STATE OF TENNESSEE DEPARTMENT OF HEALTH IN THE MATTER OF: ) BEFORE THE TENNESSEE, ) BOARD OF DENTISTRY RICHARD N. SCHOTT, D.D.S. ) RESPONDENT ) CASE NUMBER: 2018054741 ) MURFREESBORO, TENNESSEE ) TENNESSEE LICENSE NO: 5414 CONSENT ORDER Come now the Division of Health Related Boards of the Tennessee Department of Health (hereinafter the “Division”), by and through the Office of General Counsel, and Respondent Richard N. Schott, D.D.S. (hereinafter “Respondent”), and respectfully move the Tennessee Board of Dentistry (hereinafter the “Board”) for approval of this Consent Order affecting Respondent's license to practice dentistry in the State of Tennessee, ‘The Board is responsible for the regulation and supervision of dentists licensed to practice in the State of Tennessee. See Tennessee Dental Practice Act (hereinafter the “Practice Act”), Tennessee Code Annotated Section (hereinafter “TENN. CODE ANN. §”) 63-5-101, ef seq. It is the policy of the Board to require strict compliance with the laws of this State, and to apply the laws so as to preserve the quality of dental care provided in Tennessee. It is the duty and responsibility of the Board to enforce the Practice Act in such a manner as to promote and protect the health, safety and welfare of the citizens of the State of Tennessee, including by disciplining dentists who violate the provisions of TENN. CODE ANN. § 63-5-101, ef seq., or the Rules and Regulations promulgated by the Board and recorded in the Official Compilation Rules and Regulations of the State of Tennessee (hereinafter “TENN. COMP. R. & REGS.”). Respondent, by his signature to this Consent Order, waives the right to a contested case hearing and any and all judicial review in this matter. Respondent agrees that presentation to andconsideration of this Consent Order by the Board for ratification and all matters divulged during that process shall not constitute unfair disclosure such that the Board or any of its members shall be prejudiced to the extent that requires their disqualification from hearing this matter should this Order not be ratified, Likewise, all matters, admissions and statements disclosed or exchanged during the attempted ratification process shall not be used against Respondent in any subsequent proceeding unless independently entered into evidence or introduced as adi 1. STIPULATIONS OF FACT 1. Respondent has been at all times pertinent hereto registered by the Board as a dentist in the State of Tennessee, having been granted license number 5414 by the Board on January 10, 1992, which currently has an expiration date of November 30, 2020. 2. Respondent owned and operated a dental practice named Dental Excellence. Dental Excellence had four office locations in Murfreesboro, Tennessee and Lebanon, Tennessee. 3, From November 2013 to January 2018, Respondent and an employee working in the capacity as a Practice Administrator devised and carried out a scheme to defraud health care benefit programs by submitting, and causing employees of the dental practice to submit, false and fraudulent claims. 4, At the direction of the Respondent and his Practice Administrator, other employees submitted to various health care benefit programs claims for dental work that was never completed and claims that contained other falsified information, such as the office where the ‘work was purportedly performed, the date on which work was purportedly completed, and the dentist purportedly completing the work. 5. Additionally, at the direction of the Respondent and his Practice Administrator, employees falsified the “narratives” that accompanied dental claims and falsified accompanying 2documents, such as x-rays, that were submitted along with the claims. Respondent and his Practice Administrator discouraged employees from asking questions about whether the billing practices were legal. Respondent and his Practice Administrator carried out this scheme in order to financially enrich themselves. 6. On or about November 13, 2018, the Respondent was charged via Information with violation of 18 U.S.C. § 1347 (health care fraud) and 18 U.S.C. § 1349 (conspiracy to commit health care fraud) in the United States District Court of Middle District of Tennessee. Il, GROUNDS FOR DISCIPLINE The facts stipulated in paragraphs three through six so in the Stipulations of Fact, supra, are sufficient to establish that grounds for discipline of Respondent's dental license exist. Specifically, Respondent has violated the following statutes or rules which are part of the ‘Tennessee Dental Practice Act, (TENN. CODE ANN. § 63-5-101, ef seq.) for which disciplinary action before the Board is authorized: 7. The facts stipulated in paragraphs three (3) through six (6), supra, constitute a violation of TENN. CODE ANN. § 63-5-124(a) (1): Unprofessional, dishonorable or unethical conduct 8, The facts stipulated in paragraphs three (3) through six (6), supra, constitute a violation of ‘TENN. CODE ANN. § 63-5-124(a) (2): A violation o attempted violation, directly or indirectly, or assisting in or abetting the violation of, or conspiring to violate, this chapter or any lawful order of the board issued pursuant thereto or any criminal statute of this state