Bill Text: CA AB667 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Topical fluoride application.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 119, Statutes of 2009. [AB667 Detail]
Download: California-2009-AB667-Amended.html
Bill Title: Topical fluoride application.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 119, Statutes of 2009. [AB667 Detail]
Download: California-2009-AB667-Amended.html
BILL NUMBER: AB 667 AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 2, 2009 INTRODUCED BY Assembly Member Block FEBRUARY 25, 2009 An act to amend Section 1750.1 of the Business and Professions Code, and to amend Section 104830 of, and to add Section 104762 to, the Health and Safety Code, relating to oral health. LEGISLATIVE COUNSEL'S DIGEST AB 667, as amended, Block. Topicalflouridefluoride application. Existing law requires that pupils of public and private elementary and secondary schools, except community colleges, be offered the opportunity to receive, within the school year, the topical application offlouridefluoride or other decay-inhibiting agent to the teeth, as specified. Existing law requires the application to be under the direction of a dentist and allows for self-application. Under existing law, a dental assistant may only perform topical fluoride applications under the direct supervision of a licensed dentist, as defined. This bill would , when services are provided to elementary or postsecondary pupils specifically includeflouridefluoride varnish in the topical applications that may be used and allow application by any person , including a dental assistant . The bill would also permit any person , including a dental assistant, to apply topicalflouridefluoride , includingflouridefluoride varnish, or other decay-inhibiting agent to the teeth of a person being served in a public health setting or program that is created or administered by a state or local governmental entity, as specified. It would require, with respect to services to which the bill applies, that they be provided in accordance with a prescription and protocol issued and established by a physician or dentist. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1750.1 of the Business and Professions Code is amended to read: 1750.1. (a) A dental assistant may perform the following duties under the general supervision of a supervising licensed dentist: (1) Extra-oral duties or procedures specified by the supervising licensed dentist, provided that these duties or procedures meet the definition of a basic supportive procedure specified in Section 1750. (2) Operate dental radiography equipment for the purpose of oral radiography if the dental assistant has complied with the requirements of Section 1656. (3) Perform intraoral and extraoral photography. (b) A dental assistant may perform the following duties under the direct supervision of a supervising licensed dentist: (1) Apply nonaerosol and noncaustic topical agents. (2) Apply topical fluoride. (3) Take intraoral impressions for all nonprosthodontic appliances. (4) Take facebow transfers and bite registrations. (5) Place and remove rubber dams or other isolation devices. (6) Place, wedge, and remove matrices for restorative procedures. (7) Remove post-extraction dressings after inspection of the surgical site by the supervising licensed dentist. (8) Perform measurements for the purposes of orthodontic treatment. (9) Cure restorative or orthodontic materials in operative site with a light-curing device. (10) Examine orthodontic appliances. (11) Place and remove orthodontic separators. (12) Remove ligature ties and archwires. (13) After adjustment by the dentist, examine and seat removable orthodontic appliances and deliver care instructions to the patient. (14) Remove periodontal dressings. (15) Remove sutures after inspection of the site by the dentist. (16) Place patient monitoring sensors. (17) Monitor patient sedation, limited to reading and transmitting information from the monitor display during the intraoperative phase of surgery for electrocardiogram waveform, carbon dioxide and end tidal carbon dioxide concentrations, respiratory cycle data, continuous noninvasive blood pressure data, or pulse arterial oxygen saturation measurements, for the purpose of interpretation and evaluation by a supervising licensed dentist who shall be at the patient's chairside during this procedure. (18) Assist in the administration of nitrous oxide when used for analgesia or sedation. A dental assistant shall not start the administration of the gases and shall not adjust the flow of the gases unless instructed to do so by the supervising licensed dentist who shall be present at the patient's chairside during the implementation of these instructions. This paragraph shall not be construed to prevent any person from taking appropriate action in the event of a medical emergency. (c) Notwithstanding subdivision (b), when operating in a school-based setting or a public health program created or administered by a federal, state, county, or local governmental entity pursuant to Sections 104762 and 104830 of the Health and Safety Code, a dental assistant may apply topical fluoride under the general direction of a licensed dentist or physician.(c)(d) Under the supervision of a registered dental hygienist in alternative practice, a dental assistant may perform intraoral retraction and suctioning.(d)(e) The board may specify additional allowable duties by regulation.(e)(f) The duties of a dental assistant or a dental assistant holding a permit in orthodontic assisting or in dental sedation do not include any of the following procedures unless specifically allowed by law: (1) Diagnosis and comprehensive treatment planning. (2) Placing, finishing, or removing permanent restorations. (3) Surgery or cutting on hard and soft tissue including, but not limited to, the removal of teeth and the cutting and suturing of soft tissue. (4) Prescribing medication. (5) Starting or adjusting local or general anesthesia or oral or parenteral conscious sedation, except for the administration of nitrous oxide and oxygen, whether administered alone or in combination with each other and except as otherwise provided by law.(f)(g) The duties of a dental assistant are defined in subdivision (a) of Section 1750 and do not include any duty or procedure that only an orthodontic assistant permitholder, dental sedation assistant permitholder, registered dental assistant, registered dental assistant in extended functions, registered dental hygienist, or registered dental hygienist in alternative practice is allowed to perform.(g)(h) This section shall become operative on January 1, 2010.SECTION 1.SEC. 2. Section 104762 is added to the Health and Safety Code, to read: 104762. Within a public health setting or a public health program that is created or administered by astatefederal, state, or local governmental entity any person may apply topicalflouridefluoride , includingflouridefluoride varnish, or other decay-inhibiting agent to the teeth of individuals who are being served in that setting or program, according to the prescription and protocol issued and established by a physician or dentist.SEC. 2.SEC. 3. Section 104830 of the Health and Safety Code is amended to read: 104830. Pupils of public and private elementary and secondary schools, except pupils of community colleges, shall be provided the opportunity to receive within the school year the topical application of fluoride, includingflouridefluoride varnish, or other decay-inhibiting agent to the teeth in the manner approved by the department. The program of topical application shall be under the general direction of a dentist licensed in the state and mayinclude application by a teacher, parent, volunteer, or other person, or self-application, if appropriate.include, according to the prescription and protocol established by the dentist, self-application or application by another person.