SECTIONS 1700-1706 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1700-1706

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 dollars ($1,500), or by both
fine and imprisonment, who:
(a) Assumes the degree of "doctor of dental surgery," "doctor of
dental science," or "doctor of dental medicine" or appends the
letters "D.D.S.," or "D.D.Sc." or "D.M.D." 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 a conspicuous place in his or her office the name of
each and every person employed there in the practice of 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 attendance on
patients to an extent that impairs his or her ability to conduct the
practice of dentistry with safety to patients and the public.

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 "D.D.S." to his or her name,
regardless of the degree conferred upon him or her by the dental
college from which the licensee graduated.

1701. 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 the 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 in the state prison, or by both
such fine and imprisonment, who:
(a) Sells or barters or offers to sell or barter any dental degree
or any license or transcript made or purporting to be made pursuant
to the laws regulating the license and registration of dentists.
(b) 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.
(c) With fraudulent intent, makes or attempts to make,
counterfeits or alters in a material regard any such diploma,
certificate or transcript.
(d) 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.
(e) In an affidavit, required of an applicant for examination,
license or registration under this chapter, willfully makes a false
statement in a material regard.
(f) 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.
(g) 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 manner 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.

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 in the
state prison, 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 remedy provided in this section shall not preclude any
other remedy provided by law.

1701.5. Any association or partnership or corporation or group of
three or more dentists, engaging in practice under any name that
would otherwise be in violation of Section 1701 may practice under
this name if, and only if, the association, partnership, corporation
or group holds an outstanding, unexpired, unsuspended, and unrevoked
permit issued by the board under this section. On and after July 1,
1995, any individual dentist or pair of dentists engaging in the
practice of dentistry under any name that would otherwise be in
violation of Section 1701 may practice under that name if and only if
the dentist or pair of dentists hold an outstanding, unexpired,
unsuspended, and unrevoked permit issued by the board under this
section. The board shall issue written permits authorizing the holder
to use a name specified in the permit in connection with the holder'
s practice if, and only if, the board finds to its satisfaction that:
(a) The applicant or applicants are duly licensed dentists.
(b) The place or establishment, or the portion thereof, where the
applicant or applicants practice, is owned or leased by the applicant
or applicants, and the practice conducted at the place or
establishment, or portion thereof, is wholly owned and entirely
controlled by the applicant or applicants.
(c) The name that the applicant or applicants propose to operate
contains at least one of the following designations: "dental group,"
"dental practice," or "dental office" and contains the family name of
one or more of the past, present, or prospective associates,
partners, shareholders, or members of the group, and is in conformity
with Section 651 and subdivisions (i) and (l) of Section 1680.
(d) All licensed persons practicing at the location designated in
the application hold valid and outstanding licenses and that no
charges of unprofessional conduct are pending against any persons
practicing at that location.
Permits issued under this section by the board shall expire and
become invalid unless renewed at the times and in the manner provided
for the renewal of certificates issued under this chapter.
Any permits issued under this section may be revoked or suspended
at any time that the board finds that any one of the requirements for
original issuance of a permit is no longer being fulfilled by the
holder to whom the permit was issued. Proceedings for revocation or
suspension shall be governed by the Administrative Procedure Act.
In the event charges of unprofessional conduct are filed against
the holder of a permit issued under this section, or a member of an
association or partnership or a member of a group or corporation to
whom a permit has been issued under this section, proceedings shall
not be commenced for revocation or suspension of the permit until
final determination of the charges of unprofessional conduct and
unless the charges have resulted in revocation or suspension of
license.

1702. Nothing in this article shall prohibit the conferring of
degrees and the bestowing of diplomas by reputable dental colleges of
this State which have been approved by the board.

1703. The board, or any member or officer thereof, may prefer a
complaint for violation of this chapter, or any part thereof, before
any court of competent jurisdiction, and may by its officers, counsel
and agents, assist in presenting the law or facts at the trial. The
district attorney of each county in this State shall prosecute all
violations of this chapter in their respective counties in which the
violations occur.

1705. In addition to the other proceedings provided for in this
chapter, the superior court of any county, on application of the
board, shall issue an injunction to restrain any unlicensed person
from carrying on or conducting the practice of dentistry as defined
in this chapter.

1705.5. Whenever any person has engaged or is about to engage in
any acts or practices which constitute or will constitute an offense
against this chapter, the superior court of any county, on
application of 10 or more persons holding licenses to practice
dentistry issued under this chapter, may issue an injunction or other
appropriate order restraining such conduct. Proceedings under this
section shall be governed by Chapter 3 (commencing with Section 525)
of Title 7 of Part 2 of the Code of Civil Procedure.

1706. (a) Every complete upper or lower denture fabricated by a
licensed dentist, or fabricated pursuant to the dentist's work order,
shall be marked with the patient's name, unless the patient objects.
The initials of the patient may be shown alone, if use of the name
of the patient is not practical. The markings shall be done during
fabrication and shall be permanent, legible, and cosmetically
acceptable. The exact location of the markings and the methods used
to implant or apply them shall be determined by the dentist or dental
laboratory fabricating the denture.
(b) The dentist shall inform the patient that the markings are to
be used for identification only and that the patient shall have the
option to decide whether or not the dentures shall be marked.
(c) The dentist shall retain the records of those marked dentures
and shall not release the records to any person except to enforcement
officers, in the event of an emergency requiring personal
identification by means of dental records, or to anyone authorized by
the patient.