Laguna Niguel Doctor Told to Close Practice

A Laguna Niguel physician convicted last year of sexual battery is under orders to close his practice today on the heels of the state Medical Board’s decision to permanently revoke his medical license.

The board Monday denied Dr. Del B. Dalton’s petition to reconsider his license revocation. Dalton, however, could appeal that decision in court, pending efforts to overturn his conviction.

“Dr. Dalton is left with his appeal rights in [Orange County] Superior Court,” said Douglas MacCartee, the deputy attorney general who represented the state Medical Board during the administrative hearing.

“Assuming he doesn’t file something in Superior Court that conceivably could get him a stay of order . . . he has to shut down,” MacCartee said. “Beyond that, he’s practicing without a license.”

Dalton was found guilty in July 1999 of three counts of sexual battery on three female patients, and two counts of false advertising for his claim that he was “board certified,” although no medical specialty board had certified him. The jury reduced a fourth sexual battery charge to simple battery and was undecided on accusations stemming from a fifth patient, who came forward after reading about Dalton’s arrest.

Despite his conviction, Dalton was allowed to continue his practice until his case with the medical board was decided, provided a female nurse chaperoned him during examinations. Patients also were required to sign waivers saying they were aware of the pending charges against him.

Dalton specializes in treating patients for chronic pain and cosmetic treatments at his office, at 31161 Niguel Road, Suite L.

Dalton’s case went to an independent administrative judge who oversees the medical board and other state agencies after Superior Court authorities decided that they did not have jurisdiction to revoke his medical license, said Deputy Dist. Atty. Janice Chieffo, who helped prosecute Dalton’s case in 1999.

His trial before that judge began in March 2000 and lasted three weeks. After an independent judge decided to revoke his medical license, Dalton’s attorney, Eric Hansen, filed a petition for reconsideration. That request was denied this week by the state Medical Board. The decision becomes effective at 5 p.m. today.

Neither Dalton nor Hansen could be reached for comment Thursday.

Dalton could serve up to 4 1/2 years in prison for the six misdemeanors, but a series of stays, continuances and motions have been filed in Superior Court, along with an appeal that is underway.