THE DENTAL BOARD OF CALIFORNIA DISCIPLINES DENTISTS AND THEIR REGISTERED DENTAL ASSISTANTS
The Dental Board of California files around eighty (80) new accusations against dentists (DDS), registered dental assistants (RDA), and registered dental assistants in extended functions (RDAEF) a year. This relatively small number of accusations may give the allusion that the Board is not as active as other professional regulatory bodies. However, dental accusations tend to be more complex or fact specific than the accusations of other regulatory bodies. As dental accusations can be complex, you may desire to have an attorney parse over the accusation and defend you. If so, Malakauskas Law APC can help.
COMMON CAUSES OF DISCIPLINE FOR DENTISTS (DDS)
Dentists can face board discipline based upon a wide variety of conduct. The Dental Board of California has discretion to discipline individuals on a case-by-case basis. Nevertheless, certain conduct appears to show up in disciplinary proceedings more than others. Common causes of discipline for dentists include:
- Dishonest Billing Practices: Dentists may be disciplined when they are accused of overcharging patients or insurance carriers for procedures not performed or products not used.
- Encouraging Excessive or Improper Diagnostic Procedures and Treatment: Although dentists are required to be diligent in their work, encouraging excessive diagnostic procedures or treatments, without trying or considering more conservative approaches, may result in Board discipline.
- Procedures or Treatment Errors: There are numerous ways to be disciplined due to procedure or treatment errors. Accusations alleging procedure or treatment errors tend to be more narrowly tailored to a specific individual’s conduct.
- Lack of Follow Up After Serious Procedure or Condition: Failing to follow up with a patient to ensure their well being after either treating a patient with a serious condition or performing a serious procedure may results in discipline.
- Sedation Issues: Sedation is an area that is easy to make errors or mistakes that lead to discipline. Prescribing or administering drug dosages above the recommended guidelines is a common cause of discipline. In addition, failing to perform preoperative evaluations, postoperative evaluations, or properly managing a patient during sedation will also lead to discipline.
- Record Keeping Errors or Inadequacies: Billing, consent, treatment plans, treatment options, procedures performed, chart notation, X-ray commentary, medical history, and risk/benefits assessments are all areas that should be documented. Failing to create and maintain detailed records is a common cause of discipline.
- Patient Abandonment: If a dentist does not complete patient treatment that requires multiple patient visits, and fails to give the patient either proper notice of disengagement or an alternative treating provider, the dentist will likely be disciplined by the Board.
- Failure to Report to the Board: If a dentist fails to report to the Board a criminal conviction, questionable conduct, or a significant and, or, important medical error the dentist may be disciplined by the Board.
- Failure to Comply with Mental or Physical Examination: When a dentist engages in certain conduct that in the Board’s opinion may affect the fitness of a dentist to practice, the Board may require the dentist to undertake a mental or physical examination. If the dentist refuses to undertake the examination they will be disciplined.
COMMON CAUSES OF DISCIPLINE FOR REGISTERED DENTAL ASSISTANTS (RDA) AND REGISTERED DENTAL ASSISTANTS IN EXTENDED FUCNTIONS (RDAEF)
Dentists are seen as the ultimate authority is the dental office. Therefore, most accusations for malpractice or lack of proper oversite are alleged against a dentist. By contrast, when registered dental assistants or registered dental assistants in extended functions are disciplined, it is usually for more private conduct or conduct of a more personal nature. Below are common causes of discipline for registered dental assistants and registered dental assistants in extended functions:
- Driving Under the Influence: The Dental Board of California takes driving under the influence very seriously. Driving under the influence is a quick way to be disciplined by the board and potentially lose your license. When an individual is disciplined for driving under the influence the Board often refers to it as a “dangerous use of alcohol” or a “conviction involving alcohol consumption.”
- Unlawful Possession or Administration of a Controlled Substance: Disciplinary hearings for unlawful possession of controlled substances are very common. In addition to hearings that are corollary to such possession such as forging prescriptions or illegal acts to obtain the controlled substances.
- Domestic or Minor Crimes: Conviction of a domestic or minor crime often leads to discipline.
WHAT SHOULD YOU DO IF YOU ARE BEING INVESTIGATED BY THE DENTAL BOARD OF CALIFORNIA?
If you are being investigated by the Dental Board of California you will likely be contacted by them or one of their agents. An instinctive reaction to being investigated is to become dismissive or unresponsive to the Board. However, this would be a mistake as the Board is deliberate, diligent, and thorough in their actions. Rather than be passive during the investigation you may want an attorney by your side.
Having an attorney by your side during the investigation can help you:
- Feel More Confident: As this will probably be a new experience for you, you will likely feel overwhelmed. Having an attorney by your side will help you feel more confident as the process is explained to you.
- Understand the Investigator’s Intentions: Based upon the actions of the investigator, an attorney may be able to figure out the investigator’s intentions and what conduct you will likely be accused of.
- Prevent Self-Incrimination: Having an attorney by your side will help you from accidently self-incriminating yourself.
- Prevent Perjury Traps: Dishonesty is a form of professional misconduct for which you can be disciplined. If an investigator believes that you have been dishonest, they may add that allegation to your accusation. Having an attorney help you can prevent the investigator from accusing you of dishonesty.
- Help with Exonerating Evidence: An attorney conducting their own investigation into the facts may result in uncovering evidence that exonerates you or portrays the facts from a more favorable perspective.
- Potentially Resolve the Case: An attorney may be able to convince the investigator that you have not violated any laws and steer the investigator towards evidence or facts which allow the investigator to reach the proper conclusion.
WHAT LAWS ARE DENTISTS AND REGISTERED DENTAL ASSISTANTS DICIPLINED UNDER?
If the Dental Board of California determines that you have violated the law, you will be served with an accusation at a later date. When you are served with an accusation, the accusation will most likely (but not necessarily) reference California Business and Professions Code §§1670, 1680, 1681 and, or, 1685. California Business and Professions Code §1670 allows the Board to revoke, suspend, reprimand or place on probation a dentist or registered dental assistant for “unprofessional conduct”, “incompetence”, “gross negligence” or “repeated negligence”. California Business and Professions Code §1680 goes on to define thirty-four (34) different types of conduct that qualify as “unprofessional conduct”. California Business and Professions Code §1681 expands upon “unprofessional conduct” to refer to various actions related to controlled substances while §1685 basically expands upon “unprofessional conduct” in reference to excessive treatments.
POSSIBLE OUTCOMES AFTER FACING AN ACCUSATION
When confronted with an accusation, you are faced with a variety of possible outcomes. The outcomes range from being inconvenienced by the whole process to losing your license and owing thousands of dollars. Below is a list of the outcomes you may face:
- Win/Accusation Withdrawn: You may win at the administrative hearing and, or, have the accusation against you withdrawn.
- Revocation: You may face losing your license and losing your career.
- Voluntary Surrender: In some circumstances, you may decide that voluntarily surrendering your license is the best resolution of the matter.
- Suspension: You may face being prevented from practicing your career for a fixed amount of time.
- Probation: You may be put on probation subject to certain conditions.
- Public Reproval: You may face being publicly reproved on your permanent record.
- Fines: You may be required to pay the costs of the investigation and enforcement of the accusation.
Obviously, the best possible outcome is to win your case and, or, have the accusation withdrawn. However, depending on the facts of the case and the evidence presented, that may not be possible. Some of the other outcomes should still be seen as victories depending on the circumstances.
Hearings before the Dental Board of California can occur quickly relative to the Court system. If you wish to challenge or contest the Accusation, you must file a Notice of Defense with the Dental Board of California within fifteen (15) days of being served with the Accusation. California Government Code §11506(c). Failure to file a notice of defense will constitute a waiver of your right to a hearing. Therefore, it is imperative that you act quickly to protect your rights. Malakauskas Law, APC, can get started on filing your Notice of Defense today.
WHAT IF YOU MISSED THE DEADLINE TO FILE A NOTICE OF DEFENSE?
If you missed the deadline to file a Notice of Defense, you may still be able to have a hearing. The Dental Board of California may “in its discretion” grant you a hearing. Nevertheless, the more prudent action is to file your Notice of Defense within the fifteen (15) days.
WHAT IF YOUR ACCUSATION HAS ALREADY BEEN LITIGATED AND YOU ARE ON PROBATION? WHAT IF YOUR PROBATION HAS BEEN THREATENED? CAN YOU END YOUR PROBATION EARLY?
The information above has explained the investigative process and accusations. However, what if you are far past the accusation process and have already received a disciplinary order. Perhaps you are on probation. If you are on probation, you must diligently follow all of your probation requirements. The Dental Board of California will file yet another accusation or a petition to revoke your probation if you violate probationary terms. However, regardless of whether an accusation or a petition is filed, you will have a right to a hearing. You are also entitled to have an attorney represent you at the hearing. Imagine the comfort and confidence you will feel in having a strong advocate at your side.
However, what if you have not violated any of the terms of probation but rather desire to end probation prematurely or change its terms? California Business and Professions Code §1686 allows you to petition the Dental Board of California for an early termination of your probation or to modify the conditions of probation. Malakauskas Law, APC, can evaluate your case to see if you qualify for either. If you do qualify, Malakauskas Law, APC, can start the process today.
IF YOU ALREADY LOST YOUR LICENSE, CAN YOU REINSTATE YOUR LICENSE?
What if you surrendered your license or your license has already been revoked? Perhaps you deeply regret losing your license. Visualize how amazing it will feel to get it back. Do you wish you could get it back? If so, you may be able to file a petition to reinstate your license. You are allowed to petition to the Dental Board of California under Government Code §1686 to reinstate your license. Similar to the accusation process, your petition will likely be determined by a hearing in front of an administrative law judge. You will have to prepare the petition and provide testimony. Malakauskas Law, APC, can get started on your petition today and advocate for you during the hearing. Fighting to help you reclaim your license.
You are already reading this as you desire more information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.