By Laura Diamond, Attorney
Do you regularly check the status of your dental hygienist’s license? Specifically, do you know when it expires? The validity of a hygienist's license is important because the dentist for whom the hygienist works can be accused of dishonorable conduct if the hygienist practices on an expired or cancelled license, even unintentionally.
Hygienists must renew their licenses every two years. When a hygiene license is not timely renewed, it expires. An expired license may be renewed if the renewal occurs within one year of its expiration date. A license that has been expired for more than one year may no longer be renewed and is cancelled. At that point, a hygienist may file an application to reinstate the cancelled license. During any period of time the hygienist’s license is expired or cancelled (even if a reinstatement application is pending), the hygienist may not work because s/he cannot practice without a license. Doing so is a violation of the Dental Practice Act (DPA) and Board Rules (Rules).
Pursuant to the DPA and Rules, a dentist commits dishonorable conduct by employing or permitting a hygienist to practice while the hygienist’s license is expired or cancelled. This is true even if the dentist does not know the license is expired or cancelled. It also does not matter whether the hygienist is a full time or part time employee or working a temporary assignment.
So, in circumstances where a hygienist overlooks their license renewal and continues to practice, any dentist for whom that hygienist worked with an expired or cancelled license (past or present) can be investigated by the Board for dishonorable conduct. Dentists under investigation by the Board must respond and cooperate, which costs time, money, and stress. The Board’s investigation can result in action against the dentist’s license, including discipline. Any dentist under investigation by the Board should immediately engage an attorney with experience before the Texas State Board of Dental Examiners.
Recent Board dialogue seems to confirm its position that dentists are responsible for verifying that their hygienist’s license is active, or risk being investigated and possibly sanctioned for dishonorable conduct.
Laura Diamond is an administrative and healthcare attorney based in Austin, Texas with a statewide practice representing dentists before the Texas State Board of Dental Examiners. Ms. Diamond can be reached at ldiamond@dsedlaw.com or (512) 472-4845. © Laura Diamond 2024. This article is not legal advice.