Dental License Defense
Representation Before the State Board of Dentistry
The State Board of Dentistry licenses dentists and dental hygienists, certifies expanded function dental assistants and public health dental hygiene practitioners, and issues the permits required to administer anesthesia and sedation. The Board enforces standards governing patient care, prescribing, records, supervision of auxiliary staff and advertising.
Board matters commonly arise from patient complaints about treatment, insurer audits, controlled substance prescribing, anesthesia incidents and allegations of impairment. Because the Dental Law requires the reporting of certain anesthesia events and of impaired practitioners, a matter may reach the Board from a hospital, a colleague or the dentist's own report.
Mimm Law, LLC represents dentists, hygienists and expanded function dental assistants at every stage of a Board matter, including matters involving the Professional Health Monitoring Program.
Governing Law
- Board
- State Board of Dentistry
- Statute
- The Dental Law, 63 P.S. § 120 et seq.
- Regulations
- 49 Pa. Code Chapter 33
- Licensees
- Dentists, hygienists and EFDAs
- Renewal
- Biennial; licenses expire March 31 of odd-numbered years
Who the Board Regulates
- Dentist license
- Dental hygienist license
- Public health dental hygiene practitioner certificate
- Expanded function dental assistant (EFDA) certificate
- General anesthesia, sedation and nitrous oxide/oxygen analgesia permits
- Volunteer license
- Restricted faculty license
Grounds for Discipline
Section 4.1 of the Dental Law authorizes the Board to discipline a licensee or certificate holder for, among other things:
- Lacking the qualifications required for licensure
- Misleading, deceptive, untrue or fraudulent representations, including false advertising
- Fraud or deceit in obtaining a license, or a false statement on renewal
- Conviction of a felony or a crime of moral turpitude, including a plea of nolo contendere
- Discipline in another jurisdiction
- Knowingly associating professionally with a person who is violating the Dental Law, or aiding unlicensed practice
- Unprofessional conduct, meaning a departure from acceptable standards of practice
- Gross negligence, malpractice or incompetence
- Inability to practice with reasonable skill and safety because of illness, substance use or a mental or physical condition
- Violation of the Dental Law or the Board's regulations
Sanctions the Board May Impose
The Board may deny an application, issue a public reprimand, revoke, suspend, limit or restrict a license, require treatment, require additional education and testing, impose probation, order restitution, or restore a license subject to conditions. A license is automatically suspended upon a felony conviction under the Controlled Substance, Drug, Device and Cosmetic Act. A revoked licensee may not reapply for five years, and reinstatement after a revocation or suspension for a felony drug conviction may be sought only after ten years. The Board must temporarily suspend a license when it determines there is an immediate and clear danger. The Dental Law itself provides for a Board civil penalty of up to $1,000 (the Chapter 31 power to impose up to $10,000 per violation also applies).
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Anesthesia Permits
A dentist who administers general anesthesia, sedation or nitrous oxide must hold the appropriate permit, which requires an office inspection and clinical evaluation. Deaths and unusual incidents requiring medical care after anesthesia must be reported to the Board within 30 days.
Supervision of Auxiliaries
Hygienists and expanded function dental assistants work under the level of supervision the Law requires, and the Law lists procedures an EFDA may not perform. The supervising dentist shares responsibility for delegated care.
Insurance, CPR and Continuing Education
Dentists must maintain the required professional liability coverage and current CPR certification, and must complete 30 hours of continuing education each biennial period (20 for hygienists and 10 for EFDAs).
Matters We Handle
- Patient complaints concerning treatment or outcomes
- Prescribing practices and controlled substances
- Recordkeeping, billing and insurer audit findings
- Anesthesia and sedation permit issues
- Referrals to the Professional Health Monitoring Program
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
A patient filed a complaint about a crown that failed. Will I be disciplined?
An unsuccessful outcome is not, by itself, a violation. The Board's inquiry is whether care met acceptable standards and was properly documented. The patient chart, radiographs and informed consent documents are usually central, and they should be produced complete and unaltered.
Is the Voluntary Recovery Program available to dentists?
Yes. The State Board of Dentistry participates in the Professional Health Monitoring Program. Under the Dental Law, the Board may defer and ultimately dismiss corrective action for an impaired professional who enters an agreement with the Board and progresses satisfactorily in an approved treatment program (this is not available after certain controlled-substance felony convictions); the agreement should be reviewed with counsel.
Can I be disciplined for my hygienist's or assistant's conduct?
Yes. A dentist who permits an auxiliary to perform services beyond the scope the Law allows, or who fails to provide the required supervision, may be disciplined in addition to the auxiliary.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.