Dental Board of California License Defense Lawyer in San Jose
The Dental Board of California, known as the DBC, licenses approximately 35,000 Dentists in the State of California. Most San Jose Dentists have minimal or no contact with the enforcement arm of the Dental Board of California. For Dentists who become part of the Dental Board of California’s disciplinary process, the consequences are profound. The Dental License disciplinary process is complex, procedural and time consuming. Dentists facing the Dental Board of California disciplinary process should seek legal representation from an experienced San Jose Dental License Defense Attorney.
Dental Board of California Investigation Defense Lawyer in San Jose
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 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 Dentists. 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 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 Dentist facing a Dental Board of California investigation, contact a San Jose Dental License Defense Attorney for representation.
San Jose Dental License Accusation Defense Attorney
A formal Accusation served on a San Jose Dentist serves as notice to a Dentist that the Board intends to revoke the Dental License. The Dentist, 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 Dentist. A Default will result in the immediate Revocation of the Dental License.
An Accusation is a serious matter that can result in the suspension or revocation of a San Jose Dental License. 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) in Oakland. Dentists facing a Dental Board of California Accusation should contact an experienced Dental Board of California License Defense Attorney in San Jose for representation. Dentists in San Jose facing a Dental Board of California Accusation should contact an experienced San Jose Dental License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Dentists include:
San Jose Dental License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. The OAH Oakland Office in Downtown Oakland serves the San Francisco Bay region. In some instances, Hearings are held at locations in Santa Clara County in Cupertino, Palo Alto and San Jose. 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. San Jose Dentists facing a Dental Board of California Administrative Law Hearing need effective representation from a Dental Board of California License Defense Lawyer in San Jose.
San Jose Dental License and Criminal Convictions
The Dental Board of California can discipline Dentists for criminal convictions. Dental Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Dentist. The Dental Board of California and other law enforcement agencies also investigate criminal conduct by Dentists in the course and scope of their practice. Common criminal offenses that can cause Dental License discipline are:
- Diverting a Controlled Substance
- Domestic Violence
- Healthcare Fraud
- Insurance Fraud
- Medi-Cal Fraud
- Medicare Fraud
- Prescription Pill Fraud (Pill Mill)
- Sex Offenses
- Workers Compensation Fraud
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 San Jose Dental License Defense Attorney for representation in disciplinary proceedings before the Dental Board of California. These particular Dental specialties are often the subject of Dental Board of California discipline and criminal charges in San Jose:
- General Practice Dentist
- Maxillofacial Surgeon
- Oral Pathologist
- Oral Surgeon
San Jose Dentist License Denial Statement of Issues Attorney
The Dental Board of California thoroughly investigates all applicants for Dental Licenses. The Dental Board of California may deny a California Dental License to students and Dentists from other states and countries. Most California Dental License denials occur due to criminal convictions, financial problems or misstatements on the Dental 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 License should contact a Dental Board of California License Denial Lawyer in San Jose for representation in a Dental Board of California Statement of Issues Hearing.
San Jose Dentist Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Dentists who have received a Dental 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 License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Dental Board of California. A successful Dental License Petition for Reinstatement requires representation by an experienced Dental Board of California License Defense Attorney in San Jose.