Criminal Convictions & License Discipline for California Dentists

You've worked hard to earn your dental license and get your practice up and running.

What happens if you get slammed with a DUI or other criminal charge? Will you face disciplinary proceedings on top of everything else? How can you protect your livelihood?

Our California Criminal Defense Lawyers represent people accused of crimes. But we have a tremendous amount of experience helping dentists and other professionals avoid losing their licenses in disciplinary actions.1

This article is about how criminal convictions impact dental licenses in California. If you have questions after reading it, we invite you to contact our California Criminal Defense Lawyers for a consultation.

This article covers:

1. Who regulates dentists in California?
2. What kinds of convictions trigger
Board discipline?
3. What can I do to fight for my license?

(Click on a title to proceed directly to that section)

1. Who regulates dentists in California?

The Dental Board of California regulates dentists, dental assistants and dental assistants with extended functions. The Dental Board is a governmental agency within the California Department of Consumer Affairs.

The Board's mission is to protect dental patients in accordance with the Dental Practice Act.2

The Board can discipline a licensee by reprimanding the licensee, placing the licensee on probation, or suspending or revoking his or her dental license for unprofessional conduct, incompetence, gross negligence and repeated acts of negligence.3

Criminal convictions also can form the basis for discipline.4

2. What kinds of convictions trigger Dental Board discipline?

Criminal convictions that are "substantially related" to the qualifications, functions, or duties of a dentist or dental assistant can trigger discipline.5

Substantially related convictions also can form the basis for the Dental Board's denial of a license in the first place.6

"substantially related"

The Board appears to view the category of "substantially related" convictions quite broadly, and includes within its ambit any crime or act "if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by his license in a manner consistent with the public health, safety, or welfare."7

Here are some examples of crimes that the Board has considered substantially related to dentistry (or otherwise subject to discipline under the Dental Practice Act):

  • improper rebating8
  • receiving stolen property9
  • possession of a forged instrument10
  • burglary11
  • crimes involving drugs or alcohol12
  • possession of controlled substance13
  • prescription fraud14
  • driving under the influence15
  • exhibiting a deadly weapon16
  • assault with a firearm17
  • lewd act on a child18

These are just examples. This is by no means an exhaustive list of "substantially related" convictions and if you are in doubt you should consult with an attorney.

Convictions

Convictions include both felony and misdemeanor convictions secured through guilty pleas and verdicts, "no contest" pleas and convictions that may later be expunged under California Penal Code Section 1203.4.

It is helpful to have a conviction expunged anyway, if possible, even though it will still count as a conviction in the Dental Board's eyes. The reason is because if you get your conviction expunged it helps show that you have been rehabilitated from your crime.

The Dental Board can take disciplinary action even if you successfully complete a court ordered diversion program.19

A conviction becomes actionable when

  • the time for appeal has elapsed
  • the judgment has been affirmed on appeal; or
  • an order granting probation is made suspending imposition of sentence.

A special provision in the law applies to sex offender registration, discussed below, and in such cases it appears the Dental Board can take action upon issuance of such requirement.20

Sex offenders

Being convicted of a crime requiring registration as a sex offender will result in license revocation. The law is very strict in this instance and does not leave room for probation.

There are a few exceptions to this strict rule, such as where the registration has been terminated or the registration is for misdemeanor indecent exposure under California Penal Code Section 314.21

Rehabilitation

In determining whether and how to discipline a Dentist, the Board is required to consider whether the licensee has been rehabilitated from his or her criminal activity.22

In making this determination, the Board will consider:

  1. the severity of offense
  2. the total criminal record
  3. the time elapsed since offense
  4. the licensee's compliance with probation or parole terms
  5. evidence of expungement
  6. other evidence of rehabilitation23

With respect to expungement, even though the conviction still counts, if you have met the requirements for expungement this will be a mitigating factor in favor of rehabilitation.

Other evidence of rehabilitation, such as counseling, remedial education, letters of reference, 12-step participation, etc., also will be helpful. You want the Dental Board to see that you have sincerely come to terms with your crime, are remorseful and are committed to moving forward in a positive way.

Additionally, the law says that a Dentist license cannot be denied solely on the basis a felony conviction if the applicant has received a certificate of rehabilitation under the Penal Code or on the basis of a misdemeanor if the applicant has met all rehabilitation criteria set forth above.24

The Board values honesty

The Dental Board values honesty just as it values rehabilitation. It is a good idea to be truthful in answering application questions about convictions or anything else.

The Board has a number of ways of finding out about concealed convictions and deceit is itself a basis for discipline.25 Court clerks are obligated to send the Dental Board copies of convictions and other information.26

Plus the Board has an in house Enforcement Unit staffed by sworn peace officers who investigate complaints. They could discover a concealed conviction in the course of an investigation.

There is also the matter of background checks. Motivated in part by recent media reports about registered nurses with criminal backgrounds who escaped discipline, the Dental Board of California is in the process of updating its regulations to obligate existing Dentists who have not provided fingerprint data to provide it now and to require licensees to respond to Board requests for information as to criminal background.

Information includes certified court documents, certified police reports and documents relating to probation and rehabilitation. You should already be prepared to make this information available in the context of a matter filed against you.27

There does not seem to be any mandate for dentists to provide unsolicited ongoing arrest or conviction information, as is the case with doctors.28

When in doubt, the best policy is to consult with a lawyer knowledgeable in this area.

Let's look at some examples of how criminal convictions come up in a professional discipline context:

Example: Linda applies for a registered dental assistant license. She has a few bad spots on her record, but has worked diligently to rehabilitate herself. She has past convictions for petty theft and cocaine possession, both of which have been expunged or cleared.

The Board denies Linda's application because of her criminal background.

Linda contests the Board's denial. She's getting her life back together and committed to doing what it takes.

She hires a lawyer and has a hearing in front of an administrative law judge. During the hearing, Linda's attorney presents evidence of Linda's wholehearted participation in a 12-step program. Linda's employer testifies that Linda has been upfront about her criminal record and the employer tells the judge that he has confidence in Linda's work abilities, trustworthiness and interpersonal skills. Linda herself testifies about how she has been clean and sober for several years. Linda's friends submit reference letters as to her good character.

The judge issues a proposed decision to grant Linda a probationary license and the Dental Board adopts that decision. Thanks to Linda's diligent recovery efforts, including her honesty and tenacity, Linda is on her way to a successful career and brighter future.

Example: Dr. Swensen is a dentist in Northern California. A few years into his practice, he is convicted of felony lewd acts on a child and is required to register as a sex offender.

The Dental Board does not have much choice in this matter. The Board is mandated by law to revoke Dr. Swensen's license to practice dentistry.

Example: Dr. Mansera has a dental practice in a quiet California community. In contrast to his peaceful surroundings, Dr. Mansera suffers from private turmoil as a result of personal and financial setbacks.

Dr. Mansera self-medicates with alcohol, which leads to two misdemeanor driving under the influence of alcohol arrests. He also takes Vicodin meant for patients.

The Board seeks to revoke Dr. Mansera's license because of the DUIs and illegal drug activity.

Dr. Mansera contacts a lawyer and they negotiate with the Board. Dr. Mansera seems committed to working through his issues and keeping his practice, but he has a substance abuse problem. He is not as far along as Linda (from the above example) in his recovery.

The Dental Board and Dr. Mansera enter into a settlement agreement allowing Dr. Mansera to keep his license provided he abides by strict probation conditions, including drug testing, psychotherapy and surrender of his Drug Enforcement Agency permit. He also is referred to the Board's substance abuse diversion program.29

3. What can I do to fight for my license?

The stakes are high when your livelihood hangs in the balance.

But you are not powerless. You can fight to keep your license.

The law provides a mechanism for you to contest adverse denials and disciplinary charges by the Board. This is true whether you receive a statement of issues30 notifying you that you'll have to prove your fitness at a hearing, or if you already have a license, you receive an accusation31 notifying you that the Board seeks to discipline you.

You are entitled to a hearing in either case. But you must respond quickly in order to preserve that entitlement.32

We recommend that you contact a lawyer as early as possible in a situation such as this. One of our California Criminal Defense Lawyers can help you strategize and troubleshoot pitfalls right from the get go.

Your hearing will take place in front of an administrative law judge. A lawyer from the California Attorney General's Office will make the case for the Board and you (or you and your lawyer) can present testimony and evidence in your defense.

The judge will evaluate the evidence and testimony and issue a proposed decision to the Board.

If things don't go your way in the hearing, all is still not lost. You can file an appeal to the state trial court in the form of a writ of administrative mandamus.

Finally, if you end up loosing your dentist license, in most cases you can eventually petition the Board to have it reinstated.

You can read more about hearing mechanics (including what evidence can be admitted), as well as the appeals process, in our related article Administrative Hearings.

Our California Criminal Defense Lawyers Can Help.
Img-call-for-help-optimized

If you or loved one is charged with a crime and is a dentist and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.

You might also be interested in reading our related article on Nurse License Revocation.

Helpful links:

Dental Board of California

California Office of Administrative hearings

References:

1Our California Criminal Defense Lawyers have local offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, San Diego, San Francisco, Torrance, Van Nuys, West Covina, and Whittier.

2See California Business and Professions Code Section 1600 et seq. See also California Code of Regulations Title 17, Division 10 (Dental Board of California).

3California Business and Professions Code Section 1670 provides: "Any licentiate may have his license revoked or suspended or be reprimanded or be placed on probation by the board for unprofessional conduct, or incompetence, or gross negligence, or repeated acts of negligence in his or her profession, or for the issuance of a license by mistake, or for any other cause applicable to the licentiate provided in this chapter. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein."

4California Business and Professions Code Section 1670.1 provides: "(a) Any licentiate under this chapter may have his or her license revoked or suspended or be reprimanded or be placed on probation by the board for conviction of a crime substantially related to the qualifications, functions, or duties of a dentist or dental assistant licensed under this chapter, in which case the record of conviction or a certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence. (b) The board shall undertake proceedings under this section upon the receipt of a certified copy of the record of conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any misdemeanor substantially related to the qualifications, functions, or duties of a dentist or dental assistant licensed under this chapter is deemed      to be a conviction within the meaning of this section. The board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under any provision of the Penal Code, including, but not limited to, Section 1203.4 of the Penal Code, allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information, or indictment."

5See California Business and Professions Code Section 1670.1, supra. See also California Business and Professions Code Section 490, which provides: "(a) In addition to any other action that a board is permitted to take against a licensee, a board may suspend or revoke a license on the ground that the licensee has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued. (b) Notwithstanding any other provision of law, a board may exercise any authority to discipline a licensee for conviction of a crime that is independent of the authority granted under subdivision (a) only if the crime is substantially related to the qualifications, functions, or duties of the business or profession for which the licensee's license was issued. (c) A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. (d) The Legislature hereby finds and declares that the application of this section has been made unclear by the holding in Petropoulos v. Department of Real Estate (2006) 142 Cal.App.4th 554, and that the holding in that case has placed a significant number of statutes and regulations in question, resulting in potential harm to the consumers of California from licensees who have been convicted of crimes. Therefore, the Legislature finds and declares that this section establishes an independent basis for a board to impose discipline upon a licensee, and that the amendments to this section made by Senate Bill 797 of the 2007-08 Regular Session do not constitute a change to, but rather are declaratory of, existing law."

6California Business and Professions Code Section 480 provides: "(a) A board may deny a license regulated by this code on the grounds that the applicant has one of the following: (1) Been convicted of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo contendere. Any action that a board is permitted to take following the establishment of a conviction may be taken when the time for appeal has elapsed, or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending the imposition of sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal Code. (2) Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another. (3) (A) Done any act that if done by a licentiate of the business or profession in question, would be grounds for suspension or revocation of license. (B) The board may deny a license pursuant to this subdivision only if the crime or act is substantially related to the qualifications, functions, or duties of the business or profession for which application is made. (b) Notwithstanding any other provision of this code, no person shall be denied a license solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed by the board to evaluate the rehabilitation of a person when considering the denial of a license under subdivision (a) of Section 482. (c) A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact required to be revealed in the application for the license." SEE ALSO California Business and Professions Code Section 1628.5, which provides: "The board may deny an application to take an examination for licensure as a dentist or dental auxiliary or an application for registration as a dental corporation, or, at any time prior to licensure, the board may deny the issuance of a license to an applicant for licensure as a dentist or dental auxiliary, if the applicant has done any of the following: (a) Committed any act which would be grounds for the suspension or revocation of a license issued pursuant to this code.  (b) Committed any act or been convicted of a crime constituting grounds for denial of licensure or registration under Section 480. (c) While unlicensed, committed, or aided and abetted the commission of, any act for which a license is required by this chapter. (d) Suspension or revocation of a license issued by another state or territory on grounds which would constitute a basis for suspension or revocation of licensure in this state. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein."

7California Code of Regulations, Title 16, � 1019 provides: "For the purposes of denial, suspension or revocation of a license of a dentist or a dental auxiliary pursuant to Division 1.5 (commencing with Section 475) of the Code, a crime or act shall be considered to be substantially related to the qualifications, functions, or duties of a dentist or dental auxiliary if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by his license in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include but not be limited to, those involving the following: (a) Any violation of Article 6, Chapter 1, Division 2 of the Code except Sections 651.4, 654 or 655. (b) Any violation of the provisions of Chapter 4, Division 2 of the Code."

8In the Matter of the Accusation Against Levon Solak (DDS), Case No. DBC 2007-83; License revoked after hearing pursuant to Proposed Decision Case No. 2007-83.

9In the matter of the Accusation Against Bertha Arroyo (RDA), Case No. DBC 2008-85; Licensee placed on 3 years of probation pursuant to Stipulated Settlement and Disciplinary Order Case No. 2008-85.

10In the matter of the Statement of Issues Against Jane Ann Carlson (RDA applicant), Case No. DBC 2008-43; Licensee placed on 3 years of probation pursuant to Stipulated Settlement and Disciplinary Order Case No. 2008-43.

11In the Matter of the Statement of Issues Against Shalaya Finley (RDA applicant), Case No. DBC 2008-109; Licensee placed on 3 years of probation pursuant to Stipulated Settlement and Disciplinary Order Case No. DBC 2008-109.

12California Business and Professions Code Section 1681 provides: "In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this chapter to do any of the following: (a) Obtain or possess in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist, administer to himself, any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4211) of Chapter 9. (b) Use any controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4211) of Chapter 9, or alcoholic beverages or other intoxicating substances, to an extent or in a manner dangerous or injurious to himself, to any person, or the public to the extent that such use impairs his ability to conduct with safety to the public the practice authorized by his license. (c) The conviction of a charge of violating any federal statute or rules, or any statute or rule of this state, regulating controlled substances, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Article 8 (commencing with Section 4211) of Chapter 9, or the conviction of more than one misdemeanor, or any felony, involving the use or consumption of alcohol or drugs, if the conviction is substantially related to the practice authorized by his license. The record of conviction or certified copy thereof, certified by the clerk of the court or by the judge in whose court the conviction is had, shall be conclusive evidence of a violation of this section; a plea or verdict of guilty or a conviction following a plea of nolo contendere is deemed to be a conviction within the meaning of this section; the board may order the license suspended or revoked, or may decline to issue a license, when the time for appeal has elapsed or the judgment of conviction has been affirmed on appeal, or when an order granting probation is made suspending imposition of sentence, irrespective of a subsequent order under any provision of the Penal Code, including, but not limited to, Section 1203.4 of the Penal Code, allowing such person to withdraw his plea of guilty and to enter a plea of not guilty, or setting aside the verdict of guilty, or dismissing the accusation, information or indictment."

13In the matter of the Accusation Against Jattie Endfinger (RDA), Case No. DBC 2008-82; License revoked pursuant to Default Decision and Order Case No. 2008-82.

14In the Matter of the Statement of Issues Against Shalaya Finley, supra.

15In the Matter of the Accusation Against Jattie Endfinger, supra. Note that under California Business and Professions Code Section 1681(c), supra, it would appear that unprofessional conduct stemming from DUIs requires at least two such convictions. See also Griffiths v. Superior Court of Los Angeles, 96 Cal.App.4th 757 (2002) [Court of Appeal denies doctor's writ of mandate regarding license discipline based on misdemeanor convictions involving alcohol] ("[Statute] provides that if a physician sustains two or more misdemeanor convictions involving the consumption of alcoholic beverages, those convictions constitute unprofessional conduct. We hold that a logical connection or nexus exists between the convictions and the physician's fitness to practice medicine, and therefore imposing discipline on a physician's license pursuant to section 2239, subdivision (a) does not violate the due process and equal protection clauses of the California and United States Constitutions." Id at 763)

16In the Matter of the Accusation Against Lilian Morales-Comparini (RDA), Case No. DBC 2008-119; License revoked pursuant to Default Decision and Order Case No. DBC 2008-119.

17In the Matter of the Accusation Against Dartwan Thibodeaux (RDA), Case No. DBC 2008-117; License revoked pursuant to Default Decision and Order Case No. DBC 2008-117.

18In the Matter of the Accusation Against Scott Henning (DDS), Case No. 01-2008-2825; License revoked pursuant to Stipulated Revocation of License and Order Case No. 01-2008-2825.

19California Business and Professions Code Section 492 provides: "Notwithstanding any other provision of law, successful completion of any diversion program under the Penal Code, or successful completion of an alcohol and drug problem assessment program under Article 5 (commencing with Section 23249.50) of Chapter 12 of Division 11 of the Vehicle Code, shall not prohibit any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division, from taking disciplinary action against a licensee or from denying a license for professional misconduct, notwithstanding that evidence of that misconduct may be recorded in a record pertaining to an arrest. This section shall not be construed to apply to any drug diversion program operated by any agency established under Division 2 (commencing with Section 500) of this code, or any initiative act referred to in that division."

20See California Business and Professions Code Section 1687 regarding sex offenders, infra. A law school article discusses the recent enactment of Section 1687 and implies it was motivated by the Board's need to act more quickly in such cases. See Pritee K. Thakarsey, Catching Up to the California Medical Board: The Dental Board of California May Take Action Against Registered Sex Offenders [McGeorge Law Review] (undated). Note that the Board also has authority to issue expedited discipline in the form of interim suspension orders under California Business and Professions Code Section 494.

21California Business and Professions Code Section 1687 provides: "(a) Notwithstanding any other provision of law, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the equivalent in another state or territory, under military law, or under federal law, the board shall be subject to the following requirements: (1) The board shall deny an application by the individual for licensure pursuant to this chapter. (2) If the individual is licensed under this chapter, the board shall revoke the license of the individual. The board shall not stay the revocation and place the license on probation. (3) The board shall not reinstate or reissue the individual's licensure under this chapter. The board shall not issue a stay of license denial and place the license on probation. (b) This section shall not apply to any of the following: (1) An individual who has been relieved under Section 290.5 of the Penal Code of his or her duty to register as a sex offender, or whose duty to register has otherwise been formally terminated under California law or the law of the jurisdiction that requires his or her registration as a sex offender. (2) An individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code solely because of a misdemeanor conviction under Section 314 of the Penal Code. However, nothing in this paragraph shall prohibit the board from exercising its discretion to discipline a licensee under other provisions of state law based upon the licensee's conviction under Section 314 of the Penal Code. (3) Any administrative adjudication proceeding under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code that is fully adjudicated prior to January 1, 2008. A petition for reinstatement of a revoked or surrendered license shall be considered a new proceeding for purposes of this paragraph, and the prohibition against reinstating a license to an individual who is required to register as a sex offender shall be applicable."

22California Business and Professions Code Section 482 provides: "Each board under the provisions of this code shall develop criteria to evaluate the rehabilitation of a person when: (a) Considering the denial of a license by the board under Section 480; or (b) Considering suspension or revocation of a license under Section 490.  Each board shall take into account all competent evidence of rehabilitation furnished by the applicant or licensee."

23California Code of Regulations, Title 16, � 1020 provides: "(a) When considering the denial of a license under Section 480 of the Code, the board in evaluating the rehabilitation of the applicant and his present eligibility for a license, will consider the following criteria: (1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial. (2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Code. (3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2). (4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant. (5) Evidence, if any, of rehabilitation submitted by the applicant. (b) When considering the suspension or revocation of a license on the grounds of conviction of a crime, the board, in evaluating the rehabilitation of such person and his present eligibility for a license will consider the following criteria: (1) The nature and severity of the act(s) or offense(s); (2) Total criminal record; (3) The time that has elapsed since commission of the act(s) or offense(s); (4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee; (5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code; (6) Evidence, if any of rehabilitation submitted by the licensee. (c) When considering a petition for reinstatement of a license, the board shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subsection (b)."

24See California Business and Professions Code Section 480(b), supra.

25See California Business and Professions Code Section 480(a)(2) ("(a) A board may deny a license regulated by this code on the grounds that the applicant has one of the following..(2) Done any act involving dishonesty, fraud, or deceit with the intent to substantially benefit himself or herself or another, or substantially injure another), Section 480(c) ("A board may deny a license regulated by this code on the ground that the applicant knowingly made a false statement of fact required to be revealed in the application for the license"), and Section 1680(x) ("Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following.. Any action or conduct that would have warranted the denial of the license")

26California Business and Professions Code Section 803 provides: "(a) Except as provided in subdivision (b), within 10 days after a judgment by a court of this state that a person who holds a license, certificate, or other similar authority from the Board of Behavioral Sciences or from an agency mentioned in subdivision (a) of Section 800 (except a person licensed pursuant to Chapter 3 (commencing with Section 1200)) has committed a crime, or is liable for any death or personal injury resulting in a judgment for an amount in excess of thirty thousand dollars ($30,000) caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the agency that issued the license, certificate, or other similar authority. (b) For purposes of a physician and surgeon, osteopathic physician and surgeon, or doctor of podiatric medicine, who is liable for any death or personal injury resulting in a judgment of any amount caused by his or her negligence, error or omission in practice, or his or her rendering unauthorized professional services, the clerk of the court that rendered the judgment shall report that fact to the agency that issued the license."

27According to the Board's Statement of Reasons: "This proposal would require a licensee to provide timely and accurate responses to inquiries and provide necessary documents needed by the Board to investigate and take appropriate actions against a licensee convicted of a criminal offense that is substantially related to the practice of dentistry. To conduct an investigation on whether a conviction is substantially related to a licensees' scope of practice, the Board must review "certified" police reports, "certified" court documents and review documentation that substantiates compliance with probationary terms and rehabilitation efforts. Without this information the Board cannot make a final determination as to the appropriate action. This proposed language would enable the Board to issue a citation and fine for failure to provide the necessary documentation in a timely manner. Due to the enormous volume of conviction documents that must be obtained from the various court houses throughout California and other states, it is critical that the licensee provide accurate court and case number information to the Board. This regulatory proposal would assist in ensuring that such information is provided."

28California Business and Professions Code 802.1 provides: "(a) (1) A physician and surgeon, osteopathic physician and surgeon, and a doctor of podiatric medicine shall report either of the following to the entity that issued his or her license: (A) The bringing of an indictment or information charging a felony against the licensee. (B) The conviction of the licensee, including any verdict of guilty, or plea of guilty or no contest, of any felony or misdemeanor. (2) The report required by this subdivision shall be made in writing within 30 days of the date of the bringing of the indictment or information or of the conviction. (b) Failure to make a report required by this section shall be a public offense punishable by a fine not to exceed five thousand dollars ($5,000)".

29California Code of Regulations, Title 16, � 1018, which provides: "In reaching a decision on a disciplinary action under the Administrative Procedures Act (Government Code Section 11400 et seq.), the Board of Dental Examiners shall consider the disciplinary guidelines entitled "Board of Dental Examiners Disciplinary Guidelines With Model Language", revised 11/8/96 which are hereby incorporated by reference. Deviation from these guidelines and orders, including the standard terms of probation, is appropriate where the Board of Dental Examiners in its sole discretion determines that the facts of the particular case warrant such deviation - for example: the presence of mitigating factors; the age of the case; evidentiary problems." NOTE that this regulation and the related Disciplinary Guidelines are currently in the process of amendment.

30California Business and Professions Code Section 11504 provides: "A hearing to determine whether a right, authority, license, or privilege should be granted, issued, or renewed shall be initiated by filing a statement of issues. The statement of issues shall be a written statement specifying the statutes and rules with which the respondent must show compliance by producing proof at the hearing and, in addition, any particular matters that have come to the attention of the initiating party and that would authorize a denial of the agency action sought. The statement of issues shall be verified unless made by a public officer acting in his or her official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief. The statement of issues shall be served in the same manner as an accusation, except that, if the hearing is held at the request of the respondent, Sections 11505 and 11506 shall not apply and the statement of issues together with the notice of hearing shall be delivered or mailed to the parties as provided in Section 11509. Unless a statement to respondent is served pursuant to Section 11505, a copy of Sections 11507.5, 11507.6, and 11507.7, and the name and address of the person to whom requests permitted by Section 11505 may be made, shall be served with the statement of issues."

31California Government Code Section 11503 provides: "A hearing to determine whether a right, authority, license or privilege should be revoked, suspended, limited or conditioned shall be initiated by filing an accusation. The accusation shall be a written statement of charges which shall set forth in ordinary and concise language the acts or omissions with which the respondent is charged, to the end that the respondent will be able to prepare his defense. It shall specify the statutes and rules which the respondent is alleged to have violated, but shall not consist merely of charges phrased in the language of such statutes and rules. The accusation shall be verified unless made by a public officer acting in his      official capacity or by an employee of the agency before which the proceeding is to be held. The verification may be on information and belief."

32The time period could be as short as 15 days. California Government Code Section 11506 provides: ("(a) Within 15 days after service of the accusation the respondent may file with the agency a notice of defense in which the respondent may: (1) Request a hearing. (2) Object to the accusation upon the ground that it does not state acts or omissions upon which the agency may proceed. (3) Object to the form of the accusation on the ground that it is so indefinite or uncertain that the respondent cannot identify the transaction or prepare a defense. (4) Admit the accusation in whole or in part. (5) Present new matter by way of defense. (6) Object to the accusation upon the ground that, under the circumstances, compliance with the requirements of a regulation would result in a material violation of another regulation enacted by      another department affecting substantive rights. (b) Within the time specified respondent may file one or more notices of defense upon any or all of these grounds but all of these notices shall be filed within that period unless the agency in its discretion authorizes the filing of a later notice. (c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be      deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a notice of defense shall constitute a waiver of respondent's right to a hearing, but the agency in its discretion may nevertheless grant a hearing. Unless objection is taken as provided in paragraph (3) of subdivision (a), all objections to the form of the accusation shall be deemed waived. (d) The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent's mailing address. It need not be verified or follow any particular form. (e) As used in this section, "file," "files," "filed," or "filing" means "delivered or mailed" to the agency as provided in Section 11505." BUT SEE ALSO California Business and Professions Code Section 485, which provides: "Upon denial of an application for a license under this chapter or Section 496, the board shall do either of the following: (a) File and serve a statement of issues in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) Notify the applicant that the application is denied, stating (1) the reason for the denial, and (2) that the applicant has the right to a hearing under Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code if written request for hearing is made within 60 days after service of the notice of denial. Unless written request for hearing is made within the 60-day period, the applicant's right to a hearing is deemed waived. Service of the notice of denial may be made in the manner authorized for service of summons in civil actions, or by registered mail addressed to the applicant at the latest address filed by the applicant in writing with the board in his or her application or otherwise. Service by mail is complete on the date of mailing."

Save

Free attorney consultations...

Our attorneys want to hear your side of the story. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial.

Office Locations

Shouse Law Group has multiple locations all across California, Nevada, and Colorado. Click Office Locations to find out which office is right for you.

Regain peace of mind...

Our defense attorneys understand that being accused of a crime is one of the most difficult times of your life. Rely on us to zealously and discreetly protect your rights and to fight for the most favorable resolution possible.

To contact us, please select your state:

Call us 24/7 (855) 396-0370