Whether you’re in the Manchester metro area or closer to the Canadian border, New Hampshire is an excellent place to build a rewarding career as a dental hygienist. There is strong demand for dentists and dental hygienists in rural New Hampshire, and the major metro areas like Manchester and smaller cities and towns closer to Boston offer a variety of job opportunities. They range from independent dental practices and large dental groups to institutional settings that need dental hygienists on a full-time or part-time basis.
Since demand is very high, especially in inland New Hampshire, dental hygienists will have their pick of employers and flexibility in how they build their career. Although there is strong demand for dental hygienists along the Vermont border and the Montpelier metro area in particular, you may face the occasional threat to your dental hygienist license.
You worked very hard to earn your dental hygienist credentials. However, your license can be at risk through no fault of your own, or an egregious punishment for a mistake like incorrect paperwork, or even a mistake on the dentistry board’s part.
The LLF National Law Firm advocates for dental hygienists in the Granite State and nationwide, and we respect the vital work that you do. The LLF National Law Firm is experienced in protecting New Hampshire dental hygienists from threats to their licenses, and we can represent you 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.
Who Presides Over New Hampshire Dental Hygienists?
Dental hygienists in New Hampshire are governed by the Board of Dental Examiners (BDE), which is part of the state Office of Professional Licensure and Certification (OPLC). There is also a Dental Hygienist Committee that usually meets virtually once a month, and the meeting minutes are available to the public. This committee is specifically dedicated to licensure and governance matters for dental hygienists.
The BDE provides an overview of New Hampshire regulations that apply to dentists and dental hygienists. The state law that applies to dental hygienist practice is the Dental Practice Act.
Threats to Your Dental Hygienist License in New Hampshire
Dental hygienists who practice in New Hampshire must adhere to the practice standards set by the OPLC and the state Dental Practice Act. While these regulations are put in place to protect the general public, the BDE may inadvertently threaten your license out of an abundance of caution.
Allegations of Unprofessional Conduct
An employer, patient, insurance company, or other party may file a complaint accusing 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 major consequences.
- Drug or Alcohol Use: New Hampshire includes “addiction to mind-altering drugs or intoxicants” in its list of sanctionable offenses for dentists and dental hygienists.
- Unnecessary or Unauthorized Dental Services: Navigating dental coverage can be overwhelming and confusing for patients, especially since dental insurance may be insufficient and not fully cover the services the patient actually needs. Although dental hygienists do not have the same prescriptive authority in a patient’s care plan as a supervising dentist, you may still be subject to discipline by the BDE if a patient accuses the supervising dentist of performing unauthorized services.
- Inappropriate Behavior: Dental patients can be in a very vulnerable state, and their pain may require them to be heavily sedated. Whether by confusion under sedation or a simple misinterpretation, a patient may accuse you of inappropriate touching or language during their procedure.
- Medication Diversion: Dental hygienists have access to controlled substances, including nitrous oxide, as New Hampshire dental hygienists must obtain nitrous oxide permits before they can practice. If you are accused of diverting medication for recreational use or sale, you may face severe sanctions by the BDE in addition to federal charges for mishandling of controlled substances.
- Criminal Records: New Hampshire dental hygienists may be unable to obtain or renew a license in the state if they have a criminal record, as FBI background checks are mandated in the application process.
Administrative Challenges
New Hampshire dental hygienists frequently run into administrative challenges that can unintentionally threaten their license:
- Documentation Issues: Dental hygienist careers in New Hampshire can take many forms, like working for one dental group or dividing your time between the places where you are needed. While you need to choose the career path that works best for your needs, working with multiple practices can result in discrepancies in your licensure and employment documents. If OPLC sees a large amount of administrative inquiries into your records, they may consider temporarily suspending your license even though you did nothing wrong.
- Practicing with a Lapsed Temporary License: New Hampshire often has a shortage of healthcare workers, especially dental hygienists in rural areas. OPLC will grant out-of-state dental hygienists a temporary license valid for the earlier of 120 days or the BDE approving your application for a full license. You cannot renew a temporary license in New Hampshire, and you need to go through the licensure process from the ground up if you plan to practice in the state for more than 120 days.
Bureaucratic Challenges
New Hampshire is a great location for dental hygienists who want to work full-time in one dental practice or choose more flexible careers in travel dentistry and research settings, including the major research labs in the Boston area. However, these opportunities can come with bureaucratic risks that often inadvertently put your license at risk.
- Practicing Across State Lines: Generally, New Hampshire has reciprocity with most U.S. states and the District of Columbia when it comes to dental hygienist licenses. While there have been regulatory shifts across dentistry boards in multiple states to form compacts that eliminate licensing hurdles, especially in the New England area, where multiple small states are so close together, other state dentistry boards may not have similar reciprocity. Another state dentistry board could open an administrative inquiry with OPLC if you don’t have the correct paperwork.
- Traveling Dental Hygienist Compliance: In addition to the above multi-state licensing issues, there can be vast differences in compliance standards and documentation requirements across different dental practices and non-clinical settings like research labs, prisons, and nursing homes that utilize different standards than dental practices do. This can result in oversights that did not have malicious intent, but still put your dental hygienist license at risk.
- Filing Errors: Your renewal paperwork or responses to administrative inquiries may be missing, late, or not done correctly. OPLC 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 OPLC is exhausting and time-consuming, all while posing a massive risk to your ability to make a living.
Dental Hygienist Discipline Process in New Hampshire
As a dental hygienist in New Hampshire, disciplinary action is handled by the OPLC and BDE. Since dental hygienists interact with the public, OPLC investigates complaints closely and determines whether they should escalate:
- Complaint: A party files a complaint with OPLC. Complaints cannot be made anonymously, and you will receive a copy of the complaint with the filer’s identity.
- Attorney Review: A BDE attorney reviews the complaint in accordance with the Dental Practice Act and other regulations, particularly where accusations of professional misconduct are concerned. The attorney then makes a recommendation to either dismiss the complaint or escalate it to the board. If the attorney believes the complaint is credible and could signify professional misconduct, they will send you a copy of the complaint and demand a response if you are not the subject of a criminal investigation and doing so would not endanger the complainant. Depending on your response, they will either recommend an investigation or dismiss the complaint. If the complaint suggests criminal matters, like unlicensed practice, the attorney may forward the complaint to the state attorney general for criminal prosecution.
- Board Decision: If you are not under criminal investigation or prosecution, the BDE will agree or disagree with the attorney’s review to dismiss a complaint or escalate it to an investigation.
- Investigation: Investigations are prioritized based on both the order received and the severity as far as public safety is concerned. An independent investigator will subpoena documents and interview witnesses regarding the complaint. Since the investigator is not a dentist, they may request expert review from a recused board member to review their findings. The investigator may also contact an outside expert to avoid conflicts of interest. Once the investigation concludes, the investigator makes a recommendation to dismiss the complaint or escalate to discipline.
- Board Review: The BDE reviews the investigator’s report and recommendation. Based on this report, they may dismiss the complaint altogether, dismiss the complaint with a letter of concern to you, or request that the matter be forwarded to adjudication for disciplinary proceedings.
- Adjudication: The OPLC sets a hearing date and notifies you and the prosecution department within the Division of Enforcement, and the hearing is put on the public agenda. The prosecutor will negotiate your disciplinary action with you or your attorney. Once you come to an agreement, the prosecutor will notify the complainant of the disciplinary settlement and request the BDE’s approval. The BDE will agree with the recommendation and end the disciplinary process. If they disagree, the matter escalates to a disciplinary hearing.
- Disciplinary Hearing: At your disciplinary hearing, the prosecution presents witnesses and evidence before the BDE to prove the conduct outlined in the initial complaint and supported by the investigation. In turn, you can respond or present witnesses and evidence before the BDE to defend yourself. The BDE and presiding officer will then decide to dismiss the complaint or determine a proper sanction for professional misconduct.
A letter from the BDE or their attorney can certainly be cause for alarm, as the disciplinary process is a serious matter. It is best to line up professional license defense as soon as possible once you become aware that a complaint was made, so you can strategize your defense and prevent as much escalation as possible.
The Aftermath of BDE Sanctions
Disciplinary actions from the State of New Hampshire can result in a lasting impact on your dental hygienist career, even if you are still permitted to practice. Since you are allowed to have attorney representation under New Hampshire state law, you should not represent yourself. If the disciplinary process goes too far, it can have these consequences:
Documentation in State Databases
In New Hampshire, complaints against healthcare workers are public record for seven years, even if they were dismissed. If you have sanctions, future employers may be less apt to consider you when they check state databases.
Multi-State Licensing Complications
Moving may not guarantee your ability to practice again. You may no longer be eligible for reciprocal licenses, or even applying for a new license in another state altogether.
How We Can Protect Your Dental Hygienist License
You do not want to represent yourself if your dental hygienist license is challenged; the BDE and prosecutors do not presume your innocence. Even if investigators seek expert reviews from dental professionals, they can lack the nuance for investigating your workplace setting, and can become a key element of building your defense strategy.
Professional License Defense Team is a highly nuanced practice area that begins with the complaint process, and a professional license defense attorney will be able to negotiate for lighter sanctions if they cannot get your complaint dismissed.
The LLF National Law Firm provides comprehensive representation at every step of the disciplinary process, from your response to the reviewing attorney to representing you before the prosecutor.
If you are a dental hygienist in New Hampshire facing a BDE investigation, the LLF National Law Firm is ready to advocate for you and achieve the best outcome for your case. Call the LLF National Law Firm today at 888-535-3686 or reach out via our online contact form.