Alexander D. v. State Board of Dental Examiners

This case concerns the constitutionality of Business and Professions Code section 820, dealing with possible mental incompetency of a licensed dentist.

Statement of Facts and Procedure

Appellant Alexander D., a practicing dentist licensed by the State of California, appeals from an order of the superior court denying his motion for preliminary injunction to enjoin the Board of Dental Examiners (respondent or Board) from ordering him to submit to a psychiatric examination.

On November 28, 1989, appellant was served with an order and petition issued by the Board compelling him to undergo a psychiatric examination on January 16, 1990. The petition alleged a factual basis for the ordered examination based on appellant’s bizarre statements and conduct.

An attached report from a reviewing psychiatrist opined that it was “highly probable that [appellant was] suffering from emotional/mental psychiatric, psychological problems.”

At the request of appellant’s counsel, the examination was rescheduled for January 23, 1990.

On January 9, 1990, appellant filed a complaint for injunctive relief, request for temporary injunction and application for temporary restraining order…