Your work as a dental hygienist in Georgia is vital—not just to your patients' oral health but to their overall well-being. Achieving licensure in Georgia is no small feat. You've dedicated years to mastering your skills, passing rigorous exams, and building a trusted reputation in your field. But when a complaint or allegation arises, it can feel like all you've worked for is at risk. Facing a potential threat to your professional license is a deeply stressful and uncertain experience, especially when your career and livelihood hang in the balance.
Your concern is not unfounded. The Georgia Board of Dentistry takes seriously its commitment to public safety, and they investigate every allegation of misconduct made against both dentists and dental hygienists to see whether they have violated state standards of professional and ethical practice. These investigations are serious, often culminating in measures ranging from public reprimands to the suspension or even revocation of your license. For a dental hygienist, that could mean the end of a career you've worked so hard to achieve.
Whether this crisis stems from a misstep, an honest misunderstanding, or someone's sheer vindictiveness, you don't have to face it alone. The Professional License Team at the Lento Law Firm has the experience, skill, and compassion needed to help you protect your license and your future. We have successfully defended licensed professionals across the nation, navigating the complexities of disciplinary proceedings with diligence and care. We understand the unique challenges dental hygienists face and bring a tailored, strategic approach to every case. Whether you practice in Greater Atlanta, Augusta, Savannah, or Athens, we can greatly improve your chances for a positive resolution, one that enables you to continue in your career. Call the Lento Law Firm today at 888-535-3686 or utilize our online form.
Regulation of Dental Hygienists in Georgia
Dental hygienists in Georgia operate under a framework of laws and regulations designed to ensure the safe, ethical, and professional practice of dental care. Like dentists, dental hygienists are regulated by the Georgia Dental Practice Act (O.C.G.A. § 43-11-1, et. seq.) and the Rules of the Georgia Board of Dentistry (GA Rules & Regulations Dept. 150). These legal provisions define the authority of the Georgia Board of Dentistry, outline the scope of practice for dental hygienists, and set forth the professional standards and ethical expectations to which they must adhere.
The Georgia Dental Practice Act establishes the Board's authority to license and regulate dental professionals, including carrying out investigations and disciplinary actions when a complaint is filed. Meanwhile, the Rules of the Georgia Board of Dentistry provide detailed guidelines for practice standards, such as permissible duties, continuing education requirements, and grounds for disciplinary measures. Violations can range from issues of poor patient care and unprofessional behavior to administrative errors, all of which the Board takes seriously.
When investigating a complaint or alleged violation, the Board evaluates the evidence using the "preponderance of the evidence" standard. This means the Board determines whether it is more likely than not that a violation occurred, based on the evidence presented. Unlike the beyond-a-reasonable-doubt standard applied in criminal courts, this standard is less stringent, lowering the threshold for the Board to conclude that misconduct occurred. This difference is important to understand because if you're accused of wrongdoing as a dental hygienist, you are effectively coming into the disciplinary process at more of a disadvantage than if you had been charged with a crime.
Offenses That Could Jeopardize a Dental Hygienist's License in Georgia
Dental hygienists in Georgia are held to strict ethical and professional standards to ensure safe, effective, and ethical dental care for the public while maintaining trust in the profession. Allegations of misconduct that could lead to disciplinary action typically fall under the umbrella of "unprofessional conduct" and other violations of public trust. Some common allegations that could put your license at risk include the following.
Gross Negligence
Gross negligence involves a severe departure from accepted professional practices, potentially endangering a patient's health. For instance, neglecting to properly sterilize dental tools or failing to identify signs of a serious oral health issue during routine care could be cited as gross negligence. Such oversights not only jeopardize patient well-being but also put the hygienist's license in jeopardy.
Billing and Insurance Fraud
Unethical billing practices, such as submitting claims for services that were not performed or overcharging for procedures, can lead to allegations of fraud. Examples include fabricating patient records to justify higher insurance reimbursements.
Mishandling of Medications
Dental hygienists are sometimes responsible for administering or managing medications like fluoride treatments or anesthetics. Mishandling these substances—for example, administering medications without proper certification or failing to follow dosage guidelines—can constitute a serious breach of professional duty. Such errors may result in harm to patients and disciplinary action. Other examples of medication-related misconduct include diverting prescription medications for sale or personal use, or failing to keep accurate inventory records.
Sexual Misconduct
Engaging in sexual conduct with a patient, even if consensual, is a serious ethical violation that puts your license at risk. Other examples of sexual misconduct might include making inappropriate sexual remarks to patients or coworkers, engaging in non-consensual contact, etc. Such behavior not only damages trust within the profession but also frequently results in immediate investigations and license suspension/revocation.
Criminal Convictions
In Georgia, as with dentists, a licensed dental hygienist can be disqualified from licensure if they are convicted of any felony offense or any other "crime of moral turpitude." Examples include driving under the influence (DUI), theft, drug possession, or assault.
Record-Keeping Offenses
Maintaining precise and complete patient records, including treatment notes, lab results, and prescriptions, is both a legal and ethical requirement. Failure to retain these records for the mandatory period (ten years for dental records in Georgia) or altering them improperly can constitute professional misconduct. Falsifying patient records, clinical charts, or other official documentation is also a serious offense.
Alcohol or Substance Abuse
Substance abuse that interferes with a hygienist's ability to perform their duties safely is grounds for disciplinary action. This can extend not only to instances of being drunk or high on the job, but also to off-duty behavior that points to an addiction. The Board may require you to undergo an approved treatment program as a prerequisite to keeping your license, or for repeated issues, they may suspend or revoke the license completely.
What Does the Disciplinary Process Look Like?
The Georgia Board of Dentistry adheres to a structured disciplinary process when addressing allegations of misconduct. This process follows the Board's investigative authority and Georgia's administrative rules, ensuring fairness and compliance with established procedures. If you're a dental hygienist accused of misconduct, you can expect your case to move progressively through the following stages until the issue is resolved.
Filing of Complaint
The process begins with the filing of a complaint. A complaint can come from anyone, including a patient, peer, employer, or even a member of the public. These complaints often allege behavior inconsistent with the professional standards outlined by the Georgia Dental Practice Act and the Board's regulations. Once received, the Board assesses the complaint to determine if it falls within its jurisdiction and merits further review.
Investigation
If the complaint is considered valid, the Board initiates a formal investigation. This investigative phase is thorough and may include interviews with individuals involved, subpoenas for relevant records, and a review of documentation such as patient files and treatment histories. The purpose of this process is to seek out and gather evidence to substantiate the complaint.
Findings and Legal Review
After the investigation, the Board evaluates the evidence to decide if probable cause exists for disciplinary action. If no violation is found, the case is closed with no further action. However, if the Board determines that the evidence supports an allegation, it notifies the licensee, outlining the findings. Upon notification, the case may take one of two paths:
- Informal Resolution Through Consent Agreement: The Board may offer a consent agreement, allowing you to resolve the matter without a formal hearing. A consent agreement often includes specific disciplinary actions or corrective measures, and optimally will include a path to enable you to keep your license or eventually have it reinstated.
- Formal Hearing: If you dispute the findings of the investigation or a consent agreement is not reached, the case proceeds to a formal hearing. This hearing is conducted before an Administrative Law Judge (ALJ) and is administered by the Office of State Administrative Hearings. During the hearing, both the Board and the licensee present evidence and arguments. The ALJ then reviews the case and makes recommendations to the Board.
Final Determination and Sanctions
After considering the ALJ's recommendations, the Board makes its final determination. Sanctions can range in severity depending on the violation and may include a public reprimand, monetary fines, probationary periods, suspension of the license, or, in extreme cases, permanent revocation.
Note that at multiple stages during the disciplinary process, there may be opportunities to negotiate directly with the Board to resolve the complaint, either through dismissing the complaint itself or agreeing to disciplinary terms. The Lento Law Firm's Professional License Defense Team utilizes skillful negotiation techniques that can often get the case resolved with lenient penalties and without the need for a formal hearing.
Possible Disciplinary Actions
Not every violation will lead to the loss of your license. The consequences largely depend on the details and seriousness of the situation. The Board has the discretion to implement a range of disciplinary measures, including:
- Formal Reprimand: A documented letter indicating disapproval of your actions, which becomes a permanent entry in your professional record.
- Monetary Fines: Financial penalties aimed at underscoring the gravity of the offense.
- Practice Restrictions: Imposing limitations on your scope of practice, which might prohibit you from performing specific tasks or procedures.
- Probation: A fixed period during which your professional conduct is closely scrutinized to ensure adherence to ethical and professional standards.
- Rehabilitation Programs: Mandating participation in treatment programs for issues such as substance dependency or mental health conditions to retain your licensure.
- License Suspension: Temporarily halting your ability to practice, either for a set timeframe or indefinitely.
- License Revocation: Permanently rescinding your authorization to work as a licensed dental hygienist in Georgia.
Bear in mind that any disciplinary measure, even one that allows you to continue practicing, may be made publicly accessible. These actions are permanently recorded in your professional history and available to anyone who inquires about your licensure status. Additionally, adverse actions are reported to the National Practitioner Data Bank (NPDB), which may affect your ability to pursue licensing in other states. Taking immediate action by contacting the Lento Law Firm's Professional License Defense Team can greatly improve your chances of mitigating or avoiding such consequences.
How We Can Help
If you are a dental hygienist in Georgia, accusations of professional misconduct can threaten your career, damage your reputation, and create financial burdens. Whether you practice in Macon, Henrietta, or Columbus, the Board wields considerable authority to investigate complaints and enforce penalties. With no guaranteed presumption of innocence, you may face significant challenges from the outset. Engaging the Lento Law Firm's Professional License Defense Team without delay can be essential in safeguarding your livelihood. Here's how we can support you:
- Performing a comprehensive evaluation of the allegations and their potential impact on your career;
- Compiling evidence for your defense and identifying credible witnesses to support your case;
- Acting as your legal representative in all communications and dealings with the Board;
- Engaging in direct negotiations with the Board to reach a favorable outcome, such as having the complaint dismissed or securing an acceptable resolution through a consent order; and
- Delivering rigorous representation if the matter escalates to a formal hearing.
Regardless of the circumstances surrounding the complaint, this moment doesn't have to define your career or future. The Professional License Defense Team at the Lento Law Firm is prepared to leverage years of experience to advocate for you. Contact us today at 888-535-3686 or fill out our convenient online form to get started.
