From time to time, judicial cases reported in the media highlight issues that are closely linked to the everyday practice of healthcare professions. Beyond the immediate news value, these cases often provide an opportunity to reflect on important aspects of professional practice, training and patient protection.

A recent example can be found in a case reported in El Progreso (4 March 2026), concerning a dental clinic in the Spanish city of Lugo. According to the information published by the newspaper, a woman allegedly practiced as a dentist for several years without holding the legally required degree.

According to the prosecution, the individual examined patients, issued diagnoses and prescribed and carried out orthodontic treatments, including in minor patients. These activities allegedly took place between September 2016 and June 2021.

The owner of the clinic is also facing charges in the same case. According to the report, she was a medical doctor and specialist in stomatology, and allegedly allowed the activity to take place despite knowing that the person treating patients did not hold the required qualifications. The prosecution is seeking a prison sentence of one year and six months for both individuals for the alleged crime of professional intrusion.

This case provides a useful starting point for discussing a broader issue: what constitutes professional intrusion in dentistry and why its legal regulation plays an important role in protecting patients and ensuring the quality of healthcare.

The Legal Framework of Professional Intrusion

In Spain, professional intrusion is defined as a criminal offense under Article 403 of the Spanish Criminal Code. This provision penalizes individuals who perform acts belonging to a regulated profession without holding the required academic qualification.

In certain circumstances, penalties may become more severe if the person publicly claims to hold a professional qualification that they do not possess.

The legal objective of this regulation is to protect citizens from the improper exercise of professions that require specific qualifications. This protection is particularly important in healthcare, where incorrect professional practice may directly affect patient health and safety.

Dentistry and Stomatology as Regulated Professions

Oral healthcare in Spain is governed by a specific legal framework. Among the key regulations are Law 10/1986 on dentists and other dental health professionals and Royal Decree 1594/1994, which develops the provisions of that law and regulates the professions of dentist, dental technician and dental hygienist.

These regulations define the scope of practice and professional responsibilities of the different professions involved in oral healthcare.

Within this framework, clinical activities such as diagnosing oral diseases, prescribing treatments and performing therapeutic or surgical procedures in the oral cavity are reserved for dentists and medical doctors specialized in stomatology.

The requirement of an official university degree and professional authorization is not merely an administrative formality. It is a fundamental safeguard designed to ensure that patients receive care from properly trained professionals.

What Can Be Considered Professional Intrusion in Dentistry

From a legal perspective, professional intrusion occurs when a person performs acts belonging to a regulated profession without holding the necessary qualification or authorization.

In dentistry, this may occur when individuals without the appropriate credentials perform clinical procedures on patients. Examples may include:

• performing tooth extractions,
• placing dental restorations or fillings,
• making clinical diagnoses,
• prescribing dental treatments,
• administering local anesthesia for dental procedures,
• performing scaling and root planing,
• taking dental impressions,
• or placing dental implants without the required professional qualification.

These examples are illustrative rather than exhaustive. The key issue is that the procedures involve clinical acts that legally belong to qualified dental professionals.

Who Typically Commits Professional Intrusion in Dentistry

Although professional intrusion may take different forms, judicial cases and healthcare inspections show that it often arises within the professional environment surrounding dentistry.

The most common situations include:

• individuals without healthcare qualifications performing dental treatments in clinics,
• sales representatives of dental products who end up performing demonstrations or procedures on patients,
• dental technicians treating patients directly and performing procedures in the oral cavity,
• or dental hygienists carrying out procedures beyond their legally defined scope of practice.

In some cases, investigations have also involved clinic managers or professionals who knowingly allowed or facilitated these activities.

Professional Intrusion and Patient Safety

Beyond its legal implications, professional intrusion poses a significant patient safety concern. Dental treatments involve diagnostic, pharmacological and surgical procedures that require specific clinical training.

When such procedures are performed without the appropriate training, the consequences may include incorrect diagnoses, inadequate treatments or delays in detecting relevant oral diseases.

For this reason, the regulation of professional practice should not be understood solely as a corporative protection of the profession, but rather as a fundamental safeguard for the quality and safety of healthcare.

A Final Reflection from the University Perspective

For those involved in training future healthcare professionals, professional intrusion is not only a legal or disciplinary matter. It is also a reminder of the importance of academic training, professional responsibility and respect for the legal framework that governs clinical practice.

Universities play a crucial role in transmitting not only technical knowledge but also an understanding of professional boundaries, the importance of qualification and the ethical commitment that accompanies patient care.

Discussing real cases reported in the media can therefore enrich academic debate and help students understand the broader social, ethical and legal dimensions of healthcare practice. Integrating these perspectives into university education contributes to the development of professionals who are committed to patient safety, quality of care and responsible clinical practice.

Author Note

Manuel Jesús Enciso Ripoll, DDS, PhD, is an Associate Professor in the Department of Dentistry at the Faculty of Health Sciences, Universidad CEU Cardenal Herrera (Spain), in the area of Stomatology. He also works as a dentist in the Spanish public healthcare system. His academic interests include oral public health, dental healthcare organization and the legal framework of dental practice.