A North Carolina woman is fighting the state dental board's denial of her hygienist license, Carolina Coast Online reported May 31.
Nine notes:
1. Sarah Smith was convicted of felony drug possession in 2014 and two misdemeanors for drug possession in 2015.
2. After her convictions, Ms. Smith participated in drug rehab and became a licensed dental hygienist in Tennessee and Idaho.
3. Ms. Smith applied for a license in North Carolina, but the state Board of Dental Examiners denied her licensure by credentials because of her past convictions.
4. The dental board cited General Statute 90‑224.1, which states that applicants must not have a history of disciplinary action in the Armed Forces or in any state or territory in which the
applicant is or has ever been licensed. It also states that applicants must not have any felony convictions or "other criminal convictions that would affect the applicant's ability to render competent dental hygiene care."
5. The board concluded that Ms. Smith could only apply for a provisional license or apply for licensure by exam.
6. Ms. Smith is currently working part time at a clinic under a one-year-long provisional license, which does not allow her to work additional hours at another clinic.
7. To apply for a license by exam, Ms. Smith would need to pay a $1,275 exam fee and travel by plane to the nearest testing site.
8. Erica Smith Ewing, a senior attorney at the Institute for Justice, a nonprofit law firm, wrote a letter to the board May 28 stating that the board's decision violates state law and Ms. Smith's constitutional rights.
9. The law firm noted that the state reformed a law in 2019 that prohibits state boards from denying licenses based on applicants' criminal history alone. It also pointed out that several state and federal courts have previously recognized the restriction of a person’s right to work based on old criminal convictions as unconstitutional.
Becker's has contacted the North Carolina State Board of Dental Examiners for comment and will update this story if more information becomes available.