DentistrySuspension and Revocation of Licenses
Section § 1670
If a person with a professional license acts unprofessionally, is incompetent, grossly negligent, or makes repeated mistakes in their work, their license can be revoked, suspended, or they might face other discipline like probation or a reprimand. The board overseeing these professions is responsible for handling such cases and has the authority to enforce the rules as outlined in a specific section of the Government Code.
Section § 1670.1
If a dentist or dental assistant in California is convicted of certain crimes that relate to their professional duties, their license can be revoked, suspended, or they can be reprimanded or put on probation. The conviction record is key evidence in this process. Even if the person pleads guilty or no contest to a felony or relevant misdemeanor, it counts as a conviction for these purposes, regardless of future changes or dismissals of the conviction under certain conditions.
Section § 1670.2
This law section outlines the time limits for the board to file disciplinary actions against a licensee for violations. Normally, they have three years from discovering the issue, or seven years from when the act happened, to take action. However, if the accusation involves fraud, willful misrepresentation, or intentional concealment of incompetence, these time limits don't apply. If the conduct involved affects a minor, the time limits are paused until the minor turns 18. If related to specific actions on or after January 1, 2005, there's a three-year limit from discovery or ten years from the action, depending on which comes first. Additionally, these limits can be paused if needed evidence can't be accessed due to an ongoing criminal investigation.
Section § 1671
This law explains that a professional board in California can discipline a licensed professional by putting them on probation. The terms of probation may include things like additional training, exams, medical evaluations, and possible practice restrictions. Other potential requirements include refunding fees to clients or providing community service instead of serving a suspension.
Section § 1672
If a licensee is put on probation by a professional board, they might have to cover the monitoring costs related to this probation. If they don't pay these costs, their license won't be renewed after probation ends. Moreover, if they haven't paid, they can't get their license back if they've filed for reinstatement.
Section § 1673
Starting July 1, 2020, if a licensed professional is on probation, they must inform their patients about it before their first appointment. This includes details about the probation's length, restrictions, and where patients can find more information. Disclosure is required if the probation results from serious issues like sexual misconduct, substance abuse affecting patient safety, or certain criminal convictions. However, there are exceptions, such as for emergency room visits or when the patient is unable to comprehend the disclosure. Additionally, the details of the licensee's probation must be displayed on their profile on the board's website.
Section § 1678
When a license is revoked, the board will record this on its files and label the license as canceled starting from the day it was revoked.
Section § 1680
This law outlines what behaviors are considered unprofessional for dentists. It includes actions like cheating patients out of fees, letting unlicensed people practice, false advertising, and unsafe practices. It also covers excessive drug prescriptions, threats against witnesses in legal cases, tampering with patient records, and failure to report patient deaths during procedures. Plus, it highlights the need for maintaining sterile equipment and following infection control guidelines. If dentists engage in these kinds of conduct, they might face fines or even imprisonment.
Section § 1681
This law says that if someone with a professional license under this chapter does any of the following, it's considered unprofessional conduct: (a) having or using controlled substances or dangerous drugs illegally or without a doctor's approval; (b) using drugs or alcohol in a way that could harm themselves, others, or the public, or affect their ability to do their job safely; or (c) being convicted of crimes related to drug or alcohol use that are related to their professional practice. Such a conviction is enough proof of breaking this rule, and it can lead to their license being suspended or revoked.
Section § 1682
This law outlines what dentists in California must do to ensure patient safety during procedures involving sedation or anesthesia. Dentists can't have more than one sedated patient at a time unless each is monitored one-on-one by a qualified professional. Patients recovering from sedation must be monitored in the same room, with up to three patients per recovery staff member. During procedures, patients must be monitored with devices like a pulse oximeter and some additional methods. Dental staff must be CPR certified if involved with sedated patients. Dentists must obtain written consent before giving sedation or anesthesia, and for minors, consent must include detailed risks and options. This law doesn’t change existing standards for sedation or anesthesia care.
Section § 1683
If you're a dentist or any dental health professional who works in a dental office, you need to make sure you sign or initial next to the services you perform in each patient's record and include the date. If you own or manage the dental office, it's your job to ensure everyone follows this rule. Not doing this multiple times is considered unprofessional conduct.
Section § 1683.1
If you're getting dental services via telehealth in California, the provider must give you the name, phone number, practice address, and license number of any dentist involved before you receive services and if you ask for it. Not doing this is considered unprofessional conduct.
Section § 1683.2
Section § 1684
This law states that it's considered unprofessional conduct for licensed individuals to offer or perform services beyond what their dental license and expertise allow. They shouldn't use tools or devices in ways that don't meet the standard dental practices. However, the law doesn't apply to research done by accredited dental schools or under certain FDA allowances.
Section § 1684.1
This law section explains penalties for dentists, dental licensees, and health care facilities that fail to provide dental records as requested. If a dentist or facility doesn't give requested records with proper authorization within the required time, they face daily fines that can add up to thousands of dollars. If they fail to comply with a court order for these documents, they could face higher fines, potential misdemeanor charges, and additional penalties like license suspension or revocation. The penalties are imposed according to specific administrative procedures, and the law defines what kinds of facilities it covers.
Section § 1684.5
Under this law, dentists must treat only patients who are already their patients of record, except in certain cases where a dental auxiliary can perform initial diagnostic procedures. Specific tasks like emergency radiographs or inspections can be done by qualified auxiliaries before a dentist's examination. For dental treatments done outside of the dentist's own practice, it's the dentist's duty to notify the patient in writing about who authorized the care. Dentists can supervise a limited number of certain dental assistants and hygienists at once, and some exclusions apply, such as temporary exams at public events or specific school programs.
Section § 1685
This law states that dental professionals in California must not engage in unethical behavior by delivering care that denies necessary treatment, allows for excessive or unnecessary treatment, or involves negligence or incompetence. Dentists have to follow the accepted community standards for patient care.
Section § 1686
If your professional license or permit has been revoked, suspended, or affected by another disciplinary action, you can ask the board to reconsider or change the penalty after certain waiting periods. Depending on the nature of the original problem, you need to wait at least one, two, or three years before making your request. During the review, the board or a judge will look at your behavior since the action, the original offense, your past professional conduct, and any efforts to rehabilitate. Certain conditions like being on probation or facing further accusations mean you're not eligible to apply. The board retains discretion to set terms if your license is reinstated or the penalty is changed.
Section § 1687
This law dictates that the licensing board must deny or revoke the professional licenses of individuals who are required to register as sex offenders. They cannot apply for a new license nor have a revoked license reinstated. There are exceptions: those whose sex offender registration has been officially terminated, those registered for certain minor offenses, and cases decided before 2008. However, a new proceeding for reinstatement is governed by current rules.