Bill Text: CA AB936 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 936

Bill Title: Dentistry: exemptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 550, Statutes of 2023. [AB936 Detail]

Download: California-2023-AB936-Chaptered.html

Assembly Bill No. 936

CHAPTER 550

An act to amend Section 1626.6 of the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor October 08, 2023. Filed with Secretary of State October 08, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 936, Wood. Dentistry: exemptions.

Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California. Existing law prohibits the practice of dentistry by any person without a valid license, except in certain circumstances, including a final year student, as defined, practicing dentistry at a sponsored event, without compensation or expectation of compensation and under the supervision of a licensed dentist with a clinical faculty appointment, if specified conditions are met. Existing law defines a final year student, for this purpose, to mean a student of dentistry in the student’s final year of completion at a dental school approved by the board, including a student enrolled in an advanced dental program. Existing law imposes various requirements on the practice of final year students at a sponsored event, including that they perform only those procedures for which they are credentialed or are permitted to perform in a school setting, as specified.

With respect to those above-described provisions relating to the practice of a final year student at a sponsored event, this bill would instead apply those provisions to a dental student, defined as a person who has begun clinical training at a dental school approved by the board, and would make conforming changes. The bill would additionally require the designated supervising faculty to assess each patient treated by a dental student at a sponsored event and to determine if the assigned student has the skill level necessary to provide that patient care.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

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 dental 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.

(2) The practice of dentistry exempted by paragraph (1) only includes those operations, approved by the board, that are rendered or performed under the same conditions as operations exempt under subdivision (b) of Section 1626.

(b) For purposes of this section, all of the following shall apply:

(1) “Dental student” means a person who has begun clinical training at a dental school approved by the board.

(2) “Licensed dentist” means a dentist licensed pursuant to this chapter.

(3) “Patient” means a dental patient or, in the case of a minor, the patient’s representative.

(4) “Sponsored event” means an event, not to exceed 10 calendar days, administered by a sponsoring entity or a local governmental entity, or both, through which health care is provided to the public without compensation or expectation of compensation.

(5) “Sponsoring dental school” means a dental school that sanctions student and clinical faculty participation at a sponsored event.

(6) “Sponsoring entity” means a nonprofit organization pursuant to Section 501(c)(3) of the Internal Revenue Code, or a community-based organization.

(c) The volunteer practice of dentistry by students pursuant to this section shall comply with all of the following requirements:

(1) Each patient shall be sufficiently informed that a dental student may be providing some of the treatment that the patient will be receiving.

(2) Any information provided to the patient to give informed consent shall offer the patient the option to decline to be treated by the student.

(3) The volunteer practice of a student shall be supervised by clinical faculty from the dental school in which the student is enrolled.

(4) Each volunteer student shall wear an identification badge that clearly identifies the student as a dental student. The identification badge shall display the student’s name, the name of the student’s dental school, and the name and the telephone number of the Dental Board of California. That information shall be displayed in 14-point font, at minimum.

(5) Supervision ratios and student oversight shall be at least as stringent as the standards set for the procedure being performed by the student and the age of the patient, in accordance with the standards at the sponsoring dental school’s clinical department, laboratory, or dental extension program operated pursuant to subdivision (b) of Section 1626.

(6) (A) The student shall perform only those procedures in which the student is credentialed or those procedures the student is permitted to perform in the school’s clinical department, laboratory, or dental extension program operated pursuant to subdivision (b) of Section 1626.

(B) For any clinical procedures, the designated supervising faculty shall be responsible for assessing the patient treated by a student and determining if the assigned student has the skill level necessary to provide that patient care.

(d) The student or the student’s sponsoring dental school shall ensure liability insurance coverage is obtained that covers all services provided by the student, including diagnosis, treatment, and evaluation.

(e) The sponsoring entity of the sponsored event shall provide the Dental Board of California with a list of the names of the students practicing dentistry exempted by this section at the sponsored event, the name of the school of enrollment of those students, and the name and license number of the supervising licensed dentist.

SEC. 2.

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 California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to provide much needed care to underserved people at free health care and dental clinics and provide dental students with the opportunity to learn the importance of giving back to their community at a time when we are seeing barriers to care and workforce shortages across health care, it is necessary that this act take effect immediately.