Dental assistants, hygienists, and dentists are vital to many people's oral health. People benefit directly from their expertise in cleanliness techniques, restoration operations, and preventive care. However, even dedicated professionals could encounter unforeseen difficulties that put their jobs at risk. Whether accurate or false, a single accusation of misbehavior can start a license investigation that has serious repercussions.

In the current climate, where allegations can spread quickly, safeguarding a dental license is in your best interest. Seeking legal counsel from a skilled professional license defense lawyer is the best course of action. Lawyers at Kern County License Attorney provide crucial advice throughout the legal procedure and have specific knowledge of California's dentistry board requirements. By navigating the complexities of each case, we help ensure a fair outcome and safeguard your ability to continue providing exceptional dental care.

Essential Roles of Dental Professionals in Maintaining Oral Health

Maintaining optimal oral health requires a collaborative effort from a dedicated team of professionals. Dentists, dental assistants, and dental hygienists have different skill sets that support an all-encompassing approach to restorative, preventive, and cosmetic dentistry.

As the primary dental care providers, dentists serve as both diagnosticians and practitioners. General dentists oversee complete treatment regimens and perform regular cleanings, fillings, and examinations. They are qualified to handle various dental problems and work with other professionals, like periodontists or endodontists, on more involved procedures.

Dentists play a crucial role in restorative dentistry when teeth must be replaced or repaired. They can perform procedures, including denture fittings or implant placements for missing teeth and fillings, crowns, and bridges for damaged teeth. Working with dental professionals like endodontists and periodontists, they guarantee a thorough restoration of oral health.

Dental hygienists practice preventive dentistry. They aim to prevent dental issues by eliminating plaque and tartar accumulation through cleanings. In addition to advising patients on good eating, brushing, and flossing techniques, they could apply fluoride treatments to strengthen teeth.

Dental assistants are essential to operating the dental practice adequately since they support hygienists and dentists. In addition to putting the patient's comfort first and calming any fears, they help throughout procedures by setting up tools and supplies. In addition to working in a clinical environment, dental assistants oversee administrative duties, including making appointments, keeping track of patients, and handling insurance claims. They also contribute significantly to a safe and effective workplace by organizing and sanitizing dental equipment.

California dental professionals follow the Dental Practice Act and the Code of Ethics to ensure ethical practice.

Professional associations establish Codes of Ethics that outline expected behaviors and ethical principles specific to each profession. The California Dental Association (CDA) offers a code of conduct for dentists, and the California Dental Hygienists' Association (CDHA) provides guidelines for hygienists.

Conversely, dental assistants are not subject to a single, widely accepted code. However, the American Dental Assistants Association (ADAA) offers some direction through its Principles of Ethics and Code of Professional Conduct.

The Dental Practice Act (DPA), Business and Professions Code 1600, is the legal basis for dentistry in California. It outlines all dental professionals' educational requirements, licensing standards, and legal responsibilities. If you violate any of the terms of this act, you could face disciplinary action from the Dental Board of California, which is responsible for enforcing it.

What Violations Could Result in Board Actions?

The allegations could stem from several grounds for which the board could decide to act. These include the following:

  1. Unprofessional Conduct

Several things may give rise to claims of unethical behavior. Lack of respect, incomprehensible explanations of available treatments, and contempt for patients' worries can seriously damage trust. Poor recordkeeping can also cause issues since incomplete or erroneous patient records make it more difficult to maintain continuity of care and make well-informed treatment decisions. Even more serious are confidentiality breaches, which can happen accidentally through insecure communication channels or careless data security procedures in the dentist's office. These breaches involve revealing a patient's private medical information without consent.

Impropriety with money is another possible issue. False insurance claims, overcharging, billing for needless procedures, and other fraudulent billing practices are all blatant violations of the DPA.

Furthermore, it is not only unethical but also illegal to establish improper boundaries with patients, for example, by having romantic relationships, harassing them sexually, or saying discriminatory things.

  1. Acting Negligently or Being Incompetent

One crucial area of focus is a dental practitioner’s behavior that falls short of the expected standard of care. This includes both negligence and incompetence. The Dental Practice Act defines this standard, and any deviation from it could warrant further investigation.

Negligence occurs when a dental practitioner provides care that falls short of what other qualified professionals consider acceptable. This includes performing procedures beyond your expertise, failing to diagnose or treat dental problems properly, or harming a patient due to carelessness or lack of knowledge.

Conversely, incompetence signifies a general lack of knowledge, skill, or judgment for competent dental practice.

Both negligence and incompetence can have severe consequences. A dentist performing a complex surgery without proper training risks causing serious complications. Similarly, failing to diagnose a serious dental issue due to inadequate examination or ignoring patient symptoms can lead to delayed treatment and worsen the condition. Using outdated or improper techniques during a procedure can also result in unnecessary pain or damage. All these are grounds for disciplinary action from the board.

  1. Failing to Comply With Licensing Requirements

Not having a proper dental license is a serious violation with harsh penalties. The Dental Practice Act requires all dentists to maintain a valid license to protect patient safety. The California Dental Board looks into any claims of unlicensed practice as soon as they become plausible.

The board has the authority to impose heavy fines and issue cease-and-desist orders, which mandate you to stop practicing immediately. This approach seeks to discourage people from handling patients without the necessary authorization. Unlicensed practice may also result in criminal charges in severe circumstances.

The board gathers information from multiple sources to detect possible instances of unlicensed activity. Patients who believe a dentist is not properly licensed could directly register a complaint with the board. Law enforcement organizations are also essential since they report possible crimes. Information from worried parties, insurance providers, or other medical experts could also trigger investigations.

  1. Failing to Uphold Health and Safety Standards in Your Practice

Patient safety is a top focus for the dental board. It mandates that dental practitioners closely follow health and safety guidelines. Violations of these standards prompt immediate investigations by the board. Typical violations include the following:

  • Sterilization Issues — Improper sanitation of dental instruments presents a significant risk of infection transmission between patients.

  • Unsanitary conditions — Patients and employees are at risk for health problems in an unclean or badly managed dental practice.

  • Misuse of controlled substances — It is obvious that prescribing, distributing, or giving controlled substances, like prescribed painkillers, constitutes a clear violation.

  • Maintenance of equipment — Improper maintenance of dental equipment can cause malfunctions and even injury to patients.

The Board opens investigations in response to information from multiple sources, including reports from medical professionals, patient complaints, and inspections conducted by board investigators. When the board receives credible complaints, it looks into the matter thoroughly. This investigation could include staff interviews, sterilization log reviews, and office inspections.

In response, the board could limit your conduct of certain operations and other disciplinary actions until safety issues are fixed.

Disciplinary Actions the Dental Board of California Imposes

Most accusations the California Dental Board receives concern the fundamental ethical principle discussed above. The board begins a comprehensive investigation after receiving a complaint against a dentist. This investigation will entail:

  • Reviewing patient records

  • Speaking with the dentist and the complainant, and

  • Consulting dental specialists

The board's response to misconduct varies depending on the offense's seriousness. You could face any of the following disciplinary actions from the board:

  • Reprimand — This is the least serious penalty. It is a formal written warning from the board. Although it becomes public knowledge and could damage a dentist's reputation, it permits them to continue their business.

  • Probation — Serious offenses could result in probation, which allows the dentist to continue with their practice under particular guidelines meant to make up for the transgression and prevent it from happening again. Mandatory continuous education or practice monitoring to guarantee the observance of ethical norms could be among these requirements. There can also be limitations on the operations they can carry out in specific circumstances.

  • License suspension — The board could suspend a dentist's license when the dentist seriously endangers patient safety or trust. This interim measure prevents the dentist from treating patients for a predetermined time, allowing for inquiry, correction, and patient safety.

  • License revocation — The board reserves the right to revoke a license as the worst possible outcome. This permanent injunction is against the dentist's ability to practice in California. It is usually applied for severe infractions like persistently violating patient privacy, giving needless medical care in exchange for money, or endangering a patient.

The Business and Professions Code Section 143.5 guarantees patient safety and openness in the dental field. This statute forbids dentists from forcing patients to withdraw complaints they have filed with the Dental Board to settle disagreements.

This statute upholds patients' rights. It allows people to express their grievances and submit complaints to the board without worrying about the dentist taking revenge. Further, under Section 143.5, settlement agreements cannot contain provisions prohibiting patients from filing complaints with the board. This creates an equitable and open procedure for handling patient complaints.

The dental board can still investigate the complaint in depth, even in cases where a dentist and patient come to a settlement. This pledge guarantees a thorough investigation into possible wrongdoing and shields the public from dentists who might not adhere to professional standards or possess the necessary credentials.

Patient Complaints Pursued Through Alternative Avenues

Knowing the different avenues that patients could take to voice concerns is essential for dentists. Even though a complaint filed with the California Dental Board or other boards has a lot of weight, a patient might not necessarily turn to it first. Effective management of these circumstances requires distinguishing between insurance disputes and problems with the quality of care.

Some complaints from patients just address problems with billing or insurance coverage, such as:

  • Billing for services not provided

  • Insurance denials for procedures deemed unnecessary

  • Disputes over treatment costs or insurance coverage amounts

In these situations, patients usually file a grievance through their insurance company. This entails submitting supporting documentation along with a formal complaint. If the insurance provider finds merit in the complaint, they could refuse to pay for the contested services, or if payment has already been made, they could ask you for a reimbursement.

Keeping lines of communication open and honest with your patients regarding billing and insurance might help to lower these issues effectively. One of the most important ways to reduce misunderstandings is to provide clear descriptions of suggested procedures and, when needed, acquire pre-authorization from insurance providers.

Although filing a board complaint is serious, disgruntled patients could file a civil case to secure monetary damages for alleged misconduct or negligence.

If patients feel that your negligence caused them injury, they could choose to file a lawsuit. This might entail:

  • Botched procedures

  • Improper treatment plans

  • Missed diagnoses

  • Use of faulty equipment

Find a Professional License Defense Attorney Near Me

Dentists, dental assistants, and dental hygienists are essential to oral healthcare. They ensure patients' smiles are well-maintained through attentive care, from routine cleanings to sophisticated operations. However, even highly regarded experts could encounter board actions or legal action from allegations, which can be highly stressful and potentially dangerous for their careers.

If you are a dedicated dental professional in a similar situation, remember that you are not alone. Consult an experienced professional license defense lawyer for advice. Their knowledge is priceless when it comes to protecting your license and reputation.

For trustworthy legal counsel, call 805-702-8560 to speak with a qualified license defense lawyer at Kern County License Attorney. Our unwavering commitment can greatly influence your capacity to treat patients honorably and with confidence.