Expired License, Incomplete CE, and Continuing to Treat
Dr. Brooks practices in St. Louis. His Missouri dental license expired on December 31 because he did not renew; he had completed only 30 of the required continuing education hours and assumed he could renew later. He continued seeing patients for three weeks, performed two extractions, and wrote prescriptions under his name. His office manager continued billing insurance. When the Board's renewal notice finally arrived, it stated that his license was expired and that reinstatement would require a completed application, proof of CE, and fees. Dr. Brooks now has 34 hours of CE and asks whether he can simply sign the attestation, pay the fee, and keep working while the application is pending.
1. What violations has Dr. Brooks committed, and what are the likely consequences?
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He has practiced dentistry on an expired license, which is unlicensed practice and a ground for discipline. Performing extractions and writing prescriptions while unlicensed aggravates the problem because those acts are clearly within the practice of dentistry and prescription writing carries separate legal weight. Billing insurance under his name during the lapse may also create false billing and insurance-fraud exposure. Signing an attestation that he completed the required CE when he had not would be a separate falsification violation. The Board can impose discipline even though he later completes hours; the violation occurred when he treated patients without a license. Consequences may include a reprimand, probation, suspension, civil penalties, and conditions on reinstatement. The Board may also review the records of patients treated during the lapse. His prior clean record may mitigate, but it does not cure the unlicensed practice.
2. What must he do immediately, and what should he tell patients and staff?
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He must stop seeing patients and stop writing prescriptions immediately. He should cancel or reschedule appointments and arrange care with a licensed dentist for patients who need urgent treatment. He should not destroy or alter records, backdate entries, or ask staff to describe him as licensed. He should complete the remaining CE from Board-approved providers, obtain the certificates, submit a truthful reinstatement application, pay all fees and any late penalties, and cooperate with the Board. Staff should be told clearly that no clinical care or billing under his name may occur until the Board reinstates him. Patients who were treated during the lapse may need to be informed if their care was affected, and the office should have a plan for continuity. He should also check whether any prescriptions need to be transferred or refilled by a licensed prescriber. Concealment is worse than prompt self-reporting.
3. Can he practice while a reinstatement application is pending? Explain.
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No. Filing an application does not restore a license. Unless the Board has issued a valid license or other written authorization, he remains unlicensed and may not practice, hold himself out as a dentist, or write prescriptions. A pending application is not a provisional license. If he practices while the application is pending, he compounds the original violation and gives the Board a reason to deny or delay reinstatement. The lawful sequence is: stop practice, complete CE, submit a complete and truthful application, pay the required fees, respond to Board requests, and wait for written confirmation before treating anyone. If the Board offers a restricted or probationary license, he must follow those terms exactly. He should also confirm that his staff does not schedule patients or bill insurance in anticipation of reinstatement.