As dental care providers, dental hygienists are held to strict standards of professional conduct to protect patient health and to ensure the public has confidence in the level of care offered by dental professionals. As a result, it’s not uncommon for a dental hygienist to find themselves facing disciplinary action, even for seemingly minor issues. If such incidents are not carefully managed, they can easily spiral and result in serious consequences, such as license suspension or revocation.
If you are facing disciplinary action in West Virginia, or if your license is in jeopardy, do not suffer alone. Contact the LLF National Law Firm Professional License Defense Team at 888.535.3686 or reach us online to secure representation for your licensing issue.
West Virginia Board of Dentistry
The West Virginia Board of Dentistry is the government agency responsible for regulating all dental professionals in the state, including dental hygienists. The Board not only issues new licenses and renews existing licenses, but it also receives and investigates complaints made against dental hygienists by concerned patients, colleagues, and members of the public. Typically, these complaints involve alleged violations of either state laws or, more commonly, professional negligence or misconduct that violates the state’s Dental Practice Act. If you’re under investigation for alleged misconduct, and your license is at stake, it’s the Board that will contact you to inform you of the matter in writing, and they will correspond with you directly.
The Board has various rules and procedures for managing any complaints it receives, and these can be found in full online; however, given how complex these rules can be, it’s best to let your LLF National Law Firm attorney handle the procedural side of things while you focus on moving forward during this stressful time.
When the Board Can Investigate Dental Hygienists in West Virginia
The Board can investigate complaints regarding a departure from expected professional conduct, or professional negligence. For dental professionals, examples of such conduct includes:
- False marketing or advertising
- Fraudulent record keeping
- Breaching patient confidentiality
- Assisting a dentist working without a valid license
- Paying for patient referrals
- Physical or verbal workplace abuse
- Working under the influence of drugs or alcohol
- Failing to maintain a safe facility
Essentially, the Board can investigate any incident that could bring a licensee’s fitness to practice into question.
West Virginia Board of Dentistry Complaints and Investigation Process
Although every dental professional misconduct case is unique, the Board in West Virginia has a specific process for investigating complaints. While your attorney can explain any nuances as they apply in your case, the basic steps are as follows.
Initial Complaint
Any investigation begins with an initial complaint which is usually filed online. The complaint must set out sufficient detail to allow the Board to determine if the matter falls within its jurisdiction and if there is any evidence to suggest that misconduct may have occurred. Although complaints are usually made by patients, they can also be made by colleagues or mandatory reporters, i.e., professionals who are duty-bound to report concerns they have about other service providers.
Should the Board decide the matter is worth investigating further, it will open an investigation. Otherwise, the case is closed at the first instance; however, to protect the public, the Board will typically only dismiss complaints this early if it’s obvious the complaint falls beyond its jurisdiction, e.g., it’s a patient unhappy with the fees charged (unless there’s possible fraud or misrepresentation to consider).
Board Investigations
The Board’s disciplinary investigations typically involve interviewing the licensee under review and potential witnesses such as colleagues or patients. They may also wish to inspect records, such as patient notes and medical files, as part of their investigation. Your attorney can ensure you know what to expect and that Board members treat you fairly.
You must receive written notice of these proceedings, and you have 30 days from receipt to submit a response. This is your first opportunity to present a defense and should be taken seriously as sometimes a simple explanation of what happened can help the Board dispose of the case.
Should the investigations suggest that negligent or unprofessional conduct may have occurred, the Board will notify you in writing of the proposed penalties. If the Board is considering suspension or revocation, you must have the opportunity to defend yourself at a hearing, and you should receive 30 days’ notice of the hearing date. There are some rare occasions where the Board may temporarily suspend a dental hygienist’s license prior to a hearing; however, this is usually reserved for the most serious allegations which involve a possible danger to the public.
Conference
Unless the licensee admits to the alleged misconduct, or if suspension or revocation is being considered as mentioned above, the case becomes a “contested case” and proceeds to a formal hearing. Your LLF National Law Firm attorney will represent you at any contested hearing and cross examine the Board’s evidence against you, while also presenting the most persuasive evidence possible in your favor.
After the hearing, the Board will determine whether there’s sufficient evidence to impose a penalty or if the case should be dismissed.
West Virginia Board of Dentistry Sanctions
The Board has a wide discretion to impose various sanctions appropriate for the nature and severity of the alleged misconduct. The penalties include, but are not limited to:
- Written warning
- Formal verbal reprimand
- Compulsory continuing education
- Attendance at drug and/or alcohol counseling programs
- Restrictions on practice, e.g., supervised practice
- License suspension
- License revocation
Your attorney can explain which penalties may be considered in your case and how you might negotiate for the most proportionate and fairest outcome possible.
Consequences of Board Investigations
In some cases, the Board will find in the licensee’s favor and conclude that no actionable misconduct took place. Such cases are dismissed, and no further action is taken. But in others, disciplinary action and penalties follow. But aside from penalties such as license suspension or revocation, there are various other less obvious consequences flowing from a Board investigation and subsequent disciplinary action.
- Even less serious reprimands, such as a written warning, can impact your permanent professional record and make it more challenging for you to pursue future opportunities.
- Board disciplinary action can become public knowledge. Your reputation may be damaged among patients, even for relatively minor incidents, which could lead to difficulties in retaining patient trust in your services.
- If your livelihood depends upon working as a dental hygienist, then losing your license—even temporarily—can significantly jeopardize your financial well-being and cause emotional strain.
- Any Board investigation is stressful. Your personal relationships could suffer, and you may struggle psychologically to handle the uncertainty while investigations are ongoing.
Patient or colleague complaints about your conduct can make you question your own abilities and seriously damage your confidence. That’s why you need the LLF National Law Firm Professional License Defense Team to stand alongside you and to ensure you feel supported rather than isolated during this challenging time.
Appealing License Suspension or Revocation in West Virginia
The West Virginia Board of Dentistry permits licensees to appeal a decision to suspend or revoke their license. According to West Virginia state law, such appeals must be filed within 30 days of the original decision, and a Circuit Court judge will either confirm the Board’s decision, reverse their decision, or revise the decision, e.g., impose a suspension rather than a license revocation. The judge will only consider reversing or revising the decision if it’s clear that the Board acted wrongly, e.g., they misapplied the law or misinterpreted facts. An appeal is not an opportunity to retell your side of the story. Unless you have legal grounds to appeal the decision, it may be denied.
The appeals process is complex, involving various deadlines and procedural rules that are subject to change. And if your appeal is unsuccessful, it may not be possible to proceed with any further appeal. Your LLF National Law Firm attorney will ensure that you understand what is required of you at every stage of the appeals process, and they will help you comply with any submission deadlines and answer any questions you may have along the way.
Reapplying for a Dental Hygienist License in West Virginia
Even if the Board revokes or suspends your license, you may reapply for a new license following a period of consideration which is usually specified at the time of license suspension or revocation. To reapply for any dental license, including a dental hygienist’s license, you must complete a certain number of hours of compulsory education and submit proof (such as an original certification) to prove completion. You may also be required to pay a fee before the Board will consider your application; check with the Board for the most up-to-date fee schedule.
Bear in mind that although you can apply for license reinstatement in West Virginia, there’s no guarantee that the Board will agree to issue a new license or end your suspension. Avoiding license-based penalties at the outset is always the preferred outcome, and the LLF National Law Firm will do everything possible to help you negotiate a less severe penalty if disciplinary action is unavoidable.
Why Board Investigations Mean Dental Professionals Need Legal Advice
Board investigations may appear to be a minor issue or at least one you can handle on your own. However, it’s crucial that you immediately seek legal advice the moment you receive notice from your Board of pending investigations.
- The Board has its own legal team, including highly experienced attorneys with a comprehensive understanding of the rules and regulations, to offer advice. Without your own counsel, you risk making avoidable errors, missing key deadlines, or approaching negotiations without a full understanding of your legal rights and options.
- Board investigations are stressful and time-consuming. Your LLF National Law Firm attorney can handle the paperwork on your behalf while you focus on moving forward.
- Sometimes, you can negotiate a lesser penalty than, say, license revocation or suspension. This is because the Board has discretion as to the types of penalties it imposes, even if there is proven misconduct. An experienced attorney will do everything possible to help you mitigate the consequences of disciplinary action.
- Since the Board has discretion, it may choose to offer a contract, or agreement, whereby you admit guilt in exchange for avoiding license suspension or revocation. Without fully understanding the pros and cons of accepting such an agreement, you risk damaging your career prospects or making a decision you may regret in the long term.
No matter how tempting it may be to try to negotiate your own defense in the hope that the issue is resolved quickly, you’re entitled to legal advice, and you should take advantage of this opportunity to build the strongest possible case in your favor. Protect your interests by retaining the LLF National Law Firm Professional License Defense Team at the earliest opportunity.
Experienced Professional License Defense Attorneys in West Virginia
While technically any civil attorney can represent a dental hygienist facing Board proceedings, the process is highly nuanced and often requires careful, considered negotiations based on a knowledge of these unique negotiations. The LLF National Law Firm Professional License Defense Team has such knowledge, and we will use our experience successfully representing dental professionals facing disciplinary action to help you navigate the steps involved. No matter whether you’re in Charleston, Morgantown, Beckley, Wheeling, or Fairmont, we work across the state and the US to support dental hygienists during Board investigations. So do not hesitate to reach out to us to learn more about your legal rights and options, and to retain our team.
Retain the LLF National Law Firm Professional License Defense Team
Any investigation by your licensing board, even over a seemingly small complaint, must be taken seriously. Even relatively minor complaints can spiral and result in serious disciplinary action if steps are not taken quickly to protect your interests. The West Virginia Board of Dentistry will not hesitate to restrict, suspend, or even revoke your dental hygienist’s license, and you deserve every opportunity to mitigate the risks of such outcomes. This is where the LLF National Law Firm Professional License Defense Team can help. No matter how serious the accusations are against you, we will guide you through the entire disciplinary process, helping to ensure your side of the story is considered fully and that you have the support you need to make the best decisions regarding your case management.
Do not let the threat of possible Board disciplinary action overwhelm you. Reach the LLF National Law Firm online or by contacting us at 888.535.3686 and secure the legal support and representation you deserve when facing licensing board investigations.