NC Dental Board Defense Attorney

Defending North Carolina Dentists Before the Board of Dental Examiners

If you’re a dentist in North Carolina facing a complaint, investigation, or disciplinary action, your professional reputation, license, and livelihood are on the line. The North Carolina State Board of Dental Examiners (NCSBDE) regulates the practice of dentistry under Article 2 of Chapter 90 of the North Carolina General Statutes and Title 21, Chapter 16 of the North Carolina Administrative Code.

The Board’s mission is to protect the public—not to represent licensees. When your practice is under scrutiny, having a professional license defense attorney can make the difference between a dismissed complaint and a disciplinary order that follows you for life.

The Complaint and Investigation Process

Complaints may originate from patients, former employees, insurers, or other practitioners. Once received, the Board may:

  1. Open an investigation and gather records or testimony under § 90-27, which authorizes the Board to issue subpoenas and compel cooperation.

  2. Notify the licensee of the allegations and request a written response.

  3. Refer the matter to the Board’s disciplinary committee or Board counsel for review.

In some cases, the Board’s investigator may contact you directly for an interview or site inspection. What you say—or fail to say—at this stage can significantly influence the outcome.

Having counsel help you respond ensures that all communications are accurate, complete, and strategically protective of your rights.

How an Attorney Can Help

At Brooks Peterson PLLC, we help dentists:

  • Respond to Board complaints clearly and strategically

  • Communicate with investigators without self-incrimination

  • Prepare for disciplinary hearings before the NCSBDE

  • Negotiate consent orders or settlements that protect licensure

Pursue appeals of unfair Board actions

The Board’s Authority Over Dentists

Under N.C. Gen. Stat. § 90-22 and § 90-29, only licensed dentists may practice dentistry in North Carolina. The Board enforces these laws and investigates allegations of:

  • *Professional misconduct or negligence

  • *Substance use or mental health issues affecting practice

  • *Unprofessional relationships with patients

  • *Insurance or billing fraud

  • *Criminal convictions impacting professional standing

The Board’s disciplinary powers extend to suspension, revocation, or probation of a license under N.C. Gen. Stat. § 90-41, as well as imposing fines, requiring continuing education, or issuing public reprimands.

Types of Disciplinary Actions

Following investigation, the Board may resolve the matter in one of several ways, depending on the findings and the dentist’s cooperation:

  • Dismissal – When evidence does not substantiate a violation.

  • Letter of Reprimand – A formal disciplinary action adopted by the Board, authorized under 21 NCAC 16U .0204(c), generally issued when violations are relatively minor but warrant official documentation.

  • Consent Order – A negotiated settlement outlining agreed findings and conditions (e.g., probation, monitoring, continuing education).

  • Formal Hearing – Conducted under the North Carolina Administrative Procedure Act (G.S. Chapter 150B) if a dentist contests the allegations.

  • License Suspension or Revocation – Reserved for serious or repeated violations.

Dentists have the right to counsel, to present and challenge evidence, and to appeal disciplinary decisions to North Carolina courts under G.S. § 150B-43.

Common Grounds for Board Discipline

Under § 90-41(a), the Board may discipline a dentist for:

  • Gross negligence or incompetence

  • Unprofessional conduct

  • Misleading advertising or improper delegation of duties

  • Convictions for crimes involving moral turpitude or drug offenses

  • Mental or physical incapacity affecting patient safety

  • Failure to comply with continuing education or recordkeeping rules

Each case is fact-specific, but the Board’s priority is public protection, not punishment. Demonstrating rehabilitation, compliance, or corrective action can be key to avoiding harsh sanctions.

Factors the Board Considers When Imposing Discipline

When the North Carolina State Board of Dental Examiners finds a violation of the Dental Practice Act or Board rules, it determines sanctions by weighing a set of aggravating and mitigating factors. Under 21 NCAC 16N .0607, the Board considers whether lesser discipline is sufficient to protect the public and evaluates:

Serious Misconduct Factors (could lead to revocation)

  • *Conduct causing or contributing to a patient’s death, permanent injury, or medical emergency.

  • *Felony convictions or guilty pleas.

  • *Fraud, dishonesty, deceit, or misrepresentation in the practice of dentistry, including improper billing or fee collection.

Factors Supporting Suspension or Significant Sanction

  • *Impairment or unfitness to practice due to mental, emotional, or physical conditions.

  • *Incompetence or substandard clinical performance.

  • *Harm or potential harm to a patient, the public, or the profession.

  • *Failure to comply with a prior Board order or consent agreement.

  • *Lack of honesty, trustworthiness, or integrity.

  • *Multiple acts of negligence or malpractice.

  • *Distribution of controlled substances for unlawful purposes.

  • *Failure to cooperate with the Board’s investigation.

  • *Aiding unlicensed practice by others.

Aggravating and Mitigating Factors Considered in Every Case

  • *The effect of the violation on patients or others.

  • *Whether the dentist placed personal interests above patient safety.

  • *Prior disciplinary history or absence thereof.

  • *Dishonest or selfish motives versus isolated mistakes.

  • *Existence of a pattern of violations.

  • *Intent or foreseeability of harm.

  • *Vulnerability of the patient or victim.

  • *Responsiveness to Board inquiries and cooperation during the investigation.

  • *Obstruction, false statements, or deception during the process.

  • *Acknowledgment of wrongdoing and acceptance of responsibility.

  • *Restitution, corrective action, or rehabilitation efforts.

  • *Remorse, reputation, and character evidence.

  • *Time elapsed since prior violations or discipline.

  • *Experience level of the practitioner.

  • *Other penalties or sanctions imposed elsewhere.

These factors allow the Board to tailor sanctions—from reprimand or probation to suspension or revocation—based on the seriousness of the conduct and evidence of rehabilitation. (Authority: 21 NCAC 16N .0607; see also N.C. Gen. Stat. § 90-41.)

Appealing a Board Decision

If you disagree with the NC Dental Board’s final decision, you have the right to appeal within 30 days to the Superior Court in your county or in Wake County (where the Board is located).

Our firm assists with:

  • Reviewing the administrative record for appealable issues

  • Drafting the written notice of appeal

  • Preparing court filings and arguments for review

Appeals are time-sensitive — missing the 30-day deadline can forfeit your right to challenge the Board’s decision.

Take the Next Step

Your license represents years of education, training, and experience. A single complaint or misunderstanding should not jeopardize your career.

If you are under investigation or received notification of a complaint, contact Brooks Peterson PLLC. We provide free and confidential consultations. Office number: 919-616-3317.

Free Consultation