Offenses Against This Chapter - Dentistry - Business & Professions - CA

Section § 1700

If someone pretends to be a dentist by assuming a dental degree title they haven't earned or practices dentistry without displaying a proper license, they are committing a crime and can face jail time or a fine. The law also mandates that dental offices provide the dental board with information about who practices there within 10 days if requested. Finally, it is illegal to practice dentistry while under the influence of alcohol or drugs in a way that endangers patient safety.

Any person, company, or association is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand five hundred dollars ($1,500), or by both fine and imprisonment, who:

(a) Assumes the degree of “doctor of dental surgery,” “doctor of dental science,” or “doctor of dental medicine” or appends the letters “D.D.S.,” or “D.D.Sc.” or “D.M.D.” to their name without having had the right to assume the title conferred upon them by diploma from a recognized dental college or school legally empowered to confer the same.

(b) Assumes any title, or appends any letters to their name, with the intent to represent falsely that they have received a dental degree or license.

(c) Engages in the practice of dentistry without causing to be displayed in an area that is likely to be seen by all patients who use the facility, the original or copy of the current license, permit, or registration of each person employed at the facility to practice dentistry.

(d) Within 10 days after demand is made by the executive officer of the board, fails to furnish to the board the name and address of all persons practicing or assisting in the practice of dentistry in the office of the person, company, or association, at any time within 60 days prior to the demand, together with a sworn statement showing under and by what license or authority this person, company, or association and any employees are or have been practicing dentistry. This sworn statement shall not be used in any prosecution under this section.

(e) Is under the influence of alcohol or a controlled substance while engaged in the practice of dentistry in actual attendance on patients to an extent that impairs their ability to conduct the practice of dentistry with safety to patients and the public.

misdemeanor falsely represent dental degree

Section § 1700.5

This law states that if you have a valid dentist certificate in California that hasn’t been taken away or put on hold, you can add 'D.D.S.' after your name, even if your dental school gave you a different degree.

Notwithstanding Section 1700, any person who holds a valid, unrevoked, and unsuspended certificate as a dentist under this chapter may append the letters “D.D.S.” to his or her name, regardless of the degree conferred upon him or her by the dental college from which the licensee graduated.

valid dentist certificate unrevoked certificate unsuspended certificate

Section § 1701

This law makes it illegal to improperly deal with dental licenses, diplomas, or credentials. The first time someone commits these offenses, they are charged with a misdemeanor, facing fines and possibly jail time. Repeated offenses are considered felonies with heavier penalties. The law prohibits selling, buying, or using fake dental documents, practicing dentistry without a license, making false statements in dental applications, and practicing under a false name. Authorities can publicize violations related to these actions on their website.

(a) Any person is for the first offense guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) or more than three thousand dollars ($3,000), or by imprisonment in a county jail for not to exceed six months, or both, and for the second or a subsequent offense is guilty of a felony and upon conviction thereof shall be punished by a fine of not less than two thousand dollars ($2,000) nor more than six thousand dollars ($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both such fine and imprisonment, who:

(1) Sells or barters or offers to sell or barter any dental degree or any license or transcript made or purporting to be made pursuant to the laws regulating the license and registration of dentists.

(2) Purchases or procures by barter any such diploma, license or transcript with intent that the same shall be used in evidence of the holder’s qualification to practice dentistry, or in fraud of the laws regulating such practice.

(3) With fraudulent intent, makes or attempts to make, counterfeits or alters in a material regard any such diploma, certificate or transcript.

(4) Uses, attempts or causes to be used, any such diploma, certificate or transcript that has been purchased, fraudulently issued, counterfeited or materially altered, either as a license to practice dentistry, or in order to procure registration as a dentist.

(5) In an affidavit, required of an applicant for examination, license or registration under this chapter, willfully makes a false statement in a material regard.

(6) Practices dentistry or offers to practice dentistry as it is defined in this chapter, either without a license, or when the license has been revoked or suspended.

(7) Under any false, assumed or fictitious name, either as an individual, firm, corporation or otherwise, or any name other than the name under which the license is issued, the licensee practices, advertises or in any other manner indicates that the licensee is practicing or will practice dentistry, except such name as is specified in a valid permit issued pursuant to Section 1701.5.

(b) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivision (a).

dental license fraud misdemeanor felony

Section § 1701.1

This law makes it illegal to practice or claim to practice dentistry in California without a valid certificate, license, registration, or permit. If someone does this and it creates a risk of physical or mental harm, they can face a fine up to $10,000 and possibly jail time. Helping someone else do this is also illegal and carries the same penalties. The Dental Board can publicly post citations for these violations online. However, this law doesn't limit other legal actions that might also be taken.

(a) Notwithstanding Sections 1700 and 1701, a person who willfully, under circumstances or conditions that cause or create risk of bodily harm, serious physical or mental illness, or death, practices or attempts to practice, or advertises or holds themselves out as practicing dentistry without having at the time of so doing a valid, unrevoked, and unsuspended certificate, license, registration, or permit as provided in this chapter, or without being authorized to perform that act pursuant to a certificate, license, registration, or permit obtained in accordance with some other provision of law, is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment.

(b) A person who conspires with or aids and abets another to commit any act described in subdivision (a) is guilty of a public offense and subject to the punishment described in subdivision (a).

(c) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivisions (a) and (b).

(d) The remedy provided in this section shall not preclude any other remedy provided by law.

unauthorized dentistry risk of bodily harm serious physical illness

Section § 1701.5

This law allows dentists, whether alone or as part of a group or corporation, to practice under a different business name by getting a special permit. To get or renew this permit, dentists need to submit an application with their details, evidence of ownership or lease of the practice location, and the fictitious name they want to use. The name must include terms like 'dental group' or 'dental office.' Dentists must have an active license with no pending actions against it. The permits are valid for two years but can be revoked if conditions are not met. Any changes in the practice, like a dentist leaving or joining, must be reported to the board. If a dentist's license is revoked, their permit also gets suspended or revoked. Fees must be paid, and the permit can be suspended if there's a breach of conditions.

(a) Any dentist who as a sole proprietor, dentists who are organized as an association, partnership, or group, or a dental corporation that desires to practice under any name that would otherwise be in violation of Section 1701 may practice under this name if the dentist, association, partnership, group, or dental corporation obtains and maintains in current status a fictitious name permit issued by the board under this section.

(b) To obtain or renew a fictitious name permit, the dentist, association, partnership, group, or dental corporation shall apply to the board on an application form prescribed by the board and provide all of the following information:

(1) The names, license numbers, and contact information for each applicant engaging in practice under the fictitious name.

(2) The address of the place or establishment, or the portion thereof, where the applicant or applicants practice under the fictitious name.

(3) Evidence that the place or establishment, or the portion thereof, identified in paragraph (2) is owned or leased by the applicant or applicants, and the practice conducted at the place or establishment, or portion thereof, is wholly owned and entirely controlled by the applicant or applicants.

(4) The fictitious name under which the applicant or applicants propose to engage in dental practice that contains at least one of the following designations: “dental group,” “dental practice,” “dental office,” or “dental corporation,” as applicable pursuant to Section 1804, and is in conformity with Section 651 and subdivisions (i) and (l) of Section 1680.

(c) All applicants shall hold an active license that is not subject to any pending license enforcement action.

(d) Initial permit application and renewal fees shall be submitted to the board in accordance with Section 1724.5.

(e) A permit issued under this section by the board shall be issued for a two-year term.

(f) Any permit issued under this section may be revoked or suspended at any time that the board finds that any one of the requirements for original issuance of a permit is no longer being fulfilled by the holder to whom the permit was issued. Proceedings for revocation or suspension shall be governed by Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

(g) A fictitious name permit issued to a dentist as the sole proprietor shall be suspended or revoked in the event the dentist’s license to practice dentistry is suspended or revoked.

(h) In the event charges of unprofessional conduct are filed against a member of an association, or partnership, group, or dental corporation to whom a permit has been issued under this section, proceedings shall not be commenced for revocation or suspension of the permit issued under this section until final determination of the charges of unprofessional conduct and unless the charges have resulted in revocation or suspension of the member’s license, registration, or permit.

(i) Any departures of dentists engaged in practice under the fictitious name shall be reported by the departing dentist to the board within 30 days of such departure. If a departing dentist is the dentist whose family name was used in the fictitious name, the departing dentist shall be removed as a permitholder, as applicable, and the remaining permitholders shall apply to the board to change the fictitious name to remove only the family name of the departing dentist.

(j) If an additional dentist desires to engage in practice under the fictitious name, the fictitious name permit shall be canceled and a new fictitious name permit application shall be submitted to the board.

fictitious name permit dentist practice name permit application

Section § 1702

This law section says that reputable dental colleges in the state, which have been approved by the relevant board, are allowed to award degrees and diplomas without any restrictions from this article.

Nothing in this article shall prohibit the conferring of degrees and the bestowing of diplomas by reputable dental colleges of this State which have been approved by the board.

dental colleges degrees diplomas

Section § 1703

This law allows the board or its members to file a complaint in court for any violations of their chapter. They can also help present the case during the trial. Additionally, it requires the district attorney in each county to prosecute these violations in the county where they happen.

The board, or any member or officer thereof, may prefer a complaint for violation of this chapter, or any part thereof, before any court of competent jurisdiction, and may by its officers, counsel and agents, assist in presenting the law or facts at the trial. The district attorney of each county in this State shall prosecute all violations of this chapter in their respective counties in which the violations occur.

board authority violation complaint court filing

Section § 1705

This law allows the superior court in any county to issue a legal order, called an injunction, to stop a person who doesn't have a license from practicing dentistry. It happens when the board overseeing dentistry requests it.

In addition to the other proceedings provided for in this chapter, the superior court of any county, on application of the board, shall issue an injunction to restrain any unlicensed person from carrying on or conducting the practice of dentistry as defined in this chapter.

unlicensed dentistry practicing dentistry injunction

Section § 1705.5

If someone is breaking or about to break the rules related to dentistry practices, a group of at least ten licensed dentists can ask a court to stop this behavior. The court can issue orders or injunctions to prevent such actions, and the process follows specific legal procedures.

Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the superior court of any county, on application of 10 or more persons holding licenses to practice dentistry issued under this chapter, may issue an injunction or other appropriate order restraining such conduct. Proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.

licensed dentists dental practice rules injunction

Section § 1706

If you're getting dentures made by a dentist, they must be marked with your name unless you don't want them to be. If using your full name isn't practical, initials can be used instead. This mark should be done while making the dentures, and it needs to be permanent and good-looking. The dentist will let you know this is for identification purposes, and you can choose if you want the marking or not. Your dentist will keep a record of these details and can only share this with law enforcement in emergencies or if you allow it.

(a) Every complete upper or lower denture fabricated by a licensed dentist, or fabricated pursuant to the dentist’s work order, shall be marked with the patient’s name, unless the patient objects. The initials of the patient may be shown alone, if use of the name of the patient is not practical. The markings shall be done during fabrication and shall be permanent, legible, and cosmetically acceptable. The exact location of the markings and the methods used to implant or apply them shall be determined by the dentist or dental laboratory fabricating the denture.

(b) The dentist shall inform the patient that the markings are to be used for identification only and that the patient shall have the option to decide whether or not the dentures shall be marked.

(c) The dentist shall retain the records of those marked dentures and shall not release the records to any person except to enforcement officers, in the event of an emergency requiring personal identification by means of dental records, or to anyone authorized by the patient.

dentures patient identification dental records

Section § 1707

This law allows a board to issue a citation if someone is advertising an educational program in California that requires board approval but hasn't been approved. The citation can impose a fine from $50 to $5,000 and may order the person to stop advertising and to have their phone service disconnected. If a person plans to contest the citation, they can request a hearing. If they don't comply with the final correction order, the board will ask the Public Utilities Commission to ensure the phone company disconnects the advertised phone number. Telephone companies are protected from lawsuits if they cut off service as ordered by the Public Utilities Commission.

(a) If upon investigation, the board has probable cause to believe that a person, company, or association is advertising with respect to the offering or provision of an educational program or course that requires board approval without being properly approved by the board to offer or provide the educational program or course, the board may issue a citation in accordance with Section 148.

(b) Each citation issued pursuant to subdivision (a) may contain:

(1) An assessment of an administrative fine. Administrative fines shall range from fifty dollars ($50) to five thousand dollars ($5,000), inclusive, for each violation. Any sanction authorized for activity under this section shall be separate from and in addition to any other civil or criminal remedies.

(2) An order of correction that requires the violator to do both of the following:

(A) Cease the unlawful advertising.

(B) Notify the telephone company furnishing services to the violator to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.

(c) This action is stayed if the person to whom a citation is issued under subdivision (a) notifies the board in writing that they intend to contest the citation. The board shall afford an opportunity for a hearing, as specified in Section 125.9.

(d) If the person to whom a citation and order of correction is issued under subdivision (a) fails to comply with the order of correction after that order is final, the board shall inform the Public Utilities Commission of the violation and the Public Utilities Commission shall require the telephone corporation furnishing services to that person, company, or association to disconnect the telephone service furnished to any telephone number contained in the unlawful advertising.

(e) The good faith compliance by a telephone corporation with an order of the Public Utilities Commission to terminate service issued pursuant to this section shall constitute a complete defense to any civil or criminal action brought against the telephone corporation arising from the termination of service.

board approval unlawful advertising educational program

Dentistry

DentistryOffenses Against This Chapter

Section § 1700

Section § 1700.5

Section § 1701

Section § 1701.1

Section § 1701.5

Section § 1702

Section § 1703

Section § 1705

Section § 1705.5

Section § 1706

Section § 1707

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