The California Dental Practice Act _ ____________________________________________________________
(1) Sells or barters or offers to sell or barter any dental degree or any license or transcript made or purport- ing to be made pursuant to the laws regulating the license and registration of dentists. (2) Purchases or procures by barter any such diploma, license or transcript with intent that the same shall be used in evidence of the holder’s qualification to practice dentistry, or in fraud of the laws regulating such practice. (3) With fraudulent intent, makes or attempts to make, counterfeits or alters in a material regard any such diploma, certificate or transcript. (4) Uses, attempts or causes to be used, any such diploma, certificate or transcript which has been purchased, fraudulently issued, counterfeited or materially altered, either as a license to practice dentistry, or in order to procure registration as a dentist. (5) In an affidavit, required of an applicant for exami- nation, license or registration under this chapter, willfully makes a false statement in a material regard. (6) Practices dentistry or offers to practice dentistry as it is defined in this chapter, either without a license, or when his license has been revoked or suspended. (7) Under any false, assumed or fictitious name, either as an individual, firm, corporation or otherwise, or any name other than the name under which he is licensed, practices, advertises or in any other man- ner indicates that he is practicing or will practice dentistry, except such name as is specified in a valid permit issued pursuant to Section 1701.5. (b) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivision (a). Section 1701.1. (a) Notwithstanding Sections 1700 and 1701, a person who willfully, under circumstances or conditions that cause or create risk of bodily harm, serious physical or mental illness, or death, practices or attempts to practice, or advertises or holds himself or herself out as practicing dentistry without having at the time of so doing a valid, unrevoked, and unsuspended certificate, license, registration, or permit as provided in this chapter, or without being authorized to perform that act pursuant to a certificate, license, registration, or permit obtained in accordance with some other provision of law, is guilty of a public offense, punishable by a fine not exceeding ten thousand dollars ($10,000), by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, by imprisonment in a county jail not exceeding one year, or by both the fine and either imprisonment.
(b) A person who conspires with or aids and abets another to commit any act described in subdivision (a) is guilty of a public offense and subject to the punishment described in subdivision (a). (c) The board may post an administrative citation issued pursuant to Section 148 on the board’s internet website for an offense described in subdivisions (a) and (b). (d) The remedy provided in this section shall not preclude any other remedy provided by law. LAWS GOVERNING THE PRESCRIPTION OF DRUGS The California Dental Practice Act states that only doctors of dentistry are permitted to prescribe drugs, including analge- sics, sedatives, and antibiotics, although prescription of oral conscious sedation to children younger than 13 years of age requires a permit. Dental assistants and dental hygienists are not permitted to write prescriptions [1]. There are many federal and state laws and regulations pertaining to prescribing. It is the responsibility of each Drug Enforcement Administration (DEA)-registered prescriber (or those exempted) to be famil- iar with and maintain knowledge of all applicable laws and regulations. Pertinent citations of federal laws governing the prescription of controlled substances are included in the DEA Practitioner’s Manual, available at https://www.deadiversion. usdoj.gov/GDP/(DEA-DC-071)(EO-DEA226)_Practitio- ner’s_Manual_(final).pdf. The California Uniform Controlled Substances Act (part of the California Health and Safety Code) can be found at https://leginfo.legislature.ca.gov/faces/ codes_displayexpandedbranch.xhtml?tocCode=HSC&divisio n=10.&title=&part=&chapter=&article. The Substances Act begins at Section 11000, and information regarding prescrip- tions begins in Section 11150. There must be careful consideration when prescribing to addicts or suspected addicts, particularly when patients are requesting specific drugs. As of 2016, California legislation requires that all prescribers of controlled substances register to access CURES, the state prescription drug monitoring program database intended to aid prescribers and dispensers in identifying fraudulent activity, thereby reducing prescrip- tion drug abuse and diversion without affecting legitimate medical practice or patient care. As of October 2018, all licensees authorized to prescribe, order, administer, furnish or dispense controlled substances in California must, with some exceptions, check a patient’s prescription history in CURES 2.0 before prescribing a Schedule II, III, or IV substance [27]. The following section of the California Business and Profes- sional Code addresses unprofessional conduct related to fur- nishing prescription drugs and excessive prescribing.
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