ABINGDON, Va. – A federal prosecutor on Wednesday filed a motion to bar a dentist convicted of felonies from practicing.
The motion by U.S. Attorney John L. Brownlee came a day after the Herald Courier reported that Roy Shelburne’s license is active and that he continues to practice dentistry in Lee County, Va.
A jury March 6 convicted Shelburne of 10 federal felonies, including racketeering, health-care fraud and money laundering. He is not supposed to be sentenced until June and under an existing regulatory loophole could have continued to practice dentistry until his sentencing.
"It appears state regulatory agencies have not restricted the defendant’s ability to practice dentistry or his ability to bill government agencies for dental procedures," Brownlee wrote in the motion filed in federal court.
Brownlee has asked U.S. Western District Chief Judge James P. Jones to prohibit Shelburne from practicing by amending his probation conditions, "to protect the health and safety of the public and prevent further fraudulent billing."
Sandra Whitley Ryals, director of the Virginia Department of Health Professions, said Tuesday she could not impose "mandatory suspension" in Shelburne’s case.
At issue is Ryals’ interpretation of "conviction," which is not explicitly defined in state or federal law, and can range in meaning from a jury’s guilty verdict to a judge entering a final judgment after sentencing a defendant.
"The jury does in fact convict a person," Judge Jones told the Herald Courier in a Wednesday telephone interview. But, "a conviction is not final until the sentencing – that’s when a judgment is actually entered," he said.
Jones declined to comment specifically on Shelburne’s case.
Ryals, drawing on legal advice, said she interprets conviction to mean after the sentencing phase, which in Shelburne’s case is set for June.
The Virginia Board of Dentistry also has the authority to suspend a license when it determines that a dentist poses a "substantial danger" to public safety. Executive Director Sandra Reen would not say Tuesday whether the board was investigating Shelburne.
Several patients at Shelburne’s office in Pennington Gap on Tuesday praised the dentist, in spite of his recent conviction.
"We’ve never had a problem," said Kelly Willis, who has been taking his young children – who receive Medicaid benefits – to see Shelburne for four years. "God willing, things will work out in court and he’ll keep his license."
While Brownlee and Virginia Attorney General Bob McDonnell hailed the jury’s March 6 verdict, Shelburne’s attorney, Dennis E. Jones, called it "the greatest miscarriage of justice" in his legal career, and said it should have "a great chilling effect on the medical community."
Dennis Jones said he and his client were discussing an appeal, and said the jury’s verdict "may not be the final word on whether Dr. Shelburne is guilty or innocent."
dgilbert@bristolnews.com | (276) 645-2558
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