BEFORE THE
‘AL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Petition for Early Termination
Of Probation of Case No. DBC 2012-56
NINA MOGHADDAM GRAY, OAH No. 2017050727
Dental License No. 48513
Oral Conscious Sedation Certificate No. 2422
Petitioner,
DECISION AND ORDER
‘The attached Proposed Decision of the Administrative Law Judge is hereby
adopted by the Dental Board of California, Department of Consumer Affairs, as its Decision in
the above-entitled matter.
This Decision shall become effective on _September 23, 2017.
IT IS SO ORDERED August 24, 2017
Gun Lllebdwe ips
Bruce Whitcher, DDS
Board President
Dental Board of California
Department of Consumer A\fairsBEFORE THE,
DENTAL BOARD OF CALIFORNIA
DEPARTMENT OF CONSUMER AFFAIRS
STATE OF CALIFORNIA
In the Matter of the Petition for Reduction of
Penalty Against: Case No. DBC 2012-56
NINA MAGHADDAM GRAY, OAH No. 2017050727
Petitioner.
PROPOSED DECISION
Administrative Law Judge (ALI) Nana Chin heard this matter on June 29, 2017, in
Los Angeles, California
Vivian Cho, Deputy Attorney General represented the Dental Board of California
(Board).
Nina Maghaddam Gray (Petitioner) was present and represented herselt.
FACTUAL FINDINGS
1a. On August 13, 2001, the Board issued Dental License No. 48513 (License) to
Petitioner.
1b.
No. 2422 (Cert
Mn December 1, 2010, the Board issued Oral Conscious Sedation Certificate
te) to Petitioner.
2. On November 28, 2012, Richard DeCuir (Complainant) filed an Accusation in
his official capacity as the Executive Officer for the Board alleging that, in connection with
Petitioner's treatment of a patient, M.N,' Petitioner billed for services that had not been
rendered, falsely documented she had performed services that had not been completed, and
failed to detect cavities in teeth treated by Petitioner.
ul
' The patient’s initials are used to protect her privacy rights.ision and Order made pursuant (o a Stipulated
sciplinary Order in the Matter of the Accusation Against Nina Moghaddam
Gray, Case Number DBC 2012-56 (Stipulation), Petitioner admitted the truth of each of the
allegations contained in the Accusation. Petitioner's License and Certificate were revoked,
the revocation was stayed and Petitioner was placed on probation for four years with ce
terms and conditions.
3b. The terms of probation included the standard terms and conditions of
probation numbers 1 through 14 and the additional or optional terms and conditions of
probation numbers 16 (Remedial Education) and 31 (Billing Monitor). The terms and
condition of probation are set forth in the Board’s Disciplinary Guidelines with Model
Language (August 30, 2010).
4. On January 4, 2017, Petitioner filed a Petition for Reduction of Penalty
(Petition), seeking to terminate her current probationary status. The Board did not oppose
the Petition.
5. From June 19, 2014 through August 5, 2016, Petitioner was monitored by
Fernando Espinoza, a Board Investigator. On November 10, 2016, Bernice Santa Ana,
Special Investigator, was assigned Petitioner’s case and currently monitors Pet i
probation,
6. On January 10, 2017, Investigator Santa Ana issued a report regarding
Petitioner's request for early termination of probation. Both Investigator Santa Ana’s report
and her testimony at hearing support the finding that Petitioner is in compliance with the
terms and conditions of her probation as follows:
a. Condition number 1 requires Petitioner to obey all laws and rules and
regulations governing the practice of dentistry. No arrests or convictions of Petitioner have
been reported to the Board.
b. Condition number 2 requires Pet quarterly reports to
the Board. Petitioner is in compliance with this condition and has timely submitted quarterly
reports throughout her probation.
¢. Condition number 3 requires Petitioner to comply with the Board's
probation program. Petitioner is in compliance with this condition. She has been
cooperative with the probation monitoring process.
d. Condition number 4 requires Petitioner to inform the Board of any
change in her name, address or license status. Petitioner is in compliance with this con
Petitioner has not changed her home address and has notified the Board of her work
addresses in a timely and proper manner,
i