Defending Your Dental Career From DOH Complaint becomes critical the moment you receive a notice from the Florida Department of Health. For any dental professional, this high-stress situation can feel like years of dedication to patient care are suddenly at risk, as your right to practice is questioned under the complexities of Florida statutes.
In the State of Florida, the practice of dentistry and dental hygiene is governed by rigorous standards designed to ensure public safety. These regulations, primarily found in Florida Statutes Chapters 456 and 466, as well as Chapter 20, dictate the licensing and ethical requirements for all dental professionals.
When the Florida Department of Health (DOH) issues an Administrative Complaint alleging the unlicensed practice of dentistry or dental hygiene, your professional reputation, livelihood, and future in the industry are immediately at risk. At Elevate Legal Services, PLLC, we understand the stress and uncertainty that follow these allegations, and we provide the authoritative defense needed to navigate the administrative legal system.
Call Elevate Legal Services, PLLC today on 561-770-3335 for a confidential consultation, or contact us to speak with an attorney about your matter
In this guide, we will break down the specific challenges of unlicensed practice allegations, the implications of Florida Statute Chapters 456 and 466, and the exact steps you should take to safeguard your professional future.
The Reality of Unlicensed Practice Allegations in Florida
In the State of Florida, the line between legal practice and “unlicensed activity” is often thinner than professionals realize. Whether you are a seasoned dentist or a dedicated dental hygienist, the regulatory environment is unforgiving.
The DOH monitors these activities strictly under Florida Statutes Chapters 456 and 466. A violation isn’t always a case of intentional deception; often, it stems from administrative oversights or a simple misunderstanding of “scope of practice.”
Common Triggers for Administrative Complaints
Many professionals are surprised to find themselves the subject of an investigation. Here is why it happens:
- Lapsed Licenses: Performing a routine procedure while a license is technically expired or in “delinquent” status.
- Scope of Practice Violations: A dental hygienist performing duties that require “direct supervision” while a dentist is not physically on-site.
- Out-of-State Transitions: Practicing in Florida while a reciprocal license application is still pending or incomplete.
- Administrative Errors: Failing to update the Board of Dentistry on a change of practice address or failing to complete the required Continuing Education (CE) credits.
Understanding the Legal Framework: Chapters 456 and 466
To mount a successful defense, you must understand the rules the DOH is using against you.
Florida Statute Chapter 456
This is the “umbrella” statute that governs all health professions under the DOH. It outlines the general provisions for discipline, the investigative process, and the rights of the professional during a hearing.
Florida Statute Chapter 466
Known as the Dental Practice Act, this specifically defines what constitutes the practice of dentistry and dental hygiene in Florida. It sets the boundaries for what a hygienist can do versus what a dentist must oversee.
If you are accused of violating Chapter 466, the state is essentially saying you have stepped outside the legal boundaries of your profession. This is a serious accusation that requires a technical, statute-based defense.
The Administrative Complaint Process: What to Expect
The legal process moves through several distinct phases. Knowing what comes next can help alleviate the “fear of the unknown.”
- The Investigation: It usually begins with a letter or a visit from a DOH investigator. Crucial Tip: You are not required to give a statement on the spot. In fact, doing so without legal counsel is a common mistake.
- Probable Cause Determination: After the investigation, a panel reviews the file. If they find “Probable Cause,” an Administrative Complaint is officially filed.
- The Administrative Complaint: This is the formal document detailing the charges. Once served, you typically have only 21 days to respond and file an “Election of Rights.”
- Settlement or Hearing: You may negotiate a settlement (Consent Agreement) or take the case to a formal hearing before an Administrative Law Judge (ALJ).
The Risks of Proceeding Without Representation
Many dental professionals believe that if they explain the “misunderstanding” to the DOH, the problem will go away. Unfortunately, the DOH is not looking for excuses; they are looking for statutory compliance.
Here’s what that means legally: The DOH has an entire team of investigators and attorneys working to build a case against you. Without experienced representation, you risk:
- Permanent Public Record: Even a minor fine stays on your record, visible to every future employer, insurance provider, and patient.
- License Revocation: The “death penalty” for your career, preventing you from practicing in Florida and potentially other states.
- Exorbitant Fines: The state can levy thousands of dollars in fines plus the costs of the investigation itself.
Defending Your Dental Career From A DOH Complaint
At Elevate Legal Services, PLLC, our approach is authoritative yet empathetic. We know that behind every case file is a person whose career is on the line. Our lead attorneys, Jay M. Arnesen and Paris R. Webb, bring decades of litigation experience to your corner.
A Solution-Oriented Defense
We do not just “manage” your case; we proactively look for ways to get the charges dismissed or reduced. We specialize in DOH Administrative Complaints, analyzing the evidence for procedural errors.
Clear and Approachable Guidance
Legal jargon can be confusing during a crisis. We make it a priority to explain your options in plain English, ensuring you feel empowered to make the best decisions for your future.
Credibility in the Courtroom
Our attorneys are well-versed in Florida’s Dental Regulations. When we speak to the DOH or the Board of Dentistry, they know they are dealing with a firm that understands the law as well as they do.
Secure Your Professional Future Today
Your license is the result of years of education and dedication. When that license is threatened, you deserve a defense that is as dedicated as you are.
At Elevate Legal Services, PLLC, we listen, advise, and aggressively protect the career you’ve worked hard to build. Defending your dental career from a DOH Complaint starts with solution-oriented representation.
Don’t let a misunderstanding end your career.
Call us today at 561-770-3335 or contact us online for a confidential consultation.
Frequently Asked Questions (FAQs)
Can I keep practicing while my case is pending? In most cases, yes. Unless the DOH issues an Emergency Suspension Order (ESO), you can typically continue to practice while the administrative process unfolds.
Will a settlement show up on my public profile? Yes. Most settlements with the Board of Dentistry are public record and will appear on the DOH “Practitioner Profile.” We strive to negotiate terms that minimize the long-term impact on your reputation.
What is the difference between an informal and a formal hearing? An informal hearing is held when you do not dispute the facts but want to argue for a lower penalty. A formal hearing is a trial-like process where we dispute the facts before an Administrative Law Judge.
Does my malpractice insurance cover administrative defense? Many professional liability policies include a “License Defense” rider. We can help you review your policy to see if your legal fees are covered.
Can a hygienist be charged for a dentist’s mistake when defending your dental career from a DOH complaint? Yes. If a hygienist performs duties outside their legal scope of practice, they can face an administrative complaint even if the dentist instructed them to do so.
