Dental Board of California Act Laws & Regulations
It is imperative for any dental professional operating in California to understand the laws and accepted standards of conduct that govern their profession. After all, these laws and regulations were implemented to protect the public. By adhering to them, dental professionals are contributing to a safer society.
There are several laws governing the dental industry in California. They can be found in the California Business and Professions Code, starting at Section 1600.
This section, known as the Dental Practice Act, applies to everyone in dentistry. It regulates all activities pertaining to laboratory standards, standards of care, and protocols regarding licensure.
How Does the Dental Practice Act Define Unprofessional Conduct?
The rules governing unprofessional conduct can be found in the California Business and Professions Code § 1680. According to this section, the DBC can suspend or revoke a license due to any of the following behaviors:
- Obtaining fees through fraudulent activity
- The employment of a suspended or unlicensed dentist or student
- Aiding and abetting an unlicensed individual in the practice of dentistry
- Aiding and abetting a licensed person to practice illegal dentistry
- Sexual misconduct with dental patients
- The use of an alias, unless that alias has been approved per Section 1701.5.
- Receiving rebates, fees, or kickbacks for dental services outside of the office
- Misleading the public in regard to your characterization
- Employing or using solicitors
- Advertising campaigns that violate Section 651
- Advertising painless dental procedures
- Violating any law pertaining to the procurement and dispensing of drugs
- Threatening or harassing patients or other licensees
- Suspension or revocation of a license in another state
- Altering a patient’s records with the intent to deceive
- Unsafe and unsanitary office conditions
- Patient abandonment
- The willful misrepresentation of facts in the context of disciplinary action
- Perpetrating fraud to procure a license
- Engaging in any action or conduct that would result in the denial of a license
- Failure to report a patient’s death during a dental or hygiene procedure
Reports pertaining to the death of a patient that occurred during a dental or hygienic procedure must be submitted to the DBC within seven days. Failure to do so can result in severe consequences.
California Code of Regulations Title 16 § 1019
California Code of Regulations title 16 § 1019 outlines how specific allegations of wrongdoing could be correlated with the licensee’s duties as a dental professional.
It considers any violation to be related to the licensee’s professional duties if the actions therein demonstrate that they are unfit to perform the procedures granted to them through the issuance of the license.
When considering this section, it is important to remember that the goal of the DBC is to protect the public interest. Therefore, if the DBC feels the dental professional’s possession of a license is no longer in the best interests of the public, they will move to take appropriate disciplinary action.
If You Need Representation, Contact S J Harris Law
If you are facing DBC accusations or a disciplinary hearing in which your dental license could be suspended or revoked, contact S J Harris Law today.
We have decades of experience advocating for dental professionals like you and take pride in providing a compassionate, aggressive approach to your defense. Get in touch with us to schedule your initial consultation.