California dentists and also hygienists may have their expert license exposed or revoked if they room convicted of particular criminal offenses. Convictions the may trigger disciplinary action include those that space “substantially related” to the qualifications and also duties that a dentist. A couple of examples incorporate convictions for crimes involving fraud, theft, or violence.

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The Dental plank of California may additionally disqualify aspiring dentists and also hygienists from getting licenses for either:

having actually a criminal conviction, within seven years from the date of their patent application, which was substantially regarded dentistry,

Note that prior to taking disciplinary action against a dentist for a criminal conviction, the plank must enable the convicted dentist to to visit an bureaucratic hearing.

The hear is essentially a mini trial held prior to an governmental law judge. The plank presents evidence showing why the judge have to impose discipline, and also the convicted dentist climate presents evidence on his/her behalf.

Discipline is implemented if the judge finds, by clear and also convincing evidence, that discipline is appropriate. This burden of proof is a reduced standard 보다 the “by a reasonable doubt” burden used in California criminal trials.

A dentist can constantly appeal the Board’s decision to suspend or revoke a license.

Our California criminal defense attorneys will highlight the complying with in this article:


The California Dental plank regulates dental professionals in CA.

1. That regulates dental specialists in California?

The Dental board of California regulates dentists, hygienists, and registered dental assistants. The Dental board is a governmental firm within the California room of consumer Affairs.

The Board’s mission is to protect dental patients in accordance through the Dental practice Act.1

The Board deserve to discipline a licensee by:

reprimanding the licensee, put the licensee on probation, or

Certain criminal convictions can also type the basis for discipline.3 This includes convictions for both misdemeanor and also felony offenses,

2. Walk a criminal charge cause disciplinary action?

No. A criminal charge alone walk not an outcome in the plank investigating dental care providers or taking disciplinary action.

Rather, the Board will initiate action against a dentist or restroom if he/she is convicted the a crime.

Note that convictions include both felony and misdemeanor convictions secured through:

guilty pleas and verdicts,

The dentist Board deserve to take disciplinary action even if a dentist successfully completed a court-ordered diversion program.4

A conviction becomes actionable when:

the moment for appeal has actually elapsed, the judgment has been affirmed on appeal, or one order providing probation is do suspending the imposition that sentence.

Keep in mind the there is no concrete mandate for dentists to carry out unsolicited ongoing arrest or conviction information to the Board, together is the instance with doctors.5

However, the Board has a variety of ways of finding out about concealed convictions because that example, court clerks space obligated to send the dental Board duplicates of convictions and also other criminal information.6 The Board additionally has an in-house Enforcement Unit staffed through sworn legislation enforcement officers who investigate complaints. They could discover a concealed conviction in the food of an investigation.

Note, too, that deceit by a dentist is, in and also of itself, a basis for discipline.

3. What type of criminal convictions create Board discipline?

Criminal convictions that are “substantially related” come the qualifications, functions, or duties that a dentist or dental assistant can trigger discipline.7

This has convictions for any kind of crime or act:

“if to a comprehensive degree that evidences present or potential unfitness that a licensee to do the functions authorized by his license in a manner constant with the public health, safety, or welfare.”8

The complying with are some examples of crimes that the Board has actually considered substantially regarded dentistry:

improper rebating,9 crimes including drugs, alcohol, or substance abuse,13

Counseling, remedial education, letter of reference, and also 12-step participation are several of the creates of rehabilitation that the plank puts into consideration when deciding whether and how to technique a license is granted dentist.

4. Does evidence of rehabilitation help?

Yes. In determining whether and how to discipline a license is granted dentist, the board is required to take into consideration whether the licensee has actually been rehabilitated from his or her criminal activity.19

In making this determination, the Board will certainly consider:

the severity the the offense, the total criminal record, the time that has actually elapsed since the offense, proof of expungement, and also other evidence of rehabilitation.20

Other proof of rehabilitation” deserve to include:

counseling, remedial education, letter of reference, and also 12-step participation.

The goal is because that a convicted dentist to display the dental Board the he/she has sincerely concerned terms with the crime convicted of, and is committed to relocating forward in a confident way.

5. What happens after the board learns of a conviction?

Once the board learns that a conviction, it assigns the matter to an investigator. The investigator interviews the judge dentist and also reviews the police and also court documents related to the conviction.

If the investigator finds evidence arguing that technique is appropriate, the plank serves a official “Accusation” on the convicted dentist. The Accusation offer as notification that the Dental plank is considering suspending or revoking the dentist’s license.21

In part cases, when the board serves an Accusation, it can enter into a Stipulated Agreement v the dentist and also the California attorney General’s Office. A Stipulated covenant serves together a settlement covenant where all parties agree to settle the instance subject to specific terms and conditions.

If a negotiation is no reached, the situation proceeds to a formal hearing.

6. What happens at a officially hearing?

Formal hearings are bureaucratic hearings conducted before an governmental law referee (ALJ) and is held at the Office of governmental Hearings (OAH).

The hearings space basically minitrials. A lawyer from the attorney General’s Office renders the case for the Board together to:

why technique is appropriate, and also what kind of self-control the judge have to impose.

The convicted dentist or hygienist climate presents testimony and also evidence in his/her defense. This proof includes any type of evidence the rehabilitation.

The ALJ will worry a Written proposed Decision commonly within 30 days after the hearing. The decision sets forth the ALJ’s recommendation as to disciplinary actions. The Board can either take on it, modify it, or refuse it entirely.

If the Dental board rejects a decision, it sets forth everything disciplinary action it deems appropriate.

7. Have the right to a dentist appeal the Board’s decision come suspend or revoke a dentist license?

Yes. A dentist have the right to appeal a license revocation or suspension. The very nice is heard through a California remarkable Court, i beg your pardon reviews all of the proof that was presented in the bureaucratic hearing.

A dentist must document an very nice within 30 days that the effective date of the Board’s last decision.

If a dentist loser on appeal, he/she can shot to petition the board for the reinstatement of his/her license.

8. Have the right to I end up being a dentist with a criminal history?

Maybe. The issue depends on the kind of offense an applicant to be convicted of and when the conviction occurred.

The Dental plank of California may deny people from getting their dental or hygienist license if they have been judge in the previous seven years of a crime substantially related come the qualifications, functions, or duties the dentistry. The term “substantially related” dead the same an interpretation as questioned above.

In addition, the dental Board may deny people from getting their dentist or hygienist patent if they have a criminal conviction, no matter just how old, for either:

an offense for i beg your pardon the applicant needs to register as a Tier II or Tier III sex offender, or a severe offense, as identified in section 1192.7 the the Penal Code.

Examples of “serious crimes” under computer 1192.7 include:

murder, rape,

The Dental board does permit rejected applicants to appeal if your denial was based upon having a criminal history.23

For extr help…


Call united state for help

If you room a dentist and also are under investigation by the dentist Board, we invite you to call our criminal defense firm in ~ the Shouse regulation Group. Our attorneys administer both free consultations and legal advice you can trust.

Our lawyers additionally represent clients throughout California, including those in Los Angeles, san Diego, Orange County, and Sacramento.

legit References: view California Business and Professions Code ar 1600 et seq. See likewise California code of Regulations location 17, department 10 (Dental plank of California). California Business and also Professions Code ar 1670. California Business and Professions Code ar 1670.1. California Business and Professions Code section 492. See, for example, California Business and Professions password 802.1. California Business and Professions Code section 803. California Business and also Professions Code ar 1670.1. California password of Regulations, location 16, 1019. view same, In the matter of the explain of Issues against Jane Ann Carlson (RDA applicant), case No. DBC 2008-43 (2009). View same, In the issue of the explain of Issues against Shalaya Finley (RDA applicant), case No. DBC 2008-109 (2009). California Business and Professions Code ar 1681. Dental plank of California, Enforcement Unit hot Sheet (2009), In the issue of the Accusation versus Jattie Endfinger (RDA), situation No. DBC 2008-82. In the matter of the statement of Issues against Shalaya Finley, supra. Dental plank of California, Enforcement Unit hot Sheet (2009), In the issue of the Accusation versus Lilian Morales-Comparini (RDA), case No. DBC 2008-11. California Business and also Professions Code section 482. California code of Regulations, location 16, 1020. Watch California government Code section 11503. California Penal password 1192.7 PC. California Business and Professions Code ar 480.
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