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California Medical License Defense Attorney

We defend licensed medical and healthcare professionals in California

California Registered Dental Assistant License Defense Attorney

Dental Board of California License Defense Lawyer

The Dental Board of California, known as the DBC, licenses several thousand Registered Dental Assistants in the State of California. Most California Registered Dental Assistants have minimal or no contact with the enforcement arm of the Dental Board of California. For Registered Dental Assistants who become part of the Dental Board of California’s disciplinary process, the consequences are profound. The Registered Dental Assistant License disciplinary process is complex, procedural and time consuming. Registered Dental Assistants facing the Dental Board of California disciplinary process should seek legal representation from an experienced California Registered Dental Assistant License Defense Attorney.

Dental Board of California Investigation Defense Lawyer

The majority of Dental Board of California investigations begin with the filing of a consumer Complaint. However, Dental Board of California Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Dental Board of California employs sworn Peace Officers and non sworn civilian investigators. These Dental Board 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 Board of California disciplinary process. At the conclusion of a Dental Board 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 Registered Dental Assistant facing a Dental Board of California investigation, contact a California Registered Dental Assistant License Defense Attorney for representation.

California Registered Dental Assistant License Accusation Defense Attorney

A formal Accusation served on a California Registered Dental Assistant serves as notice to a Registered Dental Assistant that the Board intends to revoke the Registered Dental Assistant License. The Registered Dental Assistant, 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 Registered Dental Assistant. A Default will result in the immediate Revocation of the Registered Dental Assistant License.

An Accusation is a serious matter that can result in the suspension or revocation of a Registered Dental Assistant License in California. In many cases, it is possible for Registered Dental Assistants to reach a Stipulated Agreement with the Attorney General’s Office and Dental Board 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).

Registered Dental Assistants facing a Dental Board of California Accusation should contact an experienced California Registered Dental Assistant License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Registered Dental Assistants include:

  • Abandonment of a Patient
  • Accepting Rebates
  • Aiding or Abetting Unlicensed Practice of Dentistry
  • Altering Patient Records
  • Deceptive Advertising
  • Excessive Prescribing of Narcotics
  • Employing Solicitors
  • Failure to Maintain Adequate Records
  • Failure to Refund Overpayments
  • Failure to Report Patient Death
  • Failure to Use a Fail Safe Machine
  • Fraud
  • Gross Negligence
  • Incompetence
  • Misrepresentation
  • Refusal to Treat Patient
  • Repeated Acts of Negligence
  • Sexual Misconduct
  • Subversion of Examination
  • Unlawful Referrals
  • Unsanitary Conditions
  • Use of Drugs or Alcohol Causing Danger to a Patient

California Registered Dental Assistant 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 Board of California can adopt, modify or reject the ALJ’s Proposed Decision. The Dental Board 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 Registered Dental Assistant 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 Registered Dental Assistant 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 Registered Dental Assistants facing a Dental Board of California Administrative Law Hearing need effective representation from a California Registered Dental Assistant License Defense Lawyer.

California Registered Dental Assistant License and Criminal Convictions

The Dental Board of California can discipline Registered Dental Assistants for criminal convictions. Dental Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Registered Dental Assistant. Common criminal offenses that can cause Registered Dental Assistant 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 Board of California and other law enforcement agencies also investigate criminal conduct by Registered Dental Assistants in the course and scope of their practice. Criminal investigations often involve Registered Dental Assistants 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 Registered Dental Assistants pending in Criminal Court, the Dental Board of California and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Registered Dental Assistant. A California Penal Code § 23 Order seeks to suspend a Registered Dental Assistant License in Criminal Court.

Registered Dental Assistants facing criminal charges and Registered Dental Assistants who are convicted of criminal offenses need an experienced California Registered Dental Assistant License Defense Attorney for representation in disciplinary proceedings before the Dental Board of California.

California Registered Dental Assistant License Statement of Issues Attorney

The Dental Board of California thoroughly investigates all applicants for Registered Dental Assistant Licenses. The Dental Board of California may deny a California Registered Dental Assistant License to Dental students and Registered Dental Assistants from other states and countries. Most California Registered Dental Assistant License denials occur due to criminal convictions, financial problems or misstatements on the Registered Dental Assistant 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 Registered Dental Assistant License should contact a California Registered Dental Assistant License Denial Lawyer for representation in a Dental Board of California Statement of Issues Hearing.

California Registered Dental Assistant Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Registered Dental Assistants who have received a Registered Dental Assistant 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 Registered Dental Assistant License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Dental Board of California. A successful Registered Dental Assistant License Petition for Reinstatement requires representation by an experienced California Registered Dental Assistant License Defense Attorney.