Professional Ethics, Professional Misconduct, and Grounds for Discipline
Grounds for discipline
M.G.L. c. 112, § 61 authorizes the Board to discipline a licensee for fraud, deceit, incompetence, gross negligence, violation of the practice act or Board rules, unprofessional conduct, substance abuse, and certain criminal convictions. Discipline can include reprimand, censure, suspension, revocation, probation, and fines. The Board may also act on a conviction or on failure to cooperate with an investigation.
Ethical duties
Hygienists owe patients competence, honesty, confidentiality, and informed consent. Scope limits are ethical limits: do not diagnose, prescribe, or promise outcomes. Report suspected abuse or neglect as required by law. Maintain professional boundaries and truthful advertising. Ethical codes are not a substitute for the statute; the Board discipline standard is the statute and regulations.
Worked example
A hygienist posts a before-and-after photo on social media. Reasoning: the photo is protected health information if identifiable; patient authorization is required, and even with consent, the post may violate professionalism if it is misleading. Remove it and document the incident.
Traps
Do not assume a criminal conviction outside dentistry is irrelevant. Do not treat a friendly warning as discipline. Do not confuse malpractice with Board misconduct; both can arise from the same facts.