You have invested long hours of study and considerable amounts of money in becoming a licensed dental hygienist in Ohio. Dental hygienists play a vital role in health maintenance for millions of Americans. However, Ohio law holds all health professionals, including dental hygienists, to a very high standard, both in their professional and personal lives. Patients may complain, and a single complaint could end your career.
The Ohio State Dental Board takes complaints from patients or the public very seriously and will investigate them thoroughly. If the Board finds evidence to support the complaint, it may take formal action against a dental hygienist. If you face a Board complaint, having an experienced license defense attorney is vital. The Lento Law Firm License Defense Team has a proven track record of defending all types of medical and dental professionals nationwide. Call the Lento Law Firm at 888-535-3686 or submit your details online, and we will contact you.
Ohio State Dental Practice Act
The Ohio State Dental Practice Act governs the licensure of dental hygienists in the state. Under § 4715.22, dental hygienists must be under the direct supervision of a licensed dentist. The Dental Practice Act grants the Ohio State Dental Board the authority to discipline and address complaints against licensed dental hygienists. Ohio law allows dental hygienists to administer anesthesia under the supervision of a licensed dentist. Supervision doesn't mean the dentist observes all care, only that they oversee the practice.
What Allegations Can Lead to a Dental Hygienist Losing Their License in Ohio?
In Ohio, most complaints against dental hygienists center around legal violations, professional standards of care, and other laws and regulations. Among the most common allegations are:
Lying or Making False Statements in an Application
The Board will discipline any failure to be truthful in any application for a license.
False Advertising
The Board will take action against various violations of the time, place, and manner of advertising, including deceptive or false advertising.
Arrests or Convictions
This includes commission of any act punishable as a felony in Ohio, even if not done in Ohio. The Board may also discipline for conviction of a misdemeanor in Ohio. This provision is written quite broadly and may extend to cover almost any legal violation.
Lewd and Immoral Conduct
Provisions dealing with “lewd and immoral conduct” in Ohio center around acts committed during the provision of dental care.
Drug Violations
The Board will discipline prescription drug violations, including the selling, giving, or administering of drugs for other than therapeutic purposes. This also includes legal breaches of all types of controlled drugs.
Failure to Meet Professional Standards
The Board will discipline care that it believes fails to conform to acceptable standards of practice. The Board may discipline a failure of this type even if the patient was not injured.
Physical or Mental Disability, or Drug or Alcohol Dependence
The Board will address health limitations, including mental health, which affect the ability to practice. They may also address drug or alcohol issues.
Failure to use Precautions for Blood or Fluids.
The Board may discipline a failure to follow rules regarding blood and bodily fluid precautions.
Violations on Waiver of Deductibles
The Board will address violations of Ohio law regarding waiver of deductible payments as an enticement.
Failure to Cooperate with a Board Investigation
The Board may discipline a failure to cooperate in the investigation of any dentist, hygienist, or other licensed professional.
Pattern of Continuous or Repeated Violations
The Board may discipline multiple and repeated violations of regulations regarding dental practice.
Disciplinary Process for Dental Hygienists in Ohio
The Ohio Legislature and the Ohio State Dental Board have created a standard disciplinary process for complaints against dental professionals. Complaints against dental hygienists in Ohio usually come from patients or colleagues but may be made by anyone. After the filing of a complaint, the formal process begins. This process involves a series of steps.
Investigation
After a complaint is filed, the Board will investigate whether there is evidence of a violation. The Ohio State Dental Board has an investigatory panel, which is made up of the secretary and vice-secretary of the Board. These two people supervise the investigations, but will typically hire other parties to do the investigations. This may be a lengthy process and may involve taking the statement of the dental hygienist accused of misconduct. No dental hygienist should ever be interviewed without speaking with an experienced license defense counsel. If the evidence tends to show a violation, the Board may give formal notice of charges and the right to a hearing.
Hearing
Ohio law requires that any dental hygienist accused of misconduct be given an opportunity for a hearing. Before the hearing, the Board must describe the charges and the alleged violation. The Board must also give notice of the right to a hearing and other due process protections, like the right to have an attorney.
In Ohio, the hearing is typically managed by a hearing referee or examiner. Hearing referees are attorneys appointed by the Board to hear evidence. They can administer oaths and can subpoena witnesses and documents.
Preparation and Discovery
Prior to the hearing, any dental hygienist accused of misconduct should prepare. First, the licensee should request all the documentation created during the investigation or other paperwork supporting the charges. Once this material is requested from the Board, the hearing may not be set for at least 60 days from receipt. After reviewing these documents, requesting further documentation or taking witnesses' statements under oath (called depositions) may be necessary. Ohio law provides the right to conduct discovery and access to documentation. This is a complicated process, but it is vital to the success of your case. If you find preparation for the hearing overwhelming, remember that you are not a legal professional. An experienced license defense attorney can walk you through each step in preparation for your hearing.
Final Decision
After the hearing, the referee hears the case and issues findings of fact and conclusions of law to the Board. The hearing referee also forwards all exhibits and a copy of the hearing transcript to the Board. After the Board reviews these documents, the parties can argue these findings and conclusions. After this argument, the Board issues a Final Decision. This decision may be appealed.
Possible Disciplinary Actions
The Ohio State Dental Board may take the following disciplinary actions:
- Reprimand. The Board may place a letter of reprimand in the licensee's file. This letter is generally available to other licensing boards in other states.
- Probation. The Board can place a licensee on probation, under which limitations may be placed on their license. This might mean that the hygienist is not allowed to administer anesthesia or that they are placed under heightened supervision. If further violations occur during probation, the Board would move toward more serious discipline.
- Suspension of license. The Board may suspend a license for a set period or indefinitely.
- Revocation of license. The Board may revoke the license, ending the licensee's right to practice. This revocation will be reported to other states and might lead to the loss of a license in that state. A revocation will likely prevent you from being licensed in another jurisdiction.
The Ohio State Dental Board has broad latitude in deciding what disciplinary action to take against a dental hygienist, if any. However, in some instances, Ohio law requires the suspension of a licensee.
Automatic Suspension in Ohio
Under Ohio law, a dental hygienist must be suspended automatically if the licensee:
- Pleads guilty or is convicted of murder, manslaughter, or attempted murder.
- Pleads guilty or is convicted of kidnapping, rape, felonious assault, aggravated robbery or burglary, or aggravated arson.
- Is convicted of a substantially similar crime to those listed in the preceding bullet points.
If the Board learns of a conviction or guilty plea that results in automatic suspension, it will notify the licensee. The licensee must request a hearing in a timely way, or the Board will proceed to revoke the license.
Suspension of a License Without Prior Hearing
In some instances, the Board may act to suspend a license without prior hearing, even when not required to do so. In these instances, the secretary or vice-secretary will recommend an immediate suspension to the Board. The Board will only seek an immediate suspension where:
- There is clear and convincing evidence that the individual violated a law that should result in an immediate suspension.
- The individual poses a danger of immediate and serious harm to the public.
To invoke an immediate suspension, four dentist members of the Board and seven members total must vote to support it. When required, the Board may hold a telephonic conference and vote electronically. The Board will serve a written order upon the licensee under this section.
If the board decides on an immediate suspension, a written order must be served on the dental hygienist. The hygienist in question may request a hearing, which will be expedited. However, the Board has 75 days after the hearing to make a final adjudication on the license, and the suspension will remain in effect during this time. If you face a summary suspension (without a prior hearing), it is vital that you contact an experienced license defense attorney immediately. This is a clear signal that the Board is contemplating permanently revoking your license.
Informal Resolution and Consent Orders
The Ohio Dental Practice Act calls for conferences and other opportunities for informal settlement of disciplinary charges. The Lento Law Firm finds that negotiation or informal agreements often result in the best outcomes and can save unnecessary stress and damage to a professional's reputation. We negotiate toughly and assertively, but we often find that the informal resolution process is the best alternative to a lengthy and risky Board process. The Board often favors an informal resolution process, and the rules reflect it.
One settlement option is to accept some responsibility and sign a consent order. While this is a good option in some cases, it is not in many others. No licensee should sign a consent order without consulting an experienced license defense attorney. Understanding that a settlement agreement or consent order (CO) may require you to admit fault is vital. This may have serious unintended consequences for the licensee, especially if you plan on applying to other jurisdictions. The Lento Law firm is here to advise you on negotiations and possible consent orders.
How an Experienced License Defense Attorney Can Help You
Most healthcare professionals facing discipline are intelligent and caring people and are highly motivated to work hard to present their cases. They may believe that they can defend themselves better than a lawyer. The reality is that the Board has a tremendous advantage in terms of money and resources in disciplinary matters. Even the sharpest licensee will quickly find themselves over their head. An experienced license defense attorney can level the playing field and maximize your chances of the best possible outcome.
An experienced license defense attorney can help you in many ways, including:
- Negotiate with the Board and other state entities.
- Determine your best strategy and draft a response that aligns with it.
- Prepare for the hearing by gathering evidence.
- Represent you at the hearing.
- Argue before the Board and file objections to get the best final decision possible.
- Argue for mitigation of any penalty, if appropriate.
- Appeal, if necessary.
If you face serious discipline, your chances of keeping your dental hygienist license are enhanced with an experienced attorney by your side. The Lento Law Firm can help protect your professional reputation and license during this challenging time. Call the Lento Law Firm immediately if you face disciplinary action anywhere in Ohio. 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.
