Dental hygienists practicing in the State of Vermont are regulated and examined by the Vermont Board of Dental Examiners (Board), together with the Secretary of State’s Office of Professional Regulation (OPR). As a licensed dental hygienist, you enjoy all the privileges associated with your profession. Your license grants you professional income, security, and standing. However, the Board is granted authority, subject to state law, to take disciplinary action against you if there are any findings of misconduct or breaches of ethical rules. These actions can range from warnings or probation to loss of your license.
The LLF National Law Firm and its Professional License Defense Team have many years of experience defending dental hygienists against allegations of misconduct. We are available to help throughout the State of Vermont and can represent you before the Board and the OPR.
Call 888-535-3686 or fill out our confidential contact form to speak to a member of our staff regarding your case. Our compassionate and knowledgeable team stands ready to help you defend yourself against even the most serious allegations.
Dental Hygienist Practice in the State of Vermont
The Board is authorized by Vermont law to regulate and license any person who acts as a dental hygienist in the State of Vermont. It is illegal to practice as a dental hygienist in the State of Vermont without a license. Under Vermont law, a dental hygienist may engage in the following practices:
- Oral prophylaxis
- Oral debridement
- Periodontal descriptions and charting, including periodontal probing and placement of supra- and subgingival chemotherapeutic agents
- Exposure of radiographs
- Application of sealants
- Application of silver diamine fluoride
- Oral health screening and pre-diagnostic examination
- Use of periodontal lasers for pocket debridement
- Acquisition of impressions or images
- Temporary replacement of crowns
- Administration of local anesthesia if the hygienist holds an anesthesia specialty
- Such other dental practices as are generally accepted as appropriate for delegation based on the training, education, and experience of the hygienist
In addition to the Board’s role in licensing dental hygienists and setting standards for continuing education, it, along with the OPR, is also in charge of disciplining dental hygienists who violate Vermont state laws, rules, and regulations related to their license.
Under Vermont state law, the Board generally has broad authority to suspend or even revoke the license of a dental hygienist. Years and years of hard work and effort, not to mention hundreds of thousands of dollars of future income, can be lost if your license is suspended or revoked. It is vitally important to understand the relevant state rules and regulations and obtain legal representation if your license becomes at risk due to a proceeding before the Board. Let the LLF National Law Firm’s Professional License Defense team assist you so that you can preserve your license and continue your valuable practice.
Conduct That Is Grounds for Discipline of Dental Hygienists Under Vermont Law
The State of Vermont has specific laws, rules, and regulations that govern the practice of being a dental hygienist. Generally speaking, these are designed to ensure that dental hygienists conduct their practice with a high degree of ethical and moral integrity. A violation of any of these rules and regulations can result in punishment, including the loss or suspension of your license for the most serious infractions. A dental hygienist or applicant to the Board is subject to discipline by the Board in the case of such person engaging in:
- Fraudulent or deceptive procurement or use of a license
- Advertising that is intended or has a tendency to deceive
- Failing to comply with provisions of federal or state statutes or rules governing the practice of the profession.
- Failing to comply with an order of the Board or violating any term or condition of a license restricted by the Board.
- Practicing as a dental hygienist when medically or psychologically unfit to do so.
- Delegating dental hygienist responsibilities to a person whom the licensed professional knows, or has reason to know, is not qualified by training, experience, education, or licensing credentials to perform them
- Willfully making or filing false reports or records in the practice of the profession; willfully impeding or obstructing the proper making or filing of reports or records, or willfully failing to file the proper reports or records
- Failing to make available promptly to a patient copies of that person’s records, or failing to notify patients how to obtain their records when a practice closes
- Failing to retain client records for a period of seven years
- Conviction of a crime related to the practice of the profession or conviction of a felony, whether or not related to the practice of being a dental hygienist
- Failing to report to the office a conviction of any felony or any offense related to the practice of being a dental hygienist in a Vermont district court, a Vermont superior court, a federal court, or a court outside Vermont within 30 days
- Exercising undue influence on or taking improper advantage of a person, or promoting the sale of services or goods in a manner that exploits a person for the financial gain of the practitioner or a third party
- Performing treatments or providing services which the dental hygienist is not qualified to perform or which are beyond the scope of the licensee’s education, training, capabilities, experience, or scope of practice
- Failing to report to the Board within 30 days a change of name or address
- Failing to exercise independent professional judgment in the performance of being a dental hygienist
- Failure to practice competently by reason of any cause on a single occasion or on multiple occasions may constitute unprofessional conduct, whether actual injury to a patient has occurred. Failure to practice competently includes:
- performance of unsafe or unacceptable patient care
- failure to conform to the essential standards of acceptable and prevailing practice.
What Happens After Allegations of Misconduct Are Made Against a Licensed Dental Hygienist in the State of Vermont
The lack of established due process requirements makes it imperative to contact the LLF National Law Firm’s Professional License Defense Team as soon as you become aware that a complaint is lodged against you. Many people, when faced with an allegation of misconduct, wait until there are negative consequences before getting an attorney involved. However, our Professional License Defense Team is most effective when we are involved early in the process and may be able to get a complaint dismissed or come to a satisfactory agreement with the Board and the OPR before formal proceedings have commenced.
The Board maintains an online complaint form through which members of the public can report an unethical action or rule violation by the dental hygienist. The complaint must name the dental hygienist and contain a brief description of the facts and circumstances of the alleged misconduct.
After the receipt of a complaint, the Board shall provide notice to the dental hygienist, who shall have the right to contest or accept the allegations. In a contested case, all parties shall be given an opportunity for a hearing after reasonable notice.
The notice shall include:
- A statement of the time, place, and nature of the hearing
- A statement of the legal authority and jurisdiction under which the hearing is to be held
- A reference to the particular sections of the statutes and rules involved.
- A short and plain statement of the matters at issue.
At any time before the hearing, an informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. Many times, the LLF National Law Firm is able to negotiate a successful settlement with acceptable consequences at this stage of the process.
The hearing will be held before the Board, at which the dental hygienist will be given the opportunity to respond and present evidence and argument on all issues involved.
The Board may, whether or not specifically authorized in any other provision of law, compel, by subpoena, the attendance and testimony of witnesses and the production of books and records. The hearing is a quasi-legal proceeding that includes pleadings and motions, the presentation of evidence, cross-examinations, and objections.
Following the hearing, a final decision will be rendered by the Board. The Board shall decide matters of law and make findings of fact based on the matters included in the record. Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
The Board may impose any one or more of the following sanctions on a dental hygienist:
- Revoke, suspend, restrict, limit, or refuse to renew a license;
- Reprimand or place the dental hygienist on probation;
- Impose a monetary penalty or forfeiture in an amount not to exceed $1,000.
Why You Should Hire the LLF National Law Firm
Although you have the absolute right to defend yourself in any proceeding before the Board, you do so at your own risk. Due to the stakes involved, including suspension or revocation of your license, every complaint should be taken seriously. Even if you believe that the complaint against you is frivolous or unsubstantiated, the risks are too great to defend yourself without our Professional License Defense Team by your side.
Unlike criminal matters, you are not innocent until proven guilty under the disciplinary process. In addition, the licensing Board only has to find that you are guilty of misconduct by a “preponderance of the evidence” standard. That means that if the Board finds that it is more likely than not that you committed an infraction, they will find you guilty. This standard is especially crucial in these types of proceedings where the finding of guilt or innocence is often determined based on the word of one person against another person. This standard is fraught with danger, as it can often lead to unjust outcomes and erroneous findings. Engaging an experienced attorney to stand by your side will enhance your chances of avoiding discipline.
Contrary to the view of many people, hiring an attorney does not make you look guilty, and the Board cannot use the fact that you hired an attorney against you. In many cases, hiring an attorney is looked upon favorably as it indicates that you are taking the matter seriously and are willing to vigorously defend yourself. In addition, it is often possible that an attorney is able to point out flaws or inconsistencies in the case against you. This can lead to the proceeding being dismissed or the Board being open to an amicable settlement on terms that fall short of severe discipline.
How We Can Help
The LLF National Firm Professional License Defense Team is ready and able to defend you against any kind of professional misconduct allegation. We have worked with dental hygienists in the State of Vermont and nationwide to assist them against even the most serious charges. We will fight for you throughout the entire disciplinary process and, if necessary, through an appeal to the court system. We understand the devastating professional and reputational consequences that can result from a proceeding being brought against you.
When you retain our team, we will:
- Thoroughly review the complaint and discuss the strengths and weaknesses of the case against you
- Conduct a fact-finding investigation to ensure that all facts are presented in the light most favorable to you
- Represent you during the investigatory process with the goal of having the complaint dismissed
- If a hearing is mandated by the Board, negotiate with the Board in order to have the penalties mitigated
- Defend you with respect to any hearing, including assisting you in calling and examining witnesses and presenting beneficial documents on your behalf
- If a negative outcome results from the hearing, filing an appeal in the Vermont court system to vindicate your rights
Your license is too valuable to try to defend yourself on your own. The Board will have a team of professionals on its side. You need a strong team on your side as well. Our Professional Defense Team has the experience and toughness you need. Call the LLF National Law Firm today at 888-535-3686 or fill out our confidential contact form.