Dental hygienists play a critical role in not only treating existing oral health concerns but also in helping to prevent dental issues from arising by educating and supporting patients in their care. From performing routine examinations to completing restorative treatments, you have a significant degree of responsibility, and you worked hard to earn the dental hygienist license you require to practice in Utah.
Regulatory boards place high expectations on dental professionals within their respective states to protect public health and to ensure there’s a consistent standard of practice across dental clinics and hospitals. However, although such rules are of course important, they also mean that dental hygienists can find themselves at the center of conduct investigations for even seemingly minor issues. And in the worst-case scenario, these investigations can result in license suspension or revocation. Should you lose your dental hygienist license, you will be unable to practice in Utah—putting your long-term career prospects and your livelihood in jeopardy.
But this is where the LLF National Law Firm can assist. Our experienced team can help all Utah dental professionals respond to Board investigations, challenge complaints made against you, and ultimately help to ensure you achieve the fairest possible outcome in your case. So, although it may be tempting to try to handle disciplinary matters alone, in the hope that this may lead to a quicker resolution, you have worked too hard to leave any part of your defense to chance. Take immediate and effective steps to protect your dental hygienist’s license. Retain the LLF National Law Firm Professional License Defense Team by contacting 888.535.3686 or completing our online contact form.
Utah Dentist and Dental Hygienist Licensing Board
The Utah Dentist and Dental Hygienist Licensing Board, also known as the state’s Division of Occupational and Professional Licensing (DOPL), is the agency responsible for granting and renewing dental practitioner licenses in the state. It also has the power to investigate dental hygienists who have allegedly violated professional practice rules or who have otherwise fallen below the standards expected of them.
As part of the Board’s jurisdiction, it can sanction dental hygienists for professional misconduct or for violating regulatory standards. Most often, the allegations relate to breaching the state’s Dentist and Dental Hygienist Practice Act in some way. And since the Act exists not only to govern dental professionals and enforce professional standards but to protect the public, the Board takes complaints or allegations against dental hygienists seriously.
The penalties the Board may impose include license suspension, restriction, or revocation, depending on the facts of each case.
Dental Hygienist Unprofessional or Unlawful Conduct
The Board handles complaints relating to unprofessional or unlawful conduct. Unlawful conduct includes, for example, issuing anesthesia without the required qualifications, or directly overriding or interfering with a dentist’s judgment or authority.
Unprofessional conduct is any conduct that brings the individual’s fitness to practice into question and includes:
- Paying a person or company for a patient referral
- Failing to maintain a safe and clean facility
- False advertising or marketing
- Negligence or incompetence
- Patient HIPAA and confidentiality breaches
- Abuse (physical or verbal) in the workplace
- Knowingly assisting a dentist working without a valid license
Felony and misdemeanor crime convictions can also lead to Board investigations, as such charges may raise questions about an individual’s fitness to practice as a dental hygienist.
When the Board Can Investigate Dental Hygienists in Utah
To be clear, the Board can’t investigate every complaint made by a dissatisfied or disgruntled patient. For example, the Board can’t act simply because a patient is unhappy with the treatment provided, or the cost of any treatment, unless there are allegations of negligence, fraud, or misrepresentation. It will, however, carefully review every complaint received and err on the side of caution by only dismissing outright complaints that clearly fall beyond its jurisdiction. As such, the moment you’re aware of a possible licensing issue, it’s crucial that you retain the LLF National Law Firm to pursue your legal rights and understand the options available to you.
The Dental Board Investigation Process
Any concerned individual, be it a member of the public or a patient, can file a complaint with the Board in writing against a dental hygienist. Colleagues and other professionals with mandatory reporting requirements may also contact the Board. Once the Board determines that the complaint is within its jurisdiction, it will undertake preliminary investigations. The Board must notify you in writing of any pending investigations, so you have knowledge of the accusations, understand the nature of the possible case against you, and have the fair opportunity to prepare a defense.
Board Investigation
Should the Board decide to investigate the complaint fully, they will undertake formal investigations to determine whether any misconduct occurred and, if so, to what degree. These investigations can take a few weeks or even longer, depending on the complexity and severity of the complaint. The investigators will typically interview the dental hygienist under review, and they may also interview colleagues or clinic staff. To support their investigations, you may be requested to provide patient records and other documentation—it’s usually best to comply, but the LLF National Law Firm Team will support you through the process and ensure the Board acts only within its remit.
Disciplinary Action
The Board will review its findings from the investigation to determine if disciplinary action is required. In some cases, they may simply opt to issue a verbal warning and offer guidance as to how you might avoid such complaints in the future. In other cases, they could issue a reprimand in writing; however, although this may not seem serious, it can impact your long-term professional record.
The Board can also offer a consent agreement, which is essentially a contract where the dental hygienist accepts that misconduct occurred and agrees to a lesser penalty than license suspension or revocation, such as probation. However, your attorney should be consulted before signing any such agreements, as the long-term consequences can be significant
Administrative Hearing
If the Board deems the violation sufficiently serious, or if there’s no consent agreement, the complaint proceeds to a formal administrative hearing.
An administrative hearing is a hearing that involves both sides presenting supporting evidence and challenging or refuting the other side’s evidence. Although it is not a civil court process, it is still formal in nature, and there are various procedural rules to follow, which is why you should seek help from the LLF National Professional License Defense Team prior to attending a hearing. Your legal team can represent you before the Board and help to ensure you present the strongest possible case.
Possible Outcomes of Utah Dental Board Investigations
In some cases, the Board will conclude that there’s no misconduct and that no further action is required. On the other hand, the Board has the discretion to suspend or revoke your license if it concludes that a violation occurred and it’s sufficiently serious to merit such a significant penalty. However, bear in mind that the Board can also use this discretion to impose somewhat lesser penalties, such as restricting your license, placing you on probation, or requiring you to attend mandatory counseling or education. In some situations, it may also require you to pay a fine or an alternative financial penalty.
In all cases, your LLF National Law Firm attorney will strive to ensure the Board treats you fairly and that any penalty, should it be unavoidable, is proportionate. The sooner you contact our team after receiving notice of possible disciplinary action, the quicker we can act on your behalf and protect your best interests.
How to Appeal Dental Hygienist License Suspension or Revocation in Utah
Should you lose your dental hygienist’s license in Utah, you can appeal the Board’s decision if you can show that the members treated you unfairly in some way, or if they failed to apply their own procedural rules correctly. For example, you might appeal if you can show that the panel did not fully consider the relevant facts or if they misapplied the law. But even if you have no grounds to appeal the Board’s initial decision to suspend or revoke your license, you may be able to reapply after a specified time if you can demonstrate compliance with any orders made by the Board, e.g., completing further education. However, remember that there’s no guarantee the Board will issue a new license or reinstate a suspended license following review. Revocation is often seen as a “last resort” penalty and is intended to be permanent. That’s why your best option is to robustly defend any Board investigations at the outset, which is where your LLF National Law Firm attorney can help.
Why Dental Hygienists Under Investigation Need Legal Advice
Unfortunately, even a seemingly minor accusation can ultimately threaten your right to practice as a dental hygienist in Utah. And at the very least, it can cause significant damage to your reputation among your peers and patients. But more specifically, here’s why any dental hygienist in Utah facing Board investigations should contact the LLF National Professional License Defense Team for representation.
- The Board routinely disciplines dental practitioners in Utah following misconduct allegations. As such, the Board members are familiar with the procedural steps involved, and they will not hesitate to suspend or revoke a practitioner’s license if they deem it appropriate. Without an experienced attorney on your side, you risk finding yourself at a significant disadvantage.
- It’s often possible to negotiate a less severe penalty than license suspension or revocation in Utah. Your attorney understands the nuances involved in handling such negotiations and is best placed to help you present a compelling and effective case.
- The Board may offer you a less serious penalty in exchange for an admission of guilt, or as part of a contractual agreement to resolve the complaint quickly. Without seeking legal advice, you risk making admissions that may prove detrimental to your long-term career prospects, without fully understanding the risks involved in reaching such an agreement.
- Defending yourself against misconduct allegations is not only time-consuming but also daunting. Psychologically, the strain of dealing with such complex legal procedures alone can leave individuals feeling overwhelmed and unsure how to proceed. Your attorney will ensure you understand exactly what to expect at each step of the process, so you feel empowered and confident in determining how to move forward with your career.
You have the right to retain an attorney to protect your best interests during the Board investigation process. Give yourself the best chance of protecting the license you have worked so hard to secure by retaining the LLF National Law Firm now.
Experienced Professional License Defense Attorneys in Utah
No matter whether you’re an experienced dental hygienist or you’ve just started your first position, the LLF National Law Firm is here to stand with you through the Board investigation process. From the moment you receive notice of possible disciplinary action, our team can provide the reassurance and support you need during this fraught and challenging time. Whether you’re in Salt Lake City, Provo, West Jordan, or Ogden, the LLF National Law Firm Team can help you negotiate with your licensing board and ensure that your side of the story is heard. Take prompt and effective steps to protect your dental hygienist license by contacting us today.
Hire the LLF National Law Firm Professional License Defense Team Now
If you’re a dental hygienist and your license is in jeopardy, don’t allow the situation to spiral out of control. Instead, take immediate action to ensure you stand the best chance of protecting your livelihood and your professional reputation. Given how hard you have worked to complete your education and the time and financial resources you have invested in building your dentistry career, it’s imperative that you take all possible steps to protect your position. Contact our Professional License Defense Team at 888.535.3686 to secure the representation you deserve at this challenging time, or tell us about your licensing investigation online.