Becoming a dental hygienist in Hawaii can be an exciting and rewarding career path.
These licensed professionals provide a range of complex services— including x-rays, cleanings, and local anesthesia—in addition to educating patients about proper dental care. And as society becomes more aware of the inherent connection between longevity and oral health, the demand for skilled dental hygienists continues to rise.
Those interested in pursuing this high-profile profession must first complete an accredited education program that includes classes in subjects like anatomy, pharmacology, and microbiology.
Candidates must also pass two exams—the National Board Dental Hygiene Exam and a regional or national clinical exam—before they can secure a license to practice from the state’s Board of Dental Examiners.
And that just opens the door…
Building a successful dental hygienist practice requires a steady supply of both patience and persistence, as you work to expand your skills and serve your community.
It makes sense then, that you’d want to safeguard that hard work and protect your license.
Unfortunately, even a single allegation of professional misconduct can have a direct effect on your ability to practice as a licensed dental hygienist, and how you respond to the allegation can make all the difference in the final outcome.
The LLF National Law Firm can help you face complaints of professional misconduct and wrongdoing with confidence. Our Professional License Defense Team knows how to navigate disciplinary actions and help you present your best defense at every stage of the process. If you are concerned that your license as a dental hygienist could be in danger, call us today at (888) 535-3686 or use our online form to schedule a consultation.
How Are Dental Hygienists Regulated in Hawaii?
Hawaii’s Board of Dentistry (BOD or Board) governs all licensed professions in the field of dentistry. This includes:
- Dentists
- Dental Hygienists
- Community Service Dentists
- Community Service Dental Hygienists
This Board is part of Hawaii’s Professional & Vocational Licensing Division (PVL), and it also oversees dentists and dental hygienists operating with a temporary license. And while the licensing and renewal procedures are slightly different for those practicing in a temporary capacity, these professionals are held to the same high standards of care as their more traditional counterparts.
The Board’s authority is guided by the state’s administrative rules and statutes, and covers everything from eligibility and educational requirements to prohibited practices, licensing sanctions, and disciplinary actions.
Actions That Can Put Your Dental Hygienist License at Risk in Hawaii
Because Hawaii has so many remote areas, dental hygienists are sometimes the only source of dental care in smaller communities. This limited access to dental care makes it crucial that dental hygienists have the proper training and education to handle this very important responsibility. For that reason, the state holds dental hygienists to the same professional standards as dentists and other medical professionals. It also means the list of actions that can put your dental hygienist license at risk in Hawaii is a long one.
Allegations that can warrant an investigation include:
- False, fraudulent, or deceptive advertising
- Making untruthful or improbable statements
- Being addicted to or dependent on narcotics or other drugs or derivatives of a similar nature
- Practicing as a dental hygienist while impaired by alcohol, drugs, physical disability, or mental instability
- Obtaining your license through fraud, misrepresentation, or deceit
- Professional misconduct, incompetence, gross negligence, or manifest incapacity
- Failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity
- Violating any condition or limitation upon which a conditional or temporary license was issued
- Failure to comply, observe, or adhere to any law in a manner such that the licensing authority deems the applicant or holder to be an unfit or improper person to hold a license
- Failure to report in writing to the licensing authority any disciplinary decision issued against the licensee or the applicant in another jurisdiction within thirty days of the disciplinary decision
- Employing, utilizing, or attempting to employ or utilize at any time any person not licensed under the licensing laws where licensure is required
- In addition to these very specific actions, this list also includes rules with vague and broad language, such as:
- Generally failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license
- Violating this chapter, the applicable licensing laws, or any rule or order of the licensing authority
- Conduct or practice contrary to recognized standards of ethics for the licensed profession or vocation
This is to ensure that dental hygienists in Hawaii act honestly and professionally at all times. In fact, this list also includes any criminal violations that might affect or relate to your practice, as well as any disciplinary actions taken by another state or federal agency.
That means that actions outside your dental hygienist practice in Hawaii—such as things you do on vacation and after hours—can have a direct impact on your continued ability to practice… and even what seems like a simple misunderstanding can quickly escalate into something larger and more severe.
Knowing how to respond in these instances is essential to achieving the best possible outcome, and we can help with that.
The LLF National Law Firm has both the skills and experience you need to make smarter and informed decisions about your career as a dental hygienist in Hawaii. If you believe your professional license could be at risk, call us today at (888) 535-3686 or use our online form to schedule a consultation.
Does the LLF National Law Firm Serve the Entire State of Hawaii?
Yes! Our Professional License Defense Team works with dental hygienists, dentists, doctors, and a variety of other professionals in all 50 states.
This includes Hawaii’s largest cities, such as Honolulu, Hilo, Pearl City, and Waipahu, as well as its smaller areas, such as the town of Naalehu and the small community of Hana on Maui. It also includes the small islands of Niʻihau, Molokai, and Lānaʻi.
This broad coverage is especially beneficial in Hawaii, where a dental hygienist may travel between many of those less populated areas we mentioned and provide dental care to more than one town or community.
Because we work with dental professionals throughout Hawaii (and across the country), we can assist you regardless of where you live and work. It also means we can work with you if you’re licensed in other states, and—should you expand your practice to include states that participate in the Dentist & Dental Hygienist Compact—we would be able to help you defend your license in all of those areas too.
What is the Disciplinary Process for Dental Hygienists in Hawaii?
Complaints are filed through an online portal for the state’s Regulated Industries Complaint Office (RICO). This is an enforcement agency within the Department of Commerce and Consumer Affairs (DCCA), and it handles all complaints (and subsequent investigations) that involve a licensed professional. This includes dental professionals as well as other medical professionals, real estate agents, social workers, cosmetologists, and everything in between.
RICO offers three complaint options through its portal. A complainant can:
- Submit a self-help letter using a provided template. This letter is intended to be sent directly to the provider, with a copy sent to RICO.
- Submit a “tip” about unlicensed activity. This is not a formal complaint, but rather a “heads-up” to RICO that some type of prohibited activity may be happening. This tip can be submitted anonymously.
- Submit a formal complaint.
When RICO receives a complaint of any type (formal or not), it is reviewed by staff and investigated if necessary. There are three main divisions within RICO:
- Consumer Resource Center – This department handles intake. New complaints are screened by an investigator who is familiar with the specific licensing laws that govern the dental profession (and dental hygienists specifically). If the investigator determines that the Board and/or DCCA has jurisdiction and that the complaint requires further review, RICO will proceed with the investigation.
- Field Investigations – This department handles the investigative aspect of a complaint review. Investigators can gather evidence, interview witnesses and other parties, and make determinations about how a complaint should proceed. If the investigator believes the complaint has merit, they can send it to RICO’s legal department for potential prosecution
- Legal Review – Attorneys in this division will review complaints and their subsequent investigations to determine if discipline is required. If so, the attorneys can pursue disciplinary action in cases involving licensees. They can also pursue civil lawsuits in cases of unlicensed activity.
In the event a complaint is filed against you, you will be notified by a RICO investigator. You will also be given the opportunity to respond to the allegations and present your side of the story. If the circumstances require additional action, the Board will conduct a formal hearing where all parties will be present. You will be notified of the hearing, and you will be expected to attend. You will also be able to have an attorney with you and present your defense.
Once all evidence and testimony have been presented, the Board will make its determination.
Should you disagree with the Board’s decision, you can file an appeal but note that there are rules that govern this type of action. Make sure you are aware of all the applicable requirements and time constraints before you file.
What Type of Disciplinary Action Could I Face?
RICO and the BOD have broad discretion when it comes to disciplinary actions, and ultimately, the final outcome would depend greatly on the specific charges that have been alleged.
In general, sanctions and actions could include:
- A written warning
- Monetary fines
- Restrictions and/or conditions that limit your ability to practice
- Suspension of your license
- Revocation of your license
- A referral for criminal charges
A Word About Consent Orders
In many cases, you may be offered the opportunity to resolve a complaint without enduring a full-scale investigation and disciplinary process. This option is typically referred to as a Consent Order, and while it does offer some advantages, there are a few things you should know.
First, a consent order works like a plea agreement in a criminal case: you admit to the charges, agree to the recommended disciplinary actions, and the prosecution process stops. No more hearings, no more witnesses, no more investigation.
And in some instances, this will be your best option.
But that’s not always the case, and it’s important to understand what you’re signing before you make this kind of agreement.
Consent orders are binding—a legal contract between you and the Board. Sign in, and you are waiving your rights to present a defense, making it much harder to appeal any part of the agreement down the road.
You are also agreeing to the charges and that becomes part of your public record. That means it could affect your ability to practice for years to come.
It can also affect your ability to practice now. Since you are agreeing to whatever punishments and penalties the Board lays out, you could be giving up parts of your practice as it stands today.
Remember, disciplinary actions can include restrictions and limitations on your license. That can translate to limitations on the procedures you can perform or require that you practice only under supervision. It can mean you are required to take additional classes, enter a rehab program, or commit to community service for a specific amount of time.
Consent orders can also include license suspensions and voluntary surrenders (revocation) in some instances, so you’ll want to read your consent order very carefully and be crystal clear on everything you’re about to sign away.
A better option is to have the benefit of experienced counsel at your side when you consider this type of agreement. It’s the only way to be sure you’re making an informed decision.
Contact the LLF National Law Firm Today
Facing a disciplinary action from the state can be unnerving to say the least… so don’t try to face it alone. The state of Hawaii has a full team of investigators and attorneys working on their behalf—shouldn’t you have the same kind of experienced professionals standing beside you, too?
The LLF National Law Firm can be your advocate during this process. We can help you navigate the challenges you’re facing and make informed decisions about your future. Our Professional License Defense Team has been working with dental hygienists and other professionals for many years, and we know how to advocate for your rights.
Let us help you achieve the best possible outcome for your case. The sooner you call us, the sooner we can go to work for you. Don’t put your dental hygienist license at risk—call us today at (888) 535-3686 or use our online form to schedule a consultation.