Bill Text: CA AB2331 | 2015-2016 | Regular Session | Chaptered
Bill Title: Dentistry: applicants to practice.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 572, Statutes of 2016. [AB2331 Detail]
Download: California-2015-AB2331-Chaptered.html
BILL NUMBER: AB 2331 CHAPTERED
BILL TEXT
CHAPTER 572
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 29, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE JUNE 16, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
AMENDED IN ASSEMBLY MARCH 28, 2016
INTRODUCED BY Assembly Member Dababneh
FEBRUARY 18, 2016
An act to amend Section 1632 of, and to add Sections 1632.55 and
1632.7 to, the Business and Professions Code, relating to dentistry,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2331, Dababneh. Dentistry: applicants to practice.
The Dental Practice Act provides for the licensure and regulation
of dentists and associated professions by the Dental Board of
California within the Department of Consumer Affairs. The act
requires each applicant for a license to practice dentistry to
successfully complete specified examinations, including receiving a
passing score on either a portfolio examination, as specified, or a
clinical and written examination administered by the Western Regional
Examining Board, which determines the passing score for that
examination.
This bill would additionally allow an applicant to satisfy that
examination requirement by receiving a passing score on the clinical
and written examination developed by the American Board of Dental
Examiners, Inc., subject to prior review and approval of the
examination by the Office of Professional Examination Services, as
provided, delivery of this review to the Dental Board of California,
and payment of specified expenses incurred by the board.
Existing law authorizes the Director of Finance to accept on
behalf of the state any gift of real or personal property whenever he
or she deems the gift and the terms and conditions thereof to be in
the best interest of the state. Existing law establishes the Special
Deposit Fund, a continuously appropriated fund, which consists of
money that is paid into it in trust pursuant to law when no other
fund has been created to receive that money.
This bill would authorize the Department of Finance to accept
funds for the purposes of reviewing and analyzing the dental
examination developed by the American Board of Dental Examiners,
Inc., described above. Because these funds would be deposited in the
Special Deposit Fund, a continuously appropriated fund, this bill
would make an appropriation.
This bill would incorporate additional changes to Section 1632 of
the Business and Professions Code proposed by SB 1478 that would
become operative if this bill and SB 1478 are enacted and this bill
is enacted last.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1632 of the Business and Professions Code is
amended to read:
1632. (a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National Dental
Examinations.
(b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed and
administered by the board. The board shall provide a separate
application for this examination. The board shall ensure that the law
and ethics examination reflects current law and regulations, and
ensure that the examinations are randomized. Applicants shall submit
this application and required fee to the board in order to take this
examination. In addition to the aforementioned application, the only
other requirement for taking this examination shall be certification
from the dean of the qualifying dental school attended by the
applicant that the applicant has graduated, or will graduate, or is
expected to graduate. Applicants who submit completed applications
and certification from the dean at least 15 days prior to a scheduled
examination shall be scheduled to take the examination. Successful
results of the examination shall, as established by board regulation,
remain valid for two years from the date that the applicant is
notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:
(1) A portfolio examination of the applicant's competence to enter
the practice of dentistry. This examination shall be conducted while
the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination shall
utilize uniform standards of clinical experiences and competencies,
as approved by the board pursuant to Section 1632.1. The applicant
shall pass a final assessment of the submitted portfolio at the end
of his or her dental school program. Before any portfolio assessment
may be submitted to the board, the applicant shall remit the required
fee to the board to be deposited into the State Dentistry Fund, and
a letter of good standing signed by the dean of his or her dental
school or his or her delegate stating that the applicant has
graduated or will graduate with no pending ethical issues.
(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.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western
Regional Examining Board.
(B) The clinical and written examination developed by the American
Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is
authorized to do either of the following:
(1) Approve an application for examination from, and to examine an
applicant who is enrolled in, but has not yet graduated from, a
reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled in,
but had not graduated from, a reputable dental school approved by
the board at the time the examination was administered.
In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to
patients, for the examination provided pursuant to subparagraph (B)
of paragraph (2) of subdivision (c).
SEC. 1.5. 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.
(b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed and
administered by the board. The board shall provide a separate
application for this examination. The board shall ensure that the law
and ethics examination reflects current law and regulations, and
ensure that the examinations are randomized. Applicants shall submit
this application and required fee to the board in order to take this
examination. In addition to the aforementioned application, the only
other requirement for taking this examination shall be certification
from the dean of the qualifying dental school attended by the
applicant that the applicant has graduated, or will graduate, or is
expected to graduate. Applicants who submit completed applications
and certification from the dean at least 15 days prior to a scheduled
examination shall be scheduled to take the examination. Successful
results of the examination shall, as established by board regulation,
remain valid for two years from the date that the applicant is
notified of having passed the examination.
(c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:
(1) A portfolio examination of the applicant's competence to enter
the practice of dentistry. This examination shall be conducted while
the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination shall
utilize uniform standards of clinical experiences and competencies,
as approved by the board pursuant to Section 1632.1. The applicant
shall pass a final assessment of the submitted portfolio at the end
of his or her dental school program. Before any portfolio assessment
may be submitted to the board, the applicant shall remit the required
fee to the board to be deposited into the State Dentistry Fund, and
a letter of good standing signed by the dean of his or her dental
school or his or her delegate stating that the applicant has
graduated or will graduate with no pending ethical issues.
(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.
(2) Either one of the following examinations:
(A) A clinical and written examination administered by the Western
Regional Examining Board.
(B) The clinical and written examination developed by the American
Board of Dental Examiners, Inc.
(d) Notwithstanding subdivision (b) of Section 1628, the board is
authorized to do either of the following:
(1) Approve an application for examination from, and to examine an
applicant who is enrolled in, but has not yet graduated from, a
reputable dental school approved by the board.
(2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled in,
but had not graduated from, a reputable dental school approved by
the board at the time the examination was administered.
In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).
(e) The board may determine the testing format, as related to
patients, for the examination provided pursuant to subparagraph (B)
of paragraph (2) of subdivision (c).
SEC. 2. Section 1632.55 is added to the Business and Professions
Code, to read:
1632.55. (a) Prior to implementation of subparagraph (B) of
paragraph (2) of subdivision (c) of Section 1632, the department's
Office of Professional Examination Services shall review the American
Board of Dental Examiners, Inc. examination to ensure compliance
with the requirements of Section 139 and to certify that the
examination process meets those standards, and deliver this review to
the Dental Board of California. If the department determines that
the examination process fails to meet those standards, does not
deliver the review to the Dental Board of California, or if the
American Board of Dental Examiners, Inc. fails to pay the costs and
expenses the board incurs, as described in subdivision (d),
subparagraph (B) of paragraph (2) of subdivision (c) of Section 1632
shall not be implemented.
(b) The American Board of Dental Examiners, Inc. examination
process shall be regularly reviewed by the department pursuant to
Section 139.
(c) The American Board of Dental Examiners, Inc. examination shall
meet the mandates of subdivision (a) of Section 12944 of the
Government Code.
(d) The American Board of Dental Examiners, Inc. shall pay all
reasonable costs and expenses the board incurs for the purposes of
implementing this section.
(e) The American Board of Dental Examiners, Inc. examination may
only be accepted for licensure by a candidate after it is determined
that the examination has met the requirements of this section.
Examinations taken prior to that date may not be used for licensure.
SEC. 3. Section 1632.7 is added to the Business and Professions
Code, to read:
1632.7. The Department of Finance may accept funds pursuant to
Sections 11005.1 and 16302 of the Government Code for the purposes of
reviewing and analyzing the examination developed by the American
Board of Dental Examiners, Inc., as described in Section 1632.55.
SEC. 4. Section 1.5 of this bill incorporates amendments to
Section 1632 of the Business and Professions Code proposed by both
this bill and Senate Bill 1478. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 1632 of the Business and
Professions Code, and (3) this bill is enacted after Senate Bill
1478, in which case Section 1 of this bill shall not become
operative.
