Whether you're in Motor City or the Upper Peninsula, Michigan is an excellent place to build a rewarding career as a dental hygienist. Per the American Dental Association, over 5,700 dentists practice throughout the state. Michigan's diverse makeup consists of urban areas, rural regions, lakeshore communities, and more, which contain independent dental practices, large dental groups, and clinics that always need dental hygienists on a full-time or part-time basis.
Dental hygienists have no shortage of opportunities in the Wolverine State. Although there is strong demand for dental hygienists on both the mainland and the UP, you may face the occasional threat to your dental hygienist license. You worked very hard to earn your credentials, but they can be inadvertently put at risk if you filed the incorrect paperwork, are accused of poor conduct by a jilted co-worker, or even if the dental board made a mistake.
The Lento Law Firm advocates for dental hygienists across the U.S. and the vital work that you do. The Lento Professional License Team is experienced in protecting dental hygienists across the nation from threats to their licenses, and we can represent you before the Michigan Board of Dentistry, even if you have a complex case. Call us at 888-535-3686 or fill out our online intake form to tell us about your case.
Dental Hygienist Opportunities in Michigan
Dental hygienists play a critical role in keeping Michigan dental practices up and running. With the Bureau of Labor Statistics estimating a 9% job growth rate nationwide and Michigan's population exceeding 10 million people with consistent growth, dental hygienists will frequently have their pick of employers throughout the Wolverine State.
Large regional dental groups and small independent practices throughout the mainland have the most numerous and stable options, although smaller communities in the UP also frequently need clinicians. Corporate dental practices abound in major cities like Grand Rapids, Lansing, Ann Arbor, and the Detroit area, and these practices tend to offer more set hours, plus competitive pay and benefits for full-time dental hygienists.
If you're seeking a more flexible career, small dental offices in more suburban and rural parts of Michigan may only need dental hygienists on a part-time basis. Hospitals, nursing homes, and mobile dental clinics that serve Michiganders frequently need both full-time and part-time hygienists. For non-clinical settings, Michigan is home to renowned research universities like the University of Michigan and Michigan State University that need dental hygienists to assist with dental research. Prisons and other state facilities also need dental staff and offer generous benefits usually unavailable in the private sector.
Michigan is also a large state with proximity to Illinois, Indiana, Ohio, Wisconsin, and the Canadian province of Ontario. This presents several opportunities for travel dental hygienists. However, you may face roadblocks from multiple licensing boards: just because you satisfied Michigan's licensure requirements does not necessarily mean you will have reciprocity in Chicago.
Travel dental hygienists, and dental hygienists with less traditional careers moored to one practice, need a legal team experienced in multistate and multi-practice issues that can arise and inadvertently subject you to infractions or disciplinary action. The Lento Law Firm's Professional License Defense Team stays up to date with the compliance and licensure regulations throughout the Midwest. We have experience representing dental hygienists to dentistry boards in Michigan, Illinois, and Wisconsin, and we strive to get you the best possible outcome if your license is in jeopardy.
Threats to Your Dental Hygienist License in Michigan
In Michigan, dental hygienist licenses are administered through the Michigan Board of Dentistry (MBD). The state agency that oversees MBD and numerous other professional licensing boards is LARA, Licensing and Regulatory Affairs.
Dental hygienists who practice in Michigan must practice standards of care outlined in the Michigan Public Health Code and dentistry regulations in the Michigan Administrative Code, and can face several different threats to their licenses.
Allegations of Unprofessional Conduct
A patient, supervising dentist, co-worker, or a patient's family member may accuse you of professional misconduct. These allegations are serious and they include, but are not limited to:
- Gross Negligence: Being accused of neglecting a patient under your care can have staggering consequences.
- Drug or Alcohol Use: Michigan's public health code defines substance use as impairment if it affects your ability to care for patients. While this generally does not include recreational substance use when you are not at work, some parties may interpret drug and alcohol use as not being of “good moral character”, which is a licensure requirement in Michigan.
- Unnecessary or Unauthorized Dental Services: Navigating dental coverage can be incredibly confusing for patients, as dental insurance has not cost-indexed in decades and may not cover various services. While dental hygienists do not have the same agency in a patient's care plan as a supervising dentist, you may still be subject to discipline if a patient accuses the dental practice of performing unauthorized services.
- Inappropriate Behavior: Dental patients are frequently put in a vulnerable state. You may be accused of inappropriate touching or comments during a procedure, even if that was not your intent.
- Medication Diversion: Dental hygienists often have access to controlled substances. Michigan also requires licensed dental hygienists to obtain two additional certificates for administering anesthesia and nitrous oxide by completing training programs verified by LARA. If you do not have these certificates, you may face severe disciplinary actions by MBD, in addition to accusations of theft, mishandling, and diversion of controlled substances.
- Criminal Records: Dental hygienists may be ineligible to obtain or renew a license in Michigan if you have a criminal record that includes "crime of moral turpitude", like a DUI or violent crime.
Administrative Challenges
Michigan dental hygienists frequently run into administrative challenges that can inadvertently put your license at risk:
- Documentation Issues: Although full-time employment in one dental practice is more common today than it once was, many dental hygienists in Michigan choose to work in multiple practices part-time or per diem. This can result in discrepancies in your licensure and employment documents, and what MBD considers to be an unusual amount of administrative inquiries into your records.
- Non-Clinical Licensure: Michigan differentiates registered dental hygienists by four categories: general, specialty certification, clinical academic limited license, and non-clinical academic limited license. Ultimately, the type of license that is best for you depends on the workplace setting you would prefer and the employer's requirements. However, you can risk your license if you are working with the incorrect type and the employer does not specify or verify, but an inspector does.
Bureaucratic Challenges
Michigan has an abundance of opportunities for dental hygienists in both clinical and non-clinical settings, including flexible and travel careers. However, these options can frequently lead to bureaucratic issues that inadvertently put your license at risk.
- Practicing Across State Lines: Generally, Michigan permits dental hygienists who received their license in another state or a Canadian province within the past three years to apply for a license in Michigan, provided that all of the requirements are met. However, it does not grant carte blanche to resume practice right away. Inversely, if you live in Michigan but practice in neighboring states like Illinois and Indiana, you may need additional permits or reciprocal licenses in those states.
- Traveling Dental Hygienist Compliance: In addition to multi-state licensing issues, there can be vast differences in compliance standards and documentation requirements across different dental practices and non-clinical settings in multiple states. This can result in oversights, careless mistakes, or missing paperwork that puts your license at risk.
- Filing Errors: Your MBD paperwork may be missing, late, or completed incorrectly. LARA staff may also process your documents late or incorrectly. It can be difficult to prove these errors weren't your fault. Going back and forth with LARA is exhausting and time-consuming, all while posing a massive risk to your ability to keep working.
Dental Hygienist Discipline Process in Michigan
As a dental hygienist in Michigan, disciplinary action is handled by the MBD, the Michigan Board of Dentistry, under LARA. Since dental hygienists interact with the public, LARA takes complaints seriously and has a complaint and investigation process:
- Complaint: A complainant files a complaint with MiPLUS, the Michigan Professional Licensing User System, which covers a wide variety of licensed professionals in the state. The complaint intake department at LARA reviews the complaint and determines whether the accused violated the Public Health Code.
- Escalation or Dismissal: The complaint intake department either authorizes an investigation and sends it to a LARA investigator or closes the complaint, and no further action is taken.
- Investigation: The investigator interviews the complainant, the dental hygienist in question, and any other parties who can provide more information about the case, such as supervising dentists and other practice staff. They also gather evidence for review to determine whether the investigation should escalate to an administrative complaint or close the case. Depending on the complexity and number of parties involved, a LARA investigation takes 30-90 days, and you will be notified if you are under investigation.
- Investigator's Recommendation: The investigator makes a recommendation to LARA based on their findings. Usually, they will recommend closing the case if their findings failed to substantiate the complainant's allegations or transfer the case to MBD for an administrative complaint if the findings support the allegations. In more complex cases, the investigator may suggest expert review to determine whether the accused met conduct standards for their profession.
- Administrative Complaint: If the State of Michigan believes there is sufficient evidence of a violation of the Public Health Code, a formal administrative complaint is issued. It is a formal charging document outlining the alleged violations. You have 30 days to respond to this complaint in writing or face automatic sanctions. If the State believes that there is an imminent threat to public health and the MBD supports this supposition, your dental hygienist license can be summarily suspended, and you cannot practice until an administrative hearing is held.
- Compliance Conference: A compliance conference is scheduled after you respond to the administrative complaint. This conference is an opportunity to negotiate a settlement agreeable to both you and LARA prior to an administrative hearing. Proposed settlements are then forwarded to the disciplinary subcommittee for review, and they must be approved before being considered legal and binding. They may reject the offer or make a counteroffer. Proposed settlements can include probation periods, monetary fines, keeping your license but practicing with restrictions, or conditions such as additional education and community service.
- Administrative Hearing: An administrative hearing is held with an administrative law judge who acts as both judge and jury. Similar to criminal and civil courts, witnesses are called to testify, evidence is presented, and legal procedural issues are addressed. An assistant attorney general represents the State of Michigan, and you have the right to your own legal counsel. The administrative law judge will issue a Proposal for Decision that determines whether a violation of the Public Health Code was proven.
- Disciplinary Subcommittee Final Decision: The Proposal for Decision is reviewed by the disciplinary subcommittee at their next scheduled meeting. They can either accept the judge's decision, dismiss the administrative complaint, or reverse the judge's decision if they disagree. Regardless of whether the disciplinary subcommittee agrees with the judge's decision, they can issue sanctions if violations of the Public Health Code are substantiated.
A letter from the MBD or LARA can certainly induce panic, as the disciplinary process is a serious and daunting prospect. The Lento Law Firm's experienced Professional License Defense Team has negotiated with dentistry boards, administrative law judges, and other parties involved in the disciplinary process. It is best to line up the defense as soon as possible once you become aware that a complaint was made.
The Aftermath of Dentistry Board Disciplinary Actions
Disciplinary actions from the State of Michigan and MBD can result in an enduring impact on your dental hygienist career, even if you are still permitted to practice. Disciplinary actions become public record, which can affect your future career prospects.
Documentation in State Databases
LARA allows the general public to verify a healthcare worker's license, review current disciplinary action reports, or make a written request regarding any licensed healthcare provider in the state, including dental hygienists. Future employers are apt to make these requests, and it can adversely affect their decision whether to hire you, even if they have a dire shortage of clinicians.
Multi-State Licensing Complications
Moving may not guarantee your ability to practice again. Other state dentistry boards could reject your application for a reciprocal license, or not allow you to start the licensing process all over again, depending on the length and severity of your disciplinary record.
How We Can Protect Your Dental Hygienist License
You do not want to represent yourself if your dental hygienist license is challenged, as LARA, the MBD, and administrative law judges do not presume your innocence. Even though Michigan's investigation process first goes through LARA before it reaches the dentistry board and their disciplinary subcommittee, professional license defense is a highly nuanced practice area that begins with the complaint process and strives to avoid the administrative hearing stage if possible. The Lento Law Firm's Professional License Defense Team is experienced with the nuances specific to dentistry boards, and we have assisted dental hygienists throughout Michigan with defending their hard-earned livelihoods.
It is best to arrange professional license defense as early as possible so we can tailor your defense strategy accordingly, and defend the career that you worked incredibly hard to attain. We provide comprehensive representation at every step of the disciplinary process, from assisting with your response to an administrative complaint to being your counsel at compliance conferences and administrative hearings.
Dental Hygienist Defense in Michigan
If you are a dental hygienist in Michigan facing an investigation or disciplinary action by the MBD, the Lento Law Firm's Professional License Defense Team is ready to advocate for you and achieve the best outcome for your case. Call the Lento Law Firm today at 888-535-3686 or reach out via our online contact form.
