How do I defend an accusation against my California Dental Board license?
Facing license discipline by the California Dental Board? Read this 4-step guide to understand how to best protect yourself.
The InvestigationThe California Dental Board licenses dentists, dental hygienists, and dental assistants. Before the dental board moves to discipline, suspend, or revoke one of these professional dental licenses, they conduct an administrative investigation, which usually involves asking the licensee to make a written statement, and can also involve an in-person interview by an investigator from the California Department of Consumer Affairs.
The AccusationWhen the California Dental Board determines from its investigation that public reproval, discipline, suspension or revocation of a dental license is warranted, it issues a charging document known as an "accusation." The accusation sets forth all of the factual allegations forming the basis for the adverse license action and also the sections of the California Dental Practice Act alleged to be violated.
Temporary Suspension OrderIn more serious dental license cases, the dental board will obtain a temporary suspension order or "TSO" in connection with the accusation. If you are faced with a temporary suspension order by the dental board, call Rose Law at 1-800-456-3767. We have defended dental professionals and other healthcare licensees everywhere in California since 2004.
Notice of DefenseAs soon as the accusation is served on the licensee, a short deadline to respond is triggered. The quality and timeliness of the response, usually in the form of a "notice of defense" accompanied by appropriate legal objections to the accusation, are critical to the ultimate success in the case. If a California Dental Board licensed dentist, dental hygienist, or dental assistant receives an accusation, they should immediately consult with a knowledgeable dental board defense lawyer at 1-800-456-3767. The dental board will usually include a simple "notice of defense" form that the dentist, dental hygienist, or dental assistant can complete and return to request an administrative hearing. Be careful! Many dental professionals mistakenly believe that filling out this simple form and returning is everything they can do to protect themselves at this stage of the proceedings! A more comprehensive attorney-drafted notice of defense should also be filed and served, appropriate legal objections should be lodged, a request for discovery of relevant evidence should be made, any request for discovery made by the dental board's attorney should be responded to, appropriate legal privileges to the production of evidence should be preserved, settlement discussions with the prosecuting attorney or dental board agent should begin, and many other important legal steps. This all must happen very quickly.