Holding a license in the dentistry industry requires years of rigorous and dedicated training. In addition, the Dental Board of California conducts a thorough and expensive licensing process for prospective dentists to ensure that only competent individuals will serve patients in California. However, all it takes for your hard-earned license to be revoked or suspended is one complaint or mistake.

At the San Jose License Attorney, we are aware of the predicament California dental hygienists, dental assistants, and dentists face when their careers are in jeopardy. We are aware of the laws, rules, and procedures that regulate the administrative procedure that deals with complaints against dental professionals. Our firm is prepared to step in and defend your dental practice, just as we have done for many other dentists, dental assistants, and hygienists who have faced legal challenges across San Jose.

The Role of California Dental Workers

Dental workers provide one of the most essential services in California. They guarantee that our oral cavities work properly, giving you a beautiful healthy smile.

As a result of the advancements in technology, they are now able to provide even more superior dental services because they can use cutting-edge instruments and equipment. This means that to carry out their jobs, dental assistants, hygienists, and dentists need to have exceptional levels of training and experience. They have the necessary knowledge to accurately diagnose and conduct various dental operations.

Dental hygienists receive further training in providing care when getting patients ready for procedures. For instance, they have to be careful when providing anesthesia at the right dosage and take other measures. In addition to their professional duties, they often manage insurance company invoices. Serious consequences may arise from a miscommunication or error made while carrying out these obligations.

Dentists and dental assistants collaborate closely. They play an essential part in a dental clinic. Ensuring the dentist has all they require to take care of a patient is your responsibility as a licensed dental assistant. For instance, you make sure your dentist possesses the equipment they need. If your dentist is not available, you can still assist patients, but only with small procedures.

Patients receiving dental care need to be emotionally and physically ready for treatment. You reassure nervous patients and help them get ready by answering their questions. As a dental assistant, one of your responsibilities is to sterilize the instruments the dentist uses to treat patients. With this level of responsibility, you face issues and grievances that could jeopardize your license.

The Dental Board of California

The Dental Board of California, or DBC, is an arm of the California Department of Consumer Affairs (DCA). Their primary goal is to ensure the public's safety by issuing licenses to more than 100,000 individuals, including dentists, registered dental assistants, as well as Registered Dental Assistants in Extended Functions (RDAEFs). Additionally, the DBC controls the obligations and actions of California unlicensed dental assistants.

The Dental Board of California Enforcement Program seriously looks into complaints, claims of poor quality care, and information about illegal activities. If a licensee violates the Dental Practice Act or any other Dental Board regulation, the DBC has the authority to:

  • Suspend or revoke their license
  • Place them on probation
  • Take other disciplinary action against them

California Dental Hygiene Board

The California DCA also oversees the Dental Hygiene Board of California (DHBC), which is responsible for issuing, examining, and upholding licenses for Registered Dental Hygienists, Registered Dental Hygienists Extended Functions, as well as Registered Dental Hygienists in Alternative Practice.

The goals of the DHBC are to safeguard the general public and provide for every Californian's dental hygiene needs. The board also oversees and approves dental hygiene training programs, prepares Law and Ethics exams, establishes and maintains fees, promulgates regulations, and monitors and authorizes continuing education criteria for every dental hygiene licensing category.

The DHBC Enforcement Program looks into complaints, claims of illegal activities, and reports of criminal activity very seriously. For breaking DHBC statutes and regulations, license holders may have their licenses revoked, suspended, put on probation, or subject to other disciplinary action by the DHBC.

License Defense Attorney for California Dentists, Dental Assistants, and Dental Hygienists

The Dental Hygiene Committee of California (DHCC) and the California Dental Board (CDB) are subject to the California Dental Practice Act. The California Administrative Procedures Act also governs dental-related licenses, just like it does for all professional licenses.

Because of this, inquiries conducted by the DHCC and the CDB are intricate matters, and anyone under investigation—whether a licensee or anyone applying for a license—should retain a knowledgeable, skilled license defense lawyer on their side.

The CDB employs a group of investigators to probe license holders and applicants who are suspected of committing misdemeanors or felonies, fraud, incompetence, or dishonest acts.

The dentist, dental hygienist, or assistant should immediately hire an administrative attorney shortly after the investigators from the Dental Board become involved in the case. If the license holder or their legal representative is unable to stop the Board's inquiry, the case will probably be sent to the office of the attorney general for prosecution, which could result in license suspension or denial.

The procedure starts when the licensee receives a formal complaint, known as an Accusation in the case of license holders or a Statement of Issues in the case of license applicants. The licensee's lawyer should submit a Notice of Defense along with a Request for Discovery in response to the accusation without delay.

The case is then scheduled for an administrative hearing, which is normally held in any one of the Administrative Hearings Offices in California.

California Dental Board's Disciplinary Guidelines

The Dental Board comes up with a series of disciplinary regulations that are intended to be utilized by an administrative law judge (ALJ) during administrative hearings. These hearings are responsible for determining the results of the DBC investigations.

These policies make it abundantly evident that the DBC isn't "on your team" but rather is primarily concerned with the interests of the public and consumers. Their concerns are with maintaining professional and secure dental treatment across the board, not just your specific line of work.

Even if this happens, it is still troubling that many of the complaints made against dental practitioners and other dental staff are untrue, overstated, irrelevant to your capacity to carry out your obligations, or inaccurately reported.

Additionally, in the absence of a competent professional license defense attorney, essential evidence, mitigating circumstances, as well as expert witnesses may never be brought into play. The San Jose License Attorney is here to make sure you have a strong and knowledgeable defense and aren't simply "railroaded" since the board tends to ignore evidence that works to your advantage since they are preoccupied with safety concerns.

The board has a range of disciplinary proceedings at its disposal, which are determined by the specifics of the accusation and any circumstances that may add or remove significance from it. The following are examples of potential professional penalties:

  • Fines and Citations—although this serves as a relatively light punishment, it could harm your chances of attracting prospective clients or landing a job because it will be made public on the DBC's website. That is why it is worth fighting for.
  • Public reprimand—public reprimand, even without a fine, can have similar effects as a citation. It can only be used where there has been no actual injury to the patient.
  • Interim suspension—during the investigation, the board can suspend your professional license if they have reasonable grounds to believe you are about to engage in an unsafe practice. We can assist you in having your interim license suspension lifted if possible so that you can resume practicing. You simply can't "wait out" a temporary suspension, given the length of time investigations might take, ranging from several months to years.
  • Probationary stay of revocation—often, we can try to have a stay on your license revocation and probation imposed instead. If a complete win is not attainable, this could be the most ideal alternative. At the very least, you could continue to practice, although with some probationary conditions and restrictions. Also, we can try to keep your time on probation to a minimum.
  • Revocation or suspension—a license revocation or suspension is likely to be issued if the allegations are especially serious, or when you fail to demonstrate to the licensing board that you plan to contest the accusations and attend any scheduled proceedings. Our attorneys will strive to have a reduction of the period of your license suspension and ensure your revoked professional license is reinstated in as little time as possible.

The licensing board will review the following factors when determining what type of disciplinary measure to administer, if any:

  • Whether the patient suffered actual injury
  • The severity and nature of the offense
  • The potential of the harm caused
  • If you are dealing with one or more allegations
  • Any past disciplinary proceedings on your record
  • Mitigating and aggravating evidence
  • Having a criminal history that "significantly relates to" your profession, the date of your conviction, and whether you completed any court-ordered probation terms
  • Proof of rehabilitation like completing a counseling program, an alcohol or drug abuse program, or advancing your dentistry education

Possible Charges You Could Face

The following is a list of common accusations and complaints you could encounter as a dental professional:

  • Failure to settle a previously imposed citation
  • Refusing to attend to a patient in need of assistance
  • Obtaining your professional license through fraudulent means
  • Failure to provide information about patient referral services
  • Taking "bribes" for prescriptions or utilizing specific dental medications, appliances, or equipment
  • Using misleading or deceptive advertising to attract clients
  • Sexual misconduct or abuse, whether directed at a member of the staff or patient
  • Administering excessive treatments or prescriptions
  • Failure to provide refunds for any excess payments made by patients or insurers
  • Having a physical or mental condition that hinders you from carrying out your duties effectively and safely
  • All types of insurance fraud
  • Negligence, incompetence, or gross negligence in performing dental treatment or refusing to do so
  • Keeping inaccurate, faulty, or deceptive records about patient care or financial matters
  • Providing sedation or general anesthesia without a valid license
  • A conviction for a crime that significantly affects your ability to continue performing dental care activities
  • Failure to properly supervise assistants
  • Allowing dental assistants to perform duties in your clinic without having a valid dental license
  • Performing operations outside of your field of competence or the scope of your licensure
  • Advertise an oral health service that is "100% pain-free" or "guaranteed"
  • Illegally prescribing or trading in controlled substances
  • Alcohol or drug abuse, particularly in the workplace
  • Allowing anybody to use X-ray equipment in a manner that breaches state rules
  • Harassing or threatening past clients to stop them from giving testimony against you or filing a formal complaint
  • Misrepresenting previous disciplinary proceedings against you to prospective patients
  • Keeping your dental facility in an "unsanitary state" that endangers your patients' health
  • Continuing with your activities while your license has expired, been revoked, or suspended
  • Failing to notify the death of a patient under your care
  • Have your out-of-state dental license terminated. This could result in your California license being scrutinized.

This vast list of possible breaches is far from complete, but it demonstrates how diversified the allegations that can be brought against professionals in the dental field.

A professional license attorney understands the specifics of these varied allegations and how to undermine the evidence presented against you in each case. They also understand how the legal system works and can use your complete legal knowledge to fight for your professional license and your career.

Probation Terms

In other cases, there is simply no way to stop the board from imposing some type of discipline. A stay of revocation with a term of practice while your license is "under probation" could offer the best possible outcome. A short suspension period should precede probation, or a condition (such as drug treatment) should be completed before probation begins.

However, even within the realm of probation, a good license lawyer can help you obtain a less severe kind of punishment. There are conventional probationary conditions that apply to all offenders as well, as those that relate to specific types of infractions.

However, some probation requirements are negotiable. This is how an attorney can help make your time on probation easier to handle. Whether or not you need to have your practices supervised, have constant "3rd party chaperone monitors," carry out community service, or have the billing procedures reviewed, for example, could be determined by a plea agreement made with the prosecution and approved by the board and the Administrative Law Judge.

Find a San Jose Professional License Defense Attorney Near Me

If you're a dental assistant, dental hygienist, or dentist facing charges that threaten your professional license, we at San Jose License Attorney are here to help. We have vast experience defending all types of allegations filed against dental professionals with the California Dental Board.

Our attorneys know how to develop a strong defense to secure the best possible result, whether it's a dismissal or a kind of professional disciplinary penalty that is less severe and shorter in duration. We can offer you free consultation services to discuss the specifics of your case as well as begin developing a defense strategy if you choose to retain our services. Call us now at 408-850-3740.