(a) In
reaching a decision on a disciplinary action under the Administrative
Procedures Act (Government Code Section 11400 et seq.), the Board shall
consider the disciplinary guidelines entitled "Dental Board of California
Disciplinary and Denial Guidelines With Model Language", revised February 9,
2024, which are hereby incorporated by reference. Deviation from these
guidelines and orders, including the standard terms of probation, is
appropriate where the Board, in its sole discretion, determines that the facts
of the particular case warrant such deviation -- for example: the presence of
mitigating or aggravating 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.
(c) Notwithstanding the 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 probation.
(d) For the purposes of this
section, "sexual contact" has the same meaning as defined in subdivision (c) of
Section
729
of the Business and Professions Code and "sex offense" has the same meaning as
defined in Section
44010 of
the Education Code.
Notes
Cal. Code
Regs. Tit. 16, §
1018
Note: Authority cited: Sections
315,
315.2,
315.4
and
1614,
Business and Professions Code; and Section
11400.20,
Government Code. Reference: Sections
315,
315.2,
315.4,
726,
729,
1680
and
1687,
Business and Professions Code; Sections
11400.20
and
11425.50(e),
Government Code; and Section
44010,
Education Code.
Note: Authority cited: Sections
315,
315.2,
315.4
and
1614,
Business and Professions Code; and Section
11400.20,
Government Code. Reference: Sections
315,
315.2,
315.4,
726,
729,
1680
and
1687,
Business and Professions Code; Sections
11400.20
and
11425.50(e),
Government Code; and Section
44010,
Education Code.
1. New article 4.5 (section 1018) and section filed 6-30-97;
operative 6-30-97 pursuant to Government Code section
11343.4(d)
(Register 97, No. 27). For prior history, see Register 85, No.
41.
2. Amendment filed 12-14-2010; operative 12-14-2010 pursuant to
Government Code section
11343.4
(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 1/1/2015 (Register
2014, No. 43).
5. Amendment of subsection (a) filed
6-20-2024; operative 10/1/2024 (Register
2024, No. 25).
