Bill Text: CA AB2750 | 2013-2014 | Regular Session | Amended
Bill Title: Dentistry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-26 - Withdrawn from committee. Re-referred to Com. on RLS. [AB2750 Detail]
Download: California-2013-AB2750-Amended.html
BILL NUMBER: AB 2750 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Roger Hernández
MARCH 13, 2014
An act to add Section 2066.5 to amend
Sections 1632 and 1632.5 of the Labor
Business and Professions Code, relating to car washes.
dentistry, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2750, as amended, Roger Hernández. Car washes.
Dentistry.
(1) 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. Existing law requires that board to determine the
passing score for that examination.
This bill would additionally allow an applicant to satisfy that
examination requirement by receiving a passing score on a clinical
and written examination administered by the North East Regional Board
of Dental Examiners, Inc., or an examination developed by the
American Board of Dental Examiners, Inc. The bill would require those
boards to determine the passing score for their respective
examinations.
(2) Existing law requires the department to periodically review
the examination process of the Western Regional Examining Board.
Existing law requires that the Western Regional Examining Board
examination meet specified antidiscrimination mandates.
This bill would additionally apply those provisions to the North
East Regional Board of Dental Examiners, Inc. and the American Board
of Dental Examiners, Inc.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Existing law regulates the employment practices of car washes,
including providing specific recordkeeping requirements that
employers of car washers must implement with regard to car washer
wages, hours, and working conditions, under the enforcement authority
of the Division of Labor Standards and Enforcement. Existing law
requires employers of car washers to register with the Labor
Commissioner and pay a specified registration fee, or be subject to a
specified civil fine. Existing law also requires employers of car
washers to post a $150,000 bond for the benefit of the state to
compensate employees damaged by the employer's nonpayment of wages,
except as specified. Existing law also provides that a successor to
an employer that owed wages and penalties to the predecessor's
employees is liable for those wages and penalties under specified
circumstances.
This bill would require a car wash employer to provide written
notice to a successor employer regarding the above provisions prior
to the sale or other transfer of the business.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
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 to the board
a three hundred fifty dollar ($350) fee, 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) A clinical and written examination administered by the Western
Regional Examining Board, which Board or the
North East Regional Board of Dental Examiners, Inc., or an
examination developed by the American Board of Dental Examiners,
Inc., or a successor organization of any of those boards. The
board that administered or developed an examination shall
determine the passing score for that examination.
(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).
SEC. 2. Section 1632.5 of the Business
and Professions Code is amended to read:
1632.5. (a) Prior to implementation of paragraph (2) of
subdivision (c) of Section 1632, the department's Office of
Professional Examination Services shall review the Western Regional
Examining Board examination to ensure compliance with the
requirements of Section 139 and to certify that the examination
process meets those standards. If the department determines that the
examination process fails to meet those standards, paragraph (2) of
subdivision (c) of Section 1632 shall not be implemented. The review
of the Western Regional Examining Board examination shall be
conducted during or after the Dental Board of California's
occupational analysis scheduled for the 2004-05 fiscal year, but not
later than September 30, 2005. However, an applicant who successfully
completes the Western Regional Examining Board examination on or
after January 1, 2005, shall be deemed to have met the requirements
of subdivision (c) of Section 1632 if the department certifies that
the Western Regional Examining Board examination meets the standards
set forth in this subdivision.
(b) The department, pursuant to Section 139, shall regularly
review the examination processes of the Western Regional
Examining Board examination process shall be regularly
reviewed by the department pursuant to Section 139.
Board, the North East Regional Board of Dental Examiners, and the
American Board of Dental Examiners.
(c) The examinations of the Western Regional Examining
Board examination Board, the North East
Regional Board of Dental Examiners, and the American Board of Dental
Examiners shall meet the mandates of subdivision (a) of Section
12944 of the Government Code.
(d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.
SEC. 3. This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
In order to ease the dentist shortage in California created by
Covered California's requirement that all children's health plans
offer pediatric dental coverage as an essential health benefit, it is
necessary that this act take effect immediately.
SECTION 1. Section 2066.5 is added to the Labor
Code, to read:
2066.5. An employer engaged in car washing and polishing shall
notify a successor with written notice of the provisions of this
part, including Section 2066, prior to the sale or other transfer of
the business.
