Don’t face the CDHO Alone
As your dental hygienist lawyer, we help with all legal matters relating to the The College of Dental Hygienists of Ontario (“CDHO”). The CDHO is the regulator for dental hygienists in Ontario which can:
- determine who has a certificate to practice as a dental hygienist
- manage complaints against dental hygienists
The CDHO does not work for you. The College can:
- deny your application for a certificate to practice or
- suspend, revoke or place terms, conditions, or limitations on your certificate to practice dental hygienics
If you plan to apply to the CDHO or have received notice of complaint it is important that you have representation to protect your interests and defend your rights.
Our team of experienced dental hygienist lawyers can assist with legal matters including:
- Advising dental hygienists on compliance with relevant legislation and standards
- Responding to complaints and investigations at the College
- Representing dental hygienists at the Fitness to Practise Committee
- Defending dental hygienists in hearings before the Dental Hygienists Discipline Committee
- Advocating for dental hygienists to resolve matters through the College’s complaint resolution process
- Representing dental hygienists in appeals before the Divisional Court of Ontario
Registration
Applying for a license or in the College’s language a “Certificate of Registration” is a complex process.
The CDHO provides three categories of certificates of registration:
- General – ideal fordental hygienists who meet the basic registration requirements
- Specialty – ideal for registrants who hold a General certificate and have completed a program in restorative dental hygiene
- Inactive – ideal for registrants who are taking some time away from practice
To be successful, you must meet the following requirements:
- Completion of a full-time accredited educational program within the past 3 years
- Successful completion of the exam set by the National Dental Hygiene Certification Board (NDHCB)
- Completion of the mandatory online Jurisprudence Education Module
OR
- Completion of a College approved program in dental hygiene
- Successful completion of the clinical competency evaluation set or approved by the Registration Committee
- **Completion of a clinical refresher course or professional competency assessment if, you graduated more than 3 years ago and have not practised dental hygiene in a recognized jurisdiction within the 3 years
All applications are screened by the Registrar who may decide to:
- Issue a certificate if all requirements have been met
- Deny the application if requirements have not been met
Our office can help you prepare an application and offer legal advice on concerns you may have. If you are planning to apply for a certificate from the CDHO, contact us today.
Complaints Process
The College of Dental Hygienists (“CDHO”) receives complaints from:
- members of the public
- clients of dental hygienists
- employers of dental hygienists
- other dental hygienists
Members of the College are required to file a complaint, if during their practice they have obtained reasonable grounds to believe that another member of the same or different College has sexually abused a patient
The first step of the complaint process is at the Inquiries, Complaints and Reports Committee, often referred to as the “ICRC”
The ICRC is a written process – the complainant, the College and the member exchange a series of documents:
- A complaint against a member is made
- An investigation will begin
- The College provides the member with an official acknowledgement of the complaint
- The member has an opportunity to file a written response to the complaint
- The ICRC will issue a decision
Utilizing a Risk Assessment Framework, the ICRC will make a decision that includes one or more of the following:
- Taking no further action
- Requiring that the dental hygienist to appear to be cautioned
- Require a member to attend a specified continuing education or remediation program (SCERP)
- Enter into an undertaking or agreement by which the member agrees to do (or not to do) certain things
- Refer a matter to the Discipline or Fitness to Practise Committee
These outcomes can have very serious financial and personal impacts on members. If you have received a complaint from the CDHO, please contact us today.
Discipline Committee
If the ICRC considers a complaint to be “high risk,” it may be referred to the Discipline Committee.
Before a matter progresses to a hearing at the Discipline Committee, a pre-hearing may occur. A pre-hearing allows the College and the member to present their case in an informal setting.
In our experience, a pre-hearing at a college can be used to:
- Reduce the allegations against a member
- Reduce the penalty being sought by a member
- Raise important legal issues before trial
At the Discipline Committee, a trial may take place where witnesses are called, and evidence is heard.
Outcomes at the Discipline Committee can include:
- Revocation of the dental hygienist’s certificate
- Suspension of the dental hygienist’s certificate
- Imposing terms, conditions, and limitations on the dental hygienist’s certificate
- Fines of up to $35,000 to the Ontario Minister of Finance
- Orders for the member to pay some or all of the costs of a trial
- Orders for members to reimburse the College for counselling and therapy provided to patients
These are extremely serious public outcomes. If your matter has been or could be referred to the Discipline Committee, please contact us today.
Fitness to Practise Committee
The Fitness to Practise Committee is a specialized committee that addresses cases where a member’s conduct has been affected by an ongoing medical condition.
For instance, a mental health condition may impact a member’s ability to uphold professional standards in various aspects of their practice.
In our experience, a referral to the Fitness to Practise Committee can offer several benefits to members, including:
- Complaints are generally resolved more privately
- The process focuses on ensuring the member’s health
However, it is uncommon for members to be referred to the Fitness to Practise Committee without legal representation. It requires experienced and detailed representation to present the evidence that screening committees, like the ICRC, need to see to consider a referral to Fitness to Practise. If there is a complaint against you, please contact us today.
Appeals
Decisions made by the:
- ICRC
- Registration Committee
can be appealed to the Health Professions Appeal and Review Board (HPARB).
Decisions made by the:
- Discipline Committee
- Fitness to Practise Committee
can be appealed to the Ontario Divisional Court.
Unfortunately, self-represented individuals rarely succeed in appeals. We have extensive experience in handling appeals from regulatory colleges. If you are considering an appeal, please contact us today.
Lawyer for Dental Hygienists FAQ
What types of cases do you handle for dental hygienists?
We handle a wide range of cases for dental hygienists, including professional misconduct, incompetence, incapacity, and other regulatory issues. This includes representation before the ICRC, Discipline Committee, and Fitness to Practise Committee, as well as appeals to HPARB and the Ontario Divisional Court.
Why might I need a dental hygienist lawyer for a complaint against me?
Having a dental hygienist lawyer ensures that you receive advice and representation. Navigating the regulatory process can be complex and challenging. A dental hygienist lawyer can help you understand the process, present your case effectively, and protect your professional interests.
What is the role of the ICRC in the disciplinary process?
The Inquiries, Complaints, and Reports Committee (ICRC) reviews complaints and decides whether they should be referred to the Discipline Committee or Fitness to Practise Committee. The ICRC’s decisions can significantly impact your career, making legal representation crucial.
What happens if my case is referred to the Discipline Committee?
If your case is referred to the Discipline Committee, a formal hearing will be conducted where evidence is presented, and witnesses may be called. The outcomes can include revocation or suspension of your certificate, fines, or other penalties. We provide representation to help you navigate this process.
What is a pre-hearing and how can it benefit me?
A pre-hearing is an informal opportunity for you and the College to present your case before a formal hearing. It can be used to reduce allegations or penalties and raise important legal issues. We can assist you in preparing for and presenting your case at a pre-hearing.
What is the Fitness to Practise Committee?
The Fitness to Practise Committee deals with cases where a member’s ability to practice is affected by a medical condition, such as a mental health issue. The focus is on ensuring the member’s health and ability to practice safely. We help present your case effectively to this committee.
Can I appeal a decision made by the regulatory committees?
Yes, decisions made by the ICRC and Registration Committee can be appealed to the Health Professions Appeal and Review Board (HPARB). Decisions by the Discipline Committee and Fitness to Practise Committee can be appealed to the Ontario Divisional Court. We have extensive experience in handling these appeals.
How successful are self-represented individuals in appeals?
Self-represented individuals are rarely successful in appeals due to the complex nature of the process and the detailed evidence required.
How do I know if I need legal representation for my case?
If you are facing a complaint, disciplinary action, or any regulatory issue, it is advisable to seek legal representation. Contact us for a consultation to discuss your specific situation and how we can assist you.
How can I contact you for assistance with my case?
You can contact us via phone, email, or through our website to schedule a consultation. Our team is ready to serve as your dental hygienist lawyer to protect your professional career.
