Oral health plays a critical role in the general well-being of Californians. Dentists, dental assistants, and dental hygienists help you maintain oral health by caring for your gum tissue, jawbone, and overall mouth structure. These health professionals partner or collaborate to give you a flawless and functional smile.

Becoming a dental hygienist, assistant, or dentist requires years of training, education, and experience. The California Dental Board is mandated to protect Californians seeking dental services and ensure they receive services that satisfy the requisite standards. Unfortunately, a mistake or allegation in this profession can lead to suspending or revoking your health professional license. At Riverside License Attorney, we can assist you in protecting your license, reputation, and source of income when the board investigates you for malpractice or a criminal offense.

The Crucial Responsibilities of Modern-Day Dental Workers

Dental workers provide critical healthcare services that Californians receive. These individuals help you obtain and preserve a flawless smile and functional gum tissue and teeth. Today, with technological advancements in dentistry that have led to state-of-the-art equipment and advanced dental techniques, the efficiency of dental services has improved. Dental professionals can quickly diagnose your condition, prepare the appropriate procedure and tools, and conduct the procedure. Therefore, to work as a dentist, dental hygienist, or dental assistant, you need the skills and knowledge to diagnose and effectively perform the required procedure.

As a dentist, you must master the art of staying calm under pressure and give your dental patients the reassurance they need to stay relaxed. You must also provide sound advice regarding the choice of anesthesia a patient must use based on their medical history, the billing options, and how insurance can help reduce the cost of treatment. The wrong advice or mistake can lead to complaints from a patient, jeopardizing your career.

Another health professional that composes a dental team is a dental hygienist. Your training as a dental hygienist is to prepare patients for dental procedures by maintaining proper hygiene during the procedure. Additionally, you are responsible for maintaining the patient's medical records, conducting x-rays, preparing fluoride mouthwash for dental crowns, and explaining preventative dentistry to the patients, including maintaining a healthy diet and hygiene. The demand for dental hygienists in dentistry is rising in the country, but as these health professionals increase, so do formal complaints against them.

Another dental team member at your dentist’s office is the dental assistant. As a dental assistant licensee, you are responsible for ensuring that your dentist has all the tools and equipment required for a procedure. Again, in the absence of the dentist, you should perform minor dental procedures. Besides, you are responsible for ensuring that patients scheduled for dental procedures, particularly children, are relaxed by addressing their concerns regarding the treatment. Another responsibility you must perform is sterilize the equipment used for the procedure and prepare the patient both physically and emotionally for the treatment. With these significant responsibilities, you risk accusations or complaints that could put your license at risk.

Your attorney knows how crucial each of these roles is performed by dental workers, even if many patients cannot tell them apart. Often, patients have unrealistic goals or are quick to judge dental workers when the results are not what they expected. Sometimes, you will make an honest mistake, but some patients will make it worse than it is by filing a complaint.

No matter what your patients say about you, our licensing attorneys are available to offer you a fresh start by aggressively defending your license. We understand the license you have worked hard for is on the line, and therefore, we will do our best to safeguard your license and source of livelihood.

Common Allegations You Can Face as a Dental Licensee

As a dental worker, you risk several formal accusations from your patients. Usually, you learn of the accusation when the board serves you with a notice. Once served, you have fifteen days after service to respond to the allegations through a defense notice. If you fail to respond within the given time, you will suffer an automatic license revocation. An allegation, however minor it appears, must be responded to promptly; otherwise, it could escalate and severely dent your career and reputation.  The matter will be resolved if your team, the licensing agency, and the prosecutor agree. However, when no settlement is reached, the case proceeds to an administrative hearing.

The possible complaints you could face are:

  • Declining to attend or treat a patient genuinely requiring dental care
  • Using false advertising tactics to lure unsuspecting clients
  • Disregarding conditions from a previous citation by the licensing agency
  • Maintaining fraudulent or inaccurate patient records
  • Using marketing materials that guarantee dental services
  • Drugs or controlled substance abuse on the job endanger a patient’s life
  • A guilty verdict for a criminal violation
  • Allowing an uncertified or unqualified dental assistant to work under you
  • Performing dental procedures you are not licensed to undertake or outside your scope of expertise
  • Aiding or assisting uncertified dental practice
  • Changing patient records
  • Failure to supervise assistants
  • Fraudulently obtaining your practice license
  • Receiving kickbacks for referrals to a particular specialist or administering medication or dental tools
  • Refusing to refund overpayments to dental patients or insurers
  • Engaging in any form of insurance fraud
  • Having a bodily or mental impairment that hinders you from performing your roles safely and effectively
  • Making threats or harassing former patients or fellow dental workers to discourage them from bringing a complaint against you
  • Engaging in incompetence or negligence while performing a procedure
  • Engaging in sexual abuse against a client or colleague
  • Administering sedation, anesthesia, or sedatives without the relevant certification
  • A criminal conviction for an offense that hampers your ability to practice or meet industry standards
  • Having unsanitary conditions in the dental office
  • Abandoning a patient

These are just some of the violations that can lead to formal complaints, but they show there are many sources of formal complaints. Find an attorney who understands your allegations and knows how to address them for a favorable outcome.

Negligence and Professional Licenses

Most dental workers face complaints or accusations because of negligence. The accusations arise when a patient feels that you, the dental licensee, owed them care but violated this duty, directly causing their injuries. The facts that should be demonstrated in these cases are:

  • A patient-dentist relationship existed
  • You owed the patient a standard duty of care
  • You breached the duty
  • The breach was the direct cause of the patient’s injuries

Patients file complaints to inform the board that one of their licensees does not adhere to the standards set to ensure patient safety and quality service. The claimant can seek compensation for damages by requesting that the dental agency suspend or revoke the license.

Once the licensing agency receives the complaint, it will evaluate it further to see if the accusations can be substantiated. Normally, patients filing complaints keep records of the licensee’s treatment received, recurring symptoms, harm suffered, and recommended treatment. If there is proof of negligence, the licensing board will hold you responsible for the patient’s harm. Evidence is crucial in these cases, as it guides the board’s decision. Therefore, when your license attorney challenges the evidence, they can prevent disciplinary action.  

The outcome of your case depends on the case’s facts. However, a competent attorney can obtain a fair outcome even when you feel your case is hopeless.

Dental Licensing Agency’s Investigations

The state dental license agency usually commences investigations when it receives a substantiated allegation. These investigations can be sting operations, guilty verdicts in criminal cases, or criminal investigations. The agency relies on non-sworn investigators for non-criminal cases. In criminal inquiries, they use sworn peace officers.

Once investigations are concluded, the board can opt to:

  • Close the accusation or complaint
  • Cite the licensee
  • Refer the case to the state attorney general
  • Send the case to the DA to file formal charges

California Dental Board Disciplinary Guidelines

An administrative judge must follow the disciplinary guidelines in an administrative hearing to determine the result of the investigations started by the licensing agency. The rules guide the judge in issuing the most appropriate verdict based on the evidence presented to the agency. The rules clearly state that the agency is in the corner of the consumer of your dental services and the public regarding the case presented before them. However, it does not mean the board is against you, as they are the ones who issued you the license; their primary objective is to protect the consumer and ensure that they enjoy safe and quality dental services.

Unfortunately, most accusations against dental licensees are false, exaggerated, or unrelated to their duties. Nevertheless, the agency will take every accusation seriously and conduct its own investigations. You will face formal allegations if there is a substantial relationship between the complaint and your duties. Under these circumstances, you will require a competent license attorney to present mitigating circumstances, call expert witnesses, and poke holes into the prosecutor’s evidence for a positive outcome. The disciplinary action the dental licensing board can take against you includes:

Citation and Fines

The administrative judge will issue a citation and impose fines when there is a minor complaint against you. However, disciplinary action can damage your reputation because it will appear on the dental licensing board’s website, and the public can access it. Finding employment or new clients becomes challenging.

Public Reprimand

Even though it does not include payment of fines, a public reprimand by the board has the same negative effects on your reputation as a citation. The board reprimands you publicly, even if your mistake did not harm the dental patient. It warns you against the same misconduct or mistakes in the future.

Interim Suspension

A suspension of your dental license, even temporarily, can hurt your practice and income. The board usually issues an interim suspension when you face a serious charge, such as a felony substantially related to your dental license. The suspension is issued pending further investigations by the board or trial if they are convinced you will likely participate in unsafe conduct. An investigation or trial can go on for years or months, which is a long time not to practice. Luckily, with the help of a competent attorney, you can overturn the temporary suspension to serve your patients pending the determination of the matter.

License Probation

When it is impossible to overturn a license withdrawal or an unfavorable verdict is inevitable, the best outcome your defense attorney can obtain is a stay on the renovation with probation. When the judge stays the dental license revocation, you can continue practicing, but under strict guidelines, until the probationary period lapses.

License Suspension

If you do not file a defense notice within fifteen days of being served with formal accusations or face a severe allegation, the agency will revoke or suspend your dental license. However, with the guidance of an attorney, you can reduce the suspension period or file for reinstatement.

When imposing disciplinary action, the board takes into account several factors, including:

  • The severity and nature of your violation
  • Your case’s circumstances
  • Proof of rehabilitation
  • If you presently face at least one accusation
  • You have a criminal record that is substantially related to your dental license
  • Your case’s mitigating or aggravating circumstances
  • History or disciplinary action on your professional record
  • The possible harm you could have inflicted on your dental client

Probation Conditions

In many cases, disciplinary action from the board is inevitable. Therefore, convincing the judge to stay the revocation with probation is the most favorable outcome you can acquire in the case. In some cases, the judge could require you to serve a short suspension or revocation period before probation begins. Other times, the board could require you to undergo drug rehabilitation before imposing probationary terms on your license to allow you to continue practicing.

Even when the judge imposes probation, you still have the chance to face lenient probationary conditions with the help of an attorney. The administrative judge imposes both standard terms and those specific to your violation. However, your lawyer can obtain less strict conditions because the terms are negotiable.

Find a Skilled License Defense Lawyer Near Me

Having a professional license as a dental worker is critical because it demonstrates that you possess the skills and knowledge to offer dental services. Without a license, you cannot practice, which means you will lose your source of income. A complaint or allegation from an unsatisfied patient, colleague, or employer can adversely impact your license. At Riverside License Attorney, we can collect evidence and formulate defenses for a favorable outcome in your administrative hearing. Contact us at 951-404-0569 to discuss your case.