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Regulations - Chapter 1, Article 5

TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS
DIVISION 10. DENTAL BOARD OF CALIFORNIA
CHAPTER 1. GENERAL PROVISIONS APPLICABLE TO ALL LICENSEES
ARTICLE 5. CRITERIA FOR EVALUATING REHABILITATION/SUBSTANTIAL RELATIONSHIP

Section 1018.1. Criteria for Appointment as Agent of the Board.
Section 1019. Substantial Relationship Criteria.
Section 1020. Criteria for Evaluating Rehabilitation.

Section 1018.1. Criteria for Appointment as Agent of the Board.
(a) For purposes of this article, an Agent of the Board is a licensed dental professional or other licensed health care professional, whom the Board has authorized to perform delegable duties or functions. The Board may appoint an Agent to serve in one or more of the following capacities:
  1. (1) Conduct on-site evaluations to assess the competency of the general anesthesia and conscious sedation permit holders;
  2. (2) Aid in the administration of examinations to determine the competency of applicants for licensure;
  3. (3) Review written statements, dental records, radiographs and other documents to evaluate the quality of care delivered by licensees who are the subject of complaints received by the Board;
  4. (4) Serve on the Examination Committee;
  5. (5) Serve on the Diversion Evaluation Committee;
  6. (6) Testify in criminal court and administrative hearings as an expert witness;
  7. (7) Serve on ad hoc committees created by the Board; and or
  8. (8) Perform any other function which the Board is authorized to delegate to an Agent.
(b) An Agent shall:
  1. (1) Hold a valid and current license in good standing issued by the Board or, if necessary to perform the functions delegated, by another healing arts board under the Department of Consumer Affairs;
  2. (2) Not be the subject of an on going occupational or professional investigation, unresolved complaint, or pending disciplinary action;
  3. (3) Not hold a license which is currently on probation, or which has been on probation within two years prior to appointment by the Board.
(c) The Board may temporarily remove the delegation of authority to an Agent, or may remove an Agent directly from his or her appointment for acts which include but are not limited to:
  1. (1) Be the subject of an ongoing investigation, or unresolved complaint, or a pending disciplinary action;
  2. (2) Have his or her professional license placed on probation by the Board or other licensing agency;
  3. (3) Allow his or her license to become delinquent or be cancelled;
  4. (4) Be convicted of a crime substantially related to the practice of dentistry;
  5. (5) Perform his/her Board-delegated functions in a negligent, incompetent or dishonorable manner.

Note: Authority cited: Section 1614, Business and Professions Code. Reference: Sections 10 and 1614, Business and Professions Code.

HISTORY
  1. New section filed 6-17-98; operative 7-17-98 (Register 98, No. 25).

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Section 1019. Substantial Relationship Criteria.
For the purposes of denial, suspension or revocation of a license of a dentist or a dental auxiliary pursuant to Division 1.5 (commencing with Section 475) of the Code, a crime or act shall be considered to be substantially related to the qualifications, functions, or duties of a dentist or dental auxiliary if to a substantial degree it evidences present or potential unfitness of a licensee to perform the functions authorized by his license in a manner consistent with the public health, safety, or welfare. Such crimes or acts shall include but not be limited to, those involving the following:
  1. (a) Any violation of Article 6, Chapter 1, Division 2 of the Code except Sections 651.4, 654 or 655.
  2. (b) Any violation of the provisions of Chapter 4, Division 2 of the Code.

Note: Authority cited: Sections 481 and 1614, Business and Professions Code. Reference: Section 481, Business and Professions Code.

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Section 1020. Criteria for Evaluating Rehabilitation.
(a) When considering the denial of a license under Section 480 of the Code, the board in evaluating the rehabilitation of the applicant and his present eligibility for a license, will consider the following criteria:
  1. (1) The nature and severity of the act(s) or crime(s) under consideration as grounds for denial.
  2. (2) Evidence of any act(s) committed subsequent to the act(s) or crime(s) under consideration as grounds for denial which also could be considered as grounds for denial under Section 480 of the Code.
  3. (3) The time that has elapsed since commission of the act(s) or crime(s) referred to in subdivision (1) or (2).
  4. (4) The extent to which the applicant has complied with any terms of parole, probation, restitution, or any other sanctions lawfully imposed against the applicant.
  5. (5) Evidence, if any, of rehabilitation submitted by the applicant.
(b) When considering the suspension or revocation of a license on the grounds of conviction of a crime, the board, in evaluating the rehabilitation of such person and his present eligibility for a license will consider the following criteria:
  1. (1) The nature and severity of the act(s) or offense(s);
  2. (2) Total criminal record;
  3. (3) The time that has elapsed since commission of the act(s) or offense(s);
  4. (4) Whether the licensee has complied with any terms of parole, probation, restitution or any other sanctions lawfully imposed against the licensee;
  5. (5) If applicable, evidence of expungement proceedings pursuant to Section 1203.4 of the Penal Code;
  6. (6) Evidence, if any of rehabilitation submitted by the licensee.

(c) When considering a petition for reinstatement of a license, the board shall evaluate evidence of rehabilitation, considering those criteria of rehabilitation listed in subsection (b).

Note: Authority cited: Sections 482 and 1614, Business and Professions Code. Reference: Section 482, Business and Professions Code.