Dental Hygienist License Defense in New York

Whether you’re in the Big Apple or farther up the Hudson in the Catskills, New York offers an abundance of dental hygienist jobs. New York has 80 dentists per 100,000 people, with even rural counties in the Empire State meeting or exceeding the national ratio of 58 dentists per 100,000 people. Both small dental offices and large dental practice groups are plentiful throughout downstate and the city, and there is especially strong demand for dental hygienists in western New York and North Country.

No matter where you go in the Empire State, dental hygienists will have no trouble finding stable employment. While there is strong demand for dental hygienists throughout such a large and populous state, you may face threats to your license that you worked incredibly hard for. If you made a mistake with your paperwork, didn’t complete the correct educational requisites, or are accused of professional misconduct, your hard-earned dental hygienist license may be put in jeopardy.

The LLF National Law Firm advocates for dental hygienists across the U.S. and the vital work that you do. The LLF National Law Firm Professional License Defense Team is experienced in protecting dental hygienists nationwide from threats to their licenses, and we can assist you with going before the dentistry board even if your case is complicated. Call us at 888-535-3686 or fill out our online intake form to tell us about your case.

Dental Hygienist Opportunities in New York

New York has no shortage of work opportunities for dental hygienists licensed in the state.

Small dental offices and regional dental groups, both upstate and downstate, frequently need licensed dental hygienists, as you play a critical role in dental practices. Dental hygienist careers today can also look different than they traditionally did, where you can choose between full-time, part-time, or temp hygienist jobs in a state full of small private dental practices. There are numerous corporate dental practices throughout downstate and the Capital District in particular that offer more stable benefits for full-time dental hygienists.

Mobile clinics, hospitals, and nursing homes throughout New York frequently need dental hygienists, and some of these jobs offer flexibility. Prisons and other state facilities that need medical and dental staff provide stability, plus excellent pensions and benefits. For non-clinical settings, dental hygienists are frequently needed in scientific and dental research. Upstate New York and New York City are home to prestigious research institutions that welcome talented dental hygienists eager to contribute to dental research.

If you’d like your dental hygienist career to have flexibility, and maybe even travel, there are several work opportunities all over the state and in border states like New Jersey, Connecticut, Pennsylvania, and Vermont. While you have nearly endless options for how you can build your dental hygienist career, your practice can also come with regulatory roadblocks. If you earned your license in another state but now live and practice in New York, you may not have met the educational requirement. Mobile dental clinics that are compliant with state laws may accidentally run afoul of local laws, such as New York City’s regulations on mobile medical and dental care.

These complexities necessitate having a legal team you can rely on who are experienced in multistate dental hygienist license issues if you are facing legal infractions or disciplinary action by the board. The LLF National Law Firm’s Professional License Defense Team stays up to date with the compliance requirements of states throughout the northeast so we can assist dental hygienists who live and work solely in the Empire State, and dental hygienists who frequently cross the Hudson. We have experience representing dental hygienists to dentistry boards in New York, New Jersey, and New England, and can leverage our knowledge and experience to minimize the impact of dire threats to your license.

Threats to Your Dental Hygienist License in New York

In New York, the State Board of Dentistry is administered through the New York State Board of Regents, which is part of the State Education Department. The Board of Dentistry is responsible for Dentists, certified dental assistants, and licensed dental hygienists.

Dental hygienists who practice in New York can face myriad threats to their licenses. If you practice in the state, you must abide by state laws governing licensed dental hygienists, including the Commissioner’s Regulations.

Allegations of Unprofessional Conduct

You may be accused of misconduct or unprofessional conduct by a patient, supervising dentist, or other party. These allegations are a serious matter that can escalate to a serious threat to your career. Allegations of unprofessional conduct include, but are not limited to:

• Gross Negligence: Being accused of neglecting a patient while they were under your care can have deleterious consequences.
• Drug or Alcohol Use: New York state law defines “practicing under the influence of alcohol or other drugs” as professional misconduct. While this generally does not include substance use when you are not at work, some parties may interpret recreational use in your free time as not being of “good moral character”, which is a licensure requirement.
• Paperwork Errors: Dental hygienists, and other employees of dental and medical facilities, must provide or return copies of records to patients who request them. Failure to do so, even if a simple oversight, can result in disciplinary action.
• Unnecessary or Unauthorized Dental Services: Dental work is often stressful and confusing for patients to navigate, and only magnified by the financial distress it may case them. Even if you don’t have the final say in a patient’s treatment like a supervising dentist would, you may still be subject to discipline if the patient accuses the dental practice of performing unnecessary work.
• Inappropriate Behavior: Dental patients are frequently put in a vulnerable state. You may be accused of inappropriate touching or comments during a procedure, even if that was not your intent.
• Medication Diversion: Dental hygienists frequently have access to highly-regulated substances. New York also requires licensed dental hygienists to acquire an additional restricted certificate for administering anesthesia and nitrous oxide. Lacking this certificate may result in severe disciplinary actions by the dentistry board, in addition to accusations of theft, mishandling, and diversion of controlled substances.
• Criminal Records: Dental hygienists may be ineligible to obtain or renew a license in New York if convicted of a felony or “crime of moral turpitude”, like a DUI or violent crime.

Administrative Challenges

Dental hygienists can run into documentation issues and other administrative problems that can inadvertently put their license at risk:

• Documentation Issues: While full-time employment in one dental practice is more common today than it used to be, many dental hygienists in New York choose to work in multiple practices part-time or per diem. This can accidentally result in discrepancies in your licensure and employment documents, and what the State Board of Dentistry assumes to be an unusually high amount of administrative inquiries.
• Missing Mandated Training: In addition to your continuing education requirements, which are 24 contact hours per three-year period for licensed dental hygienists in New York, there is also state-mandated training for child abuse and infection control. If this training is missing or incomplete, your license could be at risk.
• State Board of Dentistry Title Use: The New York State Board of Dentistry differentiates between “dental hygienists” and “dental assistants.” You must meet their general and educational requirements to use the title “dental hygienist.” Failure to do so can result in disciplinary action.

Bureaucratic Challenges

The New York City metro area, the Capital District, and other parts of upstate New York are abundant in career opportunities for dental hygienists. However, you may run into cumbersome bureaucracy that can make compliance difficult and inadvertently put your dental hygienist license in jeopardy.

• Practicing Across State Lines: New York, especially downstate, like the city, is near several other states. If you move here from another state, you must have practiced lawfully for at least two years after your initial licensure in addition to meeting the state’s educational requirements. If you live here but practice in neighboring states like New Jersey and Connecticut, you may need additional permits or reciprocal licenses in those states.
• Traveling Dental Hygienist Compliance: In addition to multi-state licensing issues, there can be vast differences in compliance standards and documentation requirements across different dental practices and non-clinical settings in multiple states. This can result in oversights, careless mistakes, or missing paperwork that puts your license at risk.
• Filing Errors: Paperwork may be missing or filed incorrectly. It may not even be your fault if a state employee doesn’t process your documents correctly or on time. It can be difficult to prove these errors weren’t your fault, and fighting them can be exhausting and time-consuming, in addition to risking your ability to work.

Dental Hygienist Discipline Process in New York

As a New York dental hygienist, disciplinary action is handled by the State Board of Dentistry. They take complaints seriously and may escalate them to investigations, but you have due process if your license comes into question. This is the sequence that may necessitate professional license defense:

• Complaint: A party files a complaint with their regional Office of Professional Discipline (OPD), the first contact point that handles complaints and investigations before deferring to the appropriate board. A complainant may be a patient, the patient’s family, a supervising dentist, a co-worker, an insurance company, or another party that believes you engaged in unprofessional or unlawful conduct. The complainant can also fill out an authorization with their complaint that mandates the professional or facility to release information about the services received. It requires a witness. If they don’t have a witness or wish to remain anonymous, they can still file the complaint, but any investigation may be delayed.
• Escalation or Dismissal: The OPD’s regional Supervising Investigator reviews the complaint. If they find the case is not within their jurisdiction or the complainant didn’t provide sufficient proof of a violation, the complaint is dismissed, and the complainant is notified by mail with the reason. If the Supervising Investigator believes the complaint warrants an investigation, they open a case file and assign the case to a Senior Investigator.
• Investigation: The Senior Investigator gathers facts, interviews relevant parties, and attempts to contact the complainant. Most OPD investigations are completed within nine months or less.
• Determination of Chargeable Offense: The Senior Investigator convenes with a prosecuting attorney and a State Board of Dentistry member to discuss the findings of the investigation and whether they should proceed to prosecution. If your case is not deemed to be a chargeable offense, it is assigned to the Director of Investigations for closing, and no action is taken. If it is deemed a chargeable offense, the Supervising Investigator reviews the investigation, followed by the Deputy Director, the Director of Investigations, and then the OPD Executive Director. Your case may be dismissed or offered on conditional terms, such as participation in the Professional Assistance Program, in lieu of disciplinary action for substance abuse. If the Executive Director approves the charges to move forward, it is moved to the Prosecutions Division to pursue disciplinary action with the State Board of Dentistry. This process can take a few months or more than a year, depending on the complexity and nature of the charges.
• Administrative Hearing or Prosecution: In most cases, you will have an administrative hearing before the State Board of Dentistry and its attorneys. If your charges are deemed criminal, you will be referred to the New York State Attorney General for criminal prosecution.

The disciplinary process can be a daunting prospect. A letter from the State Board of Dentistry could induce panic and immediately conjure up the image of having to go before the board by yourself. The LLF National Law Firm’s experienced Professional License Defense Team has negotiated with dentistry boards at every step of the complaint and disciplinary processes, and we strive to negotiate for an outcome that does not entail a formal hearing.

The Aftermath of Dentistry Board Disciplinary Actions

Disciplinary actions laid down by the New York State Board of Dentistry and OPD can have a lasting impact on your dental hygienist career, even if you retain an active license. Disciplinary actions become public record, which can affect future employment.

Documentation in State Databases

OPD has an open verification search system that anyone can use to find out about prior disciplinary action against you. This state database makes it simple for other state dentistry boards and potential employers to check it for prior violations, which can have an adverse impact on your career.

Multi-State Licensing Complications

Moving to another state to start over may not be so easy. Other state dentistry boards may decline to issue you a reciprocal license or allow you to start the process from scratch, depending on the nature of your disciplinary record.

How We Can Protect Your Dental Hygienist License

You don’t want to represent yourself if your dental hygienist license is challenged, as the OPD and State Board of Dentistry do not presume your innocence. Even though New York has a specific office for professional license complaints before it reaches the dentistry board, professional license defense is a highly specific practice area distinct from defending a client in a courtroom. The LLF National Law Firm’s Professional License Defense Team is experienced with the nuances specific to dentistry and other professional licensing boards, and we have assisted dental hygienists throughout New York in defending their ability to work.

We strive to get you the most favorable outcome that preserves the career you worked so hard to attain. It is best to arrange professional license defense as early as possible, so we can tailor your defense strategy before your case escalates to the higher ranks of OPD. We can also provide comprehensive representation before the State Board of Dentistry, administrative law judges, and the state attorney, should your case require it.

Dental Hygienist Defense in New York

If you are a dental hygienist in New York potentially facing disciplinary action by the dentistry board, the LLF National Law Firm’s Professional License Defense Team 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.