No dental office would be complete without a dental hygienist. Throughout Texas, they perform many of the tasks most essential for oral health before a dentist even comes into the room. If that's your job, you should feel proud of your contributions.
However, don't forget that your respectable career can be snatched away if you're not careful. Like the way a single cavity can gradually wreak havoc in the entire mouth, one complaint can cast a shadow over your livelihood for years to come. Protect yourself by calling the Lento Law Firm Professional License Defense Team today at 888.535.3686 or filling out this contact form.
Who Oversees Dental Hygienist Licenses in Texas?
From laws, rules, policies, training, and discipline, the Texas State Board of Dental Examiners takes care of everything relevant to dental hygienist licensure. All dental hygienists need to do to practice in Texas is obtain a high school degree (or its equivalent), complete a program recognized and approved by the Commission on Dental Accreditation (CODA), and pass national- and state-level exams. From there, many hygienists end up specializing in certain subfields, such as periodontics, prosthodontics, endodontics, orthodontics, pediatric dentistry, or oral surgery.
Every subfield is unique in its own way, so each one may demand that a dental hygienist acquire relevant experience or certification. Continuing education courses alone may lead dental hygienists to become experts in a variety of subfields. As distinct as each one may be, however, they all have certain traits in common, such as what counts as a violation in the eyes of the Texas State Board of Dental Examiners.
Dental Hygienist License Violations in Texas
The board maintains high expectations for its dental hygienists, knowing that oral health is closely linked to overall health. That's why all hygienists must comply with the Texas Dental Practice Act, which means that any of the following can be considered violations worthy of disciplinary action:
Drug or Alcohol Abuse
Whether you're doing a routine cleaning or a complicated surgery, dental hygienists need steady hands and clear minds to avoid harming patients. Dentists and colleagues also need to be able to depend on them to show up when expected.
None of that is possible if you consistently abuse drugs and alcohol. If your addiction is such that it causes you to miss shifts, be chronically late, and/or work while intoxicated, the board is likely to investigate and may seek to sanction. Having a defense team that can stand up for you and advocate for your placement in an alternative to discipline or rehabilitative treatment program would be in your best interest.
Committing Fraud or Deception
No one wants to entrust their oral health to someone who's dishonest or unqualified. If the board suspects that you've lied to them about your education experience, fabricated documents, distributed misleading advertising, misrepresented your role or skills to patients, or engaged in other deceptive actions, they'll want to investigate further to see whether sanctions would be appropriate.
Criminal Conviction
A person's criminal record can reveal a lot about their values and character flaws. Some of them are incompatible with a career in dental hygiene, as dental hygienists handle sensitive information and take care of patients while they're highly vulnerable.
That's why the board might want to sanction you for having a criminal conviction. It's especially likely for cases involving assault, sexual coercion, harassment, bullying, stalking, fraud, or theft. While sanctions are not guaranteed in these cases, the possibility is real, so you need a powerful yet sympathetic legal defense on your side.
Dishonorable Conduct
To create a positive experience for patients and a constructive environment for employees, dental hygienists must hold themselves to high behavioral standards. That means refraining from harassment, discriminatory practices, verbal or physical abuse, inappropriate sexual relationships, and similar actions.
Basically, dental hygienists in Texas must treat everyone with respect. Anything less could be considered dishonorable conduct, which the board may wish to sanction if they find you guilty of it.
Incompetence or Negligence
Despite all their training and experience, some dental hygienists have trouble mastering their skills or even caring enough to try.
However, incompetent or negligent dental hygienists present many risks to patients and colleagues alike. For instance, they might fail to thoroughly sterilize tools or disinfect work areas, potentially leading to serious illnesses. Others might be so disorganized or casual with patient information that their records are never properly updated or protected. Some hygienists might struggle with basic but important tasks, like cleanings.
In all these cases, the board might investigate to better understand the issue and see whether they can come up with a solution to help the hygienist improve, even if that means imposing sanctions. Nevertheless, to avoid penalties that would only encumber or discourage you, be sure to have the Lento Law Firm Professional License Defense Team on your side if you're accused of a violation like this.
Mental or Physical Disability
Dental hygiene work demands a certain degree of physical and intellectual health. After all, to give one example, fine motor skills and good eyesight are just as vital as critical thinking when your hands are in someone's mouth.
For that reason, the board reserves the right to investigate and discipline anyone with a mental or physical disability that prevents them from fulfilling all their responsibilities as a dental hygienist, especially if the hygienist in question tried to hide their status. Insanity is considered a sanctionable condition as well.
How Does Texas Discipline Dental Hygienist License Violations?
Complaints about dental hygienists must be submitted to the Texas State Board of Dental Examiners in writing. If the board reviews the complaint and determines that there's a real possibility of wrongdoing, they'll begin the disciplinary process. This is usually how it goes:
Temporary License Suspension
There's a good chance that the board will suspend your license for as long as it takes to investigate the complaint and decide what to do about it. This helps the board ensure the safety of everyone involved while they move forward.
Investigation and Informal Settlement Conference
The board will arrange for an investigation into the complaint to figure out what truly happened and which sanctions are most appropriate. However, rather than meeting with you afterward to discuss the investigation results, the Texas State Board of Dental Examiners tends to include an informal settlement conference as part of the investigative process.
At this conference, you can present evidence, legal arguments, witness testimonies, expert inspections, and similar items to the board. They can do the same, which they almost certainly will if any of it differs from what you offer to gain their favor and leniency. Make sure the Lento Law Firm Professional License Defense Team is with you for this conference to advocate for you, no matter the evidence against you.
Remedial Plan
After all is said and done, the board may rule you guilty of violating its code of ethics or the Texas Dentistry Practice Act. If so, they'll enact a “remedial plan” to finally resolve the issue.
Reprimand
The upside of a reprimand is that it's usually little more than a document detailing the board's displeasure with your actions and warning you to do better in the future. Unfortunately, the downside is that reprimands are typically public record, so your prospective employers can look it up and decide whether it makes you less eligible for hire.
Administrative Penalties
Because of the direct impact on your wallet, administrative penalties have a way of deterring people from repeating or escalating the behavior that led to the violations. The board can legally charge you up to $5,000 per violation. It could easily cramp your lifestyle, ruin your financial stability, and/or prevent you from affording continuing education courses that you might want or need to continue advancing in your career.
Probation
While probation gives you the advantage of going back to work, it also comes with stipulations that many dental hygienists find annoying at best and invasive at worst. For instance, the board might demand that a more seasoned hygienist supervise you and report back about how you're doing. The conditions of probation end when the board says so.
License Suspension
Although the board may temporarily suspend your license while investigating the complaint against you, they could move to extend and enhance that suspension as a remedy for your violation. In this scenario, you wouldn't be allowed to work as a dental hygienist in Texas for a set period of time, and/or you would need to satisfy the board's conditions for reinstatement.
You probably appreciate knowing that suspensions don't last forever. Nevertheless, the ripple effect can be devastating. You might be out of practice or financially unstable after months away, and you could have missed opportunities to learn new skills that would make you more employable. Future dental offices may hesitate to hire you when they see the break in your employment history, too.
License Revocation or Denial
Typically reserved for the most serious or repetitive offenses, license revocation or denial permanently strips you of the ability and authority to practice dental hygiene in Texas. The revocation period lasts as long as the board chooses, and only when it expires will you get to apply for reinstatement.
In the meantime, however, you might struggle to support yourself financially or palatably explain why there's a gap in your resume. Basically, the consequences are similar to those for license suspensions, except they can last longer or affect you harder.
Alternative to Discipline Program
For violations related to drug or alcohol abuse, the board may feel that an alternative to discipline program is more appropriate. This allows you to identify and overcome the issues causing your addiction so that it will no longer affect your ability to work safely and reliably.
Of course, the problem with this sanction is that it, too, requires time away from the field and an explanation for your future employers as to why it happened.
What Can the Lento Law Firm Do for You?
Never underestimate how ruinous one complaint can be. The Lento Law Firm Professional License Team certainly doesn't, which is why they're so driven to protect you. Armed with a personalized defense strategy based on combining years of success with careful consideration of your needs and goals, there's no violation or accusation that they can't help you overcome.
If you need assurance, just look at their long history of success and national renown. The Lento Law Firm Professional License Defense Team has already triumphed in cases like yours, as well as many others. They won't let you down.
Save Your Dental Hygienist Career in Texas
Your job as a dental hygienist is important enough to improve countless lives, including your own. Nothing should stop you from practicing in Texas for as long as you want. The key is surrounding yourself with a strong legal team that will support you, so contact the Lento Law Firm Professional License Defense Team at 888.535.3686 or fill out this contact form to schedule a consultation.
