The Expired License and the Missing CE Hours
On July 14, dental hygienist Dana realizes her Georgia license expired on June 30. She moved in May and never received the renewal notice. The practice manager checked the Board's website in June, saw “active,” and scheduled Dana for 11 clinic days. Since July 1, Dana has treated 64 patients. She has 14 documented continuing-education hours for the biennium and believes the Board requires 30, including 2 hours of infection control. Her employer says, “Just pay the late fee and backdate your CE; no one will know.” A patient calls complaining of tenderness after a prophylaxis Dana performed on July 10. Dana asks whether she can keep working while the reinstatement application is pending. The practice has no credentialing file for her and no written policy for license expirations. The office manager wants Dana to finish the week because the schedule is full.
1. What is Dana's licensure status on July 14, and may she continue treating patients while her reinstatement application is pending? Explain the legal basis.
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Dana is not licensed. Her license expired on June 30, and a pending reinstatement application does not give her authority to practice. Under the Georgia Dental Practice Act, a person may perform dental hygiene procedures only while holding a current, valid license. Practicing on an expired license is unlicensed practice even if the lapse is administrative, even if the Board website earlier showed “active,” and even if the employer authorized the work. The licensee is personally responsible for maintaining and verifying licensure; reliance on an office manager or a website status is not a defense.
Dana must stop all clinical care immediately, including the rest of the week's schedule, unless and until the Board issues a valid license or a temporary authorization. She should not finish the week “while the application is pending” because pendency is not permission. The employer should remove her from the hygiene schedule and document the date and time she ceased seeing patients.
2. Identify the immediate steps Dana and the practice should take, including CE, notification, and documentation. What should they not do?
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Dana should: (1) tell the dentist and office manager in writing that she is stopping clinical work; (2) contact the Georgia Board of Dentistry for reinstatement instructions and ask whether any temporary or limited authorization is available; (3) complete the required CE through accredited providers and keep certificates; (4) preserve the July 10 treatment record and all scheduling records; and (5) document the patient complaint and route it to the dentist and malpractice carrier.
The practice should audit every provider's license through the Board's primary verification source, create a renewal calendar, and adopt a written credentialing policy. It should not let Dana “finish the week.” It should not backdate CE, fabricate hours, alter dates, or tell the complaining patient that Dana was licensed if she was not. Falsifying CE or records is a separate disciplinary violation and can turn a renewal problem into a dishonesty case. The employer also should not retaliate against Dana for refusing to continue unlicensed practice.
3. What disciplinary or civil exposure might arise from the 64 patient encounters, and how does the patient complaint change the analysis?
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The 64 encounters are evidence of unlicensed practice. The Board can deny or delay reinstatement, impose fines, impose conditions, or discipline Dana; the practice may face credentialing and negligent-supervision exposure. Each encounter also creates potential malpractice risk because the patient was treated by a person who did not hold a current license, even if the clinical care was otherwise acceptable.
The tenderness complaint makes the lapse more urgent. Dana must be truthful with the Board, the dentist, and the insurer; a cover-up or altered record is worse than the original lapse. The practice should not contact the patient with a misleading explanation. Dana should consider obtaining her own legal advice if the Board opens an investigation. The practice should also determine whether any patient was harmed and whether disclosure is required by its carrier or policies.