If you're pursuing a career as a dental hygienist, you are already aware of the mix of classroom and clinical learning that's involved in earning your degree. In addition to rigorous courses covering topics such as radiology, pharmacology, and oral health, you will also have “real-world” experience putting your learning to work in a clinical setting. Whether the clinical portion of your learning takes place in an on-campus oral health clinic or a privately-operated setting, it's important to understand that a misconduct allegation can quickly derail your future plans.
The Lento Law Firm Student Defense Team has compiled this summary of some of the potential ways that a disciplinary issue could develop in a dental hygiene clinical practice program setting. If someone has filed a misconduct allegation against you, it's important to make sure you understand what that means and how it could affect your career goals. If, after reading this, you have questions about your own situation, contact the Lento Law Firm Student Defense Team to learn more about how they can help.
The Dental Hygienist Clinical Practice Requirement
Every dental hygienist program includes one or more periods of intense clinical practice as part of its curriculum. Because the profession is licensed in every state, much of your learning will be directed toward making sure you satisfy the state requirements so that you can receive a license to practice as a dental hygienist once you finish your training. States typically require you to pass a test, such as the National Board Dental Hygiene Examination, and may also require you to pass a test of your practice skills, such as one of the tests offered by the Commission on Dental Competency Assessments.
To prepare you for licensing and as part of your general education, you'll be required to participate in clinical programs where you will treat patients under the supervision of qualified and licensed dental hygienists and other oral health professionals. These workplace settings will expose you to a real-world environment that is not only vital for your education, but that also has the same real-world consequences as a “real” job.
What Kinds of Discipline Can Dental Hygiene Students Encounter?
Because your clinical experience is connected with your school, even if it takes place in a privately-operated setting, there are multiple layers of potential discipline you could encounter.
- School Discipline. Because most clinical training programs – whether they are at the college or university level, the junior college level, or at a dedicated school focusing on dental hygiene – are part of a dedicated school curriculum, when you are working as a dental hygiene clinical trainee, you are also a student. That means that, depending on the school, you may be subject to that school's code of conduct, even if you are working in an off-campus setting. Most schools have a comprehensive code of conduct that covers both expected and prohibited student behavior and describes how misconduct allegations are investigated and resolved. The problem with these is that they aren't always administered by the school in a way that is fair to the student – not because the schools don't want to be fair, but in most cases, because they don't have the resources to handle investigations or hearings properly. This is where having the Lento Law Firm Student Defense Team on your side can be a significant help. They can make sure that allegations are properly and fully investigated, that evidence in your favor is put before the school, that evidence against you is challenged properly, and that your rights are respected throughout the entire process.
- Employer discipline. Your clinic may or may not treat you as an employee for purposes of your clinical experience, but it's very likely that the clinic will expect you to follow its rules and procedures that apply to all employees. If you are accused of any kind of misconduct, your clinical experience may come to a sudden end, meaning that you would fail that portion of your educational requirements. This could delay or derail your plans for a career in dental hygiene, depending on how difficult it is for you to earn the experience you need to receive your license.
- State Licensing Discipline. Some states allow graduates of dental hygiene programs who have not yet passed the necessary tests for a full license to operate with a partial license or limited permit. Typically you must work under the supervision of a licensed professional such as a dentist, and can only do so for a one- or two-year period. Any time you receive a license or permit from a state to practice a profession, you are subject to that state's rules, requirements, and disciplinary practices for that profession.
- Professional Organization Discipline. The American Dental Hygienists' Association (ADHA) is a national organization that provides a wide range of benefits for its members, ranging from study guides for licensing exams to continuing education programs for licensed professionals. Students and graduates can both join the ADHA, and by doing so, are subject to the ADHA Code of Ethics. The ADHA can discipline one of its members for a wide range of misconduct and has the right to censure, suspend, expel, or place a member on probation as a result of finding that misconduct occurred.
What Kinds of Misconduct Can Result in Discipline?
Many types of misconduct can result in a disciplinary charge that can bring your career plans to a sudden halt. These include the following:
- Unprofessional conduct. This can include a wide range of actions, such as abusing a patient, failing to keep necessary treatment records, not following required practices and protocols, and ignoring the directions of supervising dental professionals.
- Sexual misconduct. Workplace sexual harassment, sexual contact with patients, and violations of workplace policies regarding relationships between employees can all result in a misconduct allegation.
- Fraud. Claiming that you performed a procedure that you did not, miscoding work on an insurance form to increase the amount of the reimbursement, or even “padding” your hours can result in a misconduct charge.
- Substance abuse. When performing dental procedures on patients, it's vitally important that you be at your best. If you are suspected of being under the influence of alcohol, marijuana, or a legal or illegal drug that can affect your ability to perform your job, you can face a disciplinary claim based on substance abuse.
How Are Misconduct Allegations Resolved?
While the exact procedure depends on what kind of organization is administering the discipline, misconduct allegations are often resolved using a process that goes as follows:
- Initial investigation of the claim. This is a fairly quick process where the organization reviews the misconduct claim to make sure that it is the type of claim that the organization has the power to address. For example, a claim that a patient had to wait too long in a waiting room before they saw you would normally not be one that would go any further, assuming, of course, that the patient was not in need of immediate attention.
- Detailed investigation of the claim. If there appears to be some substance to the misconduct allegation, the organization may then decide to investigate it further. This can include interviewing you, your co-workers, and the person who filed the claim. Clinic records, including your work email, may be copied and reviewed by the investigator. Sometimes the investigator will visit the workplace if doing so is relevant to the misconduct allegation.
- An offer to resolve the matter. Sometimes there will be an offer – like a settlement offer – where the organization will suggest that you agree to a certain statement of facts that relate to the misconduct allegation and that you receive a particular consequence as a result (such as a censure, or suspension, or an agreement to attend additional training). Whether or not to accept this offer is something that can be difficult to decide. The professionals on the Lento Law Firm Student Defense Team have years of experience with these kinds of situations and can help you evaluate whether it makes sense to accept this kind of offer or whether it is better to move to the next stage.
- Hearing. If the offer to settle is not made (or accepted, if it has been made), and the misconduct allegations appear to have merit based on the organization's investigation, the matter will typically be heard before some sort of administrator or administrative panel. These hearings typically appear very much like court proceedings, except they usually have a more relaxed set of requirements for witness statements and evidence that can work against you if you are not represented by an experienced attorney who can highlight the problems that unreliable evidence can create. If you reach the hearing stage, you need the help of an experienced attorney-advisor who can help you protect your rights.
- Ruling (and appeal). After the hearing, the administrator will issue a ruling. If the ruling is against you, there will typically be a consequence – a penalty of some kind. Depending on the outcome and the procedure, you may have an opportunity to appeal the decision if it goes against you.
The Lento Law Firm Student Defense Team Can Help
Misconduct allegations at any stage of your career can be stressful and frightening. As a student, with the vast majority of your dental hygiene career ahead of you, the stress is amplified significantly. That is why you need the help of experienced professionals who understand how these processes work. The Lento Law Firm Student Defense Team has been helping students all over the US face difficult and serious misconduct charges for years. They know how to review the claims, how to investigate them to learn the full story, and how to negotiate the situation to try to resolve it as quickly as possible. If there is a hearing, the Lento Law Firm Student Defense Team will be there by your side, fighting for your rights and defending you from the charges.
If you are a dental hygiene student facing serious misconduct allegations, call the Lento Law Firm Student Defense Team today at 888.535.3686, or use our online form to set up a confidential consultation. We understand how stressful this is for you, and we are here to listen and help!
