Current through Register 2022 Notice Reg. No. 14, April 8, 2022
(a) In reaching a decision on a
disciplinary action under the Administrative Procedures Act
(Government Code Section
et seq.), the Dental Board of California shall consider the
disciplinary guidelines entitled "Dental Board of California
Disciplinary Guidelines With Model Language", revised 08/30/2010
which are hereby incorporated by reference. Deviation from these
guidelines and orders, including the standard terms of probation, is
appropriate where the Dental Board of California, in its sole
discretion, determines that the facts of the particular case warrant
such deviation - for example: the presence of mitigating factors; the
age of the case; evidentiary problems.
(b) Notwithstanding subsection (a),
the Board shall use the uniform standards for substance-abusing
licensees as provided in Section 1018.01, without deviation, for each
individual determined to be a substance-abusing licensee.
disciplinary guidelines, any proposed decision issued by an
Administrative Law Judge in accordance with Chapter 5 (commencing
with Section 11500) of Part 1 of Division 3 of Title 2 of the
Government Code that contains any findings of fact that:
(1) the licensee engaged in any act
of sexual contact with a patient, client or customer; or,
(2) the licensee has been convicted
of or committed a sex offense, shall contain an order revoking the
license. The proposed decision shall not contain an order staying the
revocation of the license or placing the licensee on
For the purposes of this section, "sexual contact" has the same
meaning as defined in subdivision (c) of Section
of the Business and Professions Code and "sex offense" has the same
meaning as defined in Section
of the Education Code.
Cal. Code Regs. Tit. 1, § 1018
Note: Authority cited: Sections
Business and Professions Code; and Section
Government Code. Reference: Sections
Business and Professions Code; Sections
Government Code; and Section
1. New article 4.5 (section 1018) and section filed
6-30-97; operative 6-30-97 pursuant to Government Code section
(Register 97, No. 27). For prior history, see Register 85, No.
2. Amendment filed 12-14-2010; operative 12-14-2010
pursuant to Government Code section
(Register 2010, No. 51).
3. Amendment of article heading,
section heading, section and Note filed 1-7-2014; operative 4-1-2014
(Register 2014, No. 2).
4. New subsections (c) and (d) and
amendment of Note filed 10-22-2014; operative
2014, No. 43).