Guest Writer: H. Grady Swicord, DMD, Birmingham Family Dental Services
My dental assistant knocked and entered my office, looking ashen. She was holding a letter from the Dental Board. “They aren’t going to let me in,” she said quietly.
“What do you mean? Why not?” I asked, reaching for the letter. My assistant was fully qualified, and we had been expecting her admission letter to the Board’s Dental Hygiene Program for weeks. Becoming a Dental Hygienist was one of her lifelong goals. She handed me the certified letter, visibly ashamed.
REF: Denial of 2023–2024 ADHP Application
…Due to your diagnosed chronic hepatitis B, you will not be able to participate in…
The letter was as poorly written as it was unfair. My student had been born overseas to a mother with asymptomatic chronic hepatitis B and was chronic hepatitis B positive herself. She had answered truthfully on the application a question that should not have even been on the form. The Dental Board told me they were simply following state law. I knew they actually were violating federal law. This marked the beginning of a long journey.
My student was eventually admitted that year, 2023, but only after I hired a lawyer. Even then, her participation came with restrictions, such as not being allowed to have her teeth cleaned in the Alabama Dental Hygiene Program. I realized this scenario would continue for the next hepatitis B positive student, as well as for the many other students who were excluded each year, I did not want this to happen again.
I began speaking at the Dental Board’s monthly meetings in late 2023 and continued into 2024. At each meeting, I delivered the same message: the state law the Dental Board was relying on was based on outdated 1991 CDC guidelines and should instead be following the 2012 CDC guidelines, which did not permit denial, delay or restrictions based on any hepatitis B blood test results, and the newer guidelines must be followed. The Board refused to budge, insisting they had to follow state guidelines. The next elected Board president for 2025 had the same mindset.
Finally, I spoke to the president of the Alabama Department of Public Health, which oversees the Dental Board on state health regulations. The president was certain they were aligned with CDC recommendations. At this point, two Dental Board presidents, two dental specialists on the Dental Board, and the president of the Alabama Department of Public Health had told me I was wrong. I needed to give up or become very determined. I chose the latter.
I reached out to various organizations for help, support and clarification. I got none of that and until I reached out to Dr. Chari Cohen, president of the Hepatitis B Foundation. I had looked up their website and then, why not, I reached out to the president, Chari Cohen. On the phone, Dr. Cohen was engaging, assured me I was correct and explained they were very familiar with outdated guidelines being entrenched in various administrations. She confirmed the arbitrary discrimination based on hepatitis B status or vaccine response violated federal law. Over the months, Chari continued to provide me with supportive information and much needed encouragement.
After I had a series of communications with the Alabama Department of Public Health, they agreed to a Zoom call with me. I requested that everyone who needed to make the decision to be present on the call.
During the call, the general counsel and officers were courteous and professional and had done their homework. They agreed with my position and outlined the process for them to change state law, which would take nearly a year. I acknowledged the timeline and expressed appreciation for their swift decision to move forward in the process. Unfortunately, this lengthy process meant another admissions cycle would pass. Several more students with dreams of a career as a dental hygienist were denied entry.
On Jan. 10, 2026, the Alabama Department of Public Health officially updated the state law, which now aligned Alabama with the current federal law on hepatitis B guidelines.
At the January 2026 Dental Board meeting, I spoke about the state law changing. The Board decided to vote the following month on a proposal to update their hepatitis B guidelines for their Dental Hygiene Program. On Feb. 13, 2026, I addressed the Board again, emphasizing the fairness of the update and reminding them that with proper sterilization techniques, no healthcare worker practicing with Standard Precautions has transmitted hepatitis B to a patient anywhere in the world in the last 38 years. We needed to update our hepatitis B guidelines.
The Board then voted on the proposal I had helped draft, which eliminated denials, delays, and restrictions for students based on hepatitis B status or vaccine response status. It passed, and the Dental Board came into compliance. Two weeks later, the 2026–2027 Dental Hygiene Program applications were released—with the new hepatitis B guidelines prominently displayed on the front page. No student would be denied, delayed or restricted in their education due to hepatitis B status or vaccine response.
There were no bad actors in this process, just uninformed professionals with wrong concerns. In the end, everyone came around. And my hygienist is enjoying her wonderful career. A deeply satisfying journey.
If you or someone you know has faced discrimination related to hepatitis B, explore our Discrimination Registry and Know Your Rights Guide to learn about the protections available to you.

