Dentist's license pulled while he fights charges

A judge ruled late Tuesday that Dr. Mark Anderson, a Woodland dentist accused of groping female patients, is a danger to the public and should not be allowed to maintain his practice while his case is pending.

"Permitting the respondent to continue to engage in dentistry would endanger the public health, safety or welfare," state Administrative Law Judge Melissa Crowell wrote in her decision to suspend Anderson's license until the state dental board can decide if he broke the law.

Anderson's lawyer, Robert Zaro, had argued that the dentist should be allowed to practice under the observation of chaperones while his case is being resolved.

He also noted Anderson, 48, is the father of five children dependent on his income, and said that his family would suffer harm if he had to stop working.

The lawyer insisted that without an income, Anderson would be hamstrung in his ability to fight the criminal charges, lawsuit and dental board case that have been brought against him.

Zaro contended the dentist had massaged patients' chests as a legitimate treatment for temporomandibular joint disorder, or TMJ, a painful jaw condition that affects the head and neck.

The judge rejected all those arguments.

Anderson, Crowell wrote, had presented expert evidence that palpating the pectoral muscles of the chest was the standard of care for treating TMJ disorders.

But "respondent's conduct went beyond palpating pectoralis muscles to the direct massaging of breasts, and with some patients, it was accompanied by comments of a sexual nature," she wrote.

Although suspending his license would harm Anderson, the potential danger to the public of letting him practice, even with restrictions, was greater, she wrote.

Crowell issued her decision about 6 p.m. Tuesday, a little more than a day after she took the matter under advisement.

Neither Anderson nor Zaro could be reached for comment.

Deputy Attorney General Jeffrey Phillips, who argued the case against Anderson on behalf of the dental board, said the judge had reached the right decision.

"This ensures protection of the public," Phillips said. "The court was very direct, in issuing this order, that this kind of conduct is not tolerated."

Yolo County Deputy District Attorney Robert Gorman, who is prosecuting Anderson, said the decision was justified by the reports of 27 women who told police Anderson inappropriately touched them during treatment.

"The allegations are outrageous when you consider people went to him for treatment, and he abused their trust in that manner," Gorman said.

Anderson faces two misdemeanor charges of battery and sexual battery, based on one woman's complaint. She filed a civil lawsuit against him.

Gorman said the District Attorney's Office is investigating more than two dozen similar complaints and expects to file additional charges.

Anderson's criminal defense lawyer, Michael Rothschild, did not immediately return a phone call Tuesday evening.

Crowell, a judge with the state Office of Administrative Hearings, reached her decision after a previous judge removed himself from the case.

Presiding Administrative Law Judge Jonathan Lew said in an interview Tuesday that he took himself off the case to avoid any appearance of impropriety.

During a hearing last week, Lew had appeared willing to consider letting Anderson practice under strict conditions, asking the lawyers whether the court could select chaperones to observe Anderson's behavior.

As the hearing concluded Thursday, Zaro told the judge that he had filled out an evaluation form relating to Lew's application for a judgeship on the Sacramento Superior Court, Lew said.

A dental board investigator overheard the remark, and the state attorney general's office filed a request that Lew remove himself.

"The perception by the dental board was that the attorney was trying to curry favor with the judge," Lew said.

Calling Zaro's remark "a rather blatant attempt" to influence Lew's ruling, Supervising Deputy Attorney General Arthur Taggart wrote to the judge that "Mr. Zaro's actions have precipitated an entirely unnecessary and distasteful situation where the board now believes your judgment could be questioned and scrutinized."

Lew recused himself, and Crowell heard arguments Monday afternoon in an abbreviated repeat of Thursday's hearing.

About the writer:

• The Bee's Hudson Sangree can be reached at (916) 321-1191 or hsangree@sacbee.com.