Becoming a dental hygienist in Nevada isn’t easy or cheap. The process takes multiple years and will cost thousands of dollars in tuition, books, tests, and credentialing fees. You never imagine your license might someday be at risk from disciplinary action. Such a loss would be devastating to your financial future and well-being. That’s why you cannot take risks with your dental hygienist license if it’s threatened due to disciplinary action by the state.
The LLF National Law Firm is here to help with this professional license defense in Nevada. Whether you’re licensed as a dental hygienist in Las Vegas, Reno, Henderson, or anywhere in between, our experienced team can guide you through the immensely stressful and high-stakes ordeal. Contact us online or or call us at 888-535-3686 today.
Regulation of Dental Hygienists in Nevada
Dental hygienists are regulated by the Nevada State Board of Dental Examiners (NSBDE). The NSBDE issues licenses and renewals and regulates the practice of dentistry in the entire state of Nevada. While many interactions with the NSBDE can be positive, the board is also responsible for ensuring compliance. This means they don’t just issue dental hygienists their licenses or renewals, but they can also take them away.
It’s important to understand that the NSBDE doesn’t create laws. The Nevada state legislature is tasked with that process. Instead, the NSBDE interprets the laws passed by the legislature and creates rules to further the aims of the laws. You can think of it like this: the rules created by the NSBDE help ensure compliance with the laws. Just like laws, the rules can change over time and it’s important to know how these new law or rule changes impact your dental hygienist license in Nevada.
Chapter 631 of the Nevada Revised Statutes gives the NSBDE specific authority to discipline dental hygienists. For example, NRS 631:3475 outlines unprofessional conduct, while NRS 631:350 lists the disciplinary actions the NSBDE may undertake in various instances of unprofessional conduct. The board doesn’t play around with investigations or disciplinary actions, and it has the authority to administer punishments that range from a slap on the wrist to full-blown license revocation.
Disciplinary Actions Against Nevada Dental Hygienists
No one enters the workforce planning to lose their license, but mistakes happen. Fraud and malpractice are two of the primary causes of disciplinary action by the NSBDE against dental hygienists in Nevada.
Fraud often involves financial misconduct. Examples of fraud include:
- Falsifying patient records
- Inflating bills by upcoding
- Inflating bills by including services not performed.
- Embezzling funds
Incidents of fraud can start small and snowball into bigger and bigger occurrences. The temptation is a slippery slope, and even the best intentions can turn your career upside down if you are investigated for fraud.
Malpractice, on the other hand, involves various types of misconduct. Examples of malpractice include:
- Practicing without the appropriate, valid license
- Working while under the influence of drugs or alcohol
- Working after certain criminal convictions (if you didn’t inform the board)
- Sexual misconduct
- Gross negligence
Again, no one sets out in their dental hygienist careers to commit acts of malpractice, but life happens, and mistakes aren’t uncommon. You might find yourself practicing with an expired license should you make a mistake on your renewal application or fail to acquire your continued learning credits.
You may not realize your legally prescribed pain medications have impacted your cognitive abilities while at work. You could be investigated for substance abuse on the job if someone complains about your behavior.
HIPAA violations can also easily happen by mistake. This has never been truer than in the age of social media. You may host a social media page for your practice, but if you don’t scrub the posts to make sure all patient-identifying information is obscured, you could easily violate HIPAA.
In addition to understanding what activities can lead to disciplinary actions against dental hygienists in Nevada, it’s critical to know who can lodge complaints against you. The obvious category of complainants is, of course, patients, but employers, coworkers, and even insurance carriers can lodge complaints with the board.
In some cases, you may be required to self-report wrongful actions. Failure to do so could result in even more disciplinary action. In Nevada, self-reporting is required if you’re convicted of certain crimes, but you should always consult a professional license defense attorney from the LLF National Law Firm before self-reporting any activity to the NSBDE. Time is of the essence. The clock starts ticking as soon as the conviction is entered.
What to Do During the Disciplinary Process
If you’ve received notice of a complaint against you, you must take immediate action. First, reach out to the Professional License Defense Team at the LLF National Law Firm in Nevada. This team will help ensure you respond to all matters within the mandatory timelines.
Additionally, make sure you retain a record of all communications with you by the board or other parties. Get copies of any communications that may help your case. Furthermore, always take the high road at work and in your private life.
During the disciplinary process, you must avoid:
- Posting your related grievances on social media.
- Reaching out to your suspected complainant.
- Falsifying records.
- Discussing the investigation with anyone other than your attorney.
- Putting your head in the sand.
- Assuming the NSBDE is on your side.
- Continuing the behavior that caused the complaint.
If you’re a dental hygienist facing disciplinary investigation or action, you need to take the reins and understand that there’s a lot you can do to maintain control of the situation. The very first step of that control is to speak with our Professional License Defense Team.
The Disciplinary Process for Dental Hygienists in Nevada
The most intimidating part of the disciplinary process can be the initial complaint and investigation. How you act in these stages will impact the overall outcome of the case against you. There are a lot of dos and don’ts, but the number one step you can take to improve your chances of overcoming a professional license investigation is speaking with a license defense attorney.
From beginning to end, the disciplinary process can be broken down into five primary parts, which include the complaint, the formal investigation, the formal hearing, the decision, and the appeal.
1. The Complaint
Anyone can file a complaint against a dental hygienist in Nevada. The form is easily accessible to anyone online. Complaints can even be anonymous so long as the identity of the person lodging the complaint isn’t necessary to prove the alleged violation occurred. Once received by the NSBDE, the board will review the complaint and assess its merit to decide whether to move forward. If the complaint moves forward, the board will undertake a fact-finding mission.
Although you’ll eventually be notified, the NSBDE will begin gathering facts concerning the complaint against you before you even know you’re under the microscope.
2. The Formal Investigation
Once the Nevada State Board of Dental Examiners decides the complaint has legs and they have the authority to investigate it, they’ll provide you with a written notice of the complaint and investigation against you.
The right time to contact the LLF National Law Firm Professional License Defense Team is the instant you receive notice of the investigation, if not sooner. If you suspect you may be in hot water for your actions, you should get legal help before you even know if there’s been a complaint.
The notice of the formal investigation against you will break down the allegations. You’ll also be required to provide a time-sensitive response. Understanding how and when to respond is critical to your success. It may be easier to dismiss the notice, but that’s the fastest way to jeopardize your ability to practice as a dental hygienist.
During the formal investigation, the NSBDE will gather evidence, which can include:
- Witness accounts
- Patient records
- Subpoenaed records
- Statements or explanations provided by the hygienist.
If the formal investigation doesn’t negate the complaint, the board will move forward with a formal hearing.
3. The Formal Hearing
If the claim against you has teeth, as evidenced by the findings of the formal investigation, the board will issue a Notice of Charges. Following this notice is the formal hearing. The hearing will resemble a trial in many ways and is presided over by board members or sometimes an administrative law judge.
Similar to a trial, you could be asked to give testimony. Other witnesses, including those who support your position, may also give testimony. Even though the formal hearing isn’t a criminal trial, you still need legal representation. Having a skilled Professional Dental Hygienist License Defense Attorney from the LLF National Law Firm on your side during the hearing will ensure you’re given the best guidance possible. Your advocate will also ensure proper procedures are followed by the NSBDE, and they further understand what negotiation tactics will be most successful with the board.
4. The Decision
Once the formal hearing concludes, the board will consider the evidence presented and issue a written decision. This period is very stressful; after all, your professional license is on the line. Unfortunately, the decision can take a while, and in some cases, you may have to wait up to 180 days in Nevada.
The ultimate decision after the investigation and hearing can be wide-ranging, including:
- A warning
- Probation
- Fines
- Temporary license suspension
- Permanent license revocation
In some cases, your Professional License Defense Team will advise you to accept the decision and move forward, but sometimes an appeal of the decision is the best move.
5. Appealing the NSBDE’s Decision
It may be necessary to appeal the board’s decision against you if there were procedural errors during the investigation and hearing process or if the penalties imposed are excessive. There could also be instances of bias or discrimination that may have wrongfully influenced the board’s decision.
Appealing the NSBDE decision in a disciplinary action against a licensed dental hygienist in Nevada requires a sophisticated understanding of the procedural processes and the rules and laws. The appeal itself must be filed quickly. The failure to file the appeal promptly means you’re stuck with the board’s decision. Whether you accept the initial decision or you file an appeal, you’ll need a plan of action moving forward.
What to Expect after the Final Decision
Your work isn’t done once the final decisions are rendered by the hearing or on appeal. Full license revocation is rare, but you may still find your license is temporarily suspended or that you have to satisfy certain probationary conditions to keep your license in good standing.
You must comply with the conditions or face sanctions against you. This can include probationary terms that require regular reporting by your supervising dentist. You might also have to complete continued education courses or pay fines. Failure to satisfy these terms will result in additional violations on top of the action you’re already being disciplined for.
During this license rehabilitation process, you will feel overwhelmed, but remember to consider how these steps impact your future. Avoid falling into old temptations or habits and try to value the process as a learning experience. Continue to work with your Professional License Defense Team so they can keep the procedural paperwork and timelines on track while you work on learning new tools to help you move forward successfully.
In addition to satisfying the board’s requirement, you’ll want to focus on rehabbing your reputation. The disciplinary action against you will likely be searchable on the NSBDE website, and future employers will have access to your records. You can mitigate the reputational harm by taking on extra training or programs that go beyond the requirements of the board. This shows the public and other peers that you’ve taken the reprimand seriously and have sought to better yourself beyond the minimum requirements.
Don’t Defend Your Dental Hygienist License Alone
If your Nevada Dental Hygienist License is at risk due to disciplinary action, you need and deserve legal advocacy. The LLF National Law Firm has years of proven experience, and they can help you navigate these difficult times. Call the LLF National Law Firm at 888-535-3686 today or contact us online.