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Expired License and Volunteer Prophies at a Free Clinic

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Expired License and Volunteer Prophies at a Free Clinic

A dental hygienist moved from Illinois to Missouri three years ago and obtained a Missouri license by reciprocity. She let her Missouri license expire on December 31 while on an extended maternity leave. She did not renew because she thought her employer would handle it, and she forgot to update her mailing address with the board after moving. Eight months later, a friend who runs a nonprofit free clinic asks her to volunteer one Saturday per month to perform prophylaxis and apply fluoride for uninsured adults. She agrees, reasoning that 'volunteer work doesn't count as practice.' During her third volunteer session, a patient asks for her license number for the clinic's records. She provides her old expired number. The clinic's dental director later checks the board's website and finds her status listed as 'expired.' The hygienist says she completed 20 hours of continuing education last cycle and has no disciplinary history.

1. Did the hygienist violate Missouri law by volunteering at the free clinic? Explain the licensure principle and the effect of her expired number.

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Yes. Missouri licenses dental hygienists and requires an active license to practice, and 'practice' is not limited to paid treatment. Volunteer prophylaxis, fluoride, and patient education are dental hygiene services. A lapsed license means she was unlicensed during the clinic sessions, regardless of good motives or lack of disciplinary history. Giving the clinic an expired license number is a separate problem because it misrepresents her status and could mislead the clinic and patients. Her failure to update her address may explain why she did not receive the renewal notice, but it does not excuse the lapse; licensees are responsible for maintaining a current address and renewing on time. The board could treat the conduct as unprofessional conduct and unlicensed practice.

2. What must she do to return to active practice, and what factors will the board weigh?

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First, she must stop all patient care until she is active. Then she should contact the board, submit the appropriate renewal or reinstatement application, pay the renewal fee and any late fee, provide proof of the continuing education for the relevant cycle, and correct her address. If the lapse is short and she has no discipline, the board may allow reinstatement with a late fee and documentation. The board will consider the length of the lapse, whether she practiced while expired, whether she cooperated, her CE record, and any patient harm. Because she practiced at the clinic, she should expect the board to ask about those dates and may impose a reprimand, probation, fine, or additional CE. She should not repeat the expired number or backdate any record.

3. What should the free clinic do after discovering her status?

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The clinic should immediately remove her from patient care and review every session she worked. It should verify the licenses of all volunteer and paid providers, document the dates and services, and determine whether patients need notification or follow-up. It should consult its own legal counsel about reporting obligations and should not let her continue 'just until the renewal is processed.' The clinic's director should cooperate with the board if contacted and keep the license verification in the file. For the hygienist, the clinic should provide a truthful statement of her volunteer dates; it should not help her conceal the practice.