Administrative Law — dentistry licenses

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Wisconsin Court of Appeals

Civil

Administrative Law — dentistry licenses

The Wisconsin Dentistry Examining Board (the Board) disciplined Jack Elder for making “a false representation on his application for a license to practice dentistry in California, which constitutes unprofessional conduct within the meaning of Wis. Stat. § 447.07(3)(b),” and for instructing “employees to change billing dates to obtain insurance payments, which constitutes repeated irregularities in billing and is unprofessional conduct within the meaning of Wis. Stat. § 447.07(3)(k)2.” The circuit court, in a thoughtful and comprehensive decision, affirmed the Board’s order, and Elder appeals. Elder contends that the Board lacked authority over, and ignored its own rules in interpreting, Elder’s statement on California’s application for a license to practice dentistry, and that the Board’s order regarding billing irregularities is unsupported by evidence in the record. We conclude that the Board acted in accord with the plain meaning of the language of Wis. Stat. § 447.07(3)(b) (2011-12) in disciplining Elder for making a false statement on the California license application, and interpreted both the application and Elder’s statement in accord with the ordinary meaning of the words used in the application and Elder’s statement. We also conclude that the Board’s order regarding billing irregularities “demonstrates a process of reasoning supported by evidence in the record.” See Daniels v. Wisconsin Chiropractic Examining Bd., 2008 WI App 59, ¶8, 309 Wis. 2d 485, 750 N.W.2d 951. Accordingly, we affirm. Not recommended for publication in the official reports.

2014AP151 Elder v. Wisconsin Dentistry Examining Board

Dist IV, La Crosse County, Bjerke, J., Kloppenburg, J.

Attorneys: For Appellant: Nowicki, Bryan K., Madison; For Respondent: Lazar, Maria S., Madison