For Alaskans, dental care is health care, and licensed dental hygienists are a critical resource, providing much-needed treatment to children and adults throughout the state. If you are a dental hygienist, you know that your work is challenging and profoundly meaningful. Oral healthcare isn’t only about a great smile. It is an element of overall physical health and wellness. In treating the developing teeth and gums of children or delivering vital preventive care to adults, dental hygienists use their education and experience to maintain and improve the health of their community. As a dental hygienist, your calm, consistent bedside manner eases patient anxiety and helps make trips to the dentist successful.
Whether you practice in Anchorage, Fairbanks, Juneau, Ketchikan, or in a smaller community, the people of Alaska need trained, qualified, and licensed dental hygienists to conduct preliminary dental exams, take dental x-rays, chart cavities, and perform other equally significant oral healthcare tasks.
For a dental hygienist who is deeply committed to their practice and patients, it can be devastating to learn that a complaint has been made against you. Any complaint, even one that is unfounded or ultimately dismissed, can wreak havoc with your life, livelihood, and professional practice.
At the LLF National Law Firm, our attorneys defend dental hygienists and other medical and health care professionals against accusations of professional misconduct in Alaska. If you are a dental hygienist in Alaska and a license complaint has been filed against you, it’s time to discuss your case with our Professional License Defense Team. Call our offices at 888-535-3686 or complete a confidential online form.
Alaska’s Division of Corporations, Business and Professional Licensing, and the Board of Dental Examiners
In Alaska, the Division of Corporations, Business and Professional Licensing (the Division) is responsible for ensuring that Alaskan consumers engage competent, professional, and regulated commercial service providers, including in the field of healthcare. The Division conducts investigations into dental hygienists and other professionals accused of violating Alaska’s professional licensing statutes and regulations, including those related to the practice of dentistry and dental hygiene.
The Board of Dental Examiners (the Board) is responsible for adopting regulations governing dentistry and dental hygiene practice, as well as for disciplining dentists and dental hygienists who have violated the rules.
The Board, consisting of seven members, must include:
- Six dentists
- Two dental hygienists
- One public member
Members of the board are appointed by the governor and confirmed by the state legislature.
What Types of Conduct Can Lead to Professional License Disciplinary Action in Alaska?
In Alaska, the grounds for misconduct often include fraudulent or deceptive practice, sexual misconduct, substance abuse or addiction, gross negligence, and criminal convictions, including but not limited to:
- Obtaining a license, certificate, or endorsement through deceit, fraud, or intentional misrepresentation
- Providing or billing for professional services or engaging in professional activities in a deceitful or fraudulent manner
- Advertising professional services falsely or misleadingly
- Being convicted of a felony or other crime that affects your ability to continue to practice competently and safely
- Continuing to practice after becoming unfit due to professional incompetence, an addiction or dependence on alcohol or other drugs that impairs the licensee’s ability to practice safely, or a physical or mental disability
- Engaging in lewd or immoral conduct in connection with the delivery of professional service to patients
- Failing to conform to professional standards in delivering dental hygiene services to patients, regardless of whether the patient is actually injured
- Falsifying or destroying patient or facility records
Any complaint against your license may feel like an attack against you and your livelihood. Let the LLF National Law Firm help protect your license. No matter what the charge, we can partner with you to develop a comprehensive defense strategy.
What is the License Disciplinary Process in Alaska?
In Alaska, complaints against medical professionals, including dental hygienists, are investigated by the Division, and the Board maintains the authority to discipline dental hygienists who have committed misconduct.
The Complaint
The Division accepts complaints filed against licensed dental hygienists. Anyone can file a complaint. Complaints are commonly filed by patients, the family members of patients, colleagues, co-workers, insurers, and employers.
The Investigation
When the Division receives a complaint, investigators review the accusation and initial evidence to determine if the Division and Board have authority over the allegation. If the Division or Board does not have jurisdiction over the allegations, the complaint may be closed.
If the Division and Board have jurisdiction over the allegation, notice of the allegation is sent to the accused dental hygienist. The notice may include a request for records, an interview, or other information from the accused dental hygienist.
Investigators collect evidence by:
- Obtaining records, documentation, and other evidence about the complaint
- Interviewing the parties involved, including the complainant, patient, the accused licensees, and any other witnesses.
- Preparing and serving subpoenas, if necessary
As a dental hygienist accused of misconduct, you must respond to the investigator’s requests carefully. The LLF National Law Firm can collaborate with you to ensure your interactions with investigators are strategic and intentional.
After investigators have gathered the requisite information, the Chief Investigator reviews the evidence and makes a recommendation to continue the investigation, to close the case, or to continue with the disciplinary proceedings.
A complaint determined to be unfounded or unsupported by evidence is closed. If the Chief Investigator believes that the complaint is supported by evidence,
Consent Agreements and Public Hearings
Cases that are subject to an official investigation are often resolved through a consent agreement. Consent agreements are settlements in which a disciplinary action is agreed to by both the Board and the Licensee without a public hearing.
Our Professional License Defense Team knows that a favorable resolution, particularly one achieved with a formal disciplinary hearing, can be highly desired by accused licensees.
When negotiating a consent agreement, the Division may consider multiple factors, including the nature of the violation, the effect of the violation on the public and the profession, if the conduct was knowing and willful, previous violations, mitigating circumstances, and any precedential cases.
An accused licensee may avoid a formal disciplinary hearing by agreeing to a consent order. In most settlements, the accused licensee must admit to a violation and agree to a sanction. In return, they avoid the uncertainty of a formal and public hearing.
If an agreement cannot be negotiated, the case is referred to the Assistant Attorney General for review. If an accusation is filed and the dental hygienist is charged with a violation, the licensee is entitled to a hearing.
Additional pre-hearing negotiations may result in a settlement. If there is no settlement, an administrative hearing is held and conducted by the Office of Administrative Hearings (OAH). The attorneys of the LLF National Law Firm can partner with you to prepare for a license disciplinary hearing. Because the stakes are high,
After the hearing, the OAH provides the Board with a proposed decision and order. The Board may adopt, amend, or reject the proposed decision.
Any decision or order adopted by the Board may be appealed to the Superior Court.
The LLF National Law Firm believes in approaching all negotiations with a clear understanding of the accused licensee’s priorities. Our attorneys can work to resolve a disciplinary complaint and advocate for you during consent order negotiations. We will review the terms of any agreement with you, answer your questions, and help ensure you understand the nuances of any settlement.
The Sanctions
A licensee who has accepted a consent agreement or received a decision after a formal hearing may be sanctioned. Possible sanctions include:
- Reprimand
- Revocation of license
- Civil fine
- Suspension of the license for a period of time
- Probation
- Required continuing education courses
If you have been sanctioned by the Board, contact the LLF National Law Firm immediately so that our experienced professional license defense attorneys can review your case and identify opportunities for a timely appeal.
Importantly, be aware that many dental hygienists experience additional adverse consequences as a result of a license disciplinary investigation or hearing.
Accused dental hygienists may find the adversarial nature of an investigation and the uncertainty of a formal hearing tremendously stressful. They may feel alone or ashamed of the stigma associated with a licensee’s complaints. The threat of a potentially career-ending disciplinary process may lead to anxiety, depression, and other mental health challenges.
You are trained to provide critical dental care to patients, not navigate the complexities of Alaska’s disciplinary process. Let us help you protect your dental hygienist’s license. It’s time to partner with the LLF National Law Firm.
How Can the LLF National Law Firm Help Protect Your Alaskan Dental Hygienist License?
With your license and livelihood on the line, you need the LLF National Firm in your corner, fighting for you and your future. When you partner with our experienced Professional License Defense Team, we can develop a comprehensive license defense strategy and:
- Analyze the allegations against you and help respond to your initial notice of the complaint. Every interaction you have with the Division, the Board, or their representatives should be approached carefully and strategically. A careless remark or clumsily-worded statement may be used against you during disciplinary proceedings. Additionally, any records or evidence that is requested from you should be carefully reviewed and vetted prior to giving it to an investigator. Any information or documents shared with the Division and its investigators should be carefully recorded. Our experienced attorneys can help you prepare for an interview with an investigator or to testify as part of a formal hearing.
- Investigate the claims against you and identify mitigating evidence and exonerating witnesses. Investigators are not neutral, third parties with unlimited resources. Even the best and most unbiased investigator can miss an essential fact or overlook an important mitigating witness.
The LLF National Law Firm Team understands the complexity of your practice. We will diligently search for relevant evidence and witnesses in support of your case.
- Advocate on your behalf during negotiations for a consent agreement or pre-hearing settlement. At the LLF National Law Firm, we are committed to your best interests. Our experienced attorneys will partner with you to discuss the terms of any agreement and answer all of your questions. We want you to understand the nuances of your settlement, including any limitations on your ability to practice dental hygiene, before agreeing to the order.
- Represent you during a formal hearing. We can apply our knowledge of Alaskan law, regulations, and rules of procedure to advocate on your behalf. During the hearing, we can help tell your story to the OAH and ensure relevant evidence, testimony, and legal arguments are heard and included in the record.
- Develop an appeal strategy, if necessary. Appeals often demand strict diligence and adherence to tight timelines to maximize the chance of success.
In Alaska, license disciplinary investigations and hearings can be long and arduous. Each step requires thoughtful attention. A missed deadline may limit your rights. A careless statement can be used as evidence against you, treated as an admission of misconduct, or undermine your defense strategy. You don’t have to navigate the license disciplinary maze alone. Instead, partner with the LLF National Law Firm Professional License Defense Team.
Let the LLF National Law Firm Protect Your Dental Hygienist License in Alaska
At the LLF National Law Firm, we know your work is both a profession and a calling. You play an essential role in delivering quality, responsive dental care to your patients. Your patients need your knowledge and expertise, and you need your license to provide this critical care.
If you discover that a professional misconduct complaint has been filed against you, call our Professional License Defense Team. Let our experienced attorneys review your case, identify your options, and challenge the allegations against you. Our attorneys help dental hygienists defend themselves and their licenses during misconduct investigations, hearings, and sanctions.
Don’t let a license complaint, investigation, or hearing jeopardize your license or keep you from your patients. If you need help protecting your dental hygienist license in Alaska, call the LLF National Law Firm’s Professional License Defense Team. To partner with our experienced attorneys, contact our offices at 888-535-3686 or contact us online.