Your work as a dental hygienist in Maryland is essential. Every day, you contribute to the health and well-being of your patients through meticulous care and professional dedication. Becoming licensed in this state was no small feat,
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it required years of education, practical training, and a steadfast commitment to your craft. That’s why facing a complaint against your license can feel overwhelming and deeply personal. The prospect of disciplinary action jeopardizes not only your livelihood but also the career you’ve worked so hard to build.
The Maryland Board of Dental Examiners holds dental hygienists to the same rigorous standards as they do dentists, requiring the highest levels of ethics, professionalism, and conduct. While these standards safeguard the dental profession and protect patients, they also mean that any alleged deviation—intentional or unintentional—can trigger serious consequences. A single complaint or accusation of misconduct, whether founded or unfounded, can lead to an investigation by the Board. From there, depending on its findings, the Board could recommend sanctions that range from fines and probation to the suspension or even revocation of your professional license.
Simply put, you’ve invested too much into your career to leave your future to chance–and facing the allegations on your own can put you at a clear disadvantage when facing a Board that is willing to err on the side of caution when it comes to public safety. Without proper legal support, even minor concerns can be magnified, putting your license and career at risk. At the LLF National Law Firm, our Professional License Defense Team has broad nationwide experience defending professionals like you. We understand what’s at stake for you, and we are highly skilled in advocating and negotiating for a favorable resolution of complaints with the Maryland Board of Dental Examiners. Whether you work in a large dental office in Baltimore, a midsize clinic in Bethesda, or a private practice in Hagerstown, our compassionate and results-driven approach ensures you never have to face these challenges alone. To schedule a consultation, call the LLF National Law Firm today at 888-535-3686 or complete our online form.
How Dental Hygienists are Regulated in Maryland
The practice of dental hygiene in Maryland is governed by a set of statutes (collectively known as the Maryland Dentistry Act) and additional regulations prescribed by the Board. These laws not only outline the educational and practical requirements for dental hygienists but also define the authority of the Maryland Board of Dental Examiners. The Board is empowered to oversee both dentists and dental hygienists, ensuring that all practitioners adhere to established standards of ethics, competence, and professional conduct. The same statutes set forth the grounds upon which disciplinary action may be taken, including unprofessional behavior, breaches in patient care, and other violations of legal or ethical responsibilities.
When a complaint or allegation arises, the Board initiates an evaluation process to determine whether discipline is warranted. Central to this process is the preponderance of the evidence standard. Unlike the higher threshold of “beyond a reasonable doubt” required in criminal proceedings, this standard simply asks whether it is more likely than not that the alleged conduct occurred. If the evidence tips just slightly against you—even by the smallest margin—the Board can issue a finding of wrongdoing. This evidentiary standard can, unfortunately, place dental hygienists at a disadvantage, especially if the evidence against them is circumstantial or based on conflicting accounts.
Allegations That Threaten Your Dental Hygienist License
Most allegations that can put your dental hygienist license at risk involve alleged violations of the statutes and regulations, as well as other forms of unprofessional conduct or violations of public trust. The law specifically iterates certain offenses for which the Board is authorized to impose disciplinary action, up to and including denying or revoking licensure. Some of the most common such allegations include the following.
Substance Abuse
Not only could your license be jeopardized for practicing while under the influence of alcohol or controlled substances, but even if you’re observed engaging in illicit substance abuse or excessive use of alcohol, it can cause the Board to question your fitness to practice safely. In such cases, the Board may suspend or revoke licensure or require treatment as a prerequisite for your continued ability to practice.
Criminal Convictions
Conviction of any felony offense, or of any other “crime of moral turpitude:—such as theft, assault, DUI, or drug offenses, can potentially disqualify you from licensure. In Maryland, it does not matter whether the conviction is directly related to your professional practice. The Board can initiate disciplinary proceedings based on criminal conduct alone.
Fraudulent Activities
Engaging in fraudulent activities—such as falsifying patient records, billing for services not rendered, or deceptively obtaining a license—violates both the law and professional ethical standards. The Board treats these types of allegations with utmost seriousness, as fraud undermines the integrity of the dental profession and public confidence in care providers.
Sexual Misconduct
Allegations of sexual misconduct, including inappropriate contact during treatment or even consensual relationships with patients, are considered serious ethical breaches that can result in quick and severe disciplinary action.
Professional Incompetence or Negligence
Providing care below accepted professional standards—whether through lack of necessary skill, poor judgment, or failure to follow proper protocols—can result in disciplinary action. Repeated complaints of substandard care or a single significant episode of negligence may prompt an investigation and put your license at risk.
Breach of Patient Confidentiality
Patient trust is central to the practice of dental hygiene. Improperly disclosing patient records or discussing confidential information without consent violates both legal requirements and ethical responsibilities. Such breaches can prompt Board action and damage your professional standing.
Failing to Cooperate with the Board
If you are under investigation for alleged misconduct, you are required to cooperate fully with the investigation. Failing to do so is in itself an offense that can warrant disciplinary action, even if the original complaint lacks merit.
What Is the Disciplinary Process for MD Dental Hygienists?
When a complaint is made against a dental hygienist in Maryland, the Board of Dental Examiners follows a multi-step disciplinary process designed to balance public safety with fairness to the licensee. If you’re accused of wrongdoing, you can expect your case to move through the following general stages until the matter is resolved.
Complaint
The process begins when a complaint is filed, usually in writing, by a patient, colleague, employer, or member of the public. The Board receives the complaint, removes identifying information to ensure an unbiased assessment, and refers it to a preliminary committee—often called the Triage Committee—for an initial review.
Investigation
If the committee determines the alleged conduct could violate laws or regulations, the complaint proceeds to investigation. Investigators gather facts by interviewing witnesses, collecting records, and seeking context. The dental hygienist is notified, provided with the complaint, and asked for a written response and supporting documentation. Failure to cooperate can, itself, be grounds for further action.
Discipline Review Committee (DRC) Review
Once the investigation is complete, the Board’s Discipline Review Committee (DRC) evaluates the findings. They review evidence, including the complaint, the hygienist’s response, and investigative reports. The DRC may recommend closing the case if the complaint is unsubstantiated or refer minor issues to peer review or alternate resolution.
Formal Charges
If the DRC finds sufficient grounds, formal disciplinary charges are drafted and approved. The dental hygienist is formally notified of the specific allegations and proposed disciplinary actions. At this point, the case may be resolved/decided in one of two ways:
- Case Resolution Conference: an informal settlement meeting between the hygienist and the Board to negotiate a potential resolution without the need for a hearing. If a settlement is reached, a consent order is written and signed, and the stipulated discipline becomes final.
- Formal Hearing: If no agreement is reached, the matter proceeds to a formal hearing, which is held before the Board or an administrative law judge. Both sides present evidence, call witnesses, and make legal arguments.
Final Determination
After the hearing (or after a Consent Order is signed), the Board issues a Final Order stating its findings and any sanctions imposed. This Final Order is a public record, detailing the outcome and any penalties such as reprimand, probation, suspension, or license revocation.
Appeal
If you disagree with the Board’s final decision following a contested hearing, you have the right to appeal to the Maryland circuit court. However, if discipline was agreed to via Consent Order, appeal rights are typically waived as part of the settlement.
At various stages of the disciplinary process, an experienced professional license defense attorney can engage with the Board on your behalf to negotiate a resolution. This could mean achieving a full dismissal of the complaint or securing lenient terms in a consent order. The LLF National Law Firm’s Professional License Defense Team has a strong track record of successfully negotiating resolutions such as these, often avoiding the need for a formal hearing.
Possible Outcomes of Disciplinary Actions
If the Board determines that a violation has occurred, it has the authority to impose a range of sanctions based on the severity and specifics of the case. While not every situation results in the loss of licensure, the Board has several corrective and disciplinary measures at its disposal. Common outcomes include:
- Advisory Letter or Letter of Education: A formal notice expressing the Board’s concerns about your conduct, serving as a warning to prevent future issues.
- Fines: Financial penalties may be assessed as a consequence of the violation.
- Continuing Education Requirements: You might be required to complete specific courses to address deficiencies and maintain your license.
- Probation: Practicing under supervision for a set period to ensure compliance with professional standards.
- Mandatory Counseling or Treatment: In cases involving substance use or health concerns, participation in approved treatment programs may be required.
- License Suspension: Temporary removal of your ability to practice, either for a defined period or until certain conditions are met.
- License Revocation: For the most serious violations, your license may be permanently revoked, ending your ability to work as a dental hygienist in Maryland.
While many of these sanctions allow you to continue practicing, they still may become part of your public record, visible to potential employers and the public. Additionally, disciplinary actions are often reported to the National Practitioner Data Bank (NPDB), which could impact your career opportunities both within Maryland and beyond. To minimize these risks, it’s crucial to seek experienced legal representation early in the process.
How the LLF National Law Firm Can Help
Whether you practice in Baltimore, Annapolis, Towson, or elsewhere in Maryland, navigating the disciplinary process alone can increase the likelihood of harsh penalties. Having skilled legal representation from the outset can significantly influence the outcome of your case. The LLF National Law Firm’s Professional License Defense Team provides comprehensive support, including:
- Conducting a detailed review of the allegations and assessing their potential impact.
- Collecting supporting evidence and arranging for statements from individuals who can strengthen your defense.
- Managing all communications with the Board and presenting a well-organized response.
- Negotiating with the Board to seek dismissal of the complaint or favorable settlement terms.
- Representing you in formal hearings, advocating for the best possible resolution.
Allegations of misconduct may arise from misunderstandings, errors, or even valid lapses in judgment. However, that doesn’t necessarily mean your career must be defined by this moment in time. Your licensure represents years of hard work and dedication to your profession and patients. Don’t risk everything you’ve worked for by facing these allegations alone. Contact the LLF National Law Firm today at 888-535-3686 or fill out our online form to schedule a consultation.