Practicing on a Lapsed License and Deficient CE
Dr. Robert Kim practices in Towson, Maryland. His dental license expired on December 31 of the last odd-numbered year. He submitted a renewal application on January 15, but the Board's online portal showed 'pending.' Between January 2 and January 20, Dr. Kim continued to treat 27 patients, including performing two root canals and prescribing antibiotics. His renewal packet listed 38 continuing education (CE) hours, including only 1 hour in infection control; Maryland requires 40 hours per two-year cycle, with at least 2 hours in infection control. Dr. Kim assumed that filing the renewal automatically extended his license. On January 22, the Board sent a letter stating his renewal was incomplete and that his license had lapsed. Dr. Kim argues he made an honest mistake and that no patient was harmed.
1. Did Dr. Kim violate Maryland licensure requirements by practicing between January 2 and January 20? Explain.
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Yes. A Maryland dental license must be renewed before its expiration date; filing a renewal application does not extend the license. While the application is pending, the dentist is not licensed unless the Board has issued a new license or a temporary authorization. Practicing during that gap violates the Dental Practice Act.
Dr. Kim's 'honest mistake' argument may affect penalty but not liability. Licensure is a strict requirement; the Board does not need to prove intent. He treated 27 patients, performed root canals, and prescribed antibiotics-all independent acts of dentistry. Prescribing antibiotics without a license is a separate concern.
The Board can treat the period as unlicensed practice. Aggravating factors: number of patients, invasive procedures, and prescriptions. Mitigating factors: self-report? No, he did not self-report; he continued after the portal showed pending. That weakens his position.
2. What CE deficiencies exist, and how might they affect renewal?
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His CE packet is deficient in two ways: 38 hours instead of 40, and 1 hour of infection control instead of the required 2. The Board will not renew until the deficiency is cured. He may need to complete additional CE, including the missing infection-control hour, and submit proof.
However, completing CE now does not retroactively license him for the January 2–20 period. It only makes him eligible for renewal going forward. The Board may also impose a fine or a late fee and may require an appearance.
He should not practice until the Board issues the renewed license. If he takes the missing 2 hours and submits a corrected application, the Board can process it, but the lapse remains a disciplinary matter.
3. What due process rights does Dr. Kim have if the Board seeks discipline?
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Dr. Kim is entitled to notice of the charges, a hearing before the Board (or an administrative law judge), the right to counsel, the right to present evidence and cross-examine witnesses, and a decision based on the record. He may seek a consent order or settlement. If the Board imposes suspension or revocation, he can appeal to the circuit court.
The Board cannot simply deny renewal without a basis and an opportunity to respond. But the Board can summarily suspend only in emergency circumstances; a simple CE deficiency and lapse likely does not justify emergency action. The normal process would be a show-cause order and a contested case hearing.
Practical point: the Board may offer a reprimand plus fine if he cooperates and corrects the CE deficiency, rather than suspension.