Cal. Code Regs. Tit. 16, § 1042.5 - Process and Penalties when Dentist is Unable to Complete Obligation as Agreed upon; Notification

(a) A dentist participating in the program shall notify the Board in writing within 15 working days of any change in the dentist's full-time status including, but not limited to, a decrease in the required number of hours providing dental services, termination, resignation, or a leave of absence in excess of the time permitted in section 1042.4(c). Such notice shall be given whether or not the participating dentist returns to qualifying full-time status within 15 working days.

(b) A dentist participating in the program who is unable to complete the required three years of service shall be required to repay to the Dental Board of California an amount equal to the total amount of loan repayment paid by the program. Whenever the Board has evidence of an inability to complete the obligation, the Board shall notify the participating dentist in writing of any amounts to be repaid to the Board, and the date by which the dentist shall make such repayment. A dentist who is unable to complete the required three years of service shall make such repayment of the required amount to the Board within one calendar year after notification by the Board.

(c) The dentist may petition the Board for modification of the amount and/or time for repayment of funds received under the program. The petition shall be in writing, accompanied by those documents necessary to establish the basis for the petition, and shall be filed with the Board not later than 90 days after the date of the notification for repayment by the Board. A petition shall be accepted for filing only if it is based on one or more of the following grounds:

(1) The dentist was terminated without cause.

(2) The dentist was unable to complete the required three years of service due to factors beyond the dentist's control.

(3) Both the practice setting and the dentist have agreed to the termination of the dentist's employment, and the dentist has been unsuccessful in obtaining subsequent qualifying employment within 3 months after termination of employment.

(d) The Board shall review petitions and supporting documents. It shall notify the petitioning dentist in writing of its decision within 60 days after receipt of the complete petition.

(e) Failure to notify the Board in accordance with subsection (a) above, or to repay the amount due within one calendar year as required in subsection (b) above, may constitute unprofessional conduct and may be grounds for discipline of the dentist's license. Failure to repay the debt as required shall result in the accrual of interest at prime on the outstanding balance from the time of default. In addition, the Board will pursue all its available legal remedies including, but not limited to, reporting of the default to credit agencies, lien(s) on the dentist's personal property, garnishment of the dentist's future wages, any additional civil damages, and the imposition of attorney's fees.

Notes

Cal. Code Regs. Tit. 16, § 1042.5

1. New section filed 1-6-2005; operative 2-5-2005 (Register 2005, No. 1).

Note: Authority cited: Sections 1614 and 1972, Business and Professions Code. Reference: Sections 1970, 1972 and 1980(n), Business and Professions Code.

1. New section filed 1-6-2005; operative 2-5-2005 (Register 2005, No. 1).