(a) The
participating dentist may petition the Board for reinstatement into 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 one
calendar year after the date of the notification from the Board in subsection (b).
The petition shall explain why the factors contributing to the petitioner's
inability to complete the prior obligation no longer exist. 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 agreed to the termination of the dentist's employment.
The petition shall be accompanied by a certification under
penalty of perjury, signed and dated by the practice setting's administrative
officer, whose name is printed below his/her signature, that the facility has
entered into an agreement with the applicant for a minimum of three years; that the
applicant can speak a Medi-Cal threshold language effectively in order to provide
service; that it will pay the applicant a prevailing wage and not offset any loan
repayments by the program against the applicant's salary; and that it is a "practice
setting" as defined in Section
1971(f) of the
code.
(b) The Board
shall review the petition and supporting documents. It shall notify the petitioning
dentist in writing of its decision within 60 days after receipt of the completed
petition. The Board shall grant or deny the petition based upon, in its sole
discretion, available funds and the cultural and linguistic needs, and demands of
the patients from dentally underserved populations, and the petitioner's ability to
comply with the terms of the program.
Notes
Cal. Code Regs.
Tit. 16, §
1042.6
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: Section
1972,
Business and Professions Code.
1. New section filed
1-6-2005; operative 2-5-2005 (Register 2005, No.
1).
