Dental Board of California Dentist Sexual Misconduct Defense Attorney
The Dental Board of California, known as the DBC, vigorously investigates and disciplines Dentists accused of Sexual Misconduct. An allegation of Sexual Misconduct or Sexual Abuse against Dentists in California can have profound consequences. Consequences can include Dental License revocation by the Dental Board of California and even criminal charges. The California Business & Professions Code Section prohibits Sexual Misconduct. Sexual Misconduct is broadly defined. Sexual Misconduct includes, but is not limited to, the following acts:
- Indecent Exposure
- Lewd Acts With a Child
- Lewd Conduct
- Oral Copulation
- Penetration by a Foreign Object
- Sexual Abuse
- Sexual Assault
- Sexual Battery
- Sexual Relations with a Patient, Client or Customer
- Solicitation of Prostitution
Thus, even consensual sexual relations between a Dentist and a patient in California is grounds for disciplinary action against the Dentist by the Dental Board of California. California Business & Professions Code Section 729 further prohibits Sexual Exploitation by a Dentist in California. California Dentists facing Sexual Abuse or Sexual Misconduct allegations should contact an experienced Dental Board of California License Defense Attorney for representation.
Dental Board of California Sexual Misconduct Investigation Defense Lawyer
The majority of Dental Board of California Sexual Misconduct Investigations begin with the filing of a criminal conviction. However, Dental Board of California Sexual Misconduct Investigations also occur through sting operations, consumer complaints 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 sexual misconduct investigations against Dentists. These employees investigate criminal and administrative law violations related to Sexual Abuse or Sexual Misconduct committed by Dentists. 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 Sexual Misconduct violations related to Sexual Abuse and Sexual Misconduct. 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 Sexual Misconduct 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 a Sexual Misconduct violation against a patient, contact a California Dental License Defense Attorney for representation.
California Dental License Sexual Assault 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 substantiated allegation of Sexual Assault or Sexual Misconduct by a Dentist almost always results in the filing of a disciplinary Accusation.
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 Sexual Misconduct 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 Sexual Misconduct
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 Sexual Assault Criminal Charges and Dental Board of California Discipline
The Dental Board of California can discipline Dentists for Sexual Misconduct 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 Sexual Misconduct crimes 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 Sexual Assault or Sexual Battery. 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.