Dentists, dental assistants, and dental hygienists all play crucial roles in maintaining patient’s oral health and protecting or restoring their teeth and gums. Becoming a dentist requires extensive, rigorous training and dedicated study for several years. The state’s dental board subjects dental license applicants to a stringent and costly procedure to ensure only competent candidates are put in charge of patients' dental care. However, a single complaint or error can jeopardize a diligently acquired dental license, potentially leading to its suspension or revocation.

We at the San Francisco License Attorney understand the challenges dentists face when their license is challenged, threatening their employment with potential negative consequences or termination. We have a comprehensive understanding of the rules, regulations, and administrative procedures governing such complaints. We have successfully helped many dentists, dental hygienists, and dental assistants in fighting legal challenges and continuing their professional practice. Our team is ready to take action on your behalf. Contact our law firm anytime for professional license defense services across the San Francisco area.

Understanding the Roles of California Dental Practitioners

Dentists provide one of the most essential services. Their main goal is to ensure patients have a healthy, beautiful smile while maintaining the health and function of their teeth and gums. Technological progress has enhanced dental services, enabling the use of cutting-edge equipment to provide outstanding dental care. Dentists must possess high-quality skills and expertise to effectively carry out their responsibilities. With extensive experience, they accurately diagnose dental issues and proficiently perform various dental procedures.

Dental hygienists are trained to provide oral hygiene care and instructions while preparing patients for dental procedures. In addition to the clinical responsibilities, dental hygienists and dentists are also responsible for managing insurance billing tasks. Any misinterpretation or errors in performance like responsibilities can lead to serious consequences for their careers.

Your license allows you to help dental patients maintain optimal oral health by promoting good dental hygiene habits. It also assists them in preventing issues such as tooth decay and gum disease. Dental practitioners are also responsible for helping the dentist remove stains, plaque, and tartar from patients' teeth.

Dental assistants work closely with dentists, playing an indispensable role in the practice. As a trained dental assistant, you see to it that the dentist has all the necessary tools and supplies to provide proper patient care. In your dentist's absence, you can attend to clients, but only for minor treatments.

It is crucial to ensure that dental patients are well prepared both physically and mentally for their treatment. You soothe anxious patients and offer helpful information to familiarize them with the upcoming procedures. As a dental assistant, another responsibility is to sterilize the dentist's tools used for treatment. Given this level of duty, you may encounter problems and complaints that could potentially jeopardize your license.

Experienced licensed attorneys understand the extent of your work and the critical importance of ensuring your continued practice. Sometimes, patients struggle to differentiate among these three professionals. Others may also have unrealistic expectations or quickly develop judgments about dental professionals based on their anticipated results. While errors can occur, your patients may exaggerate them, making them seem more serious than they are.

Regardless of the circumstances, you are entitled to another chance or the option to advocate for the retainment of your license. Otherwise, you risk losing the fruits of your labor that you have diligently worked to achieve over several years. You should work closely with an experienced licensing attorney when facing charges or allegations that could result in the revocation or suspension of your professional license. This will help you continue your practice while also making sure you have a stable income.

Potential Complaints And Accusations That Dental Professionals May Encounter

The most common complaints and accusations that can be lodged against dental assistants, dentists, and hygienists include:

  • Failing to provide necessary treatment to a patient

  • Fraudulently or illegally obtaining a professional license

  • Violating terms of a previous board citation

  • Withholding vital information from patients about their dental issues or referral services

  • Accepting kickbacks for patient referrals or prescribing specific drugs or dental appliances

  • Overprescribing medication or administering unnecessary treatments

  • Using deceptive advertising or marketing strategies to attract patients

  • Failing to refund patients or insurers for overcharges

  • Sexual misconduct or abuse towards colleagues or patients

  • Engaging in insurance fraud

  • Deliberately concealing false, inaccurate, or misleading documents for future use against patients

  • Suffering from mental or physical conditions that impair safe and competent practice

  • Incompetence, negligence, or gross neglect in performing duties

  • Prescribing medication or administering anesthesia without proper authorization

  • Mishandling controlled substances at work

  • Being convicted of a crime that affects professional responsibilities

  • Failing to properly supervise subordinates

  • 16. Allowing unqualified or unlicensed assistants to work under supervision

  • Substance abuse, especially during work hours

  • Performing procedures outside one's expertise or license scope

Guidelines for Disciplinary Actions by the Dental Board of California

Administrative judges use the board's disciplinary guidelines when conducting hearings to make a ruling in cases involving dental practitioners accused of misconduct. These rules guide judges in determining the outcome of matters presented to the board.

As the accused, you have the right to justify your actions and protect your license. While the board grants professional licenses to competent dental practitioners, its primary responsibility is to protect the interests of dental patients and the general public. This mandate ensures that the public receives safe dental care. However, most complaints against dental professionals are exaggerated, baseless, misleading, and unrelated to their professional duties.

The board diligently considers and takes seriously every complaint and report it receives, whether submitted in person or through its website. The board has a responsibility to protect the public. Patients or their families may accuse you of malpractice or negligence if they are dissatisfied with your services.

It is imperative to provide a quick response against such complaints or charges to effectively safeguard your license. You can retain your license and protect your reputation by engaging a knowledgeable license defense attorney and using a strong defense strategy. The board has established various disciplinary measures for licensed dental hygienists, dentists, and dental assistants found guilty of professional misconduct. They include:

Fines and Citations

The board issues citations and imposes fines for minor infractions by dental practitioners. Your citation will be publicly displayed on the board's website. This can hinder your efforts to attract new patients or secure employment. Therefore, you must contest any allegations that put your license in jeopardy.

A Public Reprimand

These function similarly to citations. However, they do not entail the payment of fines to the board. If the claims against you do not involve any actual injury to a dental patient, you will receive a public reprimand. A public scolding serves as a cautionary measure against repeating similar actions or omissions. Both your current and new patients will likely have access to it since the reprimand is made public. This allows them to make informed decisions about continuing their engagement with you in the future.

Temporary License Suspensions

The prospect of losing one's professional license, even temporarily, is a source of immense anxiety for any licensed professional. Given the board's strong commitment to public safety, it has the authority to temporarily revoke your license in cases of severe professional misconduct.

For instance, if the board deems that you endangered a patient’s life, it can temporarily suspend your license while conducting inquiries. This means you will be unable to engage in any work activities during that period. However, a skilled license attorney can potentially reverse this suspension, allowing you to continue serving patients while the investigation proceeds.

Revocation Or Suspension Of a License

This is the most severe consequence that can result from serious allegations or patient complaints to the board. The board has the authority to permanently revoke your license, prohibiting you from practicing as a dentist, dental assistant, or dental hygienist in the future.

Stay of Revocations and Probation

Upon your lawyer’s request, the board may place you on probation instead of revoking your license. This approach could be ideal if your attorney cannot reverse the license revocation. This option allows you to continue serving your patients while adhering to strict professional measures. Your legal representative can advocate to have your probation term reduced. Unfortunately, if you face serious negligence or malpractice allegations, even a seasoned defense attorney might struggle to convince the board to reduce your term.

Probation involves close supervision while you continue working. However, the board will impose probationary terms that you must comply with throughout that period. For instance, it may require you to undergo drug rehabilitation or treatment if you have an alcohol or drug dependency. You must follow these restrictions, as the board has the authority to revoke the probation and suspend or cancel your license.

Probation can be challenging, particularly due to the constraints imposed by its terms and conditions. However, a licensed attorney can negotiate better terms to ease the burden. He or she can also negotiate for a reduced probation period. This allows you to resume your career soon.

Terms and Conditions of Probation

The Board's primary responsibility is to ensure consumer safety. It can impose probation to guarantee that specified conditions safeguard patients and establish procedures for monitoring your rehabilitation progress.

Typically, the Board recommends a three-year probation period unless circumstances warrant a shorter or longer duration. The probationary terms and conditions include:

  • Complying with all regulations

  • Providing information about your residence, licensure status outside the State, or practice

  • Presenting quarterly reports

  • Covering expenses related to probation supervision and surveillance

  • Participating in meetings and interviews

  • Passing a specified examination

  • Surrendering your professional license if required

  • Performing community service work

  • Giving compensation as necessary

Termination Of Probation Or Extension Of Your Probationary Period

If you violate your probation terms, the Board will arrange a hearing where it can nullify the stay order and revoke or suspend your license. This can happen if, during your probationary period:

  • A request to revoke the probation or allegation against you has been submitted

  • The office of the Attorney General has been instructed to draft a petition to cancel your probation or file a complaint against your professional license.

The document will remain valid until the Board acts on it. The Board will reinstate your license if you have successfully fulfilled your probation terms.

Elements Evaluated by the Licensing Board

The board will look at certain elements when deciding on the appropriate disciplinary measures for professional misconduct. These elements include:

  • The case details

  • Potential injuries you might have caused

  • The severity of the violation

  • Previous disciplinary measures against your license

  • The harm suffered by the victim

  • Mitigating or aggravating circumstances in your case

  • The existence of a professional-related criminal record and time elapsed since the last conviction

  • Whether this is a single allegation or you are facing multiple allegations

  • If you are planning to continue with your education

  • Treatment history for substance abuse, addiction, or psychological conditions

While the board considers the most appropriate disciplinary measure against you, your lawyer can persuade them to be more lenient. For instance, given mitigating factors such as a strong record of high-quality practice, the board may be inclined to negotiate for favorable outcomes, particularly if it relates to the first complaint lodged against you.

Find a Skilled Professional License Defense Attorney Near Me

A professional license is important for dentists, dental hygienists, and dental assistants. It demonstrates your competency and capability to offer dental services. Without it, you are unable to work, risking the loss of your livelihood. The Dental Board of California can suspend or revoke your license based on complaints from dissatisfied patients, employers, and coworkers. However, the board allows you to defend your license and protect yourself against such complaints.

At the San Francisco License Attorney, we offer our expertise in collecting evidence and constructing a robust defense strategy to counter the allegations against you. We recognize the immense effort you've invested in acquiring your license and the potential consequences of losing it. Contact us at 415-919-6594 to schedule a consultation where we'll assess your situation and explore available options.