Shah

BACKGROUND

In setting forth the factual and procedural history of this case, we note that the trial court expressly found that Shah did not challenge the factual findings made by the Board in his current petition for reinstatement of his license. Accordingly, the following recitation of facts draws on the Board’s express findings. Shah’s Sexual Battery of Three of His Patients Shah received a license to practice dentistry in 1990. While Shah had a license to practice dentistry, he committed sexual battery against three of his patients: R.M., P.C., and E.H. 1. Sexual Battery of Patient R.M. Shah’s first sexual battery of a patient occurred as follows: “On July 5, 1996, female patient R.M. went to see [Shah] because she was in pain and his dental office was

2 nearby. R.M. arrived at [Shah’s] offices at approximately 4:00 p.m. [¶] [Shah] conducted a dental examination of patient R.M., followed by a tooth extraction procedure and suture. The procedure was completed and patient R.M. began to walk out of the examination room. However, [Shah] asked patient R.M. to come back to the examination room stating that he wanted to check her gauze for bleeding. Patient R.M. walked back to the…