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California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Dental Hygienist License Defense Attorney

Dental Hygiene Committee of California License Defense Lawyer

The Dental Hygiene Committee of California, known as the DHCC, licenses approximately 20,000 Dental Hygienists in the State of California. Most California Dental Hygienists have minimal or no contact with the enforcement arm of the Dental Hygiene Committee of California. For Dental Hygienists who become part of the Dental Hygiene Committee of California’s disciplinary process, the consequences are profound. The Dental Hygienist License disciplinary process is complex, procedural and time consuming. Dental Hygienists facing the Dental Hygiene Committee of California disciplinary process should seek legal representation from an experienced California Dental Hygienist License Defense Attorney.

Dental Hygiene Committee of California Investigation Defense Lawyer

The majority of Dental Hygiene Committee of California investigations begin with the filing of a consumer Complaint. However, Dental Hygiene Committee of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Dental Hygiene Committee of California utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Dental Hygienists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the Dental Hygiene Committee of California disciplinary process. At the conclusion of a Dental Hygiene Committee of California investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Dental Hygienist facing a Dental Hygiene Committee of California investigation, contact a California Dental Hygienist License Defense Attorney for representation.

California Dental Hygienist License Accusation Defense Attorney

A formal Accusation served on a California Dental Hygienist serves as notice to a Dental Hygienist that the Board intends to revoke the Dental Hygienist License. The Dental Hygienist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Dental Hygienist. A Default will result in the immediate Revocation of the Dental Hygienist License.

An Accusation is a serious matter that can result in the suspension or revocation of a Dental Hygienist License in California. In many cases, it is possible for Dental Hygienists to reach a Stipulated Agreement with the Attorney General’s Office and Dental Hygiene Committee of California. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Dental Hygienists facing a Dental Hygiene Committee of California Accusation should contact an experienced California Dental Hygienist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Dentistal Hygienists include:

  • Accepting or Receiving a Commission
  • Advertising to Perform Painless Service
  • Aiding or Abetting Unlicensed Dental Hygiene Practice
  • Altering Patient Records
  • Employing or Using Solicitors
  • Excessive Administration of Drugs or Treatment
  • Failure to Report Patient Death
  • False or Misleading Advertising
  • Gross Negligence
  • Negligence
  • Obtaining Any Fee by Fraud or Misrepresentation
  • Obtain or Possess Any Controlled Substance
  • Repeated Acts of Negligence
  • Sexual Misconduct With a Patient
  • Unprofessional Conduct
  • Unsafe or Unsanitary Office Conditions
  • Use of a Controlled Substance
  • Willful Misrepresentation of Facts

California Dental Hygienist License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The Dental Hygiene Committee of California can adopt, modify or reject the ALJ’s Proposed Decision. The Dental Hygiene Committee of California’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Dental Hygienist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Dental Hygienist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Dental Hygienists facing a Dental Hygiene Committee of California Administrative Law Hearing need effective representation from a California Dental Hygienist License Defense Lawyer.

California Dental Hygienist License and Criminal Convictions

The Dental Hygiene Committee of California can discipline Dental Hygienists for criminal convictions. Dental Hygiene Committee of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Dental Hygienist. Common criminal offenses that can cause Dental Hygienist License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The Dental Hygiene Committee of California and other law enforcement agencies also investigate criminal conduct by Dental Hygienists in the course and scope of their practice. Criminal investigations often involve Dental Hygienists engaged in Possession for Sale of a Controlled Substance, Prescription Pill Fraud and Unlicensed Practice of Dentistry (Practicing Dentistry Without a License). In serious criminal cases against Dental Hygienists pending in Criminal Court, the Dental Hygiene Committee of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Dental Hygienist. A California Penal Code § 23 Order seeks to suspend a Dental Hygienist License in Criminal Court.

Dental Hygienists facing criminal charges and Dental Hygienists who are convicted of criminal offenses need an experienced California Dental Hygienist License Defense Attorney for representation in disciplinary proceedings before the Dental Hygiene Committee of California.

California Dental Hygienist License Statement of Issues Attorney

The Dental Hygiene Committee of California thoroughly investigates all applicants for Dental Hygienist Licenses. The Dental Hygiene Committee of California may deny a California Dental Hygienist License to Dental Hygienist students and Dental Hygienists from other states and countries. Most California Dental Hygienist License denials occur due to criminal convictions, financial problems or misstatements on the Dental Hygienist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Dental Hygienist License should contact a California Dental Hygienist License Denial Lawyer for representation in a Dental Hygiene Committee of California Statement of Issues Hearing.

California Dental Hygienist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Dental Hygienists who have received a Dental Hygienist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Dental Hygienist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Dental Hygiene Committee of California. A successful Dental Hygienist License Petition for Reinstatement requires representation by an experienced California Dental Hygienist License Defense Attorney.