As a dentist, dental assistant, or dental hygienist, your role significantly ensures people enjoy good oral health. Your services include regular dental checkups and examinations, treatment of dental and oral issues, restoration of damaged teeth, and prevention of oral and dental problems like cavities and gum disease. People rely on these services to enjoy beautiful smiles and strong and functional teeth, gums, and jawbones. 

But this does not mean you do not experience challenges when delivering your service. After working very hard to obtain a practicing license and acquire clients, you can instantly lose it through complaints of professional misconduct. The Dental Board not only issues licenses to skilled and experienced dental professionals but also ensures they offer quality and reliable services to their patients. In case of a complaint against your service, the board can revoke, suspend, or place your license on probation.

But we can assist you in fighting for your license and the career and reputation you have worked hard to build at Sacramento License Attorney. We help dental professionals like you understand your legal options and navigate legal processes as we protect your civil rights and push for the best outcome for your situation in Sacramento. 

The Role You Play as a Dentist, Dental Assistant or Dental Hygienist

The dentistry field is crucial to maintaining good oral hygiene and overall well-being. Your oral health partly determines your general health. That is why the Dental Board works hard to ensure that only qualified and reputable dentists, dental hygienists, and dental assistants serve those seeking dental-related services. The board accomplishes this in many ways, including examining trained dental workers to ensure they have the necessary skills, issuing licenses, and taking disciplinary action against those charged with professional misconduct. This way, people seeking dental services are assured of quality, reliable, and timely services whenever and wherever.

The role of a dentist in this industry is invaluable. Dentists are responsible for beautiful smiles and functional teeth. They combine their skills, state-of-the-art tools, and technology to prevent and treat dental and oral issues. They also restore damaged teeth, gums, and jawbones to restore oral health and boost their patients’ general well-being. Dentists evolve with advancing technology to ensure they access and utilize newer and better technologies to serve their patients better. 

However, you require proper dental training and experience to provide precise diagnosis and treatment recommendations. It means putting more hours and resources into training, retraining, advanced training, and gaining on-the-job experience. Additionally, you must be calm, even when working under pressure, to keep your patients calm and relaxed through all dental procedures. 

If you are a dental assistant, your role is crucial, even though it is less demanding than that of a dentist. You work closely with the dentist, performing procedures and assuring and advising patients to achieve the desired oral health results. Thus, you also undergo vigorous and prolonged on-the-job training to serve your patients satisfactorily. Your role as a dental assistant goes beyond arranging the tools your dentists need for operations and dental procedures. You also take care of minor oral or dental issues in the absence of your dentist. You also calm the patients and ensure the tools needed are clean and sterilized. 

If you are a dental hygienist, your duty is mainly preventive dentistry. You ensure patients maintain excellent dental hygiene through advice and follow-ups. You also educate patients on good oral health habits and nutrition. 

These three roles require working closely with your patients, their families, and colleagues. This is what subjects you to complaints and formal accusations of professional misconduct by people who are not satisfied with your service. Although you can do little to prevent such complaints and accusations, you can fight to keep the license and the career you have worked hard to build. A qualified license attorney can assist you in navigating various options that will result in a favorable outcome. 

Possible Accusations You Can Face as a Dentist, Dental Assistant or Dental Hygienist

The Dental Board has laid out guidelines by which all dental workers must abide. Going against these guidelines can result in severe complaints and possible consequences, including losing your professional license to revocation or suspension. Here are examples of accusations dental workers face that can result in disciplinary action by the board:

  • Failing to treat patients in genuine pain or a need for dental care
  • Failing to pay an issued citation by the Dental Board
  • Obtaining a work permit through fraud
  • Accepting or asking for kickbacks to prescribe treatment or refer patients to another professional
  • Failing to disclose patient information upon request
  • Administering excess medication or treatment
  • Using deceitful or false advertisements to acquire patients
  • Sexual misconduct with or sexual abuse of a patient or colleague
  • Failing to refund an overpayment to an insurance company or patient
  • Committing any kind of insurance fraud
  • If you suffer from a mental, emotional, or physical condition that makes it impossible for you to perform your duty
  • Keeping misleading, faulty, or false financial or patient records
  • Administering anesthesia without authorization or licensing
  • Being unqualified or negligent when offering dental care or failing to provide dental care
  • If you have a prior criminal conviction that affects your ability to perform as a dental worker,
  • Allowing unlicensed dental workers to work under your supervision
  • Failing to supervise your assistants
  • Performing dental procedures beyond your expertise or the limits of your work permit
  • Abusing drugs or alcohol, especially when working
  • Dealing with controlled substances or illegally prescribing controlled drugs
  • Harassing or threatening aggrieved patients against testifying against you, filing a complaint with the dental board, or providing a negative review
  • Failing to maintain a clean working conditions that puts your patients’ health at risk
  • Failing to report death of patients under your care
  • Practicing without a valid license (using an expired, revoked, or suspended license)

Note: If your out-of-state professional license is invalid, it can affect the validity of your California license. A skilled license attorney can help you understand if your California license is still valid to avoid problems with the board. 

These are only some of the accusations and complaints you can face as a dental worker. The list only shows how diverse these complaints are. You must always be careful when serving your patients to avoid legal issues and their grave consequences. Competent license attorneys understand the gravity of these charges and how to fight them for a reasonable resolution of your case. They also understand how the legal processes work and can apply their legal expertise in your case to protect your license and reputation.

Disciplinary Guidelines By The Dental Board of California

The Dental Board provides disciplinary guidelines for administrative judges to use against dental workers determined guilty through administrative hearings. Even though the board licenses qualified dental workers to equip them to serve in California, its primary mandate is to ensure dental patients and their families are satisfied with the services they receive. Thus, it is safe to say that the board will not take your side if a patient, employer, colleague, or the public files a complaint against you. However, this does not mean that the board is your enemy; the board must ensure that the public only enjoys competent and safe dental services. 

Sadly, most allegations and complaints the board receives are exaggerated, false, or irrelevant. However, they can damage your reputation and cause you to lose a career that has cost you a lot of time and money to build. A skilled license attorney can help you gather and present crucial evidence, expert witnesses, and mitigating factors to help your situation. Since the board focuses on quality service and safety matters, you need someone to fight the allegations to protect your license. 

If the board receives a complaint or allegation against your professional conduct, it will start an investigation against you. That investigation's outcome will determine your license and career status. The board has various disciplinary actions against licensed dental workers who face professional misconduct allegations. The kind of action it will take against you will depend on the nature of the accusation, whether there are mitigating or aggravating factors, and your performance record. Here are typical disciplinary actions for dental workers the board finds guilty of their allegations:

Citations and Fines

This is a minor discipline for dental workers facing accusations of professional misconduct. The board gives you a citation to appear before administrative judges. If the judges find you guilty of your charges, they will order you to pay a particular fine to the board. While this appears like an easy way out for dental workers who misconduct themselves, the citation is usually a public matter. This means anyone, including your employer, colleagues, family, patients, and their families, can see it. 

Even though the citation will not result in license suspension or revocation, it can hurt your reputation. But you can fight it with the help of an aggressive attorney.

Public Reprimands

The board can also reprimand a dental worker suspected of professional misconduct. The reprimand acts as a warning against similar conduct in the future. The Dental Board uses public reprimands in cases where no one has suffered actual harm through your actions. However, since the reprimand is public, it can damage your reputation and affect your ability to find patients or a job. 

Temporary Suspension

If your actions demonstrate a likelihood of another unsafe act soon, the board can suspend your license temporarily pending the investigation and verdict of the administrative judges. You cannot work once your license is on suspension. Thus, you could lose your job or patients and find it challenging to find a job or new patients once the board lifts the suspension. 

However, an aggressive attorney can assist you in fighting the suspension so you can continue practicing your career during and after the investigations. 

License Probation

If you successfully fight a license suspension, the board can place you on probation for a particular period. You will be able to practice your profession while on probation. However, you will be under strict probation conditions, a violation of which can result in dire consequences. For example, the board can suspend or revoke your license if you violate probation. Your legal representative can negotiate favorable probation terms or a reasonable probation period. 

License Revocation

This is the most severe consequence of professional misconduct by a dental worker. If your charges are grave, the board can suspend your license for a particular period or revoke it altogether. You cannot practice your career for some time or forever if you face a possible license revocation. Your lawyer can fight for a suspension instead to avoid completely losing your job. If the board suspends your license, your attorney can fight for a favorable time. They will also assist you in applying for license reinstatement after the suspension period. 

The board’s decision to choose the most favorable course of action is usually tricky. Several factors come into play in selecting the best discipline, including the following:

  • The nature of your violation
  • How severe the violation was
  • Whether your actions caused anyone to suffer harm
  • If you have pending or prior disciplinary actions with the board
  • If your current allegation is one or several
  • The presence of mitigating or aggravating factors in your case
  • Any actions you have taken to deal with the underlying issue that caused the misconduct, for example, if you have joined a substance abuse treatment or counseling program
  • If you have a criminal conviction related to your case or profession, please provide the date the conviction occurred and how you served your sentence.

Find a Qualified License Defense Attorney Near Me

Do you or someone you love face disciplinary action in Sacramento by the Dental Board of California?

Being a highly skilled and experienced dentist, dental assistant, or dental hygienist does not exempt you from complaints and accusations of professional misconduct. Unfortunately, the board takes these issues seriously. It will investigate and take disciplinary action against you, depending on the nature and gravity of the allegations. This puts your license and career at risk.

However, we can assist you in developing a solid defense against your allegations at Sacramento License Attorney. We know how hard you have worked to build a career and reputation in dentistry. We could help you protect your license and reputation. Contact us at 279-242-4711 for more information.