Protecting your license before the Texas State Board of Dental Examiners
The outcome of a TSBDE case ranges from a non-disciplinary remedial plan to revocation. What often separates a light outcome from a severe one is the mitigation you can show. Here is the sanctions ladder and how to prepare.
Key takeaways
- The Board’s sanctions run from an administrative penalty and non-disciplinary remedial plan up to probated suspension, enforced suspension, and revocation (22 TAC §107.206; Occ. Code §263.002).
- A remedial plan is non-disciplinary but carries a $500 fee, becomes part of the public record, and cannot be repeated within five years.
- The Board weighs aggravating and mitigating factors under 22 TAC §107.203 when setting a sanction, guided by a published Disciplinary Matrix.
- Mitigating factors expressly include self-reporting, corrective and remedial measures, acknowledgment of wrongdoing, and cooperation.
- Documented ethics and remediation education is one of the clearest ways to evidence insight before the Board decides.
The sanctions ladder, least to most severe
Under 22 Texas Administrative Code §107.206, the potential sanctions run in order of severity:
- Administrative penalty — a monetary fine for violations that do not involve direct patient care. It can accompany any of the sanctions below.
- Remedial plan — a non-disciplinary resolution in which the licensee agrees to complete certain actions or practice under certain conditions, with a $500 fee.
- Warning — the least severe disciplinary action; a letter advising the dentist to avoid the conduct in future.
- Reprimand — a formal disciplinary action recorded against the license.
- Probated suspension — a suspension for a specified period during which the dentist may keep practicing under conditions.
- Enforced suspension — the licensee may not practice for the suspension period.
- Revocation — the most severe action; the person may no longer practice and can only return by applying for a new license and meeting all Board requirements.
The Board’s authority to warn, reprimand, place on probated or enforced suspension, or revoke a license comes from Occupations Code §263.002(a).
Remedial plan vs. disciplinary action
The remedial plan is worth understanding closely because it is the best realistic outcome in many cases. It is non-disciplinary, but it is not invisible: it carries a $500 fee, its conditions are monitored by the Board’s Compliance Division, and it becomes part of the licensee’s public record. The Board cannot issue a remedial plan to a licensee who has entered into one in the preceding five years. Remedial plans are generally reserved for matters that do not involve a violation of the standard of care.
Agreed Order or contested hearing?
Most conditions are reached through an Agreed Order — a negotiated resolution that sets out the violations and the sanctions and terms the licensee accepts. Alternatively, an administrative law judge may impose conditions after a contested SOAH hearing. Typical conditions include completing continuing education on specified subjects and submitting to audits of practice procedures and patient records. Every Agreed Order and every post-hearing order must go to the Board for a vote at its quarterly meeting.
The Disciplinary Matrix and violation tiers
The Board publishes a Disciplinary Matrix — voted on by the Board and published in the Texas Register — that classifies violations and identifies recommended sanctions, giving licensees advance notice of the likely consequences of particular conduct. Violations are grouped into tiers: a first-tier violation is less serious and might result in a remedial plan, administrative penalty, warning, or reprimand, while a higher-tier violation can lead to enforced suspension until remedial measures are complete, probated suspension, denial or revocation, voluntary surrender, or a temporary emergency suspension.
Aggravating and mitigating factors
The recommended sanction is a starting point. Under 22 TAC §107.203 the Board then applies aggravating and mitigating factors to the specific case. Aggravating factors — such as previous disciplinary action — push toward more severe or restrictive action. Mitigating factors push the other way, and they are where a prepared licensee has real influence. They include:
- Self-reporting and voluntary admission of the violation.
- Implementation of remedial measures to correct or mitigate harm.
- Acknowledgment of wrongdoing and willingness to cooperate, as evidenced by accepting an Agreed Order.
- Demonstrated potential for rehabilitation.
How to build a mitigation record before your case is decided
Because the mitigating factors reward exactly what education can evidence — insight, correction, and rehabilitation — the strongest thing many dentists do between a complaint and its resolution is to act. Completing targeted courses on ethical standards, insight, and remediation produces a dated certificate you can put in front of the panel. It will not, by itself, close a case, but it converts “I understand” into a documented, verifiable step — the kind of evidence the Board’s own rules tell it to credit.
What happens if you don’t comply?
A Board Order is not optional. The Compliance Division monitors both remedial plans and disciplinary sanctions, and non-compliance can escalate quickly — to administrative penalties, enforced suspension, or revocation. Treating the terms of an order as a firm deadline, and documenting completion, is part of protecting the license you have worked to keep. If you are earlier in the process, start with who can file a complaint and the investigation process, step by step.
Related courses
The Board rewards demonstrated insight and remediation. These courses produce a certificate you can submit with your response or settlement:
These are structured ethics and professional-development courses that issue a certificate of completion — they are not accredited continuing education (CE), and completion does not resolve a Board matter. Their value is as documented evidence of insight, reflection, and remediation, which the TSBDE weighs as a mitigating factor when deciding an outcome.