Section 1042.6 - Program Reinstatement(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.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).