Dentists

The California Business and Professions code section 2234 defines “unprofessional conduct,” to include the following:

(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the violation of, or conspiring to violate any provision of this chapter.

The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.

(b) Gross negligence.

(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or omissions. An initial negligent act or omission followed by a separate and distinct departure from the applicable standard of care shall constitute repeated negligent acts.

An initial negligent diagnosis followed by an act or omission medically appropriate for that negligent diagnosis of the patient shall constitute a single negligent act.

When the standard of care requires a change in the diagnosis, act, or omission that constitutes the negligent act described in paragraph (1), including, but not limited to, a reevaluation of the diagnosis or a change in treatment, and the licensee's conduct departs from the applicable standard of care, each departure constitutes a separate and distinct breach of the standard of care.

(d) Incompetence.

(e) The commission of any act involving dishonesty or corruption which is substantially related to the qualifications, functions, or duties of a physician and surgeon.

(f) Any action or conduct which would have warranted the denial of a certificate.

(g) The practice of medicine from this state into another state or country without meeting the legal requirements of that state or country for the practice of medicine. Section 2314 shall not apply to this subdivision. This subdivision shall become operative upon the implementation of the proposed registration program described in Section 2052.5

California Business and Professions Code section 490 allows the Dental Board of California to suspend or revoke a medical license only if the person is convicted of a crime that is “substantially related to the qualifications, functions or duties” of the profession. Convictions include not only a guilty verdict after a trial, but also pleas of guilty or no lo contendre (no contest). To determine whether a particular charge is considered “substantially related,” contact a dental license defense attorney at Spiga & Associates today to set up your free consultation. We will handle not only your criminal case, but will help protect your license in front of the Dental Board of California as well.

For dental license applicants with a criminal history, you may be nonetheless eligible for licensure if you meet the “rehabilitation” requirements as defined by section 1020 of the California Code of Professional and Vocational Regulations:

(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:

The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.

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.

The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2).

The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.

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).

New law allows the Dental Board of California and many other professional organizations to seek information, such as fingerprints, from current licensees for the purpose of checking the person’s criminal background. In other words, you may have been a successful practicing dentist for 20 years, and then seemingly out of nowhere, receive notice from the Dental Board that your right to practice is being called into question. If you receive such a notice, you may be entitled to a hearing to dispute the allegations – but your time to request such a hearing is limited. If you are concerned about your criminal history and its impact on your professional license, contact a dental license defense attorney at Spiga & Associates now to protect your dental license and right to practice.