PENNINGTON GAP, Va. – Days after a jury found dentist Roy Silas Shelburne guilty of victimizing young, low-income patients and bilking Medicaid for hundreds of thousands of dollars, he is back cleaning teeth and billing the state health-care agency.
Last Thursday, a federal jury found the dentist guilty of 10 felonies, including racketeering, health-care fraud and money laundering. He faces up to 120 years in prison and a $1.25 million fine.
During the three-week trial, prosecutors laid out a scheme in which Shelburne, 51, performed unnecessary procedures on children, and defrauded Medicaid and private insurance companies by billing for procedures he did not perform, and collecting from both.
Shelburne’s license is current and active, according to state health officials, and he is not breaking any law by practicing.
The director of the Virginia Department of Health Professions is bound by law to "immediately suspend" the license of any practitioner convicted of a felony.
But the jury’s verdict does not carry the weight of a conviction until the sentencing phase, two state health officials said Tuesday, citing state and federal law.
Sandra Whitley Ryals, director of the state agency, said she would not have the authority to suspend Shelburne’s license until after his sentencing, which is set for June 9.
But state health boards have another means of suspending a license. Any health regulatory board can suspend a practitioner’s license if it finds that person poses a "substantial danger to the public health or safety," according to Virginia law.
Sandra Reen, executive director of the Virginia Board of Dentistry, said Tuesday the board "can investigate the matter and decide what action to take within its authority."
She declined to say whether an investigation of Shelburne has been opened or is pending.
Authorities hailed Shelburne’s conviction last week.
"This dentist victimized children and low-income families, as well as the Medicaid system," Virginia Attorney General Bob McDonnell said in a March 6 statement.
Asked to comment on Shelburne’s continuing practice, a spokesman for the attorney general said, "We don’t have any comment on that."
At his dental practice in Pennington Gap on Tuesday, Shelburne had no comment.
But Kelly and Crystal Willis, who brought in their four children for routine teeth-cleaning on Tuesday, said the embattled dentist they’ve been seeing for four years has "good character."
The family from Big Stone Gap, Va., is a slice of the demographic Shelburne is accused of victimizing. The couple’s four children – ages 8, 6, 4 and 2 – receive Medicaid benefits. The couple said they’d heard about the criminal allegations after their last appointment several months ago, and that Shelburne himself informed them Tuesday of last week’s verdict.
But the charges and guilty finding weighed little with them.
"He’s excellent with our kids," said Kelly Willis. "We’ve had no problems. We talk to him like you talk to a neighbor, and he knows my kids by name."
Crystal Willis said, "I don’t care what he’s done in his personal life. He’s been good to us and our kids, and that’s all that matters."
Staff Writer Mike Owens contributed to this report.
dgilbert@bristolnews.com | (276) 645-2558
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