4 Investigates: Can the state stop an Albuquerque dentist from pulling teeth?

Melissa Eide

ALBUQUERQUE, N.M. – Given that 4 Investigates commenced following Albuquerque dentist William Gardner’s battles with previous individuals and the New Mexico Board of Dental Wellbeing Treatment, a collection of appeals, stays, new allegations, and legal conditions have seemingly retained his business office doors open no make a difference who tells him to cease practising dentistry.

With Gardner now struggling with criminal rates of unlicensed dentistry and a probation violation stemming from a plea settlement in a tax fraud scenario, KOB viewers have requested why authorities simply cannot just put a lock on Gardner’s office environment doorway.

Joseph Dworak, division director for boards and commissions at the New Mexico Regulation and Licensing Division, says Gardner’s situation is special. For one, he’s filed what appears to be to be a in no way-ending collection of appeals in many of the dental board’s selections. It is a thing Gardner is entitled to do in many conditions, Dworak notes, but most licensees overseen by the condition – there are more than 100,000 across the several controlled professions – eventually abide by board self-discipline.

In Gardner’s case, he has not.

“There has been a range of conclusions and orders and settlements that there has been non-compliance with,” Dworak claims.

He details out that a settlement is anything licensees do not have to indication if they do not like the conditions, but when signed, carries the force of regulation.

“A settlement arrangement in these administrative proceedings is the equivalent of a contract amongst two parties,” he says.

Even though the dental board has succeeded in revoking Gardner’s license to follow, which is the limit of the board’s authority. A quantity of civil suits have been filed versus Gardner above the decades, but all those haven’t pressured him to near his doorways, either.

Before this yr, Gardner signed off on a plea settlement in a criminal case to solve extra than three dozen prices of tax fraud. Portion of the settlement was that he wouldn’t apply dentistry. But a particular prosecutor appointed by the 2nd Judicial District Lawyer says that is particularly what Gardner has been executing.

4 Investigates reviewed professional medical data from a previous individual that seem to be to reveal he’s been inspecting clients, setting up cure options and even sending automated appointment reminders as not long ago as August. It is proof prosecutors have obtain to as they pursue the two a probation violation and the new rates of practising dentistry devoid of a license.

Dworak states the Regulation and Licensing Office encourages the community to file a criticism when they suspect one thing is not suitable with a licensee, anything that has happened in Gardner’s situation.

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