_____________________________________________________________ The California Dental Practice Act
Section 1685. In addition to other acts constituting unprofes- sional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to require, either directly or through an office policy, or knowingly permit the delivery of dental care that discourages necessary treatment or permits clearly excessive treatment, incompetent treatment, grossly negligent treatment, repeated negligent acts, or unneces- sary treatment, as determined by the standard of practice in the community. CCR Section 1018.05 Unprofessional Conduct Defined. In addition to those acts detailed in Business and Professions Code Sections 1670, 1680, 1681 and 1682, the following shall also constitute unprofessional conduct: (a) Failure to provide records requested by the Board within 15 days of the date of receipt of the request or within the time specified in the request, whichever is later, unless the licensee is unable to provide the documents within this time period for good cause. For the purposes of this section, “good cause” includes physical inability to access the records in the time allowed due to illness or travel. (b) Failure to report to the Board, within 30 days, any of the following: 1. The bringing of an indictment or information charg- ing a felony against the licensee. 2. The conviction of the licensee, including any verdict of guilty, or pleas of guilty or no contest, of any felony or misdemeanor. 3. Any disciplinary action taken by another professional licensing entity or authority of this state or of another state or an agency of the federal government or the United States military. 4. For the purposes of this section, “conviction” means a plea or verdict of guilty or a conviction following a plea of nolo contendere or “no contest” and any conviction that has been set aside or deferred pursu- ant to Sections 1000 or 1203.4 of the Penal Code, including infractions, misdemeanors, and felonies. “Conviction” does not include traffic infractions with a fine of less than one thousand dollars ($1,000) unless the infraction involved alcohol or controlled substances. VIOLATIONS AND PENALTIES As discussed, various acts or omissions can be cause for revo- cation or suspension of a license. Violation of any section of the Dental Practice Act can also lead to civil and criminal prosecution, including [1]:
Section 1700. Any person, company, or association is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not less than 10 days nor more than one year, or by a fine of not less than one hundred dollars ($100) nor more than one thousand five hundred dol- lars ($1,500), or by both fine and imprisonment, who: (a) Assumes the degree of “doctor of dental surgery,” “doc- tor of dental science,” or “doctor of dental medicine” or appends the letters “DDS,” or “DDSc” or “DMD” to his or her name without having had the right to assume the title conferred upon him or her by diploma from a recognized dental college or school legally empowered to confer the same. (b) Assumes any title, or appends any letters to his or her name, with the intent to represent falsely that he or she has received a dental degree or license. (c) Engages in the practice of dentistry without causing to be displayed in an area that is likely to be seen by all patients who use the facility, the original or copy of the current license, permit, or registration of each person employed at the facility to practice dentistry. (d) Within 10 days after demand is made by the executive officer of the board, fails to furnish to the board the name and address of all persons practicing or assisting in the practice of dentistry in the office of the person, company, or association, at any time within 60 days prior to the demand, together with a sworn statement showing under and by what license or authority this person, company, or association and any employees are or have been practicing dentistry. This sworn statement shall not be used in any prosecution under this section. (e) Is under the influence of alcohol or a controlled substance while engaged in the practice of dentistry in actual atten- dance on patients to an extent that impairs his or her ability to conduct the practice of dentistry with safety to patients and the public. Section 1700.5. Notwithstanding Section 1700, any person who holds a valid, unrevoked, and unsuspended certificate as a dentist under this chapter may append the letters “DDS” to his or her name, regardless of the degree conferred upon him or her by the dental college from which the licensee graduated. Section 1701. (a) Any person is for the first offense guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) or more than three thousand dollars ($3,000), or by imprisonment in a county jail for not to exceed six months, or both, and for the second or a subsequent offense is guilty of a felony and upon conviction thereof shall be punished by a fine of not less than two thousand dollars ($2,000) nor more than six thousand dollars ($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both such fine and imprisonment, who:
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