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Nicole Irmer | Posted in Licensing Defense on June 24, 2025
Please Note: The Law Office of Nicole Irmer represents and defends California dentists, dental assistants, and other California dental professionals who are going through disciplinary actions.
We are a professional defense law firm and do not file individual consumer complaints or actions against individuals.
If you’re interested in filing a consumer dental complaint with the California Dental Board, please visit the State of California’s Department of Consumer Affairs website page: How to File a Complaint with the Dental Board.
Find Out More About CA Disciplinary Actions:
The Dental Board of California (DBC) licenses and regulates the practice of dentistry in California. In addition to dentists, the DBC regulates registered dental assistants as well as registered dental assistants in extended functions. Its functions include ensuring public safety by investigating complaints regarding licensees and pursuing enforcement actions, when necessary.
Disciplinary actions typically begin with a complaint filed by a patient, colleague, family member, or another member of the public. The DBC then investigates the complaint, and may then refer it to the Enforcement Unit for further investigation. If the complaint is substantiated, then the DBC may file a formal Accusation against the licensee, which could lead to a range of consequences, including probation, suspension, or even revocation of a license.
If you are the subject of a complaint before the Dental Board, it is important to act quickly to defend your license and your livelihood. A skilled San Diego healthcare license defense attorney will take a proactive approach, advocating on your behalf to achieve the best possible outcome.
The disciplinary action process typically begins with a complaint about a potential violation of the Dental Practice Act. These complaints may be made by a patient or family member, an insurance company, a law enforcement agency, or other healthcare providers. Convictions for certain crimes that affect a licensee’s ability to practice dentistry may also trigger an investigation. On average, the Dental Board receives 3,776 complaints per year.
After a complaint is received, the Dental Board begins its initial investigation. Based on its review, it will determine if the case should be closed as non-jurisdictional, no negligence, possible simple negligence, or if it should be referred to the DBC’s Enforcement Unit. Complaints filed with the DBC are confidential and are not a matter of public record unless an Accusation is filed against the licensee.
The enforcement program consists of five distinct sections:
During an investigation by the Enforcement Unit, a complaint will be investigated and analyzed by the various sections. A licensee may be notified if a complaint has been made against them, and may be asked to voluntarily provide access to records relating to the complaint. If the Enforcement Unit believes that a complaint has been substantiated, then an Accusation may be filed against the licensee by the Office of the Attorney General.
An Accusation is a formal legal process that may result in disciplinary action. After an Accusation is filed, a hearing will be scheduled with an Administrative Law Judge. The judge will hear evidence, and then issue a decision on discipline, which will then be considered by the Board. The judge’s recommendations to the Board may be adopted, modified, or rejected.
According to the Dental Board, it most often receives complaints related to:
Complaints about billing or fee disputes or general business practices are outside the jurisdiction of the Board, although they may be referred to another state agency or organization.
If any of these allegations are substantiated, it could result in disciplinary action by the Board. As described in more detail below, discipline could include anything from a public reprimand to a revocation of your dental license.
Under the Dental Practice Act, the Dental Board may impose discipline for unprofessional conduct, incompetence, gross negligence, or repeated acts of professional negligence. This discipline may include revocation or suspension of a license to practice dentistry, probation, or a public reprimand.
The Dental Board maintains guidelines for discipline, which lists the maximum and minimum penalty for each substantiated complaint. For example, if a dentist is found to have excessively prescribed or administered drugs, the maximum penalty is revocation, and the minimum penalty is revocation stayed, with five years of probation. These guidelines also include standard probation terms, which can be tailored to fit the specific situation.
Both during the investigation process and after an Accusation has been filed, a licensee has an opportunity to advocate for themselves with the assistance of a seasoned San Diego healthcare license defense attorney. After performing an investigation of the facts and review of the applicable law, your lawyer may be able to negotiate a closure of the complaint against you, or a more favorable disciplinary action — such as a public reprimand instead of a license suspension. You should not meet with Board investigators without counsel, or submit anything in writing without first consulting with an attorney.
Keep in mind that anything that you say to the Board investigators can be used against you in a disciplinary action. It could also be the basis for criminal prosecution depending on the facts of your case. In addition, if you refuse to allow the Board investigators to inspect your dental practice, your dental license may be suspended or revoked. The best way to protect yourself is to consult with an attorney as soon as possible.
Our law firm takes a proactive, multi-pronged approach to dental license defense cases. By getting involved early in the process, we are sometimes able to convince the Board investigators to close the complaint without referring the matter for the filing of a formal Accusation. Alternatively, we may be able to resolve the case with a citation and fine which does not constitute discipline.
At the same time, we will be gathering evidence to defend you against the allegations. In some cases, we can offer a factual rebuttal to the complaint. In other cases, we may be able to provide evidence of mitigation and/or rehabilitation that may allow for a lower level of discipline (such as probation rather than suspension).
Whenever possible, our skilled San Diego dental license defense lawyers will negotiate a settlement to try to resolve the case in a more favorable way. If we cannot come to an agreement on a stipulated settlement, then we will represent you at a hearing before an administrative law judge (ALJ). Depending on the outcome of the case, we may appeal the results of any disciplinary action.
Dental Board discipline can impact your ability to earn a living and practice your chosen profession. If you learn that a complaint has been filed against you with the Board, you must seek legal representation immediately. Our law firm has the necessary experience to get you the best possible outcome for the allegations against you.
The Dental Board does offer a diversion program for licensed dental professionals who are struggling with substance abuse disorder. A dentist may seek help for drug and/or alcohol abuse through this program by reaching out to the Board. Alternatively, a licensee may be referred to the diversion program through the formal disciplinary process.
The goal of the diversion program is to help dental professionals whose competency may be impaired by chemical dependency. If you are facing disciplinary action due to a DUI charge, a drug-related arrest, or another issue related to substance abuse, then you might choose to take part in this program.
There are both benefits and drawbacks to the diversion program. The main advantage is that if you successfully complete the program, you will be allowed to return to practice. If you can complete it, then all records related to your participation will be destroyed.
While you are participating in the program, you will not be able to practice as a dentist. You will also be required to undergo treatment, which you will be required to pay for as part of the program. You will also have to comply with all program rules. If you break any rules, such as testing positive for an illegal substance, then the Board’s enforcement division will be notified for potential action. Under California Law, diversion program records can be provided to the Board’s enforcement program or used in a disciplinary proceeding if you don’t comply with program requirements or if you are deemed to be a threat to the public or your own health and safety.
While the diversion program can be helpful for dentists who are struggling with substance abuse disorder, it isn’t the right choice for everyone. It is important to understand that if you don’t successfully complete treatment and follow all program rules, disciplinary action will move forward, and you could potentially face additional sanctions. Our San Diego dental license defense lawyers can talk you through your options and help you make an informed decision based on California law and your unique circumstances.
If you are the subject of an investigation by the California Dental Board, you may be feeling incredibly overwhelmed and stressed about the possible outcome. We are here to help. Our team of experienced healthcare license defense lawyers will put together a comprehensive strategy to protect your license.
For more than 21 years, attorney Nicole Irmer has represented individuals who are facing serious charges or threats to their license. She knows the law and has the experience and skill to achieve the best possible result. To learn more or to schedule a consultation with a member of our team, reach out at 619-327-6130 or fill out our online contact form.