Dental hygienists and dentists play a crucial role in ensuring patient dental well-being. To practice in these professions, you must have a valid license from the Dental Board of California. The DBC issues licenses to individuals who have completed the relevant training and passed the licensing examination. In addition to issuing the licenses, the DBC sets strict standards. All licensed professionals must follow these regulations to ensure safe care for all patients.
Violating the rules and regulations will cause the board to conduct an investigation against you and take some form of disciplinary action against you. The violations can take many forms, including unprofessional conduct, unlicensed practice, and patient abuse. The board can warn you, suspend your license, or revoke it. Losing your hard-earned license can be devastating for your career and livelihood. Therefore, if the DBC is investigating you, you will benefit from the expert legal insight we offer at San Jose License Attorney. We serve clients battling license defense cases in San Jose, CA.
Important Roles of Dentists, Dental Hygienists, and Dental Assistants in California
The dental staff collaborates to safeguard patients’ oral health. Each member of the dental staff has a specific role. Some roles include:
- Examination and treatment of patients. Dentists examine their patients and diagnose oral health conditions. Information gained from the examinations enables them to treat cavities and other dental diseases.
- Performing dental procedures. Dentists perform procedures such as fillings and tooth extractions. These procedures help to restore and maintain oral health.
- Oral disease prevention. The main task of dental hygienists is to engage in preventive measures. It includes tooth cleaning and the removal of plaque and tartar.
- Supporting dentists. Dental assistants assist dentists in their work. They prepare instruments and treatment rooms.
- Patient Education Regarding Oral Health. The dentists educate patients regarding proper brushing and flossing. Moreover, the dentist gives tips regarding the diet that patients should follow for optimal health.
- Recording and management of dental records. Dental assistants take radiographs and maintain dental records. Maintaining accurate records allows dentists to assess the patient’s health status.
- Promoting general health. The mouth’s health directly impacts overall health. Dental care professionals look for any infections or medical conditions, such as diabetes.
The Dental Board of California
The DBC is a regulatory body that oversees the practice of dentists, dental assistants, and hygienists in California. The board’s goal is to ensure that all professionals practice safely. The roles of the board include:
Licensing Dental Professionals
The DBC issues licenses to dental professionals who meet the required qualifications. These include completing the training programs and passing a licensing examination. Through the licensing process, the board ensures that only qualified individuals can offer their services in California.
Handling Complaints
The DBC investigates complaints against dentists, dental assistants, and dental hygienists practicing in California. Such complaints may be lodged by patients, families, and members of the general public regarding incompetence, neglect, or poor service. The complaint-handling process involves the board obtaining additional evidence to strengthen the case.
Disciplining License Holders
After investigating complaints and holding hearings, the board imposes disciplinary actions on professionals found in violation. Different forms of license discipline help the professional take accountability for their violations. Additionally, it deters future misconduct.
Enforcing Dental Laws and Regulations
The DBC sets and enforces regulations that all professionals would follow in their practice. These regulations ensure that patients receive safe and effective dental care.
Violations Committed by Dentists and Dental Assistants
Dentists and dental assistants should adhere strictly to the codes of conduct and ethics for professionals. Any violations of the rules will attract disciplinary action from the board. Some of the acts likely to attract investigations include:
Gross Negligence
In California, gross negligence happens when a dental professional provides care that falls below the accepted standard of practice. Such conduct creates a serious risk of harm to patients. Common forms of gross negligence:
- Performing procedures without proper training
- Failing to monitor a patient during treatment
- Making serious treatment errors
- Ignoring obvious signs of complications
A single act of negligence may be enough to trigger disciplinary action. If your negligent acts result in injuries to a patient, you can face severe disciplinary actions.
Incompetence
Dental practitioners should be competent to carry out their roles effectively. Any repeated errors can be classified as incompetence. The following actions fall under incompetence:
- Diagnosis errors
- Improper treatment procedures
- Lack of identification of emergencies
- Poor judgment skills
The licensing board can penalize you by requiring additional training.
Fraud or Misrepresentation
Integrity is an essential part of dentistry. Any falsification may carry severe penalties. Some examples of fraud and dishonesty are:
- Charging for treatments not rendered
- Tampering with patient records
- Sending in false claims to insurance companies
- Deliberately making false statements to licensing bodies
Such fraud can be punished through disciplinary action and, under the Business and Professions Code, by law.
Unlicensed Practice
California law limits certain dental duties to properly licensed or authorized individuals. Allowing unauthorized individuals to perform dental work is a serious violation. A professional may get accused of practicing without a license as follows:
- Delegation of restricted activities
- Practicing without a valid license
- Using your license by somebody else
- Practicing with a suspended or canceled license
- Engaging in practices outside one’s field of competency
All these violations will put the patient’s safety at risk and lead to license sanctions.
Improper Record Keeping
Accurate records are a critical part of patient care. Failure to document correctly can create risks for patients and providers. Acts that may constitute poor record-keeping include the following:
- Missing treatment notes
- Failing to document informed consent
- Altering records after treatment
Proper records help ensure continuity of care. Improper recordkeeping can impact your license.
Controlled Substances Violations
Dentists who prescribe medications must adhere to state and federal laws. Failure to handle controlled substances properly will make you liable to severe disciplinary measures. Disciplinary measures for violations include:
- Prescribing a drug without a legal justification is a violation.
- Excessive prescription
- Failure to keep records
- Diverting medicines for personal gain
Sexual or Boundary Misconduct
The dentist should have a professional relationship with their patient at all times. The dentist who violates professional boundaries could face harsh penalties. They include:
- Inappropriate physical contact
- Making sexual remarks to the patient
- Abusing power by exploiting a relationship
- Committing any form of sexual misconduct
Based on the misconduct, you might face disciplinary action from the board and criminal charges.
Disciplinary Process by the Dental Board of California
Your disciplinary case may undergo these steps:
Complaint and Review
The disciplinary process by the DBC will start when a person submits a complaint against you. The complaint can allege that you were practicing without a license or that you abused your patients, among other violations. After receiving the complaint, the board reviews it to determine whether it falls within its jurisdiction.
Investigation
Complaints within the DBC’s authority are investigated. During this stage, an investigator gathers evidence by interviewing witnesses and reviewing your disciplinary record.
Stipulated Agreement
In some cases, the DBC can propose that you solve your case without going for a hearing. By entering a stipulated agreement, you can take responsibility for the violations. The board will move your case to disciplinary action without a hearing. When you enter this agreement, you can negotiate with the board for a more lenient disciplinary action.
Administrative Hearing
If you fail to agree to the stipulated agreement, the DBC can schedule a hearing. In the hearing process, you can protect yourself from having your license revoked by producing favorable evidence to support your case. In addition, you are allowed to ask questions about the witness provided by the board. This hearing is presided over by an administrative law judge. The ALJ makes a recommendation after analyzing all the evidence presented during the hearing.
Disciplinary Action
The board can impose the following disciplinary actions if it finds you in violation:
- Reprimand. For a minor violation, the board can issue a warning against you. A reprimand will not deter your practice. But it remains part of your disciplinary record.
- License probation. Sometimes, the DBC can put your license on probation. While on probation, you may continue to practice as a dentist or dental hygienist. However, the board will impose strict conditions that you must follow.
- License revocation. The DBC can revoke your license if you commit a serious violation that causes harm to a patient. A license revocation is a serious action that could mean the end of your career.
Reinstating a Suspended Dentist and Dental Assistant License
A suspension of your professional license does not mean the end of your dental career. In many cases, you can be reinstated by meeting specific conditions. The procedure could include:
Review the Suspension Order
The first step in reinstating your suspended license is to review the suspension order carefully. The order explains the suspension. It also outlines the requirements you need to meet for reinstatement. These may include:
- Continuing education
- Completing treatment programs
- Honoring all probation terms
When you understand the order correctly, you can avoid delays that could result in the denial of your petition. Also, it helps you prepare a complete reinstatement request.
Complete All Required Conditions
You must ensure that you have met all the requirements before filing the reinstatement. If you are unsure whether to proceed, you can consult with your license defense lawyer.
Submit a Petition for Reinstatement
Even after fulfilling the suspension period requirements, your license is not automatically reinstated. You must file a petition before the board requesting that the suspension be reviewed. You may also include any supporting documentation with the petition. It is very important to ensure that the information submitted is accurate and complete, as incomplete information may affect the petition process.
Demonstrate Rehabilitation
You must provide proof of rehabilitation as far as the behavior before a license reinstatement. The board should find that there is no likelihood that you will repeat the same behavior. The following are pieces of evidence you can present:
- Completed training
- Counseling records
- Professional evaluations
Also, you can submit letters of recommendation from employers and coworkers. The goal of presenting these pieces of evidence is to show that you have made considerable personal and professional improvement.
Attend a Reinstatement Hearing
In many cases, a hearing is required. The applicant may need to appear before the board or an administrative law judge. Board representatives may ask you questions about the violation. Also, you may need to explain your rehabilitation efforts. The hearing allows you to explain why reinstatement is appropriate. Preparation is important because the decision can depend on the evidence presented.
Obtain Board Approval
Your professional license will only be reinstated if the board approves your petition. Sometimes approval comes with strict conditions. The board may place your license on probation or require you to continue reporting. Following all requirements helps the licensee return to practice and maintain professional standing. If you violate these conditions, the board can impose more severe disciplinary action.
Find a Seasoned License Defense Attorney Near Me
To practice as a dentist, dental hygienist, or assistant in California, you must have a valid license issued by the Dental Board of California. During your practice, you should follow all regulations set by the DBC. Failure to do this can trigger an investigation and potential disciplinary action. After receiving a complaint regarding your conduct, the board investigates you and schedules a hearing. You defend your license at this hearing by presenting evidence. If the DBC finds you in violation, you can face severe disciplinary action.
Obtaining a license to become a dental professional may take years of hard work, dedication, and financial investment. Unfortunately, all your efforts can be lost if you lose your license due to disciplinary action by the board. For this reason, if you or a loved one faces the disciplinary process by the DBC, our guidance at San Jose License Attorney is available. Contact us at 669-330-4517 from San Jose, CA, to discuss the details of your case.
