Unlicensed Dentists and Illegal Practicing

A dentist and a dental hygienist must possess a license from the licensing board in the state in which they seek to practice dentistry.  Each state has different requirements for the license but all require the license to be current and registered with the state agency which regulates the activity.  While a dentist must possess a dentist’s license, virtually every state requires that a dental hygienist have not only a license, but also the hygienist must also practice under the supervision of a licensed dentist.

How to Identify if a Dentist of Dental Hygienist is Unlicensed

In order to determine whether an individual is practicing dentistry without a license or acting as a dental hygienist without a license, one should ask the individual for their license information. Then, one should attempt to verify the licensing information with the authority.  If one is unable to verify the information, one should ask the issuing entity if there is any other way that the information would be stored elsewhere, to be certain that all of the databases have been checked.  Thereafter, one should obtain a letter from the licensing agency that there is no license for the individual.  Finally, one should report the matter to the local Police Department, Board of Dental Licensure or Board of Dental Medicine, and the office where the dentist works, if it is a group office.

Examples of Problems with Unlicensed Dentistry

Various problems can arise if unlicensed individuals perform dentistry.  While the following list is not exhaustive, it provides some examples of problems resulting from unlicensed dentistry:

• permanent numbness or loss of sensation
• permanent structural injury to jaw, teeth, chin or lips
• death due to oral surgery
• failure to treat or diagnose oral cancer or other disease
• mouth infection due to non-sterile tools
• improper orthodontic procedure
• delay in treatment of condition

Laws Against Unauthorized Practice of Dentistry

Every state has different laws which pertain to the illegal practice of dentistry.  However, in all states these dentist’s license violations constitute a crime.  Thus, this activity is subject to criminal consequences. Moreover, other civil based laws can be triggered by the illegal practice of dentistry.  For instance, if an individual pretended to be a dentist and worked on a patient’s teeth, the patient could potentially file a lawsuit based upon assault, battery and infliction of emotional distress, depending upon the particular laws of the jurisdiction.

Penalties and Legal Consequences

Where an individual has been found guilty of the crime of unauthorized practice of medicine, there are various penalties, sentences and fines which could be assessed.  These include but are not limited to the following examples:

• jail and prison sentences
• civil monetary penalties
• community service
• loss of a dental license (where the individual has a license)
• probation
• parole

Legal Help

If you believe that you have been subject to the activity of a person who is not licensed to practice dentistry, you should consult with an experienced attorney immediately.  This attorney can evaluate your claim and help you determine your legal rights.  Conversely if you have been charged with the unauthorized practice of dentistry, it is crucial to retain the services of a criminal defense attorney immediately.  An experienced criminal defense attorney will not only be able to advise you as to your rights, but also the attorney will be able to present your case in the best possible way in order to put forth the most advantageous defense.