Legal Question in Business Law in California

Restraint of Trade

There is a law in place which allows California Dental Hygienists to practice independently of dentists. The Bill is AB 560 and was chaptered 10/97.

As of this date no school has offered the education necessary by this bill. I was told recently that I could hire an attorney and file an injunction in local court to allow me to practice independently under a restraint of trade complaint. I wanted to know if this was true and how I would go about filing this complaint.

Thank you!


Asked on 8/24/01, 3:23 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Restraint of Trade

The bill to which you refer was codified as sections 1768-1770 of the Business and Professions Code. It seems to offer two alternate ways to qualify, one of which may be a dead-end provision due to expiration of the program to which it refers, but I'm not sure.

I suggest you find B&P 1768 and 1770 on line or at a library, read it carefully, then contact me again with exactly who is not performing as required under the law, and what the non-performance is.

As I read the law, certain responsibilities are assigned to the California Board of Dental Examiners. If they have not performed duties the law says they 'shall' perform, an action to compel compliance with the law may be warranted.

If you have complied with all the requirements for practice under 1768-1770 but the Board refuses to certify you, the action is somewhat different (more personal in nature). In either case it is indeed a form of injuctive relief you would be seeking.

Read more
Answered on 9/03/01, 8:14 pm


Related Questions & Answers

More Business Law questions and answers in California