Dentists, Dental Assistants & Dental Hygienists

Healthcare professionals, such as dental hygienists, dental assistants, and dentists, invest an extensive amount of resources and time in pursuing their livelihoods and careers. Building a successful career in dentistry is a process, not an occasion. However, even though obtaining a dental-related license and attending to patients is highly worthwhile and rewarding, your career could be crushed by a single investigation from the licensing board.

If you have been involved in a license dispute, protecting your license, rights, and future is key. A knowledgeable dental license lawyer possesses the skill and drive to help.

At Fresno License Attorney, we represent licensed dental assistants, dental hygienists, dentists, and other dental professionals in all matters related to licensing. We also provide legal advice and representation to new applicants who face legal challenges in obtaining their licenses. Should you have concerns or questions about your practice or license, we can help you with the insights and advice you require. Call us today for a free, confidential consultation.

The Purpose of The Dental Board of California (DBC) and The Dental Hygiene Board of California (DHBC)

The DBC, based in Sacramento, oversees the professional licenses of dental assistants and dentists, including the issuance and denial thereof. On the other hand, the DHBC oversees the licenses of dental hygienists. These two regulate and monitor dental practices across California, and their reach is considerable. They are part of the California Department of Consumer Affairs (DCA).

Both boards are governed by the Dental Practice Act, covered under the California Code of Regulations and the Business and Professions Code. Additionally, like any professional license disciplinary matters, dental license disciplinary matters are also governed by the California Administrative Procedure Act (APA), as described under the state Government Code.

The Dental Board’s and Dental Hygiene Board’s enforcement units handle reports associated with both criminal and administrative violations, which they substantiate or disprove via a rigorous investigative process. Depending on the Enforcement Unit’s findings, either board can end investigations that determine wrongdoing in one of these ways:

• Referring the license holder for criminal or administrative prosecution
• Suspending or revoking the license of the professional
• Placing the licensee on probation

That said, investigations by the Dental Hygiene Board or Dental Board are intricate affairs. Consequently, whether you are a license applicant or a current holder, having a skilled professional license lawyer is essential if you are under investigation.

Allegations That Can Lead to Disciplinary Action Against Dental Professionals

Dental professionals, including dental assistants, hygienists, and dentists, can be subject to disciplinary action for almost all violations and misconduct involving dental practice. Sometimes, your actions outside of your job can place your license at risk, too. Prevalent matters that can lead to the licensing board pursuing disciplinary actions include those that involve allegations of:

• Improper recordkeeping or documentation practices. Proper record-keeping and documentation are crucial to effective dental practice compliance management. Often, dental professionals are subject to disciplinary proceedings not for engaging in violations of ethical standards or non-compliant practices, but for failing to affirmatively prove compliance when facing serious allegations.
• Improper prescription medication practices. These are among the leading causes of disciplinary proceedings by the Dental Board and Dental Hygiene Board. Like other healthcare providers, dental professionals must strictly adhere to all applicable federal and state laws governing the use of controlled substances. They must also ensure they dispense and prescribe drugs only to patients who genuinely require them. Billing for supposedly unnecessary prescriptions could trigger disciplinary proceedings by the board.
• Dental malpractice and negligence. Accusations of dental malpractice and negligence are one of the most prevalent causes of disciplinary action. Even when the allegations are entirely unfounded, you must work with a skilled attorney to protect yourself from unwarranted and unnecessary consequences.
• Medi-Cal billing-related violations. Any dental professional who bills Medi-Cal is required to strictly adhere to the program’s billing requirements, restrictions, and rules. Unbundling, overbilling, or upcoding for ineligible services constitutes ethical misconduct that can result in professional discipline.
• Patient and private insurance violations. You may also be subject to discipline due to violations of patient and private insurance policies. Double-billing, billing at higher rates, and any other similar type of violation can trigger ethical concerns that lead to board investigations.
• TDP (Tricare Dental Program) billing violations. Like Medicaid billing, a dental professional who bills the TDP should ensure they adequately comply with billing protocols. Any billing-related violation can result not only in liability for recoupments and other TDP-related sanctions but also in discipline by the board.
• Drug and alcohol use. Dental professionals can also be subject to disciplinary action because of drug and alcohol use. This is the case for drug and alcohol use, both off and on the job. If you are struggling with substance dependence, various programs and options are available. An attorney can help you determine what is best for your career and livelihood.
• A conviction of a crime related to the functions, qualifications, and duties of a dentist, dental hygienist, or dental assistant. If the criminal court convicts you of a felony or misdemeanor offense related to your practice, you may lose your license. Examples of these crimes include sex crimes, DUI, fraud, and embezzlement.

Note that if you are convicted of a criminal offense, then you are required to self-report to the board within a specified period (within 30 days). This includes pleas of no contest and, in some cases, the filing of an information or an indictment. Failure to do that can be considered an ethics violation and can lead to disciplinary action.

Other allegations include the following:

• Practicing without a valid license
• Aiding and abetting unlicensed practice
• Sexual misconduct with a patient
• False advertising
• Patient abandonment
• Tax evasion
• Failure to satisfy continuing education requirements
• Continuing education fraud

Overview of the Disciplinary Process

The disciplinary process of the Dental Board or the Dental Hygienist Board commences when any party files a formal complaint against a dental professional. The complaint can come from a patient, colleague, another board, or the public. When someone complains about you to the board, the board might initiate an investigation into the matter.

During the investigation, the board investigator may contact you for an interview or request some information. You want to have an expert attorney with you during the interview to help you answer any questions correctly and advise you when to remain silent to avoid self-incrimination. With appropriate guidance, the disciplinary process may be terminated at the investigation stage. However, if that does not happen, the board may opt to send your matter to the Attorney General’s Office for further action.

Once your case reaches the Attorney General’s Office, the office will file a formal Accusation (if you already have a license) or Statement of Issues (if you seek to obtain a license). They will then send you notice of the Statement of Issues or Accusation. You must file an immediate response to the notice in the form of a Notice of Defense. If you do not submit your Notice of Defense within 15 days, the board will issue a default order against your license, leading to automatic revocation.

If you respond, your case will be set for an administrative hearing. The hearing will take place at one of the state’s Office of Administrative Hearings (OAH) locations in Sacramento, Oakland, San Diego, or Los Angeles, and an administrative law judge (ALJ) will preside over it. During this proceeding, the ALJ will hear from both sides. You have the right to present and cross-examine witnesses at the proceedings, and the same applies to the Deputy Attorney General.

At the end of the hearing, the judge will review the evidence presented by both you and the Deputy Attorney General and will have thirty days to provide their written recommendations to the board.

If the judge finds that you did not commit a violation, the board will let you walk. If you are guilty, the judge will recommend to the board the appropriate disciplinary action that it should impose. The board has the discretion to follow the judge’s recommendations as they are, modify them, or not consider them entirely. Based on the case facts, including the present aggravating and mitigating factors, the board can impose disciplinary actions such as

• Public reprimand
• Citation and fines
• Requirement to complete continuing education hours
• License probation
• License suspension
• License revocation

If you lose your license, either to suspension or revocation, all is not lost. After a specified period, you may qualify to request that the board reinstate your license. And if your license has been placed on probation, you can typically request that the board terminate the sentence early or modify the terms and conditions.

Defense Strategies

The ideal defense strategy centers on the specific facts of the case. However, prevalent approaches are:

• Presenting compelling evidence that disproves the allegations against you or denies the justification for facing discipline.
• Developing a rehab strategy that may include professional counseling, treatment, or both. This strategy will work if you have a problem with chemical dependency.
• Employing an independent investigator who assembles evidence like computer metadata, eyewitness testimony, and subpoenaed records to create a strong defense report.
• Creating a mental health rehab strategy to curb considerable stress, tragic loss, situational depression, domestic abuse, or other challenges you experience.

It is essential to recall that both the DBC and DHBC are committed to both diversion and mitigation as a way of safeguarding the public while supporting licensees’ recovery. Therefore, should you qualify, this outcome could be an option for you.

How a Professional License Defense Attorney Can Help You

An experienced attorney can help you in several ways to beat the allegations against you and increase the chances of retaining your license. Some of these ways are:

• Overseeing board investigations. If the Board Enforcement Unit has launched an investigation into your case, a lawyer can oversee it and assist in steering it towards a favorable outcome. They will request a copy of the complaint, assist you in preparing for the investigation interview, and represent you during that interview. That said, it is imperative to hire your attorney in the early stages of your case so they can promptly intervene in your matter and start working with you to develop your defense.
• Negotiating with the board. Your legal counsel can seek to resolve your case without a hearing being held. They can negotiate a favorable settlement, leading to you facing lenient disciplinary action.
• Preparing for an administrative hearing and representing you. If contesting the allegations against you is the ideal option based on the circumstances, your attorney can guide you on how to prepare for your administrative hearing thoroughly. They will ensure you know precisely what to anticipate and build a defense aimed at convincing the judge to rule in your favor.
• Appealing your case if necessary. A lawyer can also handle your appeal if necessary. They will assist you in preparing the appeal paperwork and filing it with the appropriate court. If the board has suspended or revoked your professional license, your legal counsel can help you seek reinstatement after the specified waiting period has elapsed.
• Assisting you in building and maintaining a compliant dental practice. Apart from providing legal defense, an attorney can also offer dental practice compliance services, ensuring you avoid legal trouble. The lawyer can assess your practice’s current compliance protocols and assist you in implementing any necessary modifications or updates to establish and document ongoing compliance.

Find a Skilled Dental Professional License Defense Lawyer Near Me

If your dentist, dental assistant, or dental hygienist license is under investigation, or if you are a new applicant facing legal challenges, you want to consult a lawyer promptly. Early intervention can increase the odds of obtaining the most favorable outcome for your case. For example, a legal counsel can help ensure your case does not proceed beyond the investigation stage, as they have the skill to mitigate the situation successfully.

At Fresno License Attorney, our lawyer can help you irrespective of the specific accusations you face. We can help you make informed decisions and provide the necessary legal representation for your case. We have in-depth experience defending dental professionals across Fresno and the surrounding areas, and we can utilize it to protect your license to the greatest extent possible. Contact us at 559-388-5402 for a complimentary consultation and case review.