Can A Dental License Be denied Due to a DUI in California?

Full Question:

Can the dental board of California deny me a RDA license for a past under the influence conviction? If so, Can i ever get a license after a period of time or get a restricted license at first? What happens if they list a conviction that didn't happen? Should i get a lawyer about this? What if the conviction was in 1993?
03/06/2010   |   Category: Licenses   |   State: California   |   #21274

Answer:

It is possible for such a license to be denied if there is evidence of an alcohol or drug dependency problem that may affect one's ability to perform dental services. However, it is possible to request a hearing to prove rehabilitation. I suggest trying to obtain a free consultation with a local attorney who can review all the facts and documents involved.

For further information, please see:

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=00001-01000&file=480-489
http://www.dbc.ca.gov/lawsregs/regulations/ch1_article5.shtml
http://www.dbc.ca.gov/licensees/rda/conduct.shtml
http://www.dbc.ca.gov/licensees/diversion.shtml

Please see the following CA laws:

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:
(a) Any violation of Article 6, Chapter 1, Division 2 of the Code except Sections 651.4, 654 or 655.
(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.

480. (a) A board may deny a license regulated by this code on the
grounds that the applicant has one of the following:
(1) Been convicted of a crime. A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere. Any action that a board is
permitted to take following the establishment of a conviction may be
taken when the time for appeal has elapsed, or the judgment of
conviction has been affirmed on appeal, or when an order granting
probation is made suspending the imposition of sentence, irrespective
of a subsequent order under the provisions of Section 1203.4 of the
Penal Code.
(2) Done any act involving dishonesty, fraud, or deceit with the
intent to substantially benefit himself or herself or another, or
substantially injure another.
(3) (A) Done any act that if done by a licentiate of the business
or profession in question, would be grounds for suspension or
revocation of license.
(B) The board may deny a license pursuant to this subdivision only
if the crime or act is substantially related to the qualifications,
functions, or duties of the business or profession for which
application is made.
(b) Notwithstanding any other provision of this code, no person
shall be denied a license solely on the basis that he or she has been
convicted of a felony if he or she has obtained a certificate of
rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of
Title 6 of Part 3 of the Penal Code or that he or she has been
convicted of a misdemeanor if he or she has met all applicable
requirements of the criteria of rehabilitation developed by the board
to evaluate the rehabilitation of a person when considering the
denial of a license under subdivision (a) of Section 482.
(c) A board may deny a license regulated by this code on the
ground that the applicant knowingly made a false statement of fact
required to be revealed in the application for the license.

 

481. Each board under the provisions of this code shall develop
criteria to aid it, when considering the denial, suspension or
revocation of a license, to determine whether a crime or act is
substantially related to the qualifications, functions, or duties of
the business or profession it regulates.

 

482. Each board under the provisions of this code shall develop
criteria to evaluate the rehabilitation of a person when:
(a) Considering the denial of a license by the board under Section
480; or
(b) Considering suspension or revocation of a license under
Section 490.
Each board shall take into account all competent evidence of
rehabilitation furnished by the applicant or licensee.

 

484. No person applying for licensure under this code shall be
required to submit to any licensing board any attestation by other
persons to his good moral character.

 

485. Upon denial of an application for a license under this chapter
or Section 496, the board shall do either of the following:
(a) File and serve a statement of issues in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code.
(b) Notify the applicant that the application is denied, stating
(1) the reason for the denial, and (2) that the applicant has the
right to a hearing under Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code if written
request for hearing is made within 60 days after service of the
notice of denial. Unless written request for hearing is made within
the 60-day period, the applicant's right to a hearing is deemed
waived.
Service of the notice of denial may be made in the manner
authorized for service of summons in civil actions, or by registered
mail addressed to the applicant at the latest address filed by the
applicant in writing with the board in his or her application or
otherwise. Service by mail is complete on the date of mailing.

 

486. Where the board has denied an application for a license under
this chapter or Section 496, it shall, in its decision, or in its
notice under subdivision (b) of Section 485, inform the applicant of
the following:
(a) The earliest date on which the applicant may reapply for a
license which shall be one year from the effective date of the
decision, or service of the notice under subdivision (b) of Section
485, unless the board prescribes an earlier date or a later date is
prescribed by another statute.
(b) That all competent evidence of rehabilitation presented will
be considered upon a reapplication.
Along with the decision, or the notice under subdivision (b) of
Section 485, the board shall serve a copy of the criteria relating to
rehabilitation formulated under Section 482.

475. (a) Notwithstanding any other provisions of this code, the
provisions of this division shall govern the denial of licenses on
the grounds of:
(1) Knowingly making a false statement of material fact, or
knowingly omitting to state a material fact, in an application for a
license.
(2) Conviction of a crime.
(3) Commission of any act involving dishonesty, fraud or deceit
with the intent to substantially benefit himself or another, or
substantially injure another.
(4) Commission of any act which, if done by a licentiate of the
business or profession in question, would be grounds for suspension
or revocation of license.
(b) Notwithstanding any other provisions of this code, the
provisions of this division shall govern the suspension and
revocation of licenses on grounds specified in paragraphs (1) and (2)
of subdivision (a).
(c) A license shall not be denied, suspended, or revoked on the
grounds of a lack of good moral character or any similar ground
relating to an applicant's character, reputation, personality, or
habits.