The Dental Board of California (DBC), a Department of Consumer Affairs branch, licenses dentists in California. In addition to licensing, the dental board monitors and regulates the practices of all dental professionals. As a licensed professional, you must follow all the rules set by the DBC to protect the public from misconduct by dentists, dental assistants, and dental hygienists.

You risk facing severe disciplinary action if you are reported for misconduct or violating the board's code of conduct. Before imposing the discipline, the board will conduct an investigation and hold an administrative hearing. Depending on the nature and severity of your violation, the board could impose various disciplinary actions, ranging from simple warnings to license suspension and revocation.

Losing your professional license could be a blow to your career and livelihood. Therefore, you must aggressively fight against the allegations. At Santa Cruz License Attorney, we offer top-notch legal guidance for our clients battling disciplinary action by the Dental Board of California.

The Dental Board of California

Becoming a dentist, a dental assistant, or a dental hygienist requires you to complete your training program and take a licensing examination. The Dental Board of California regulates the practice of dental workers in the state.

The critical roles of the DBC include:

Licensing

The Dental Board of California is a gateway for dental professionals seeking to practice in the state. The board bestows licenses to dentists who have completed training and passed the licensing examination. Additionally, it permits dental hygienists and dental assistants in the jurisdiction. A license from the DBC is your ticket to seeking employment or providing private dental services.

Fostering Continued Educations

The DBC recognizes that dentistry is constantly evolving. For this reason, it mandates that licensed professionals undergo continued education. By creating different courses, professionals can stay updated with the latest advancements and maintain competency in the dental field.

Sometimes, you may be required to undergo an additional course when you are found in violation or reported to the board for incompetence.

Upholding Accountability

Accountability is critical in the dental profession, and the board ensures that each professional adheres to the required accountability standards. When your actions or failure to act violate the necessary standards, the board will launch an investigation and take the necessary disciplinary measures.

Setting Benchmarks

The DBC formulates different regulations in an attempt to standardize the practice. These standards encompass different aspects, including ethical principles and codes of professional conduct. As a holder of a dental license, you must follow all the standards set by the board to avoid disciplinary action like suspension or revocation of your license.

Advocating for Consumers

Dentists, dental assistants, and hygienists are critical in ensuring clients' oral health and well-being. You may need to perform sensitive treatment, restorative, and cosmetic procedures in your practice.

In addition to its licensing and regulatory functions, the DBC advocates for the safety and well-being of consumers. This is done by taking the necessary measures to educate the public about dental health and acceptable standards of care. Patients concerned about the safety and suitability of the dental service offered could raise a concern with the board.

Addressing Misconduct by Professionals

Another role of the Dental Board of California is to receive complaints and impose appropriate disciplinary action against dental professionals. A client, an employer, or colleagues who witness the violations could report misconduct.

The Role of Dentists

Dentists are healthcare professionals responsible for providing oral health guidance and patient instructions. Thus, they provide preventive, restorative, and cosmetic care to ensure a beautiful and healthy smile. The general role of dentists includes dental examinations of the teeth, gums, and head area and diagnosis and treatment of dental complications.

The Role of Dental Assistants

The common role of a dental assistant in ensuring the good oral health of patients includes:

  • Keeping dental records.
  • Ensuring that patients feel comfortable during dental procedures.
  • Developing and executing infection control after dental procedures.
  • Handle patient communications, including appointment booking and scheduling.
  • Advise patients of proper oral health care after different dental procedures.

The Role of Dental Hygienists

Dental hygienists are professionals who focus mainly on preventing oral health complications. As a dental hygienist, you work closely with the dentist by performing the following roles:

  • Performing non-surgical gum treatments like root planing
  • Taking teeth impressions for dental casts
  • Updating patients’ dental health files
  • Advising the dentist on specific dental concerns
  • Examining the teeth and gums for signs of oral disease
  • Deep cleaning of teeth
  • Applying fluoride treatments
  • Reviewing patients’ dental charts and oral health history

Common Complaints Against Dental Practitioners

The DBC sets a specific code of conduct that all licensed dental practitioners must obey to ensure safe and effective client services. Common allegations that could put your license in jeopardy include:

  • False and misleading advertisements, such as providing or exaggerating the effectiveness of your treatment procedures
  • Failure to report the death of patients under your care, hence violating the board's code of ethics, could result in severe disciplinary action
  • Excessive prescription of medication, risking drug dependency and abuse in patients
  • Sexual abuse of patients. The board prohibits sexual relationships or encounters between dentists, dental assistants, and their patients.
  • Billing and insurance fraud that result in unlawful financial gain and cause loss to the health insurance company
  • Gross negligence. These actions jeopardize the safety and well-being of other people. For example, improper hygiene practices, performing procedures beyond the scope of patient consent, failure to perform thorough assessments before procedures, and delayed treatments.
  • Drug and substance abuse. Drug addiction could affect your ability to offer safe services to your clients.
  • Failure to treat patients in genuine need of care
  • Allowing assistants to work under you without the necessary license or certification
  • Unlicensed practice or practicing with a suspended license
  • Mishandling prescription drugs. Excessive or wrongful medication prescription violates the DBC’s code of conduct.
  • Keeping false or misleading records on patient care or financial matters
  • Violation of probation conditions. If you are placed on license probation, you can continue to practice as a dentist in California. However, the board imposes conditions that you must follow, failure to which you could be subject to harsher discipline.
  • Administration of anesthesia without a permit
  • Keeping your dental office in an unsanitary condition could impact the patient's health
  • Allowing unlicensed professionals to operate X-ray machines
  • Misrepresentation of disciplinary action taken against you to patients
  • Accepting or receiving rebates
  • Criminal convictions. Criminal convictions that can result in severe professional discipline include:
    • Receiving stolen property(PC 496)
    • Burglary(PC 459)
    • Possession of a controlled substance(HSC 11350(a))
    • Driving under the influence (VC 23152)
    • Lewd acts with a child(PC 288)

The Dental Board of California Disciplinary Process

The DBC follows a specific process when enforcing professional license discipline for individuals accused of misconduct. As a practicing dentist, dental assistant, or dental hygienist, you can expect to go through the following steps when allegations of misconduct are made against you:

The Complaint

The licensing board's disciplinary process begins when a complaint is made against you. The Dental Board of California receives numerous complaints about different professionals from patients, families, insurance companies, and law enforcement departments. These complaints are submitted through email, the DBC’s website, or the complaint unit.

Investigation

After receiving a complaint against you, the board will perform an initial review to determine whether there is a basis for the complaint. An investigator is then assigned to gather more evidence to support the claims made against you. The investigation phase of your case involves interviewing the complainant and other witnesses. Additionally, the board will issue subpoenas for documents and sites where further investigation needs to be conducted.

Your Response

During the investigation phase of your case, the board will notify you. Learning that you are under investigation by your professional licensing board can be nerve-wracking. However, you must respond with your intentions to fight the allegations. Your interactions with the board after receiving this notice can dictate the outcome of your case. Therefore, it is critical to have expert legal insight.

Stipulated Agreement

If the dental board has sufficient evidence to support the claims against you, they may propose an agreement to bypass the formal hearing. Entering this agreement means you will accept liability for the misconduct and agree to the board's disciplinary actions.

Accepting an agreement proposed by the board is only suitable in some cases. This is because the disciplinary action imposed against your license remains a public record. However, it may be an opportunity for your attorney to negotiate for less severe disciplinary action to allow you to retain your license.

Formal Hearing

If a stipulated hearing is not offered or you do not accept it, the board will schedule and hold an administrative hearing. After presenting your case to the administrative law judge, you can defend yourself against the allegations of misconduct. A reliable defense attorney at your administrative hearing helps protect your rights and represent your best interests.

Final Decision

After a formal hearing, the board reviews the evidence presented in your case before making its final decision. The board can dismiss your case or proceed to impose disciplinary action, depending on the nature of the violation you committed. If you are unsatisfied with the board’s decision, you can file an appeal for a chance at reviewing your case.

Appeal

If you are unsatisfied with the administrative law judge's decision on your case, you can appeal it. You must submit an appeal within sixty days of this decision, giving you a chance for reconsideration by the board.

Disciplinary Action Against Your Dentist License

The DBC will issue disciplinary action against your license if you are found liable for an alleged violation. When imposing different disciplinary measures, the board will consider the following factors:

  • The number of violations you are accused of committing
  • The amount of time that has passed since you committed the violation
  • The impact of the violation on your ability to work in your field
  • The extent of the losses or injuries you caused another person
  • Whether or not your professional violation counts as a criminal offense under California law

Standard disciplinary measures taken by the Dental Board of California include the following:

  • Practice probation. The board limits your professional activities when you are placed on professional probation. However, you will still retain your license. In addition to limitations in your practice, the board will closely monitor your activities. Additional violations while on professional probation can result in the loss of your license.
  • Reprimand. The board may issue a reprimand or warning for less severe violations, which remain part of your record but cannot limit your practice.
  • Administrative fines. The board could impose fines on you if your violation results in financial losses for another party.
  • License suspension. The Dental Board of California can suspend your license if you commit some serious violations. During suspension, you can no longer offer dental services to clients. A license suspension can last up to five years, depending on the severity of your violation.

Find a Reliable License-Defense Attorney Near Me

Dental practitioners play a critical role in ensuring oral health and well-being. They do this by diagnosing and treating various dental issues and helping you maintain proper oral health. Your license, issued by the Dental Board of California, is your ticket to offer dental care services.

As a licensed dentist, a dental hygienist, or a dental assistant, you could face an investigation and potential discipline by the Dental Board of California for various violations. These violations could include fraudulent billing, false advertising, gross negligence, and substance abuse.

Your choice of legal representation as you navigate the license disciplinary process can make a significant difference in the outcome of your case. At Santa Cruz License Attorney, we will help you navigate your administrative hearing, protect your rights, and ensure the best possible outcome in your license defense case.

We serve clients battling professional investigations and potential disciplinary action by their professional licensing board in Santa Cruz, CA. Call us at 831-732-4390 today to discuss the details of your case.