Dental hygienists play a vital role in ensuring the oral health and overall well-being of their patients. As a licensed California dental hygienist, your dedication to patient care, combined with the hard work and perseverance it takes to earn and maintain your licensure, reflects your commitment to this demanding profession. That's precisely why it can be so demoralizing to learn that someone has filed a complaint against you with the Dental Hygiene Board of California (DHBC) and your license is now in jeopardy. These challenges not only put your career at risk but also impact the years of effort you've invested in building your professional reputation.
The DBHC has the responsibility of holding dental hygienists to exceptionally high standards of ethics, professionalism, and conduct. While these standards are essential for maintaining trust and quality in the field, they also mean that any allegations of misconduct or violations can have serious repercussions. A single complaint can trigger a meticulous investigation by the Board. Depending on the findings, this might lead to disciplinary actions, including license suspension or even revocation, which can have far-reaching consequences for your livelihood and future.
With so much at stake for your career, the last thing you should do is face these allegations on your own. The Professional License Defense Team at the Lento Law Firm has a wealth of experience defending dental hygienists and other health professionals against license-related issues across the United States, including California. We know the laws that govern your profession, and we can represent your interests before the DHBC to procure the best possible outcome for your case. Whether you practice in a clinic in Los Angeles, San Francisco, Sacramento, or Eureka, we're here to help you move past this challenge and focus on what you do best. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our convenient online form.
Regulation of Dental Hygienists in California
The dental hygiene profession in California is governed by a wide range of statutes and regulations designed to uphold the highest standards of care and ethics. For convenience, the DHBC has compiled these into an official Book of Laws and Rules consisting of relevant excerpts from California statutes. These laws detail the DHBC's authority to regulate the profession and outline the standards of practice expected within the state. From the scope of permitted procedures to professional conduct requirements, this compilation also specifies the grounds for disciplinary actions and other key elements of regulation.
When allegations of misconduct or rule violations arise, the DHBC is responsible for investigating the claims and taking appropriate actions if necessary. If you are summoned to a formal hearing over alleged violations, the DHBC must prove your guilt by "clear and convincing evidence to a reasonable certainty." While this standard of proof is stronger than proving guilt based on preponderance of the evidence, it is still short of the "beyond a reasonable doubt" threshold used in criminal trials. This means minor evidence or ambiguous situations can still tilt the scales toward a disciplinary outcome under this approach.
For dental hygienists accused of wrongdoing, the implications of this standard can feel overwhelming. The risk of license suspension, revocation, or other penalties looms large, potentially jeopardizing years of hard work and dedication to their profession.
Allegations That Can Put Your California Dental Hygienist License at Risk
Most incidents of alleged misconduct that could jeopardize a dental hygienist's license fall under the broad umbrella of "unprofessional conduct," as detailed in the California statutes addressing the dental hygiene profession. This category covers actions and behaviors that undermine the trust placed in dental professionals. Other violations can include breaches of public trust, misconduct, or negligence. Let's look at some of the most common allegations that dental hygienists deal with.
Substance Abuse or Impairment
Any form of substance abuse, including alcohol or drug use, is taken very seriously by the DHBC. Impairment reduces the ability to provide safe, competent care and can jeopardize patient safety. Allegations involving substance abuse can lead to disciplinary actions, including license suspension, required rehabilitation programs, or monitoring agreements.
Criminal Convictions
By law, a dental hygienist in California can be denied licensure, or have their existing license suspended or revoked, for any criminal conviction deemed to be "substantially related to the licensee's qualifications, functions, or duties."
Fraudulent Activities
Engaging in fraudulent activities, such as billing insurance companies for procedures that were never performed, falsifying patient records, or securing fees through misrepresentation, can result in severe disciplinary actions. Fraud compromises public trust and is explicitly categorized as unprofessional conduct.
Sexual Misconduct
Any form of sexual misconduct, including inappropriate relationships with patients or sexual harassment of colleagues, is a grave violation of professional ethics. Such actions breach the trust patients place in healthcare providers and can result in immediate disciplinary measures, including license revocation.
Violation of Advertising Regulations
The use of misleading or deceptive advertising, claiming professional superiority without evidence, or guaranteeing certain outcomes constitutes unprofessional conduct. The DHBC has strict rules about how dental hygienists can market their services, and violations can draw disciplinary scrutiny.
Drug-Related Misconduct
Dental hygienists are often responsible for administering medications of various kinds to dental patients during the course of treatment. Administering these medicines recklessly or irresponsibly, failure to keep accurate inventories, diverting drugs for personal use, or prescribing medications (which is outside the scope of licensure for dental hygienists) are all examples of drug misconduct that can put a license in danger.
Unsafe or Unsanitary Conditions
Maintaining a clean and safe environment is critical for patient safety. Allegations of unsanitary conditions, inadequate sterilization practices, or improper equipment handling can result in investigations by the DHBC. Such conditions not only endanger patients but also reflect poorly on professional competence.
The Disciplinary Process for California Dental Hygienists
The DHBC follows a uniform standard process in investigating and disciplining allegations of conduct among its licensees. If you're facing allegations of wrongdoing, you can expect your case to move through the following stages until the matter is resolved.
Complaint
The disciplinary proceedings begin once a formal complaint is filed with the Board. Complaints can come from various sources, including patients, their families, coworkers, or other healthcare professionals, if they suspect that your practice does not conform to state regulations or professional standards.
Investigation
After a complaint is submitted, the Board performs an initial evaluation to decide if the reported issue falls under its jurisdiction and warrants further review. Complaints deemed irrelevant or without basis are dismissed at this stage. However, if the complaint raises concerns that require further investigation, the Board may take additional steps. These steps often include gathering documentation, conducting interviews with involved parties, subpoenaing evidence, and reviewing records. This stage is critical for determining whether there is enough evidence to support the allegations.
Accusation
Should the Board conclude that the evidence justifies formal action, it will issue an official accusation. At this juncture, two primary pathways are available for resolving the matter:
- Stipulated Settlement: A stipulated settlement offers a way to address the accusation without pursuing formal litigation. Essentially, this is a negotiated agreement between you and the Board, where you acknowledge specific violations and accept agreed-upon disciplinary measures. These measures could include penalties or conditions designed to preserve your professional license or outline a route for future reinstatement. Skilled legal representation can make a significant difference in negotiating favorable terms during this phase.
- Formal Hearing: If you dispute the Board's findings or a settlement cannot be reached, you are entitled to defend yourself during a formal hearing. These proceedings take place before an Administrative Law Judge (ALJ). During the hearing, you can present evidence, call witnesses, and make your case with the assistance of legal counsel. The outcome of the hearing will include a recommendation by the ALJ, which the Board will use to inform its final disciplinary decision.
Board Determination
Once all evidence is presented and the hearing concludes, the Board will evaluate the findings and recommendations of the ALJ to make a final decision. If they determine that a violation occurred, they will impose appropriate disciplinary actions. These actions may range from probationary periods to license suspension or revocation, depending on the severity of the misconduct.
Appeal
If you believe the Board's decision is unjust or improperly reached, you have the right to challenge it in the California Superior Court. Filing an appeal provides an opportunity to seek a review of the determination, with the ultimate goal of having it overturned. Keep in mind, however, that there are strict timelines for filing an appeal, typically between 30 and 60 days, so prompt action is essential.
While this process may seem involved and intimidating, keep in mind that there are multiple points within the process during which we can negotiate directly with the DHBC to resolve the complaint, whether through dismissal of the complaint itself, minimizing penalties, or navigating a stipulated agreement. The Professional License Defense Team at the Lento Law Firm has extensive experience negotiating with licensing boards to hammer out favorable outcomes without the need for a formal hearing.
Possible Disciplinary Actions
Not all violations will result in losing your license. The outcome often depends on the specifics and severity of your case. The Board holds the authority to impose various disciplinary measures, which may include:
- Formal Reprimand: An official notice expressing disapproval of your conduct, which becomes a permanent part of your professional record.
- Fines: Monetary sanctions designed to emphasize the seriousness of the violation.
- Practice Restrictions: Limiting your ability to perform certain practices or procedures within your profession.
- Probation: A designated period during which your actions are closely monitored to ensure compliance with ethical and professional standards.
- Treatment Programs: Requiring participation in rehabilitation efforts, such as for substance abuse or mental health concerns, as a condition for maintaining your license.
- License Suspension: Temporarily revoking your ability to practice, either for a set duration or indefinitely.
- License Revocation: The permanent termination of your right to practice as a licensed dental hygienist in California.
It's essential to recognize that any action taken by the Board—even those allowing you to continue practicing—is generally made public. These measures are recorded in your professional file and can be accessed by those who inquire about your licensure status. Additionally, adverse actions are reported to the National Practitioner Data Bank (NPDB), which may lead to challenges in obtaining licensure in other states. Reaching out promptly to the Lento Law Firm's Professional License Defense Team can significantly improve your chances of lessening or avoiding these repercussions.
How We Can Help
If you're a dental hygienist in California, facing allegations of professional misconduct can jeopardize your career, harm your reputation, and impose financial strain. The Board has significant authority to investigate claims and enforce penalties. With no guarantee of being presumed innocent, you may encounter considerable obstacles from the start. Acting quickly to engage the Lento Law Firm's Professional License Defense Team is crucial to protecting your career. Here's how we can assist you:
- Assessing the allegations in detail and evaluating their potential effect on your professional future.
- Gathering evidence to bolster your defense and identifying trustworthy witnesses to support your side.
- Handling all communications and interactions with the Board as your legal advocate.
- Negotiating directly with the Board to achieve a favorable resolution, such as having the complaint dismissed or reaching a suitable agreement through a consent order.
- Providing vigorous representation should the case proceed to a formal hearing.
Whether you work in San Diego, San Jose, Redding, Riverside, or Bakersfield, this crisis does not necessarily have to define your future. The Lento Law Firm's Professional License Defense Team is ready to use our extensive experience to stand up for you. Call us today at 888-535-3686 or fill out our online form to begin the process.
