Hearing
The Virginia Department of Health Professions mandatorily revoked Arnold Berger’s license to practice dentistry on February 20, 2020. He later applied to have it restored, and on September 10, 2020, a panel of the Virginia Board of Dentistry held a formal administrative hearing in Henrico County. The court considered the applicant’s arguments on an equal foundation with the evidence that would cause the appeal to be rejected. The claimant had former records for which the Board entered an Order of Summary Suspension on February 1, 2019, and a Consent Order on March 29, 2019 (Reen). All the information was taken into account, and the license was reinstated by affirmative vote but suspended with some obligatory provisions. Berger should adhere to all court orders and conditions of probation to have an unrestricted license in the future.
Violations
Arnold Berger committed several violations of the Code of Virginia, namely 54.1-2706(2) and (15), furthermore 54.1-2706(3) and (11). He committed felonies and used controlled substances, addiction to which made him a threat to patients and society. He entered the Virginia Health Practitioners’ Monitoring Program (‘HPMP’) in March 2019. Joseph required supervision and could not fully perform his job duties because of his alcohol abuse. Furthermore, drug addiction was also noted; 75 cases of Burger receiving prescriptions for addictive substances from five different prescribers over two years are registered (Reen). They include Soma 350mg, Norco 10/325 mg, zolpidem tartrate 10mg, methylphenidate ER 36mg, diazepam Smg, and hydrocodone/APAP 7.5/325mg.
Moreover, his actions endangered public health and violated federal laws relating to the distribution and dispensing of medicines. He repeatedly prescribed narcotic painkillers for non-therapeutic purposes and failed to conduct the necessary tests and records to justify such directions. Joseph was found guilty on a criminal charge of distributing a controlled substance, in violation of 21 USC 841(a)(1) and (b)(1)(C). After that, he received five years probation, two hundred- and forty days home confinement, a prohibition on working and assigning medication without written authorization, and a $7,500 fine.
Ethical Principles Violated
In accordance with The ADA Principles of Ethics and Code of Conduct, paragraph 2.G., dentists should avoid close personal relationships with clients. Instead, Berger provided treatment to an acquaintance who had previously been a member of the profession. At the same time, the applicant’s situation was aggravated by the fact that he had abused the prescriptions. The dentist deliberately prescribed drug pills to an acquaintance knowing that he was a drug addict. Section 2.D. ‘Personal Impairment’ has also been subject to severe violations. A dentist on the work must not abuse controlled substances, including drugs and alcohol (Reen). Arnold did not comply with this precept, which diminished his ability to practice. Although he sought help, he did not suspend his profession and continued to disrupt ethical principles.
Behavioral Changes to Prevent Future Violations
To prevent further violations, Berger must continue the HPMP until its fulfillment and thoroughly comply with all conditions of probation. Moreover, he is prohibited from providing services and making medical appointments without special permission from the ordeal officer and the court. Arnold regularly sees a psychiatrist and counselor, attends Alcohol Anonymous, and has already shown excellent results. He has completely stopped using drugs and alcohol, as his tests confirm. If all requirements are satisfied, the court may conduct an administrative review and issue an unrestricted license; otherwise, it will be suspended again.
Work Cited
Reen, Sandra. Order. Virginia Board of Dentistry, 2020.