Your overall health is directly related to the state of your mouth and teeth. Dentists, dental hygienists, and dental assistants work collaboratively to ensure all patients they treat receive the best dental and oral health services to prevent dental issues and preserve their smile's appearance.

We depend on those working in the dental field to assist us with everything from routine teeth cleanings and examinations to the placement of dental implants and the treatment of periodontal disorders. However, you must complete years of study and rigorous training to become a licensed dental professional.

On top of that, the Dental Board will require you to meet certain strict criteria to secure a practice license as a dentist, dental hygienist, or dental assistant. Unfortunately, all it would take to lose your practice license is one client's complaint. If your dental license is at risk of being revoked or suspended by the board, you should immediately consult an attorney to know your options.

Our attorneys at Oakland License Attorney understand how intimidating and confusing professional license issues can be, even for the most educated and trained healthcare professionals. We are here  24/7, ready to help you challenge the complaints or allegations you are up against to secure the best possible outcome.

Crucial Roles of Dental Professionals

Dentists are crucial and much-needed professionals in our modern life. While home-based dental care habits like brushing and flossing help protect your dental health, you cannot overlook the need for a dentist if you want to stay on top of your dental and oral health.

A dentist can diagnose and treat your dental problems using cutting-edge technology for the best possible oral and dental health services.

In the field of dentistry, dental hygienists are also very important. Some of their roles include (but are not limited to) the following:

  • Giving local anesthetic to patients to help them become ready for dental procedures
  • Educating patients on the importance of nutrition and hygiene to prevent future dental problems
  • Offering fluoride treatment to patients
  • Taking patient's MRI and X-ray pictures
  • Making mouth casts or impressions for dental crowns
  • Maintaining the organization of patients' dental and medical records

Another essential team member in your dentist's office is the dental assistant, whose responsibilities could include (but are not limited to) the following:

  • Assist a dentist in setting up every instrument required for a dental procedure.
  • Help perform minor treatment
  • Help ensure the needed tools are well-sterilized

Patients often fail to recognize the various roles that these professionals play in a dental clinic, and it is simple for them to make incorrect judgments about you based on the result of a procedure rather than your performance. If you are a licensed dentist, dental hygienist, or dental assistant, retaining the services of an attorney is the key if you have received a notice of investigation from the licensing board.

A seasoned attorney could help you secure a case dismissal or a lighter disciplinary action, like license probation, which means you will keep your license and offer your services to earn income.

Common Allegations or Complaints Many Dental Workers Face

Below is a list of some of the most common allegations or complaints you could face as a licensed dental worker or practitioner:

  • Using misleading or false advertisements to attract clients
  • Alcohol or drug abuse, especially while on duty
  • Harassing or threatening a patient to prevent her from testifying against you
  • Failing to report the demise or death of a patient who you were treating
  • Keeping your dental clinic in unsanitary or unhygienic condition
  • Failing to offer refunds for any overpayment that a patient makes
  • Failing or refusing to pay for any board-issued citation
  • Sexual abuse of patients or staff members
  • Administering excessive treatments or prescriptions
  • Failing to disclose details relating to the patient's referral service
  • Securing a professional license fraudulently
  • Taking "kickbacks" for using or prescribing certain dental appliances, dental equipment, or drugs
  • Failing or refusing to monitor your dental assistants
  • Unlawfully prescribing drugs
  • Performing dental and oral procedures outside the limits of your practice license or qualifications and expertise
  • Allowing unlicensed dental assistants and hygienists to work under your license
  • Continuing to offer dentistry services after revocation or suspension of your license
  • Keeping faulty, false, or misleading records on clients' financial issues or care
  • Committing any form of insurance fraud
  • Administering anesthesia without a license to do so

Potential Effect of a Criminal Conviction on a Dental Practitioner's License

As a licensed dentist, dental hygienist, or dental assistant, you could receive disciplinary actions upon a conviction for a criminal charge, especially if it is closely related to your qualifications and services. Below are common crimes that could put your practice license at risk of revocation, suspension, or other disciplinary actions by the board:

  • Drug possession charges
  • Insurance fraud
  • Sex offenses
  • Domestic violence
  • DUI (Driving under the influence) offense
  • Medi-Cal fraud
  • Medicare fraud

If you have any of the above charges, the Dental Board could attend your case's sentencing hearing and recommend appropriate disciplinary action against your practice license to the court. If you have a criminal charge or conviction for any of the above offenses or any other offense, retaining the services of a competent attorney is paramount.

In addition to offering you much-needed legal advice, your attorney can offer you legal representation before the Dental Hygiene Board and the Dental Board to secure the best attainable outcome.

The Dental Board's Disciplinary Guidelines

The dental board has several disciplinary guidelines that the administrative law judge (ALJ) uses during administrative proceedings to determine the final outcome of the complaint or allegation filed against a licensee. These policies and guidelines ensure patients of licensed dental practitioners receive the best and safest dental and oral health services.

That means the board will take the patients' or consumers' side if a complaint is filed against you because its mandate is to ensure the public enjoys safe and standard dental services. Unfortunately, most complaints or allegations the board receives are misleading, exaggerated, false,  and unrelated to your roles as a dentist, dental hygienist, or dental assistant.

However, the board will take these complaints seriously and begin an investigation immediately to uncover more facts about the case. Considering that the licensing board owes the general public a duty of care, there is a high chance you could face grave allegations if a patient is unsatisfied or dissatisfied with your dental and oral health services.

However, you do not have to handle these sophisticated and stressful matter alone. With the help of your criminal defense attorney, you can build a solid defense to challenge the allegations and complaints you are up against and secure a favorable outcome. When deciding on appropriate disciplinary action suitable for your unique case, the board will consider various factors, including:

  • Whether the patient suffered actual harm
  • Available mitigating and aggravating factors
  • The seriousness and nature of your professional misconduct or violation
  • Available evidence to show you are a rehabilitated and law-abiding citizen
  • The potential harm your violation could have caused
  • Whether you have recently received counseling and treatment for emotional and psychological issues

Even if the licensing board decides the most suitable disciplinary action for your violation, your attorney's mitigating arguments could work to your advantage to receive a lenient disciplinary action.

Possible Disciplinary Actions You Should Expect at the End of the Administrative Hearing

Depending on the specifics of your case, the licensing board could take several disciplinary actions against you if the accusations are true. Examples of these disciplinary actions include the following:

Citation and Fine

The board is likely to issue a citation and request payment of a fine if the complaint against you is minor or non-serious. Since a citation will be visible to the public on the board's website, it could affect your reputation and ability to find new patients.

Public Reprimands

Although it does not attract a fine or any other financial penalty, a public reprimand has the same impact on your reputation and career as the citation. You could receive this disciplinary action if your violation includes harm to a patient.

Since this reprimand is publicly visible on the licensing board's website, your potential and current patients will view it and decide whether to work with you.

Interim Suspension

As a licensed dentist, dental hygienist, or dental assistant, losing your practice license, even temporarily, can significantly affect your life. As mentioned in the previous paragraph, the board owes the public a duty of care and takes issues of professional misconduct by a licensee seriously.

For example, if the licensing board believes you are about to commit a dangerous or unsafe dentistry act on a patient, it will likely suspend your practice license as the investigation continues. That means you will not continue offering your services during the investigation process.

Stay of Revocation and Probation

If it is impossible to secure a dismissal of the entire case, your attorney could convince the board to award you a stay of revocation with parole or probation. The advantage of this disciplinary action is that you will continue offering your services to earn income.

However, you must be ready to comply with certain strict restrictions and terms during the probationary period. For example, the board could require you to enroll in a drug and alcohol treatment program if your problem is drug addiction. A reliable attorney could help convince the licensing board to reduce your probationary duration.

License Revocation or Suspension

The board could suspend or revoke your practice license if your violation is grave or if you did not take action to challenge the allegations against you. If the board permanently revokes your license, you will have no legal authority to continue offering your services as a dentist, dental hygienist, or dental assistant.

However, if the board suspends your license, you can return to offer oral and dental care services after a certain period to earn income.

Probation Terms and Conditions the Board Could Require to Adhere to

If you are guilty of professional misconduct, the licensing board could receive a stay of revocation as a disciplinary action. However, you have to comply with the following terms and conditions:

  • Agree to submit quarterly reports
  • Agree to comply with all laws or stay arrest-free
  • Agree to in-person interviews or meetings with a board-appointed probation officer
  • Agree to surrender your professional license
  • Pay probation monitoring costs
  • Perform community service
  • Pay restitution

Since every professional misconduct case is different, the probation terms and conditions the board will require you to comply with are unique to your case. Your attorney's mitigating arguments could convince the board to reduce your probation duration or set less strict probation conditions to make it bearable.

Steps You Should Take if You Are Facing a Possible Disciplinary Action

If the board has received a complaint against you or is investigating a complaint against you, the steps you will take can mean the difference between keeping or losing your practice license. The following steps can help protect your professional license and career as a dentist, dental assistant, or dental hygienist:

  • Retain the services of a reliable attorney to represent you before the board and ALJ to secure the best possible outcome
  • Collect relevant documentation and evidence that strengthens your case to achieve a favorable outcome
  • Remain up-to-date with your continuing training and education requirements
  • Remain calm during the entire disciplinary process

Find a Reliable License Defense Attorney Near Me

Facing a complaint or allegation that could jeopardize your career as a dentist, dental hygienist, or dental assistant can be stressful, but you have options. At Oakland License Attorney, we understand what your practice license means to your career and livelihood as a dentist, dental hygienist, or dental assistant.

If you are under investigation for a complaint or a charge filed against you, our attorneys can help you challenge the allegations to secure a favorable outcome. We invite you to call us at 341-234-0408 to discuss every detail of your case with our understanding and profound attorneys for the prompt legal representation you deserve during these challenging and stressful moments.