you have time to prepare a proper response.

How long do I have to report a DUI or criminal conviction to the Pennsylvania State Board of Dentistry?

Pennsylvania law requires licensed dentists, hygienists and Expanded Function Dental Assistants (EFDAs) to report any criminal conviction (including a DUI or misdemeanor plea) to the State Board of Dentistry within 30 days of the verdict or plea.

Under Pennsylvania law, licensed professionals must report criminal convictions, guilty pleas or formal court dispositions (including acceptance into Accelerated Rehabilitative Disposition) to the State Board within 30 days of the disposition date.

Failing to report the conviction within this strict timeframe is considered an independent ethical violation. The Board often imposes harsher disciplinary action for the failure to report than it does for the underlying offense itself. If you face criminal charges, notify the Board within 30 days of any conviction or plea agreement.

Document the date you sent the notification. This protects you from additional charges of dishonesty or failure to comply with reporting requirements.

The Call To Make If Your Dental License Is In Jeopardy

When your occupation and your professional standing are threatened, The Law Offices of Brian E. Quinn can help. To discuss an impending administrative hearing or any other aspect of the professional license defense process, call 866-657-7318. You can also contact our Philadelphia law firm online.