As a dentist, dental hygienist, or dental assistant, you play a critical role in ensuring that everyone enjoys good oral health. This improves their smile and confidence, and contributes greatly to their general health. However, it is not easy to acquire the necessary skills and qualifications to work in dentistry. It takes a very long time and costs a considerable amount of money to train and become a licensed dentist, assistant, or hygienist.
Unfortunately, your qualification alone is not enough to maintain your license. A mistake, or allegation of unprofessionalism or incompetence, can result in the suspension or revocation of your license. If this happens in Oakland, we can help at the Oakland License Attorney. We help defend professional licenses and livelihoods, giving licensed professionals a second chance at their careers.
The Process of Obtaining a Professional License in Dentistry
Working in dentistry as a licensed professional is wonderful. In addition to the excellent working conditions provided in various healthcare centers that offer dental services, the pay is really good. You also enjoy the possibility of career growth within a few years of service, especially if you have excellent skills and a good reputation. You can open your own practice and build a reputable business that can grow significantly over the years.
However, all this starts with a good education. After obtaining the necessary basic education, you need to earn a DMD or DDS degree from a recognized dental school. The school must be accredited by the Commission of Dental Accreditation. Education alone is not enough; you must provide proof that you have completed and passed all required examinations. These include written board exams, clinical examinations, and state-specific dentistry law and ethics examinations.
Once you meet the above requirements, you must go through an extensive process to apply for licensing. This means filling out and filing the required paperwork and submitting to a background check. The Dental Board of California licenses only dentists, assistants, and hygienists who meet specific criteria. Thus, this is usually a very rigorous process. The process is also not free, since you have to pay the required application fee.
Sadly, even after going through the process above, you could still lose your license due to a regrettable mistake or a false allegation. If an unsatisfied patient files a complaint against you or you are found to have committed a crime, the board can take stern disciplinary action, including revoking, suspending, or placing your license on probation. This will affect your career and livelihood.
However, this should not mark the end of a career that has taken you a long time and cost you so much money to build. With the help of a competent license attorney, you can fight any kind of allegation against you. You can do this before or after a formal allegation is brought against you. A skilled attorney will also fight for your rights and advise you on the best ways to avoid such troubles in the future.
Reasons To Defend Your Professional License
Your career in the dental industry, whether as a dentist, assistant, or hygienist, is very important to you and your dependents. This is your source of livelihood, without which you may not meet your financial needs or the needs of those who depend on you. This should be your primary reason to defend your license against any allegation that may come your way. An allegation can result in the temporary suspension of your license or its permanent revocation. This means you will not be able to cater to your needs, or your loved one’s needs, until a suspension is lifted, or until you find another means of livelihood.
Your license is also important to your patients. These are the people who depend on you for good oral health and general well-being. If you have the right skills and experience and have built a clientele for the years you have been in operation, your clients will lose a lot when your license becomes suspended or revoked. They will be forced to seek alternative services and build a new rapport with another business.
If you already have your practice and your license is at risk of suspension or revocation, people working with you also risk losing their jobs. If you have your own dental office and have dental assistants, hygienists, and other office assistants working with you, they all could lose their jobs once you are no longer in operation.
Fortunately, all is not lost when someone files a complaint against you with your licensing board. With the help of your attorney, you can investigate to determine the genesis of the claim. Then, you can develop a defense strategy that will safeguard your license and career. You can negotiate for a settlement before a hearing, or use the best defense strategies to fight the allegation during the administrative hearing. A competent attorney can also use mitigating factors to trigger a more favorable outcome in your case.
Types of Allegations a Dentist, Assistant, or Hygienist Can Face Today
On its website, the California Dental Board lists different allegations that can trigger an administrative process against a licensed dentist, assistant, or hygienist. Although the board receives various allegations from dissatisfied or injured patients, it does not pursue all of them. Most of the allegations that the board pursues fall under the following categories:
Professional and Ethical Misconduct
There are various reasons the board can file a professional or ethical misconduct allegation against you. They include the following:
- If you are negligent in your service delivery, you put your patients at risk of physical, mental, emotional, or financial harm
- If you are incompetent or lack the necessary skills or experience to offer a service that you are licensed to offer
- If the way you perform certain procedures falls below the acceptable dental standards, for example, when you make avoidable treatment or diagnosis errors
- If you engage in sexual misconduct with a colleague or patient
- When you breach patient confidentiality
- If you are generally unprofessional with colleagues or patients
- When you continue working without a valid license, or allow an unlicensed assistant to work under your supervision in a position that requires licensing
Regulatory and Administrative Incompliance
The board has strict regulatory and administrative requirements that you should remain compliant with as you practice your career. Being uncompliant can result in disciplinary action that could cost your license and livelihood. Some of the common violations under this category include the following:
- Failure to complete the required continuing education units by the Dental Board
- Taking courses from uncredited providers
- Failing to maintain proper patient records, or keeping false, inadequate, or misleading patient records
- Violating the mandatory minimum standards for infection control and office sanitation
- Using misleading, deceptive, or false advertising practices
- Using a fictitious name during marketing, without proper authorization
Legal and Financial Problems
The dental board can also take disciplinary action against you for different legal and financial problems, including the following:
- If you are alleged to be addicted to drugs or alcohol, and it is affecting your work
- If you are accused of a crime, or have a prior criminal conviction that substantially affects your professionalism, like assault, drug possession, or DUI
- If you commit fraud through overbilling, filing fraudulent insurance claims, or fraudulently obtaining your professional license
- Excessive or wrongful medical prescriptions, or committing prescription fraud
Disciplinary Guidelines by the California Dental Board
Some complaints that the California Dental Board receives are usually false, not relevant to your profession, or exaggerated. Sadly, this can still land you in problems, causing you to lose a career you chose and worked very hard to master. The board takes some of these allegations very seriously and has a long list of disciplinary actions against anyone found to be putting the public at risk. Here are possible disciplinary actions you could face if the board files a formal complaint against you:
Citations and Fines
These are very common, especially when you are accused of a minor violation or indiscipline. The board issues a citation, requiring you to appear before a judge to pay a particular fine. Although this is a relatively minor disciplinary action, it can still affect your livelihood and reputation. This is because the dental board issues citations publicly on its website. The public can easily see it, including your current and future clients and employers. A public citation can also damage your reputation, making it difficult for patients to trust your professionalism.
A skilled license attorney can fight the citation or the fine (if it is more than you can afford).
Public Reprimand Letter
Instead of issuing a citation for a minor allegation, the board may issue a reprimand letter. The letter is also publicly issued, on the board’s website, for all to see. This includes your patients, your employer, your colleagues, your family, and your future clients. Although a reprimand does not directly affect your license, it can ruin your reputation. That is why you need an attorney’s help in fighting the allegation or the reprimand to protect your license and reputation.
Interim License Suspension
The dental board can issue a temporary suspension of your license to stop you from engaging in an unsafe act any time soon. The suspension is carried out during the investigation and can be prolonged or lifted, depending on the board’s findings. A license suspension will leave you without work for some time. This is not ideal, especially if you and your loved ones depend on your career for a livelihood. Your attorney can fight it before the board affects the suspension.
Suspension or Revocation
An official suspension of your license can happen after the investigation. The board stops your practice for a specific period to allow you to make amends or meet certain requirements. For example, if you have a drug or alcohol problem. The board can suspend your license for some months or years to allow you to receive the necessary treatment and rehabilitation. Once the suspension period is over, you can reinstate your license.
License revocations are different because they are usually permanent. Although they are rare, the board can cancel your license if your actions have resulted in significant damage. For example, if you negligently cause the death of a patient, the board can suspend your license.
Suspensions and revocations are used for severe violations. However, a competent attorney can fight them for a more favorable resolution. The most important thing is to ensure you retain your license and reputation, so you can continue practicing your career.
When deciding the right disciplinary action to take against you, the board considers several factors. They include the following:
- The severity and nature of the allegations brought against you
- If any person suffered actual harm due to your actions or inactions
- The possible outcome of the situation, or the possible harm your actions could have caused the public
- Whether you have prior disciplinary cases with the board
- If you face one allegation or multiple allegations
- Whether there are mitigating or aggravating factors in your case
- If you have demonstrated any effort at rehabilitation or being remorseful after the alleged incident
- If you have sought or intend to seek treatment or rehabilitation to correct your behavior
- The nature of your criminal record and whether it substantially affects your profession. In this case, the board will determine how long ago your criminal conviction occurred and whether you are fully rehabilitated or have complied with all court-ordered terms and conditions.
Find Skilled Oakland License Defense Services Near Me
If your dentist, dental hygienist, or dental assistant career in Oakland is at risk because of an allegation you face, a skilled attorney can help. A professional license attorney can investigate your case to understand its seriousness, determine your defense options, and plan a defense strategy that will result in a favorable outcome. They can negotiate with the Dental Board for a favorable resolution or use the best defense strategy to fight the allegation.
At Oakland License Attorney, we passionately defend professional licenses because we know how much they mean to the professionals. We can work with you to develop a defense strategy that yields the best possible outcome in your case. Call us at 510-250-4709 to discuss this further.
