Bill Text: CA AB667 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 667	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 4, 2009
	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. Topical fluoride 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 of fluoride 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 include fluoride
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
topical fluoride, including fluoride 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   postextraction
 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.
   (d) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
   (e) The board may specify additional allowable duties by
regulation.
   (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.
   (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.
   (h) This section shall become operative on January 1, 2010.
  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 a federal, state, or local
governmental entity  ,  any person may apply topical
fluoride, including fluoride 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. 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, including fluoride 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   state.
Topical application of fluoride  may include, according to the
prescription and protocol established by the dentist,
self-application or application by another person.