VIRGINIA BEACH, Va. — A former Virginia Beach dentist who served time in prison for an opioid fraud scheme was denied a request Thursday to have his dental license reinstated by the Virginia Board of Dentistry.
Gary Hartman, has had his license revoked since 2019 after pleading guilty to improperly prescribing drugs, including prescriptions tied to his own addiction.
During a hearing in Henrico, Hartman asked the board to reinstate his license so he could return to the profession under restrictions. Hartman said he would not open his own practice or seek authority to prescribe controlled substances.
Hartman said he has a job offer from a periodontal practice in Virginia Beach if his license were reinstated.
In an opening statement, Hartman’s attorney acknowledged Hartman’s wrongdoing, telling the board he pleaded guilty because he violated the trust placed in him when he was issued a dental license in 2002.
“We’re not here to relitigate that,” the defense said, arguing Hartman has already paid for his actions.
Hartman was sentenced to 100 months in prison but served about four years before completing the remainder of his sentence in home confinement. He remains under federal supervised release.
The defense said Hartman has been sober since Oct. 7, 2021 — more than four years — and attends meetings three times a week while regularly seeing a therapist and substance abuse counselor.
His attorney said Hartman has passed all drug screenings for the past three years and has had no violations while under supervision by a federal probation officer.
As an example of his commitment to recovery, the defense cited a January 2024 incident when Hartman injured his finger and told hospital staff he could not take opioids because he was in recovery. Although he was prescribed the opioid tramadol, Hartman said he asked the pharmacy to take it back and ultimately disposed of the medication and requested additional drug tests from his halfway house.
The defense argued the incident showed Hartman was committed to sobriety even when no one was watching.
In their opening statement, the commonwealth argued the board should prioritize patient safety.
Prosecutors referenced a June 2018 incident when agents with the Drug Enforcement Administration executed a warrant at Hartman’s practice while a patient was in the chair.
While acknowledging Hartman’s sobriety as a “tremendous achievement,” the commonwealth argued sobriety alone does not mean it is safe for Hartman to practice dentistry again.
“The question today,” the prosecution argued, “is whether granting reinstatement protects the public.”
Hartman testified he practiced dentistry for about 15 years before his license was suspended in 2018 and later revoked in 2019.
The board allowed him to apply for reinstatement after three years. His application was submitted in December 2024.
Hartman told the board he struggled with alcohol addiction for much of his life and said it became a serious problem around 2010. During that period, he continued treating patients.
He testified that his addiction eventually led him to write prescriptions for others who would return the medication to him for personal use.
Hartman also discussed the death of his childhood friend, David Bussey, who received hydrocodone prescriptions from him. Bussey was found dead in his driveway nine days after one of the prescriptions was filled.
“I have struggled with his passing ever since,” Hartman said. “I miss him dearly and I’m just so sorry for his family.”
Hartman told the board the tragedy remains one of the most painful experiences of his life and serves as motivation to continue his recovery.
“It’s been hard to live with,” he said. “I’ve had to work hard to not only accept what happened but also work on myself and improve myself one day at a time.”
Hartman said he first struggled to find addiction treatment while incarcerated. He testified that drugs were widely available at one facility and that no recovery programs were offered there.
He later transferred to a low-security federal prison in Pennsylvania where he participated in drug abuse recovery programs.
Hartman was released to home confinement in March 2023 and completed that term in July 2024 before entering supervised release.
During cross-examination, Hartman acknowledged he cannot guarantee he will never relapse but said he remains committed to recovery and now has coping mechanisms to replace drugs and alcohol.
He told the board that if his license were reinstated, he would return to dentistry slowly and under supervision.
The board ultimately voted to deny Hartman’s application for reinstatement.
“I think that it’s fair. I think the commonwealth’s attorney made a very good point that sobriety is not necessarily safety,” said Kelly Bussey, David Bussey’s sister. “I’m glad that Gary is sober, and I wish him a happy, healthy life, but that doesn’t give him the right to practice dentistry.”
Hartman could appeal the board’s decision.
