Bill Text: CA AB1174 | 2013-2014 | Regular Session | Chaptered
Bill Title: Dental professionals.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-09-27 - Chaptered by Secretary of State - Chapter 662, Statutes of 2014. [AB1174 Detail]
Download: California-2013-AB1174-Chaptered.html
BILL NUMBER: AB 1174 CHAPTERED
BILL TEXT
CHAPTER 662
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2014
APPROVED BY GOVERNOR SEPTEMBER 27, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 28, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JULY 2, 2014
AMENDED IN SENATE MAY 21, 2014
AMENDED IN ASSEMBLY JANUARY 6, 2014
AMENDED IN ASSEMBLY APRIL 9, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Members Bocanegra and Logue
FEBRUARY 22, 2013
An act to amend Sections 1684.5, 1925, and 1944 of, to add Section
1926.05 to, and to add, repeal, and add Sections 1753.55 and 1910.5
of, the Business and Professions Code, and to add and repeal Section
128196 of the Health and Safety Code, and to amend Section 14132.725
of the Welfare and Institutions Code, relating to oral health.
LEGISLATIVE COUNSEL'S DIGEST
AB 1174, Bocanegra. Dental professionals.
(1) Under existing law, the Dental Practice Act, the Dental Board
of California licenses and regulates dentists. Existing law creates,
within the jurisdiction of the board, a Dental Assisting Council that
is responsible for the regulation of dental assistants, registered
dental assistants, and registered dental assistants in extended
functions and a Dental Hygiene Committee of California, that is
responsible for the regulation of registered dental hygienists,
registered dental hygienists in alternative practice, and registered
dental hygienists in extended functions. Existing law governs the
scope of practice for those professionals, and authorizes a dentist
to require or permit one of those professionals, referred to as a
dental auxiliary, to perform specified duties, including exposing
emergency radiographs upon the direction of the dentist, prior to the
dentist examining the patient.
This bill would add to those specified duties exposing
radiographs, as specified, make a dentist responsible to provide a
patient or the patient's representative written notice, including
specified contact information and disclosing that the care was
provided at the direction of that authorizing dentist, and would
prohibit a dentist from concurrently supervising more than a total of
5 dental auxiliaries, as specified. The bill would authorize
specified registered dental assistants in extended functions,
registered dental hygienists, and registered dental hygienists in
alternative practice to determine which radiographs to perform and to
place protective restorations, as specified. The bill would require
the board to adopt related regulations, and would also require the
committee to review proposed regulations and submit any recommended
changes to the board for review to establish a consensus.
(2) Existing law requires the committee to establish by resolution
the amount of the fees that relate to the licensing of a registered
dental hygienist, registered dental hygienist in alternative
practice, and registered dental hygienist in extended functions.
Existing law limits the fee for each review of courses required for
licensure that are not accredited to $300. Under existing law, those
fees are further limited to the reasonable regulatory cost incurred
by the committee.
This bill would instead limit the fee for each review or approval
of course requirements for licensure or procedures that require
additional training to $750.
(3) Existing law provides for the Medi-Cal program, which is
administered by the State Department of Health Care Services, under
which qualified low-income individuals receive health care services,
including certain dental services, as specified. Existing law
provides that, to the extent that federal financial participation is
available, face-to-face contact between a health care provider and a
patient is not required under the Medi-Cal program for
"teleophthalmology and teledermatology by store and forward," as
defined to mean the asynchronous transmission of medical information
to be reviewed at a later time by a licensed physician or
optometrist, as specified, at a distant site.
This bill would additionally provide that face-to-face contact
between a health care provider and a patient is not required under
the Medi-Cal program for teledentistry by store and forward, as
defined.
(4) Existing law authorizes the Office of Statewide Health
Planning and Development to approve Health Workforce Pilot Projects
(HWPP) No. 172, as defined. The office has approved operation HWPP
No. 172, relating to dental workforce, through December 15, 2014.
This bill would extend the operation of HWPP through January 1,
2016. The bill would also delete redundant provisions, and would make
conforming changes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1684.5 of the Business and Professions Code is
amended to read:
1684.5. (a) In addition to other acts constituting unprofessional
conduct under this chapter, it is unprofessional conduct for any
dentist to perform or allow to be performed any treatment on a
patient who is not a patient of record of that dentist. A dentist
may, however, after conducting a preliminary oral examination,
require or permit any dental auxiliary to perform procedures
necessary for diagnostic purposes, provided that the procedures are
permitted under the auxiliary's authorized scope of practice.
Additionally, a dentist may require or permit a dental auxiliary to
perform all of the following duties prior to any examination of the
patient by the dentist, provided that the duties are authorized for
the particular classification of dental auxiliary pursuant to Article
7 (commencing with Section 1740):
(1) Expose emergency radiographs upon direction of the dentist.
(2) If the dental auxiliary is a registered dental assistant in
extended functions, a registered dental hygienist, or a registered
dental hygienist in alternative practice, determine and perform
radiographs for the specific purpose of aiding a dentist in
completing a comprehensive diagnosis and treatment plan for a patient
using telehealth, as defined by Section 2290.5, for the purpose of
communication with the supervising dentist pursuant to Sections
1753.55, 1910.5, and 1926.05. A dentist is not required to review
patient records or make a diagnosis using telehealth.
(3) Perform extra-oral duties or functions specified by the
dentist.
(4) Perform mouth-mirror inspections of the oral cavity, to
include charting of obvious lesions, malocclusions, existing
restorations, and missing teeth.
(b) For purposes of this section, "patient of record" refers to a
patient who has been examined, has had a medical and dental history
completed and evaluated, and has had oral conditions diagnosed and a
written plan developed by the licensed dentist.
(c) For purposes of this section, if dental treatment is provided
to a patient by a registered dental assistant in extended functions,
a registered dental hygienist, or a registered dental hygienist in
alternative practice pursuant to the diagnosis and treatment plan
authorized by a supervising dentist, at a location other than the
dentist's practice location, it is the responsibility of the
authorizing dentist that the patient or the patient's representative
receive written notification that the care was provided at the
direction of the authorizing dentist and that the notification
include the authorizing dentist's name, practice location address,
and telephone number. This provision shall not require patient
notification for dental hygiene preventive services provided in
public health programs as specified and authorized in Section 1911,
or for dental hygiene care when provided as specified and authorized
in Section 1926.
(d) A dentist shall not concurrently supervise more than a total
of five registered dental assistants in extended functions,
registered dental hygienists, or registered dental hygienists in
alternative practice providing services pursuant to Sections 1753.55,
1910.5, and 1926.05.
(e) This section shall not apply to dentists providing
examinations on a temporary basis outside of a dental office in
settings including, but not limited to, health fairs and school
screenings.
(f) This section shall not apply to fluoride mouth rinse or
supplement programs administered in a school or preschool setting.
SEC. 2. Section 1753.55 is added to the Business and Professions
Code, to read:
1753.55. (a) A registered dental assistant in extended functions
is authorized to perform additional duties as set forth in
subdivision (b) pursuant to the order, control, and full professional
responsibility of a supervising dentist if the licensee meets one
the following requirements:
(1) Is licensed on or after January 1, 2010.
(2) Is licensed prior to January 1, 2010, has successfully
completed a board-approved course in the additional procedures
specified in paragraphs (1), (2), (5), and (7) to (11), inclusive, of
subdivision (b) of Section 1753.5, and passed the examination as
specified in Section 1753.4.
(b) (1) Determine which radiographs to perform on a patient who
has not received an initial examination by the supervising dentist
for the specific purpose of the dentist making a diagnosis and
treatment plan for the patient. In these circumstances, the dental
assistant in extended functions shall follow protocols established by
the supervising dentist. This paragraph only applies in the
following settings:
(A) In a dental office setting.
(B) In public health settings, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics, under the general
supervision of a dentist.
(2) Place protective restorations, which for this purpose are
identified as interim therapeutic restorations, and defined as a
direct provisional restoration placed to stabilize the tooth until a
licensed dentist diagnoses the need for further definitive treatment.
An interim therapeutic restoration consists of the removal of soft
material from the tooth using only hand instrumentation, without the
use of rotary instrumentation, and subsequent placement of an
adhesive restorative material. Local anesthesia shall not be
necessary for interim therapeutic restoration placement. Interim
therapeutic restorations shall be placed only in accordance with both
of the following:
(A) In either of the following settings:
(i) In a dental office setting, under the direct or general
supervision of a dentist as determined by the dentist.
(ii) In public health settings, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics, under the general
supervision of a dentist.
(B) After the diagnosis, treatment plan, and instruction to
perform the procedure provided by a dentist.
(c) The functions described in subdivision (b) may be performed by
a registered dental assistant in extended functions only after
completion of a program that includes training in performing those
functions, or after providing evidence, satisfactory to the board, of
having completed a board-approved course in those functions.
(1) No later than January 1, 2018, the board shall adopt
regulations to establish requirements for courses of instruction for
the procedures authorized to be performed by a registered dental
assistant in extended functions pursuant to this section, using the
competency-based training protocols established by the Health
Workforce Pilot Project (HWPP) No. 172 through the Office of Health
Planning and Development. The board shall submit to the committee
proposed regulatory language for the Interim Therapeutic Restoration
to the committee for the purpose of promulgating regulations for
registered dental hygienists and registered dental hygienists in
alternative practice as described in Section 1910.5. The language
submitted by the board to the committee shall mirror the curriculum
requirements for the registered dental assistant in extended
functions. Any subsequent amendments to the regulations that are
promulgated by the board for the Interim Therapeutic Restoration
curriculum shall be submitted to the committee.
(2) Until the regulations adopted by the board pursuant to
paragraph (1) become effective, the board shall use the
competency-based training protocols established by HWPP No. 172
through the Office of Statewide Health Planning and Development to
approve courses of instruction for the procedures authorized in this
section.
(3) A registered dental assistant in extended functions who has
completed the prescribed training in HWPP No. 172 established by the
Office of Statewide Health Planning and Development pursuant to
Article 1 (commencing with Section 128125) of Chapter 3 of Part 3 of
Division 107 of the Health and Safety Code shall be deemed to have
satisfied the requirement for completion of a course of instruction
approved by the board.
(4) In addition to the instructional components described in this
subdivision, a program shall contain both of the instructional
components described in this paragraph:
(A) The course shall be established at the postsecondary
educational level.
(B) All faculty responsible for clinical evaluation shall have
completed a one-hour methodology course in clinical evaluation or
have a faculty appointment at an accredited dental education program
prior to conducting evaluations of students.
(d) The board may issue a permit to a registered dental assistant
in extended functions who files a completed application, including
the fee, to provide the duties specified in this section after the
board has determined the registered dental assistant in extended
functions has completed the coursework required in subdivision (c).
(e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 3. Section 1753.55 is added to the Business and Professions
Code, to read:
1753.55. (a) A registered dental assistant in extended functions
is authorized to perform the additional duties as set forth in
subdivision (b) pursuant to the order, control, and full professional
responsibility of a supervising dentist, if the licensee meets one
of the following requirements:
(1) Is licensed on or after January 1, 2010.
(2) Is licensed prior to January 1, 2010, has successfully
completed a board-approved course in the additional procedures
specified in paragraphs (1), (2), (5), and (7) to (11), inclusive, of
subdivision (b) of Section 1753.5, and passed the examination as
specified in Section 1753.4.
(b) (1) Determine which radiographs to perform on a patient who
has not received an initial examination by the supervising dentist
for the specific purpose of the dentist making a diagnosis and
treatment plan for the patient. In these circumstances, the dental
assistant in extended functions shall follow protocols established by
the supervising dentist. This paragraph only applies in the
following settings:
(A) In a dental office setting.
(B) In public health settings, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics, under the general
supervision of a dentist.
(2) Place protective restorations, which for this purpose are
identified as interim therapeutic restorations, and defined as a
direct provisional restoration placed to stabilize the tooth until a
licensed dentist diagnoses the need for further definitive treatment.
An interim therapeutic restoration consists of the removal of soft
material from the tooth using only hand instrumentation, without the
use of rotary instrumentation, and subsequent placement of an
adhesive restorative material. Local anesthesia shall not be
necessary for interim therapeutic restoration placement. Interim
therapeutic restorations shall be placed only in accordance with both
of the following:
(A) In either of the following settings:
(i) In a dental office setting, under the direct or general
supervision of a dentist as determined by the dentist.
(ii) In public health settings, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics, under the general
supervision of a dentist.
(B) After the diagnosis, treatment plan, and instruction to
perform the procedure provided by a dentist.
(c) The functions described in subdivision (b) may be performed by
a registered dental assistant in extended functions only after
completion of a program that includes training in performing those
functions, or after providing evidence, satisfactory to the board, of
having completed a board-approved course in those functions.
(d) No later than January 1, 2018, the board shall adopt
regulations to establish requirements for courses of instruction for
the procedures authorized to be performed by a registered dental
assistant in extended functions pursuant to this section using the
competency-based training protocols established by the Health
Workforce Pilot Project (HWPP) No. 172 through the Office of Health
Planning and Development. The board shall submit to the committee
proposed regulatory language for the curriculum for the Interim
Therapeutic Restoration to the committee for the purpose of
promulgating regulations for registered dental hygienists and
registered dental hygienists in alternative practice as described in
Section 1910.5. The language submitted by the board shall mirror the
instructional curriculum for the registered dental assistant in
extended functions. Any subsequent amendments to the regulations that
are promulgated by the board for the Interim Therapeutic Restoration
curriculum shall be submitted to the committee.
(e) The board may issue a permit to a registered dental assistant
in extended functions who files a completed application, including
the fee, to provide the duties specified in this section after the
board has determined the registered dental assistant in extended
functions has completed the coursework required in subdivision (c).
(f) This section shall become operative on January 1, 2018.
SEC. 4. Section 1910.5 is added to the Business and Professions
Code, to read:
1910.5. (a) In addition to the duties specified in Section 1910,
a registered dental hygienist is authorized to perform the following
additional duties, as specified:
(1) Determine which radiographs to perform on a patient who has
not received an initial examination by the supervising dentist for
the specific purpose of the dentist making a diagnosis and treatment
plan for the patient. In these circumstances, the dental hygienist
shall follow protocols established by the supervising dentist. This
paragraph shall only apply in the following settings:
(A) In a dental office setting.
(B) In a public health setting, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics.
(2) Place protective restorations, which for this purpose are
identified as interim therapeutic restorations, and defined as a
direct provisional restoration placed to stabilize the tooth until a
licensed dentist diagnoses the need for further definitive treatment.
An interim therapeutic restoration consists of the removal of soft
material from the tooth using only hand instrumentation, without the
use of rotary instrumentation, and subsequent placement of an
adhesive restorative material. Local anesthesia shall not be
necessary for interim therapeutic restoration placement. Interim
therapeutic restorations shall be placed only in accordance with both
of the following:
(A) In either of the following settings:
(i) In a dental office setting.
(ii) In a public health setting, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics.
(B) After the diagnosis, treatment plan, and instruction to
perform the procedure provided by a dentist.
(b) The functions described in subdivision (a) may be performed by
a registered dental hygienist only after completion of a program
that includes training in performing those functions, or after
providing evidence, satisfactory to the committee, of having
completed a committee-approved course in those functions.
(c) (1) No later than January 1, 2018, the committee shall adopt
regulations to establish requirements for courses of instruction for
the procedures authorized to be performed by a registered dental
hygienist and registered dental hygienist in alternative practice
pursuant to Sections 1910.5 and 1926.05 using the competency-based
training protocols established by the Health Workforce Pilot Project
(HWPP) No. 172 through the Office of Health Planning and Development.
The committee shall use the curriculum submitted by the dental
board, pursuant to Section 1753.55, to adopt regulatory language for
approval of courses of instruction for the Interim Therapeutic
Restoration. Any subsequent amendments to the regulations for the
Interim Therapeutic Restoration curriculum that are promulgated by
the committee shall be agreed upon by the board and the committee.
(2) Prior to January 1, 2018, the committee shall use the
competency-based training protocols established by HWPP No. 172
through the Office of Statewide Health Planning and Development to
approve courses of instruction for the procedures authorized in this
section.
(3) A registered dental hygienist who has completed the prescribed
training in HWPP No. 172 established by the Office of Statewide
Health Planning and Development pursuant to Article 1 (commencing
with Section 128125) of Chapter 3 of Part 3 of Division 107 of the
Health and Safety Code shall be deemed to have satisfied the
requirement for completion of a course of instruction approved by the
committee.
(4) In addition to the instructional components described in this
subdivision, a program shall contain both of the instructional
components described in this paragraph:
(A) The course shall be established at the postsecondary
educational level.
(B) All faculty responsible for clinical evaluation shall have
completed a one-hour methodology course in clinical evaluation or
have a faculty appointment at an accredited dental education program
prior to conducting evaluations of students.
(d) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 5. Section 1910.5 is added to the Business and Professions
Code, to read:
1910.5. (a) In addition to the duties specified in Section 1910,
a registered dental hygienist is authorized to perform the following
additional duties, as specified:
(1) Determine which radiographs to perform on a patient who has
not received an initial examination by the supervising dentist for
the specific purpose of the dentist making a diagnosis and treatment
plan for the patient. In these circumstances, the dental hygienist
shall follow protocols established by the supervising dentist. This
paragraph only applies in the following settings:
(A) In a dental office setting.
(B) In a public health setting, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics.
(2) Place protective restorations, which for this purpose are
identified as interim therapeutic restorations, and defined as a
direct provisional restoration placed to stabilize the tooth until a
licensed dentist diagnoses the need for further definitive treatment.
An interim therapeutic restoration consists of the removal of soft
material from the tooth using only hand instrumentation, without the
use of rotary instrumentation, and subsequent placement of an
adhesive restorative material. Local anesthesia shall not be
necessary for interim therapeutic restoration placement. Interim
therapeutic restorations shall be placed only in accordance with both
of the following:
(A) In either of the following settings:
(i) In a dental office setting.
(ii) In a public health setting, using telehealth, as defined by
Section 2290.5, for the purpose of communication with the supervising
dentist, including, but not limited to, schools, head start and
preschool programs, and community clinics.
(B) After the diagnosis, treatment plan, and instruction to
perform the procedure provided by a dentist.
(b) The functions described in subdivision (a) may be performed by
a registered dental hygienist only after completion of a program
that includes training in performing those functions, or after
providing evidence, satisfactory to the committee, of having
completed a committee-approved course in those functions.
(c) No later than January 1, 2018, the committee shall adopt
regulations to establish requirements for courses of instruction for
the procedures authorized to be performed by a registered dental
hygienist and registered dental hygienist in alternative practice
pursuant to Sections 1910.5 and 1926.05, using the competency-based
training protocols established by the Health Workforce Pilot Project
(HWPP) No. 172 through the Office of Health Planning and Development.
The committee shall use the curriculum submitted by the board
pursuant to Section 1753.55 to adopt regulatory language for approval
of courses of instruction for the Interim Therapeutic Restoration.
Any subsequent amendments to the regulations for the Interim
Therapeutic Restoration curriculum that are promulgated by the
committee shall be agreed upon by the board and the committee.
(d) This section shall become operative on January 1, 2018.
SEC. 6. Section 1925 of the Business and Professions Code is
amended to read:
1925. A registered dental hygienist in alternative practice may
practice, pursuant to subdivision (a) of Section 1907, subdivision
(a) of Section 1908, subdivisions (a) and (b) of Section 1910,
Section 1910.5, and Section 1926.05 as an employee of a dentist or of
another registered dental hygienist in alternative practice, as an
independent contractor, as a sole proprietor of an alternative dental
hygiene practice, as an employee of a primary care clinic or
specialty clinic that is licensed pursuant to Section 1204 of the
Health and Safety Code, as an employee of a primary care clinic
exempt from licensure pursuant to subdivision (c) of Section 1206 of
the Health and Safety Code, as an employee of a clinic owned or
operated by a public hospital or health system, or as an employee of
a clinic owned and operated by a hospital that maintains the primary
contract with a county government to fill the county's role under
Section 17000 of the Welfare and Institutions Code.
SEC. 7. Section 1926.05 is added to the Business and Professions
Code, to read:
1926.05. (a) In addition to the duties specified in Section 1926,
a registered dental hygienist in alternative practice is authorized
to perform the duties pursuant to Section 1910.5, in the following
settings:
(1) Residences of the homebound.
(2) Schools.
(3) Residential facilities and other institutions.
(b) A registered dental hygienist in alternative practice is
authorized to perform the duties pursuant to paragraph (2) of
subdivision (a) of Section 1910.5 in the settings specified in this
section under the general supervision of a dentist.
SEC. 8. Section 1944 of the Business and Professions Code is
amended to read:
1944. (a) The committee shall establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:
(1) The application fee for an original license and the fee for
issuance of an original license shall not exceed two hundred fifty
dollars ($250).
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(4) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(5) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(6) The biennial renewal fee shall not exceed one hundred sixty
dollars ($160).
(7) The delinquency fee shall not exceed one-half of the renewal
fee. Any delinquent license may be restored only upon payment of all
fees, including the delinquency fee, and compliance with all other
applicable requirements of this article.
(8) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(9) The fee for certification of licensure shall not exceed
one-half of the renewal fee.
(10) The fee for each curriculum review and site evaluation for
educational programs for dental hygienists who are not accredited by
a committee-approved agency shall not exceed two thousand one hundred
dollars ($2,100).
(11) The fee for each review or approval of course requirements
for licensure or procedures that require additional training shall
not exceed seven hundred fifty dollars ($750).
(12) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).
(13) The amount of fees payable in connection with permits issued
under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current amount of the
renewal fee for a license to practice under this article nor less
than five dollars ($5).
(c) Fees fixed by the committee by resolution pursuant to this
section shall not be subject to the approval of the Office of
Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement the
provisions of this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.
(f) The fee for registration of an extramural dental facility
shall not exceed two hundred fifty dollars ($250).
(g) The fee for registration of a mobile dental hygiene unit shall
not exceed one hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The initial application and biennial special permit fee is an
amount equal to the biennial renewal fee specified in paragraph (6)
of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out the
provisions of this article.
SEC. 9. Section 128196 is added to the Health and Safety Code, to
read:
128196. (a) Notwithstanding Section 128180, the office shall
extend the duration of the health workforce project known as Health
Workforce Pilot Project No. 172 until January 1, 2016, in order to
maintain the competence of the clinicians trained during the course
of the project, and to authorize training of additional clinicians in
the duties specified in HWPP No. 172.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 10. Section 14132.725 of the Welfare and Institutions Code is
amended to read:
14132.725. (a) To the extent that federal financial participation
is available, face-to-face contact between a health care provider
and a patient is not required under the Medi-Cal program for
teleophthalmology, teledermatology, and teledentistry by store and
forward. Services appropriately provided through the store and
forward process are subject to billing and reimbursement policies
developed by the department.
(b) For purposes of this section, "teleophthalmology,
teledermatology, and teledentistry by store and forward" means an
asynchronous transmission of medical or dental information to be
reviewed at a later time by a physician at a distant site who is
trained in ophthalmology or dermatology or, for teleophthalmology, by
an optometrist who is licensed pursuant to Chapter 7 (commencing
with Section 3000) of Division 2 of the Business and Professions
Code, or a dentist, where the physician, optometrist, or dentist at
the distant site reviews the medical or dental information without
the patient being present in real time. A patient receiving
teleophthalmology, teledermatology, or teledentistry by store and
forward shall be notified of the right to receive interactive
communication with the distant specialist physician, optometrist, or
dentist and shall receive an interactive communication with the
distant specialist physician, optometrist, or dentist, upon request.
If requested, communication with the distant specialist physician,
optometrist, or dentist may occur either at the time of the
consultation, or within 30 days of the patient's notification of the
results of the consultation. If the reviewing optometrist identifies
a disease or condition requiring consultation or referral pursuant to
Section 3041 of the Business and Professions Code, that consultation
or referral shall be with an ophthalmologist or other appropriate
physician and surgeon, as required.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, the
department may implement, interpret, and make specific this section
by means of all-county letters, provider bulletins, and similar
instructions.
