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

ALBUQUERQUE, N.M. – Due to the fact 4 Investigates began pursuing Albuquerque dentist William Gardner’s battles with previous patients and the New Mexico Board of Dental Wellbeing Care, a series of appeals, stays, new allegations, and prison conditions have seemingly retained his place of work doorways open no subject who tells him to end working towards dentistry.

With Gardner now facing prison prices of unlicensed dentistry and a probation violation stemming from a plea arrangement in a tax fraud circumstance, KOB viewers have asked why authorities just cannot simply put a lock on Gardner’s business door.

Joseph Dworak, division director for boards and commissions at the New Mexico Regulation and Licensing Section, says Gardner’s case is one of a kind. For one particular, he’s filed what appears to be to be a never ever-ending series of appeals in several of the dental board’s choices. It’s some thing Gardner is entitled to do in a lot of circumstances, Dworak notes, but most licensees overseen by the point out – there are additional than 100,000 across the different controlled professions – ultimately abide by board self-control.

In Gardner’s case, he has not.

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

He details out that a settlement is a little something licensees do not have to indicator if they really do not like the terms, but when signed, carries the drive of law.

“A settlement arrangement in these administrative proceedings is the equal of a contract amongst two events,” he states.

Although the dental board has succeeded in revoking Gardner’s license to observe, which is the restrict of the board’s authority. A selection of civil fits have been filed in opposition to Gardner above the years, but those people have not compelled him to near his doors, both.

Previously this calendar year, Gardner signed off on a plea arrangement in a felony scenario to take care of a lot more than 3 dozen rates of tax fraud. Component of the settlement was that he wouldn’t observe dentistry. But a particular prosecutor appointed by the 2nd Judicial District Lawyer suggests which is accurately what Gardner has been undertaking.

4 Investigates reviewed healthcare documents from a previous client that seem to be to point out he’s been analyzing sufferers, environment up treatment method options and even sending automated appointment reminders as recently as August. It’s proof prosecutors have accessibility to as they go after both equally a probation violation and the new fees of working towards dentistry without having a license.

Dworak says the Regulation and Licensing Section encourages the public to file a criticism when they suspect one thing is not appropriate with a licensee, a little something that has transpired in Gardner’s circumstance.