4 Investigates: Can the condition prevent an Albuquerque dentist from pulling tooth?

ALBUQUERQUE, N.M. – Because 4 Investigates started following Albuquerque dentist William Gardner’s battles with former clients and the New Mexico Board of Dental Wellness Care, a collection of appeals, stays, new allegations, and criminal situations have seemingly saved his workplace doorways open no make any difference who tells him to prevent practicing dentistry.

With Gardner now facing prison costs of unlicensed dentistry and a probation violation stemming from a plea agreement in a tax fraud situation, KOB viewers have questioned why authorities cannot merely set a lock on Gardner’s place of work doorway.

Joseph Dworak, division director for boards and commissions at the New Mexico Regulation and Licensing Division, claims Gardner’s circumstance is exceptional. For one particular, he’s submitted what would seem to be a under no circumstances-ending series of appeals in several of the dental board’s decisions. It is a thing Gardner is entitled to do in numerous circumstances, Dworak notes, but most licensees overseen by the condition – there are extra than 100,000 across the various controlled professions – ultimately abide by board discipline.

In Gardner’s situation, he has not.

“There has been a amount of selections 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 never like the terms, but when signed, carries the drive of regulation.

“A settlement agreement in these administrative proceedings is the equal of a contract amongst two parties,” he claims.

When the dental board has succeeded in revoking Gardner’s license to practice, that is the limit of the board’s authority. A variety of civil suits have been submitted in opposition to Gardner over the a long time, but these haven’t compelled him to near his doors, both.

Earlier this calendar year, Gardner signed off on a plea agreement in a prison case to resolve much more than a few dozen charges of tax fraud. Element of the agreement was that he wouldn’t practice dentistry. But a exclusive prosecutor appointed by the 2nd Judicial District Legal professional says which is specifically what Gardner has been carrying out.

4 Investigates reviewed healthcare data from a previous individual that appear to be to point out he’s been inspecting people, setting up therapy options and even sending automated appointment reminders as just lately as August. It is proof prosecutors have entry to as they go after both of those a probation violation and the new charges of practising dentistry with no a license.

Dworak says the Regulation and Licensing Office encourages the public to file a complaint when they suspect some thing isn’t appropriate with a licensee, one thing that has happened in Gardner’s case.