Dental Board of California Dental License Discipline for Prescription Pill Overprescribing
Dental Board of California Dentist Overprescribing Prescription Pills Defense Attorney
The Dental Board of California, known as the DBC, vigorously investigates and disciplines Dentists accused of Overprescribing Prescription Narcotics. Allegations of Overprescribing Prescription Drugs and Prescription Pill Fraud against Dentists in California can have profound consequences. Consequences can include Dental License revocation by the Dental Board of California and even criminal charges. California Business & Professions Code Sections 2238, 2239 and 2280 include the prohibition of the following acts involving Prescription Narcotics and Prescription Pills:
- Diverting Controlled Substances or Prescription Narcotic Pills
- Excessive Use of Controlled Substances
- Illegal Sales of Controlled Substances
- Practice Under the Influence of Narcotics
- Violation of Drug Statutes
Prescription Narcotics include, but are not limited to, the following:
Thus, even prescription pill and prescription narcotic related violations that do not result in criminal prosecution are grounds for disciplinary action against the Dentist by the Dental Board of California. California Dentists facing Pill Mill and drug violation allegations should contact an experienced Dental Board of California License Defense Attorney for representation.
Dental Board of California Overprescribing Narcotics Criminal Investigation Defense Lawyer
The majority of Dental Board of California Pill Mill Investigations begin with the filing of a consumer Complaint. However, Dental Board of California Overprescribing Prescription Narcotics Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The Dental Board 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 Pill Mill Investigations against Dentists. These employees investigate criminal and administrative law violations related to Overprescribing Prescription Narcotics and Prescription Pill Fraud committed by Dentists against patients. 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 issues faced by Dentists facing disciplinary action for Overprescribing Medication. 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 Overprescribing Narcotics cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Dentist facing a Dental Board of California Investigation for Overprescribing Prescription Narcotics, contact a California Dental License Defense Attorney for representation.
California Dental License Overprescribing Medication Accusation Defense Attorney
A formal Accusation served on a California Dentist serves as notice to a Dentist that the Dental Board of California intends to revoke the Dental License. A criminal conviction for the following Prescription Narcotic criminal charges against a Dentist will result in the filing of a disciplinary Accusation:
- Altering a Prescription
- Diversion of Controlled Substances or Prescription Narcotic Pills
- Driving Under the Influence of Narcotics (DUI Narcotics)
- Forgery of a Prescription
- Possession for Sale of a Controlled Substance
- Possession for Sale of Prescription Narcotic Pills
- Substance Abuse Fraud
- Public Intoxication Under the Influence of Narcotics
- Trafficking Substance Abuses
An Accusation is a serious matter that can result in the suspension or revocation of a Dental License in California. In many cases, it is possible for Dentists 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). Disciplinary Accusations involving Overprescribing Prescription Drugs can result in revocation of a Dental License by the Dental Board of California. Dentists facing a Dental Board of California Accusation should contact an experienced California Dental License Defense Attorney for representation.
California Dental License Hearing For Overprescribing Prescription Narcotic Medication
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 Dentist 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 Dentist 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 Dentists facing a Dental Board of California Administrative Law Hearing need effective representation from a Dental Board of California License Defense Lawyer.
California Dentist Prescription Pill Mill Defense Attorney
The Dental Board of California can discipline Dentists for operation of a Pill Mill that rises to the level of criminal activity, but violates an Administrative Law regulation. The Dental Board of California disciplinary process is separate from the Criminal Law process. The Dental Board of California can discipline Dentists for certain criminal convictions. Dental Board of California Dentist discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Dentist. All crimes involving Pill Mills are substantially related to the duties, functions and qualifications of a Dentist.
The Dental Board of California and other law enforcement agencies often conduct criminal investigations against Dentists for Overprescribing Prescription Drugs and Operation Pill Mills. In serious criminal cases against Dentists 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 Dentist. A California Penal Code § 23 Order seeks to suspend a Dental License in Criminal Court. Dentists facing criminal charges and Dentists who are convicted of criminal offenses need an experienced California Dental License Defense Attorney for representation in disciplinary proceedings before the Dental Board of California.