North Carolina Dental Hygienist License Defense

You have worked diligently to become a licensed dental hygienist in North Carolina and have invested a significant amount of time and money in achieving your success. The profession is essential, and many patients report that their dental hygienist plays a crucial role in their overall well-being. Unfortunately, North Carolina law holds all health professionals to a high and exacting standard. A single complaint could jeopardize your career and livelihood.

The NC Board of Dental Examiners takes complaints from patients or the public very seriously, and most are thoroughly investigated. If the Board believes there is evidence to support the complaint, it may take formal disciplinary action against you. If you face a Board complaint, it is vital to have an experienced license defense attorney on your side. The Lento Law Firm Professional License Defense Team can provide tough and effective representation. They have a proven track record of defending all types of medical and dental professionals across the nation. Call the Lento Law Firm at 888-535-3686 or submit your details online, and we will contact you.

North Carolina Dental Hygiene Act

The NC Dental Hygiene Act governs the licensure of dental hygienists in the state. Under § 90-233, dental hygienists must be under the direct supervision of a licensed dentist. The Dental Hygiene Act grants the Board of Dental Examiners the authority to discipline and address complaints against licensed dental hygienists.

What Allegations Can Lead to a Dental Hygienist Losing Their License in North Carolina?

In North Carolina, complaints or actions that threaten a dental hygienist's license center around violations of the law, professional standards, or regulations. Among the most common allegations are:

1. Fraud or Misrepresentation: Allegations that a licensee lied in obtaining a license or engaged in other fraudulent activities with the Board.
2. Conviction or Charge. Any criminal conviction can present a problem with the Board, but some crimes are considered more severe than others. Felonies are more problematic, but the Board will look closely at a misdemeanor charge involving “moral turpitude.”
3. Drug and Alcohol Issues. The Board will look to indications of misuse of drugs or narcotics if it believes this misuse impairs the licensee's ability to practice dental hygiene. Included in this category are any instances of misuse or mishandling of medications.
4. Professional Incompetence. Allegations of incompetent practice will lead to Board action.
5. Fraud on the Public: The Board may investigate any allegations that the licensee has used fraud or deceit against a patient or member of the public. This may involve deception or misrepresentation regarding skill, knowledge, or the treatment method.
6. Malpractice: The Board will always address allegations of professional malpractice.
7. Unprofessional Conduct. This is a broad category that generally refers to some violation of professional rules or regulations.
8. Unfitness to Practice. The Board will act if it believes a licensee is mentally, emotionally, or physically unfit to practice their profession. This typically refers to mental incompetence.

Disciplinary Process for Dental Hygienists in North Carolina

The North Carolina legislature and the Board of Dental Examiners have created a standard disciplinary process for complaints against dental professionals. Complaints against dental hygienists typically originate from patients or colleagues, but may also come from any member of the public. After a complaint is filed, the formal process begins. The process proceeds through a series of steps.

Investigation

After a complaint is filed, the Board will launch an investigation into the allegations. According to the Board, this investigation may take “take anywhere from two (2) months to two (2) years, depending upon the complexity of the issues involved.” The Board has the power to conduct interviews under oath. If the investigation “tends to show” a violation, the Board will issue a notice of the charges and hearing rights to the dental hygienist.

Hearing

Before any action may be taken against your license in North Carolina, the Board must give you notice of the charges and notice of your right to a hearing. This notice is sent to your last known address. Typically, this notice provides that you have 30 days to request a hearing. You must make a request for a hearing. You must make this request, even if you are negotiating for a settlement with the Board. The Board will set the hearing date and provide you with notice of the Hearing. This notice should provide the time, date, location, and an explanation of who will hear the case. In contested cases, the hearing will be held before an administrative law judge or a majority of the Board members who are authorized to vote.

The Board will attempt to limit the Hearing through simplification of the issues. This means that the Board will ask you to agree to narrow the issues in dispute by agreement and to agree on the validity of some evidence before the hearing. Before agreeing to any limitation of issues to be heard, you must speak to an experienced license defense attorney.

Preparation and Discovery

At the hearing, a licensee will need to present documentation and testimony of witnesses. In some cases, the documents that you need will not be in your possession, or witnesses will not wish to appear. In this case, you may need to conduct discovery and subpoena evidence or witnesses to support your claim. The Board has the power to order that documents be produced to you or that witnesses appear. It is dangerous to put a witness on the stand without a clear understanding of what they will say. For this reason, your attorney may wish to conduct discovery ahead of time and make a strategy on how to present your best defense. This is a complicated process, but it is vital to the presentation of your case. If you find yourself overwhelmed by the thought of putting together this defense, you are not alone. An experienced license defense attorney can provide guidance and support throughout the process. The most important thing to remember is that you are entitled to see the evidence against you, and you are entitled to access documentation in your defense.

Final Decision

When the Board hears a case, it will issue a Final Decision after the Hearing. If an administrative law judge hears a case, the judge will issue a “proposal for decision” to the parties. The parties will have only 10 days to file written exceptions to this proposal for decision. Often, the parties will submit proposed findings of fact and conclusions of law, but this depends on the case. Exceptions must be filed with the Board within ten days of receiving the proposal for decision. The Board will consider the proposed decision and all exceptions and will thereafter issue a final decision. This decision may be appealed to the court.

Possible Disciplinary Actions

In the Final Decision, the Board may take action against your license. These actions include:

• Letter of reprimand. This letter will be placed in your file and will generally be discoverable by other licensing boards.
• Letter of exoneration. The Board may make a finding that exonerates you of any wrongdoing.
• Probation. The Board can place limitations on the scope of your practice or ask that you be put under greater supervision. If further violations occur during probation, the Board would move to suspension or revocation.
• Limitations on license. The Board may limit the scope of your practice or your right to perform particular procedures.
• Suspension of the license for a set period or indefinitely.
• Revocation of license. The Board may act to revoke your license altogether, ending your right to practice. This will be reported to other states and may result in license actions in those states if you are licensed there. A revocation will likely prevent you from being licensed in another jurisdiction for a lengthy period, if ever.

The Board has broad latitude to take the disciplinary action of their choice. The action taken by the Board will depend on many disciplinary factors.

Disciplinary Factors for Dental Hygienists in NC

The Board will consider the relevant disciplinary factors when determining the action to be taken against a dental hygienist. The Board will consider revocation if it determines a lesser penalty is insufficient and the hygienist either 1) caused or contributed to a patient's death or serious injury, 2) was convicted of a felony, or 3) engaged in fraud or dishonesty in their practice.

Generally, when considering revocation, the Board will consider:

• Whether the licensee's ability to practice is impaired.
• Whether the licensee is fit to practice.
• Whether the license is incompetent to practice.
• If the actions of the licensee resulted in harm to a patient.
• Whether violations show a lack of honesty, trustworthiness, or integrity.
• Conviction of any crime involving acts of fraud or deceit.
• Whether there were multiple or past violations.
• Whether there were acts of negligence or malpractice, and their magnitude.
• Whether the hygienist appeared and participated in the proceeding and investigation.
• Any other acts in violation of professional rules.

In cases involving any level of discipline, the Board will consider:

• Effect of the violation on the patient.
• Prior violations.
• Dishonest motives or motivations.
• Failure to respond or obstruction of proceedings.
• Whether the harm to patients was foreseeable.
• Whether harm was done to a vulnerable patient with physical or mental disability.
• Assumption of responsibility and efforts at restitution.

At the end of a proceeding, it may be necessary to advocate for lesser discipline if it becomes clear that the Board intends to take some action. Your attorney will guide you through this process.

Informal Resolution and Consent Orders

In many instances, licensees may be able to negotiate with the Board regarding patient complaints or engage in informal resolution. At the Lento Law Firm, we find that informal resolution is often the best alternative to a lengthy and risky process. The Board favors an informal resolution process in many cases, and the rules reflect it.

Another option is to accept responsibility for a violation and sign a consent order. However, no licensee should ever sign a consent order without consulting an experienced license defense attorney. The settlement agreement or consent order (CO) may require you to admit fault, and this will stay on your record. In some instances, this may be advisable to avoid the most severe type of discipline. However, to avoid potential problems later on, it is best to have any agreement or consent order reviewed by your attorney.

How an Experienced License Defense Attorney Can Help You

Most professionals facing discipline are intelligent, well-informed people with a high degree of motivation. They often believe that because of this, they can defend themselves in license discipline actions. The reality is that the Board (and the state) have a tremendous advantage and have endless resources to pursue the allegations against you. You may feel like the other side of the table has all the power and you are powerless. This is hardly the case, but you do need an experienced license defense attorney to balance things out.

The ways in which an experienced license defense attorney can help you include:

• Act as your official legal representative with the Board of Dental Examiners and other state entities.
• Determine your best strategy and draft a response that aligns with it.
• Negotiate with the Board for the best possible terms of settlement.
• Prepare for the hearing by gathering evidence and ascertaining witness testimony.
• Defend you at the hearing if settlement negotiations fail.
• File objections to obtain the best final decision possible.
• Argue for the mitigation of any penalty.
• Appeal, if necessary.

As is clear from the above list, your chances of keeping your dental hygienist license are enhanced with an experienced attorney by your side. Let the Lento Law Firm help to protect your business, license, and reputation during this trying time. If you are facing disciplinary action in North Carolina, call the Lento Law Firm immediately. We can help you get your life back on track. Call the Lento Law Firm Professional License Defense Team at 888-535-3686 or submit your details online, and we will contact you.