Court reviewing dentist’s case
Published 12:01 am Tuesday, February 28, 2012
NATCHEZ — An Adams County judge will decide whether a local dentist can continue his practice while the dentist appeals the decision of a state agency to suspend his license for four years.
Chancery Court Judge Vincent Davis heard a motion Monday to allow local dentist Dr. Edwin Holt to continue his practicing dentistry while Holt appeals the decision of the Mississippi State Board of Dental Examiners to suspend Holt’s dental license effective March 15.
The board’s attorney, Stan T. Ingram, said the board conducted an investigation of Holt’s practice and found Holt was in violation of the Mississippi Dental Practice Act.
The board’s attorney, Stan T. Ingram, said the board suspended Holt’s license, but the suspension was stayed because Holt agreed to a consent order with requirements that included the completion of an ethics course, suspension of his practice for two three-week periods and dropping a pending lawsuit against the board in federal court, among other conditions.
Ingram said the board found Holt in violation of the consent order after he reportedly practiced during his suspension period, failed the ethics course, failed to drop the lawsuit and made other violations.
Patricia Dunmore and John Colette, two of Holt’s attorneys, argued at the hearing that the suspension would be financially devastating to the community, Holt’s family and his employees.
Dunmore said even if Holt wins the appeal, it could take several months. She said if Holt cannot practice during that time, the extent of the financial damages will be great.
“The damages that will cause to this community, this man’s family and his reputation are so great there is no way he can ever recover,” Dunmore said.
During a hearing for the motion to stay, Holt’s attorneys are charged with proving their likelihood of winning the appeal. In order to win the appeal, the attorneys must show that the board’s decision was not supported by substantial evidence, was arbitrary or capricious, beyond the scope or power granted to the board or violated Holt’s constitutional rights.
Holt’s attorneys presented arguments for all four of the provisions of the appeal and contended they believed they have a good chance of overturning the dental board’s decision with the appeal.
Davis made no ruling at the hearing Monday, citing that he needed more time to ensure he had given adequate consideration for both sides of the case.
No date has been set for the continuation of the hearing.