Legal Question

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Dr_Oh_DMD

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Say a dentist hires a person to work for him as a hygienist. However this person does not have a hygiene degree. All he does though is prophylactics; x-rays and all other normal things that a hygienist would do. What could be the consequences for the dentist if They find out?
 
What state would this said dentist be practicing in? There are some states that don't require hygienists to hold degrees.

In broad strokes the answer to your question is that the dentist would be directly responsible for any malpractice that occurred. While prophies/cleanings are not difficult, they do require SOME degree of training, and any errors would certainly not be covered by any malpractice insurance.
 
Each state has a Dental Practice Act. All states require the hygienist to be licensed by the state. each state may have different requirements (just like for DDS) but they all want you to be licensed. The dental practice act of each state explains what functions can be performed by whom. For example, I can hire someone off the street and teach them how to take xrays. As long as I have ordered the xrays, it's OK (Illinois). In California, I believe that the assistant needs a special certificate to be able take xrays. That's just one example.

In Illinois, the assistants (with no academic training) can attend a one day training session, and as long as they have worked 1000 hours (6 months) as a dental assistant, they can do "coronal" polishing and sealants. No scaling, sub or supra gingival.

Now to your question, if the dentist is allowing anyone to perform any function that they are not permitted to do according to the dental practice act of that state, HE WILL BE SUSPENDED. This is no joke. Any dentist doing that, is not very smart. You always read the names of dentists who have been disciplined for letting assistants do more than what they are allowed. Even some orthodontists get in hot water once in a while. You should check you dental practice act to see what is permitted. I'm also positive that no state allows an assistant to pick up a scaler and do a full blown "cleaning". Most states now have some kind of "coronal" polishing thing in place but no scalers are to be used by assistants. ( I maybe wrong and one or two Southern states may allow dentists to train their assistants to scale, which is wrong IMO).

If that assistant is you and you plan to be a licensed something( hygienist, dentists, barber, etc.) in that state in the future, you may be in danger also. They may black list you for doing something you knew was against the law. The dentist may lose his license (and his house if an attorney get involved).
Hope this helps.
 
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