Should Michael DeRose or any corporate dentist group actually have access to treating patients under North Carolina Law is the question here. I say unless that dentist is licensed and actively practices in North Carolina, they should have their licenses revoked! But of course this is where dentists like Dr. Raf Rivera and Dr. Tish Ballance come in isn't it. They become the "local" actively practicing dentists.
If you "google" those in charge of Small Smiles, Kool Smiles, Ocean Dental and others, they have offices as well as licenses in various states across the US. But you and I both know they don't "actively" participate.
For instance, Dr. Adolph Padula, Mike DeRose's uncle) with FROBA Small Smiles says he can be seen in New York, Massachusetts, Colorado and Ohio. In the MassHealth Directory it says Dr. Padula is accepting new patients. I see this over and over. Now grant you they are a bit careful. But in the instance of getting on lists of providers not so much. The names crop up in state after state.
I understand that each state is different, but most require them to "actively" practice dentistry and it's that way for a reason. This is where Tennessee got Dr. William Mueller a few years back that was reduced to an advertising sanction. They get licensed and advertise in states where they have a licenses, but fail to "actively" practice dentistry.
Let's Look At North Carolina:
North Carolina General Statutes:
§ 90-36. Licensing practitioners of other states.(a)The North Carolina State Board of Dental Examiners may issue a license by credentials to an applicant who has been licensed to practice dentistry in any state or territory of the United States if the applicant produces satisfactory evidence to the Board that the applicant has the required education, training, and qualifications, is in good standing with the licensing jurisdiction, has passed satisfactory examinations of proficiency in the knowledge and practice of dentistry as determined by the Board, and meets all other requirements of this section and rules adopted by the Board. The Board may conduct examinations and interviews to test the qualifications of the applicant and may require additional information that would affect the applicant's ability to render competent dental care. The Board may, in its discretion, refuse to issue a license by credentials to an applicant who the Board determines is unfit to practice dentistry.
(b) The applicant for licensure by credentials shall be of good moral character and shall have graduated from and have a DDS or DMD degree from a program of dentistry in a school or college accredited by the Commission on Dental Accreditation of the American Dental Association and approved by the Board.
(c)
The applicant must meet all of the following conditions: (1) Has been actively practicing dentistry, as defined in G.S. 90-29(b)(1) through (b)(9), for a minimum of five years immediately preceding the date of application.
G.S. 90-29 (b)(1) thru (b)(9)
(1) Diagnoses, treats, operates, or prescribes for any disease, disorder, pain, deformity, injury, deficiency, defect, or other physical condition of the human teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity;
(2) Removes stains, accretions or deposits from the human teeth;
(3) Extracts a human tooth or teeth;
(4) Performs any phase of any operation relative or incident to the replacement or restoration of all or a part of a human tooth or teeth with any artificial substance, material or device;
(5) Corrects the malposition or malformation of the human teeth;
(6) Administers an anesthetic of any kind in the treatment of dental or oral diseases or physical conditions, or in preparation for or incident to any operation within the oral cavity; provided, however, that this subsection shall not apply to a lawfully qualified nurse anesthetist who administers such anesthetic under the supervision and direction of a licensed dentist or physician;
(6a) Expired pursuant to Session Laws 1991, c. 678, s. 2.
(7) Takes or makes an impression of the human teeth, gums or jaws;
(8) Makes, builds, constructs, furnishes, processes, reproduces, repairs, adjusts, supplies or professionally places in the human mouth any prosthetic denture, bridge, appliance, corrective device, or other structure designed or constructed as a substitute for a natural human tooth or teeth or as an aid in the treatment of the malposition or malformation of a tooth or teeth, except to the extent the same may lawfully be performed in accordance with the provisions of G.S. 90‑29.1 and 90‑29.2;
(9) Uses a Roentgen or X‑ray machine or device for dental treatment or diagnostic purposes, or gives interpretations or readings of dental Roentgenograms or X rays;
(2) Has
not been the subject of final or pending disciplinary action in the military,
in any state or territory in which the applicant is or has ever been licensed to practice dentistry, or in any state or territory in which the applicant has held any other professional license.
(3) Presents evidence that the applicant has no felony convictions and that the applicant has no other criminal convictions that would affect the applicant's ability to render competent dental care.
(4) Has not failed an examination conducted by the North Carolina State Board of Dental Examiners.
(d) The applicant for licensure by credentials shall submit an application to the North Carolina State Board of Dental Examiners, the form of which shall be determined by the Board, pay the fee required by G.S. 90-39, successfully complete examinations in Jurisprudence and Sterilization and Infection Control, and meet the criteria or requirements established by the Board.
(e) The holder of a license issued under this section shall establish a practice location and
actively practice dentistry, as defined in
G.S. 90-29(b)(1) through (b)(9), in North Carolina within one year from the date the license is issued. The license issued under this section shall be void upon a finding by the Board that the licensee fails to limit the licensee's practice to North Carolina or that the licensee no longer actively practices dentistry in North Carolina. (1935, c. 66, s. 9; 1971, c. 755, s. 7; 1981, c. 751, s. 6; 2002-37, s. 2.)
Does anyone reading this blog think that Michael DeRose, living in his Pueblo Colorado 3.4 million dollar recording breaking home EVER "actively" practice dentistry in North Carolina as defined?
Michael DeRose has sanctions in other states, namely Colorado for one.
He would have had to one of the following to be considered actively practicing dentistry:
(1) Diagnoses, treats, operates, or prescribes for any disease, disorder, pain, deformity, injury, deficiency, defect, or other physical condition of the human teeth, gums, alveolar process, jaws, maxilla, mandible, or adjacent tissues or structures of the oral cavity; (2) Removes stains, accretions or deposits from the human teeth;
(3) Extracts a human tooth or teeth;
(4) Performs any phase of any operation relative or incident to the replacement or restoration of all or a part of a human tooth or teeth with any artificial substance, material or device;
(5) Corrects the malposition or malformation of the human teeth;
(6) Administers an anesthetic of any kind in the treatment of dental or oral diseases or physical conditions, or in preparation for or incident to any operation within the oral cavity; provided, however, that this subsection shall not apply to a lawfully qualified nurse anesthetist who administers such anesthetic under the supervision and direction of a licensed dentist or physician;
(6a) Expired pursuant to Session Laws 1991, c. 678, s. 2.
(7) Takes or makes an impression of the human teeth, gums or jaws;
(8) Makes, builds, constructs, furnishes, processes, reproduces, repairs, adjusts, supplies or professionally places in the human mouth any prosthetic denture, bridge, appliance, corrective device, or other structure designed or constructed as a substitute for a natural human tooth or teeth or as an aid in the treatment of the malposition or malformation of a tooth or teeth, except to the extent the same may lawfully be performed in accordance with the provisions of G.S. 90‑29.1 and 90‑29.2;
(9) Uses a Roentgen or X‑ray machine or device for dental treatment or diagnostic purposes, or gives interpretations or readings of dental Roentgenograms or X rays;
