Bill Text: CA AB1519 | 2019-2020 | Regular Session | Amended
Bill Title: Healing arts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-13 - Chaptered by Secretary of State - Chapter 865, Statutes of 2019. [AB1519 Detail]
Download: California-2019-AB1519-Amended.html
Amended
IN
Senate
July 02, 2019 |
Introduced by |
February 22, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Existing
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 144 of the Business and Professions Code is amended to read:144.
(a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at its discretion, criminal history information from the Department of Justice and the United States Federal Bureau of Investigation.(5)State Board of Guide Dogs for the Blind.
SEC. 2.
Section 205 of the Business and Professions Code is amended to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 3.
Section 205 is added to the Business and Professions Code, to read:205.
(a) There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:SEC. 4.
Section 205.2 is added to the Business and Professions Code, to read:205.2.
Whenever any reference is made in any provision of this code to the “State Dental Assistant Fund,” it means the State Dentistry Fund. All moneys within the State Dental Assistant Fund shall be deposited into the State Dentistry Fund by July 1, 2022. On July 1, 2022, the State Dental Assistant Fund shall be abolished.SECTION 1.SEC. 5.
Section 1601.1 of the Business and Professions Code is amended to read:1601.1.
(a) There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.SEC. 6.
Section 1602 of the Business and Professions Code is amended to read:1602.
All of the members of the board, except the public members, shall have been actively andSEC. 7.
Section 1603 of the Business and Professions Code is amended to read:Except
1603.
(a) Except for the initial appointments, members of the board shall be appointed for a term of four years, and each member shall hold office until the appointment and qualification of A
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SEC. 8.
Section 1603a of the Business and Professions Code is amended and renumbered to read:1603a.1603.1.
A member of the Dental Board of California who has served two terms shall not be eligible for reappointment to the board. In computing two terms hereunder, that portion of an unexpired term that a member fills as a result of a vacancy shall be excluded.SEC. 9.
Section 1604 of the Business and Professions Code is amended to read:1604.
Each member of the board, uponSEC. 10.
Section 1605 of the Business and Professions Code is amended to read:1605.
SEC. 11.
Section 1607 of the Business and Professions Code is amended to read:1607.
The board shall meet regularly once each year in the San Francisco Bay area and once each year inSEC. 12.
Section 1611.3 of the Business and Professions Code is amended to read:1611.3.
SEC. 13.
Section 1616 of the Business and Professions Code is amended to read:1616.
The board shall have full power to employ all necessary investigators,SEC. 2.SEC. 14.
Section 1616.5 of the Business and Professions Code is amended to read:1616.5.
(a) The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in the executive officer by this chapter.SEC. 15.
Section 1616.6 of the Business and Professions Code is amended to read:1616.6.
There is hereby established within the board a full-time management level staff position, under the direction of the executive officer, whoseSEC. 16.
Section 1618 of the Business and Professions Code is amended to read:1618.
(a) The original books, records, and papers of the board shall be kept at the office of the executive officer, which shall be at such place as may be designated by the board. The
SEC. 17.
Section 1619 of the Business and Professions Code is amended to read:1619.
SEC. 18.
Section 1620.1 of the Business and Professions Code is repealed.The Department of Consumer Affairs, in conjunction with the board and the Joint Committee on Boards, Commissions, and Consumer Protection, shall review the scope of practice for dental auxiliaries. The department shall employ the services of an independent consultant to perform this comprehensive analysis. The department shall be authorized to enter into an interagency agreement or be exempted from obtaining sole source approval for a sole source contract. The board shall pay for all of the costs associated with this comprehensive analysis. The department shall
report its findings and recommendations to the Legislature by September 1, 2002.
SEC. 19.
Section 1621 of the Business and Professions Code is amended to read:1621.
The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria:SEC. 20.
Section 1625 of the Business and Professions Code is amended to read:1625.
Dentistry is the diagnosis or treatment, by surgery or other method, of diseases and lesions and the correction of malpositions of the human teeth, alveolar process, gums, jaws, or associated structures; and such diagnosis or treatment may include all necessary related procedures as well as the use of drugs, anesthetic agents, and physical evaluation. Without limiting the foregoing, a person practices dentistry within the meaning of this chapter who does any one or more of the following:SEC. 21.
Section 1625.1 of the Business and Professions Code is amended to read:1625.1.
(a) Any of the following entities may employ licensees and dental assistants and charge for the professional services they render, and shall not be deemed to be practicing dentistry within the meaning of Section 1625:SEC. 22.
Section 1625.2 of the Business and Professions Code is amended to read:1625.2.
(a) For purposes of subdivision (e) of Section 1625, the ownership or management, by a tax-exempt nonprofit corporation supported and maintained in whole or in substantial part by donations, bequests, gifts, grants, government funds, or contributions, that may be in the form of money, goods, or services, of a place where dental operations are performed, shall not be construed to be the unlicensed practice of dentistry, as long as all of the following apply:SEC. 23.
Section 1625.3 of the Business and Professions Code is amended to read:1625.3.
(a) Notwithstanding any other provision of law, upon the incapacity or death of a dentist, if the requirements of Section 1625.4 are met, any of the following persons may employ licensees and dental assistants and charge for the professional services they render for a period not to exceed 12 months from the date of the dentist’s death or incapacity without being deemed to be practicing dentistry within the meaning of Section 1625:SEC. 24.
Section 1625.4 of the Business and Professions Code is amended to read:1625.4.
(a) Where the dental practice of an incapacitated or deceased dentist is a sole proprietorship or where an incapacitated or deceased dentist is the sole shareholder of a professional dental corporation, a person identified in subdivision (a) of Section 1625.3 may enter into a contract with one or more dentists licensed in the state to continue the operations of the incapacitated or deceased dentist’s dental practice for a period of no more than 12 months from the date of death or incapacity, or until the practice is sold or otherwise disposed of, whichever occurs first, if all of the following conditions are met:SEC. 25.
Section 1626 of the Business and Professions Code is amended to read:1626.
It is unlawful for any person to engage in the practice of dentistry in the state, either privately or as an employee of a governmental agency or political subdivision, unless the person has a valid, unexpired license or special permit from the board.SEC. 26.
Section 1626.2 of the Business and Professions Code is amended to read:1626.2.
SEC. 27.
Section 1626.6 of the Business and Professions Code is amended to read:1626.6.
(a) (1) In addition to the exemptions set forth in Section 1626, the practice of dentistry by a final year student rendered or performed without compensation or expectation of compensation under the supervision of a licensed dentist with a clinical faculty appointment at a sponsored event, is exempt from the operation of this chapter.SEC. 28.
Section 1627.5 of the Business and Professions Code is amended to read:1627.5.
(a)SEC. 29.
Section 1628 of the Business and Professions Code is amended to read:1628.
Any person over 18 years of age is eligible to take an examination before the board upon making application therefor and meeting all of the following requirements:SEC. 30.
Section 1628.5 of the Business and Professions Code is amended to read:1628.5.
The board may deny an application to take an examination for licensure as a dentist or dental(a)Committed any act which would be grounds for the suspension or revocation of a license issued pursuant to this code.
(b)Committed any act or been convicted of a crime constituting grounds for denial of licensure or registration under Section 480.
(c)While unlicensed, committed, or aided and abetted the commission of, any act for which a license is required by this chapter.
(d)Suspension or revocation of a license issued by another state or territory on grounds which would constitute a basis for suspension or revocation of licensure in this state.
The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
SEC. 31.
Section 1628.7 of the Business and Professions Code is amended to read:1628.7.
(a) The board may, upon an applicant’s successful completion of the board examination, in its sole discretion, issue a probationary license to an applicant for licensure as a dentist or dentalSEC. 32.
Section 1629 of the Business and Professions Code is amended to read:1629.
(a) Any member of the board may inquire of any applicant for examination concerningSEC. 33.
Section 1630 of the Business and Professions Code is amended to read:1630.
The examination of applicants for a license to practice dentistry in this state, as described in Section 1632, shall be sufficiently thorough to test the fitness of the applicant to practice dentistry, andSEC. 34.
Section 1632 of the Business and Professions Code is amended to read:1632.
(a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
SEC. 35.
Section 1633 of the Business and Professions Code is amended to read:1633.
(a) When an applicant for a license has received a grading of 85 percent or above in any given subject,SEC. 36.
Section 1634.1 of the Business and Professions Code is amended to read:1634.1.
Notwithstanding Section 1634, the board may grant a license to practice dentistry to an applicant who submits all of the following to the board:SEC. 37.
Section 1636.4 of the Business and Professions Code is amended to read:1636.4.
(a) The Legislature recognizes the need to ensure that graduates of foreign dental schools who have received an education that is equivalent to that of accredited institutions in the United States and that adequately prepares their students for the practice of dentistry shall be subject to the same licensure requirements as graduates of approved dental schools or colleges. It is the purpose of this section to provide for the evaluation of foreign dental schools and the approval of those foreign dental schools that provide an education that is equivalent to that of similar accredited institutions in the United States and that adequately prepare their students for the practice of dentistry.SEC. 38.
Section 1636.4 is added to the Business and Professions Code, to read:1636.4.
(a) The Legislature recognizes the need to ensure that graduates of foreign dental schools who have received an education that is equivalent to that of accredited institutions in the United States and that adequately prepares the students for the practice of dentistry shall be subject to the same licensure requirements as graduates of approved dental schools or colleges. It is the purpose of this section to provide for the evaluation of foreign dental schools and the approval of those foreign dental schools that provide an education that is equivalent to that of similar accredited institutions in the United States and that adequately prepare their students for the practice of dentistry.SEC. 39.
Section 1636.6 of the Business and Professions Code is repealed.The Legislature hereby finds and declares that in order to assure that the people of California receive the highest quality of dental care, dentists graduating from dental schools outside of the United States who apply for licensure in California must possess the same training and skills as applicants from schools that have been approved by the board. The Legislature further finds and declares that the current process for ensuring the adequacy of training of these applicants is deficient, that high numbers of foreign dental graduates are failing the restorative
technique examination required in Section 1636, and that there are numerous repeat failures. The Legislature further finds and declares that while current law requires that a foreign dental graduate who fails the restorative technique examination is required to take a minimum of two years of additional training from a dental school approved by the board, only three of the five dental schools operating in California offer a two-year course of study for graduates of foreign dental schools.
Therefore, the Legislature hereby urges all dental schools in this state to provide in their curriculum a two-year course of study that may be utilized by graduates of foreign dental schools to attain the prerequisites for licensure in California.
SEC. 40.
Section 1645 of the Business and Professions Code is amended to read:1645.
(a) (1) All holders of licenses under this chapter shall continue their education after receiving a license as a condition to the renewal thereof, and shall obtain evidence satisfactory to the board that they have, during the preceding two-year period, obtained continuing education relevant to developments in the practice of dentistry and dental assisting consistent with regulations established by the board.(d)The board shall report on the outcome of subdivision (c) pursuant to, and at the time of, its regular sunset review process, as provided in Section 1601.1.
SEC. 41.
Section 1645.1 of the Business and Professions Code is amended to read:1645.1.
(a)SEC. 42.
Section 1658 of the Business and Professions Code is amended to read:1658.
(a) (1) When a licensee desires to have more than one place of practice,SEC. 43.
Section 1673 is added to the Business and Professions Code, to read:1673.
(a) On and after July 1, 2020, except as otherwise provided in subdivision (c), the board shall require a licensee to provide to a patient or the patient’s guardian or health care surrogate a separate disclosure that includes the licensee’s probation status, the length of the probation, the probation end date, all practice restrictions placed on the licensee by the board, the board’s telephone number, and an explanation of how the patient can find further information on the licensee’s probation on the licensee’s profile page on the board’s online license information internet website. The disclosure shall be provided before the patient’s first visit following the probationary order while the licensee is on probation pursuant to a probationary order made on and after July 1, 2020, in any of the following circumstances:SEC. 44.
Section 1680 of the Business and Professions Code is amended to read:1680.
Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following:SEC. 45.
Section 1683.1 is added to the Business and Professions Code, to read:1683.1.
(a) Any individual, partnership, corporation, or other entity that provides a service authorized under this chapter through teledentistry shall make available the name and state license number of any dentist who will be involved in the provision of services to a patient at any time prior to or during the rendering of services.SEC. 46.
Section 1683.2 is added to the Business and Professions Code, to read:1683.2.
A provider of dental services shall not require a patient to sign an agreement that limits the patient’s ability to file a complaint with the board.SEC. 47.
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):SEC. 48.
Section 1718.3 of the Business and Professions Code is amended to read:1718.3.
(a) A license which is not renewed within five years after its expiration may not be renewed, restored, reinstated, or reissued thereafter, but the holder of the license may apply for and obtain a new license if the following requirements are satisfied:SEC. 49.
Section 1721 of the Business and Professions Code is amended to read:1721.
Except as provided in SectionsSEC. 50.
Section 1721.5 of the Business and Professions Code is amended to read:1721.5.
(b)On July 1, 2009, all moneys in the State Dental Auxiliary Fund, other than the moneys described in Section 1945, shall be transferred to the State Dental Assistant Fund. The board’s authority to expend those funds, as appropriated in the 2008 Budget Act, shall continue in order to carry out the provisions of this chapter as they related to dental assistants licensed under this chapter for the 2008–09 fiscal year, including the payment of any encumbrances related to dental assistants licensed under this chapter incurred by the State Dental Auxiliary Fund.
SEC. 51.
Section 1725 of the Business and Professions Code is amended to read:1725.
The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)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.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)
(m)
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SEC. 52.
Section 1740 of the Business and Professions Code is amended to read:1740.
It is the intention of the Legislature by enactment of this article to permit the full utilization of dentalSEC. 53.
Section 1742 of the Business and Professions Code is amended to read:1742.
(a) There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:SEC. 54.
Section 1749.1 of the Business and Professions Code is amended to read:1749.1.
In addition to any other examination required by this article, the board may require applicants for licensure under this article to successfully completeSEC. 55.
Section 1752.1 of the Business and Professions Code is amended to read:1752.1.
(a) The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:SEC. 56.
Section 1752.3 of the Business and Professions Code is repealed.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
SEC. 57.
Section 2096 of the Business and Professions Code, as added by Section 49 of Chapter 775 of the Statutes of 2017, is amended to read:2096.
(a) In addition to other requirements of this chapter, before a physician’s and surgeon’s license may be issued, each applicant, including an applicant applying pursuant to Article 5 (commencing with Section 2100), shall show by evidence satisfactory to the board thatSEC. 58.
Section 2290.5 of the Business and Professions Code is amended to read:2290.5.
(a) For purposes of this division, the following definitions shall apply:(g)
(h)