Bill Text: CA SB540 | 2011-2012 | Regular Session | Chaptered
Bill Title: Dentistry.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2011-09-30 - Chaptered by Secretary of State. Chapter 385, Statutes of 2011. [SB540 Detail]
Download: California-2011-SB540-Chaptered.html
BILL NUMBER: SB 540 CHAPTERED
BILL TEXT
CHAPTER 385
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2011
APPROVED BY GOVERNOR SEPTEMBER 30, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN ASSEMBLY JULY 12, 2011
AMENDED IN ASSEMBLY JUNE 27, 2011
AMENDED IN SENATE MAY 12, 2011
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Price
FEBRUARY 17, 2011
An act to amend Sections 651, 1603, 1628.7, 1632, 1695.5, 1725,
1752.3, 1753.4, 1905.2, and 1973 of, to amend and repeal Sections
1901 and 1903 of, to add Section 1611.3 to, to repeal and amend
Sections 1601.1 and 1616.5 of, and to repeal and add Section 1742 of,
the Business and Professions Code, relating to dentistry.
LEGISLATIVE COUNSEL'S DIGEST
SB 540, Price. Dentistry.
(1) Existing law, until January 1, 2012, provides for the Dental
Board of California within the Department of Consumer Affairs.
Existing law requires the membership of the board to consist of 8
practicing dentists, a registered dental hygienist, a registered
dental assistant, and 4 public members. Existing law requires the
Governor to appoint all of the members of the board, except that the
Senate Committee on Rules and the Speaker of the Assembly each
appoint a public member. Existing law, until January 1, 2012, allows
the board, with the approval of the Director of Consumer Affairs, to
appoint a person exempt from civil service as the executive officer
of the board. Under existing law, boards scheduled for repeal are
required to be evaluated by the Joint Sunset Review Committee.
This bill would extend the operation of those provisions until
January 1, 2016, and instead specify that the board would be subject
to review by the appropriate policy committees of the Legislature.
The bill would change the membership of the board to include one
additional public member, to be appointed by the Governor. The bill
would also create a Dental Assisting Council of the board, to be
appointed by the board, to consider matters relating to dental
assistants and make recommendations to the board and standing
committees of the board, as specified.
Existing law makes it unlawful for a healing arts practitioner to
disseminate or cause to be disseminated any form of public
communication containing a false, fraudulent, misleading, or
deceptive statement, claim, or image for the purpose of or likely to
induce, directly or indirectly, the rendering of professional
services or furnishing of products in connection with the
professional practice or business for which he or she is licensed.
Existing law prohibits a dentist from making certain advertisements
or holding himself or herself out as a specialist unless he or she
meets specified criteria.
This bill would delete the advertising prohibitions described
above that apply only to dentists.
Existing law requires every board in the Department of Consumer
Affairs to initiate the process of adopting regulations on or before
June 30, 1999, to require its licensees to provide notice to their
clients or customers that the practitioner is licensed in this state,
except as specified.
This bill would require the board to comply with that provision by
January 1, 2013, and would set forth requirements for the notice to
be adopted by the board.
Existing law authorizes the board to, upon an applicant's
successful completion of the board examination, issue a probationary
license to an applicant for licensure as a dentist or dental
auxiliary. Existing law authorizes the board to require the applicant
to comply with specified terms or conditions of a probationary
license.
This bill would require the board to adopt written guidelines on
how to make probation assignments and to ensure that probationary and
evaluation reports are conducted consistently and regularly.
Existing law requires an applicant for licensure as a dentist to
successfully complete an examination in California law and ethics
developed and administered by the board.
This bill would require the board to ensure that the law and
ethics examination reflects current law and regulations and that the
examinations are randomized.
Existing law requires the board to establish criteria for the
acceptance, denial, or termination of licentiates in a diversion
program for the rehabilitation of licensees.
This bill would make changes to the provisions that apply to a
licensee who withdraws or terminates from the diversion program. The
bill would provide that all diversion records for that licensee shall
be provided to the board's enforcement program and may be used in
any disciplinary proceeding, including if the licensee tests positive
for banned substances, as specified.
Existing law provides that the amount of the fees under the Dental
Practice Act that relate to the licensing and permitting of dental
assistants shall be established by resolution.
This bill would instead require those fees to be established by
regulation.
Existing law requires the board to extend the California Dental
Corps Loan Repayment Program of 2002 and distribute the money
remaining in the account only until July 1, 2012.
This bill would instead require the moneys to be distributed until
all of the moneys are expended.
(2) Existing law creates the Dental Hygiene Committee of
California within the Dental Board of California. The committee is
responsible for the registration and regulation of registered dental
hygienists, registered dental hygienists in alternative practice, and
registered dental hygienists in extended functions. Under existing
law, the committee consists of 9 members appointed by the Governor.
Under existing law, members of the committee are appointed to a term
of 4 years and the terms for the initial appointments expire on
December 31, 2011. Under existing law, boards scheduled for repeal
are required to be evaluated by the Joint Sunset Review Committee.
This bill would provide for the repeal of the committee on January
1, 2015. The bill would provide for staggered terms for members of
the committee beginning January 1, 2012, as specified. The bill would
require the committee to be subject to review by the appropriate
policy committees of the Legislature.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 651 of the Business and Professions Code is
amended to read:
651. (a) It is unlawful for any person licensed under this
division or under any initiative act referred to in this division to
disseminate or cause to be disseminated any form of public
communication containing a false, fraudulent, misleading, or
deceptive statement, claim, or image for the purpose of or likely to
induce, directly or indirectly, the rendering of professional
services or furnishing of products in connection with the
professional practice or business for which he or she is licensed. A
"public communication" as used in this section includes, but is not
limited to, communication by means of mail, television, radio, motion
picture, newspaper, book, list or directory of healing arts
practitioners, Internet, or other electronic communication.
(b) A false, fraudulent, misleading, or deceptive statement,
claim, or image includes a statement or claim that does any of the
following:
(1) Contains a misrepresentation of fact.
(2) Is likely to mislead or deceive because of a failure to
disclose material facts.
(3) (A) Is intended or is likely to create false or unjustified
expectations of favorable results, including the use of any
photograph or other image that does not accurately depict the results
of the procedure being advertised or that has been altered in any
manner from the image of the actual subject depicted in the
photograph or image.
(B) Use of any photograph or other image of a model without
clearly stating in a prominent location in easily readable type the
fact that the photograph or image is of a model is a violation of
subdivision (a). For purposes of this paragraph, a model is anyone
other than an actual patient, who has undergone the procedure being
advertised, of the licensee who is advertising for his or her
services.
(C) Use of any photograph or other image of an actual patient that
depicts or purports to depict the results of any procedure, or
presents "before" and "after" views of a patient, without specifying
in a prominent location in easily readable type size what procedures
were performed on that patient is a violation of subdivision (a). Any
"before" and "after" views (i) shall be comparable in presentation
so that the results are not distorted by favorable poses, lighting,
or other features of presentation, and (ii) shall contain a statement
that the same "before" and "after" results may not occur for all
patients.
(4) Relates to fees, other than a standard consultation fee or a
range of fees for specific types of services, without fully and
specifically disclosing all variables and other material factors.
(5) Contains other representations or implications that in
reasonable probability will cause an ordinarily prudent person to
misunderstand or be deceived.
(6) Makes a claim either of professional superiority or of
performing services in a superior manner, unless that claim is
relevant to the service being performed and can be substantiated with
objective scientific evidence.
(7) Makes a scientific claim that cannot be substantiated by
reliable, peer reviewed, published scientific studies.
(8) Includes any statement, endorsement, or testimonial that is
likely to mislead or deceive because of a failure to disclose
material facts.
(c) Any price advertisement shall be exact, without the use of
phrases, including, but not limited to, "as low as," "and up,"
"lowest prices," or words or phrases of similar import. Any
advertisement that refers to services, or costs for services, and
that uses words of comparison shall be based on verifiable data
substantiating the comparison. Any person so advertising shall be
prepared to provide information sufficient to establish the accuracy
of that comparison. Price advertising shall not be fraudulent,
deceitful, or misleading, including statements or advertisements of
bait, discount, premiums, gifts, or any statements of a similar
nature. In connection with price advertising, the price for each
product or service shall be clearly identifiable. The price
advertised for products shall include charges for any related
professional services, including dispensing and fitting services,
unless the advertisement specifically and clearly indicates
otherwise.
(d) Any person so licensed shall not compensate or give anything
of value to a representative of the press, radio, television, or
other communication medium in anticipation of, or in return for,
professional publicity unless the fact of compensation is made known
in that publicity.
(e) Any person so licensed may not use any professional card,
professional announcement card, office sign, letterhead, telephone
directory listing, medical list, medical directory listing, or a
similar professional notice or device if it includes a statement or
claim that is false, fraudulent, misleading, or deceptive within the
meaning of subdivision (b).
(f) Any person so licensed who violates this section is guilty of
a misdemeanor. A bona fide mistake of fact shall be a defense to this
subdivision, but only to this subdivision.
(g) Any violation of this section by a person so licensed shall
constitute good cause for revocation or suspension of his or her
license or other disciplinary action.
(h) Advertising by any person so licensed may include the
following:
(1) A statement of the name of the practitioner.
(2) A statement of addresses and telephone numbers of the offices
maintained by the practitioner.
(3) A statement of office hours regularly maintained by the
practitioner.
(4) A statement of languages, other than English, fluently spoken
by the practitioner or a person in the practitioner's office.
(5) (A) A statement that the practitioner is certified by a
private or public board or agency or a statement that the
practitioner limits his or her practice to specific fields.
(B) A statement of certification by a practitioner licensed under
Chapter 7 (commencing with Section 3000) shall only include a
statement that he or she is certified or eligible for certification
by a private or public board or parent association recognized by that
practitioner's licensing board.
(C) A physician and surgeon licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California may include a
statement that he or she limits his or her practice to specific
fields, but shall not include a statement that he or she is certified
or eligible for certification by a private or public board or parent
association, including, but not limited to, a multidisciplinary
board or association, unless that board or association is (i) an
American Board of Medical Specialties member board, (ii) a board or
association with equivalent requirements approved by that physician
and surgeon's licensing board, or (iii) a board or association with
an Accreditation Council for Graduate Medical Education approved
postgraduate training program that provides complete training in that
specialty or subspecialty. A physician and surgeon licensed under
Chapter 5 (commencing with Section 2000) by the Medical Board of
California who is certified by an organization other than a board or
association referred to in clause (i), (ii), or (iii) shall not use
the term "board certified" in reference to that certification, unless
the physician and surgeon is also licensed under Chapter 4
(commencing with Section 1600) and the use of the term "board
certified" in reference to that certification is in accordance with
subparagraph (A). A physician and surgeon licensed under Chapter 5
(commencing with Section 2000) by the Medical Board of California who
is certified by a board or association referred to in clause (i),
(ii), or (iii) shall not use the term "board certified" unless the
full name of the certifying board is also used and given comparable
prominence with the term "board certified" in the statement.
For purposes of this subparagraph, a "multidisciplinary board or
association" means an educational certifying body that has a
psychometrically valid testing process, as determined by the Medical
Board of California, for certifying medical doctors and other health
care professionals that is based on the applicant's education,
training, and experience.
For purposes of the term "board certified," as used in this
subparagraph, the terms "board" and "association" mean an
organization that is an American Board of Medical Specialties member
board, an organization with equivalent requirements approved by a
physician and surgeon's licensing board, or an organization with an
Accreditation Council for Graduate Medical Education approved
postgraduate training program that provides complete training in a
specialty or subspecialty.
The Medical Board of California shall adopt regulations to
establish and collect a reasonable fee from each board or association
applying for recognition pursuant to this subparagraph. The fee
shall not exceed the cost of administering this subparagraph.
Notwithstanding Section 2 of Chapter 1660 of the Statutes of 1990,
this subparagraph shall become operative July 1, 1993. However, an
administrative agency or accrediting organization may take any action
contemplated by this subparagraph relating to the establishment or
approval of specialist requirements on and after January 1, 1991.
(D) A doctor of podiatric medicine licensed under Chapter 5
(commencing with Section 2000) by the Medical Board of California may
include a statement that he or she is certified or eligible or
qualified for certification by a private or public board or parent
association, including, but not limited to, a multidisciplinary board
or association, if that board or association meets one of the
following requirements: (i) is approved by the Council on Podiatric
Medical Education, (ii) is a board or association with equivalent
requirements approved by the California Board of Podiatric Medicine,
or (iii) is a board or association with the Council on Podiatric
Medical Education approved postgraduate training programs that
provide training in podiatric medicine and podiatric surgery. A
doctor of podiatric medicine licensed under Chapter 5 (commencing
with Section 2000) by the Medical Board of California who is
certified by a board or association referred to in clause (i), (ii),
or (iii) shall not use the term "board certified" unless the full
name of the certifying board is also used and given comparable
prominence with the term "board certified" in the statement. A doctor
of podiatric medicine licensed under Chapter 5 (commencing with
Section 2000) by the Medical Board of California who is certified by
an organization other than a board or association referred to in
clause (i), (ii), or (iii) shall not use the term "board certified"
in reference to that certification.
For purposes of this subparagraph, a "multidisciplinary board or
association" means an educational certifying body that has a
psychometrically valid testing process, as determined by the
California Board of Podiatric Medicine, for certifying doctors of
podiatric medicine that is based on the applicant's education,
training, and experience. For purposes of the term "board certified,"
as used in this subparagraph, the terms "board" and "association"
mean an organization that is a Council on Podiatric Medical Education
approved board, an organization with equivalent requirements
approved by the California Board of Podiatric Medicine, or an
organization with a Council on Podiatric Medical Education approved
postgraduate training program that provides training in podiatric
medicine and podiatric surgery.
The California Board of Podiatric Medicine shall adopt regulations
to establish and collect a reasonable fee from each board or
association applying for recognition pursuant to this subparagraph,
to be deposited in the State Treasury in the Podiatry Fund, pursuant
to Section 2499. The fee shall not exceed the cost of administering
this subparagraph.
(6) A statement that the practitioner provides services under a
specified private or public insurance plan or health care plan.
(7) A statement of names of schools and postgraduate clinical
training programs from which the practitioner has graduated, together
with the degrees received.
(8) A statement of publications authored by the practitioner.
(9) A statement of teaching positions currently or formerly held
by the practitioner, together with pertinent dates.
(10) A statement of his or her affiliations with hospitals or
clinics.
(11) A statement of the charges or fees for services or
commodities offered by the practitioner.
(12) A statement that the practitioner regularly accepts
installment payments of fees.
(13) Otherwise lawful images of a practitioner, his or her
physical facilities, or of a commodity to be advertised.
(14) A statement of the manufacturer, designer, style, make, trade
name, brand name, color, size, or type of commodities advertised.
(15) An advertisement of a registered dispensing optician may
include statements in addition to those specified in paragraphs (1)
to (14), inclusive, provided that any statement shall not violate
subdivision (a), (b), (c), or (e) or any other section of this code.
(16) A statement, or statements, providing public health
information encouraging preventative or corrective care.
(17) Any other item of factual information that is not false,
fraudulent, misleading, or likely to deceive.
(i) Each of the healing arts boards and examining committees
within Division 2 shall adopt appropriate regulations to enforce this
section in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
Each of the healing arts boards and committees and examining
committees within Division 2 shall, by regulation, define those
efficacious services to be advertised by businesses or professions
under their jurisdiction for the purpose of determining whether
advertisements are false or misleading. Until a definition for that
service has been issued, no advertisement for that service shall be
disseminated. However, if a definition of a service has not been
issued by a board or committee within 120 days of receipt of a
request from a licensee, all those holding the license may advertise
the service. Those boards and committees shall adopt or modify
regulations defining what services may be advertised, the manner in
which defined services may be advertised, and restricting advertising
that would promote the inappropriate or excessive use of health
services or commodities. A board or committee shall not, by
regulation, unreasonably prevent truthful, nondeceptive price or
otherwise lawful forms of advertising of services or commodities, by
either outright prohibition or imposition of onerous disclosure
requirements. However, any member of a board or committee acting in
good faith in the adoption or enforcement of any regulation shall be
deemed to be acting as an agent of the state.
(j) The Attorney General shall commence legal proceedings in the
appropriate forum to enjoin advertisements disseminated or about to
be disseminated in violation of this section and seek other
appropriate relief to enforce this section. Notwithstanding any other
provision of law, the costs of enforcing this section to the
respective licensing boards or committees may be awarded against any
licensee found to be in violation of any provision of this section.
This shall not diminish the power of district attorneys, county
counsels, or city attorneys pursuant to existing law to seek
appropriate relief.
(k) A physician and surgeon or doctor of podiatric medicine
licensed pursuant to Chapter 5 (commencing with Section 2000) by the
Medical Board of California who knowingly and intentionally violates
this section may be cited and assessed an administrative fine not to
exceed ten thousand dollars ($10,000) per event. Section 125.9 shall
govern the issuance of this citation and fine except that the fine
limitations prescribed in paragraph (3) of subdivision (b) of Section
125.9 shall not apply to a fine under this subdivision.
SEC. 2. Section 1601.1 of the Business and Professions Code, as
added by Section 3 of Chapter 31 of the Statutes of 2008, is
repealed.
SEC. 3. Section 1601.1 of the Business and Professions Code, as
added by Section 1 of Chapter 35 of the Statutes of 2008, is amended
to read:
1601.1. (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested. The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and five public members. Of the eight practicing dentists,
one shall be a member of a faculty of any California dental college,
and one shall be a dentist practicing in a nonprofit community
clinic. The appointing powers, described in Section 1603, may appoint
to the board a person who was a member of the prior board. The board
shall be organized into standing committees dealing with
examinations, enforcement, and other subjects as the board deems
appropriate.
(b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the board subject to review by the appropriate
policy committees of the Legislature.
SEC. 4. Section 1603 of the Business and Professions Code is
amended to read:
1603. Except for the initial appointments, members of the board
shall be appointed for a term of four years, and each member shall
hold office until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs.
A vacancy occurring during a term shall be filled by appointment
for the unexpired term, within 30 days after it occurs.
No person shall serve as a member of the board for more than two
terms.
The Governor shall appoint three of the public members, the dental
hygienist member, the dental assistant member, and the eight
licensed dentist members of the board. The Senate Committee on Rules
and the Speaker of the Assembly shall each appoint a public member.
Of the initial appointments, one of the dentist members and one of
the public members appointed by the Governor shall serve for a term
of one year. Two of the dentist members appointed by the Governor
shall each serve for a term of two years. One of the public members
and two of the dentist members appointed by the Governor shall each
serve a term of three years. The dental hygienist member, the dental
assistant member, and the remaining three dentists members appointed
by the Governor shall each serve for a term of four years. The public
members appointed by the Senate Committee on Rules and the Speaker
of the Assembly shall each serve for a term of four years.
SEC. 5. Section 1611.3 is added to the Business and Professions
Code, to read:
1611.3. The board shall comply with the requirements of Section
138 by January 1, 2013. The board shall require that the notice under
that section include a provision that the board is the entity that
regulates dentists and provide the telephone number and Internet
address of the board. The board shall require the notice to be posted
in a conspicuous location accessible to public view.
SEC. 6. Section 1616.5 of the Business and Professions Code, as
added by Section 5 of Chapter 31 of the Statutes of 2008, is
repealed.
SEC. 7. Section 1616.5 of the Business and Professions Code, as
amended by Section 3 of Chapter 33 of the Statutes of 2008, is
repealed.
SEC. 8. Section 1616.5 of the Business and Professions Code, as
added by Section 2 of Chapter 35 of the Statutes of 2008, is amended
to read:
1616.5. (a) The board, by and with the approval of the director,
may appoint a person exempt from civil service who shall be
designated as an executive officer and who shall exercise the powers
and perform the duties delegated by the board and vested in him or
her by this chapter.
(b) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.
SEC. 9. Section 1628.7 of the Business and Professions Code is
amended to read:
1628.7. (a) The board may, upon an applicant's successful
completion of the board examination, in its sole discretion, issue a
probationary license to an applicant for licensure as a dentist or
dental auxiliary. The board may require, as a term or condition of
issuing the probationary license, the applicant to do any of the
following, including, but not limited to:
(1) Successfully complete a professional competency examination.
(2) Submit to a medical or psychological evaluation.
(3) Submit to continuing medical or psychological treatment.
(4) Abstain from the use of alcohol or drugs.
(5) Submit to random fluid testing for alcohol or controlled
substance abuse.
(6) Submit to continuing participation in a board approved
rehabilitation program.
(7) Restrict the type or circumstances of practice.
(8) Submit to continuing education and coursework.
(9) Comply with requirements regarding notification to employer
and changes of employment.
(10) Comply with probation monitoring.
(11) Comply with all laws and regulations governing the practice
of dentistry.
(12) Limit practice to a supervised structured environment in
which the licensee's activities shall be supervised by another
dentist.
(13) Submit to total or partial restrictions on drug prescribing
privileges.
(b) The probation shall be for three years and the licensee may
petition the board for early termination, or modification of a
condition of, the probation in accordance with subdivision (b) of
Section 1686.
(c) The proceeding under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.
(d) The board shall adopt written guidelines on how to make
probation assignments for licensees and shall ensure that
probationary and evaluation reports are conducted consistently and
regularly.
SEC. 10. 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 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.
11. Section 1695.5 of the Business and Professions Code is amended
to read:
1695.5. (a) The board shall establish criteria for the
acceptance, denial, or termination of licentiates in a diversion
program. Unless ordered by the board as a condition of licentiate
disciplinary probation, only those licentiates who have voluntarily
requested diversion treatment and supervision by a committee shall
participate in a diversion program.
(b) A licentiate who is not the subject of a current investigation
may self-refer to the diversion program on a confidential basis,
except as provided in subdivision (f).
(c) A licentiate under current investigation by the board may also
request entry into the diversion program by contacting the board's
Diversion Program Manager. The Diversion Program Manager may refer
the licentiate requesting participation in the program to a diversion
evaluation committee for evaluation of eligibility. Prior to
authorizing a licentiate to enter into the diversion program, the
Diversion Program Manager may require the licentiate, while under
current investigation for any violations of the Dental Practice Act
or other violations, to execute a statement of understanding that
states that the licentiate understands that his or her violations of
the Dental Practice Act or other statutes that would otherwise be the
basis for discipline, may still be investigated and the subject of
disciplinary action.
(d) If the reasons for a current investigation of a licentiate are
based primarily on the self-administration of any controlled
substance or dangerous drugs or alcohol under Section 1681, or the
illegal possession, prescription, or nonviolent procurement of any
controlled substance or dangerous drugs for self-administration that
does not involve actual, direct harm to the public, the board shall
close the investigation without further action if the licentiate is
accepted into the board's diversion program and successfully
completes the requirements of the program. If the licentiate
withdraws or is terminated from the program by a diversion evaluation
committee, and the termination is approved by the program manager,
the investigation shall be reopened and disciplinary action imposed,
if warranted, as determined by the board.
(e) Neither acceptance nor participation in the diversion program
shall preclude the board from investigating or continuing to
investigate, or taking disciplinary action or continuing to take
disciplinary action against, any licentiate for any unprofessional
conduct committed before, during, or after participation in the
diversion program.
(f) If a licentiate withdraws or is terminated from the diversion
program for failure to comply or is determined to be a threat to the
public or his or her own health and safety, all diversion records for
that licentiate shall be provided to the board's enforcement program
and may be used in any disciplinary proceeding. If a licentiate in a
diversion program tests positive for any banned substance, the board'
s diversion program manager shall immediately notify the board's
enforcement program and provide the documentation evidencing the
positive test result to the enforcement program. This documentation
may be used in a disciplinary proceeding.
(g) Any licentiate terminated from the diversion program for
failure to comply with program requirements is subject to
disciplinary action by the board for acts committed before, during,
and after participation in the diversion program. A licentiate who
has been under investigation by the board and has been terminated
from the diversion program by a diversion evaluation committee shall
be reported by the diversion evaluation committee to the board.
SEC. 12. Section 1725 of the Business and Professions Code is
amended to read:
1725. The amount of the fees prescribed by this chapter that
relate to the licensing and permitting of dental assistants shall be
established by regulation and subject to the following limitations:
(a) The application fee for an original license shall not exceed
twenty dollars ($20). On and after January 1, 2010, the application
fee for an original license shall not exceed fifty dollars ($50).
(b) The fee for examination for licensure as a registered dental
assistant shall not exceed fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for the
practical examination.
(c) The fee for application and for the issuance of an orthodontic
assistant permit or a dental sedation assistant permit shall not
exceed fifty dollars ($50).
(d) The fee for the written examination for an orthodontic
assistant permit or a dental sedation assistant permit shall not
exceed the actual cost of the examination.
(e) The fee for the written examination in law and ethics for a
registered dental assistant shall not exceed the actual cost of the
examination.
(f) The fee for examination for licensure as a registered dental
assistant in extended functions shall not exceed the actual cost of
the examination.
(g) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(h) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(i) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(j) The board shall establish the fee at an amount not to exceed
the actual cost for licensure as a registered dental hygienist in
alternative practice.
(k) The biennial renewal fee for a registered dental assistant
whose license expires on or after January 1, 1991, shall not exceed
sixty dollars ($60). On or after January 1, 1992, the board may set
the renewal fee for a registered dental assistant license, registered
dental assistant in extended functions license, dental sedation
assistant permit, or orthodontic assistant permit in an amount not to
exceed eighty dollars ($80).
(l) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license or permit may be restored only upon payment of all fees,
including the delinquency fee.
(m) The fee for issuance of a duplicate registration, license,
permit, or certificate to replace one that is lost or destroyed, or
in the event of a name change, shall not exceed twenty-five dollars
($25).
(n) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants that are not
accredited by a board-approved agency, or the Chancellor's office of
the California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400).
(o) The fee for review of each approval application for a course
that is not accredited by a board-approved agency, or the Chancellor'
s office of the California Community Colleges shall not exceed three
hundred dollars ($300).
(p) No fees or charges other than those listed in subdivisions (a)
to (o), inclusive, above shall be levied by the board in connection
with the licensure or permitting of dental assistants, registered
dental assistant educational program site evaluations and course
evaluations pursuant to this chapter.
(q) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.
(r) Fees collected pursuant to this section shall be deposited in
the State Dental Assistant Fund.
SEC. 13. Section 1742 of the Business and Professions Code is
repealed.
SEC. 14. Section 1742 is added to the Business and Professions
Code, to read:
1742. (a) There is hereby created a Dental Assisting Council of
the Dental Board of California, which shall consider all matters
relating to dental assistants in this state, on its own initiative or
upon the request of the board, and make appropriate recommendations
to the board and the standing committees of the board, including, but
not limited to, the following areas:
(1) Requirements for dental assistant examination, licensure,
permitting, and renewal.
(2) Standards and criteria for approval of dental assisting
educational programs, courses, and continuing education.
(3) Allowable dental assistant duties, settings, and supervision
levels.
(4) Appropriate standards of conduct and enforcement for dental
assistants.
(5) Requirements regarding infection control.
(b) (1) The members of the council shall be appointed by the board
and shall include the registered dental assistant member of the
board, another member of the board, and five registered dental
assistants, representing as broad a range of dental assisting
experience and education as possible, who meet the requirements of
paragraph (2).
(2) The board shall consider, in its appointments of the five
registered dental assistant members, recommendations submitted by any
incorporated, nonprofit professional society, association, or entity
whose membership is comprised of registered dental assistants within
the state. Two of those members shall be employed as faculty members
of a registered dental assisting educational program approved by the
board, and shall have been so employed for at least the prior five
years. Three of those members, which shall include one registered
dental assistant in extended functions, shall be employed clinically
in private dental practice or public safety net or dental health care
clinics. All five of those members shall have possessed a current
and active registered dental assistant or registered dental assistant
in extended functions license for at least the prior five years, and
shall not be employed by a current member of the board.
(c) No council appointee shall have served previously on the
dental assisting forum or have any financial interest in any
registered dental assistant school. All final candidate
qualifications and applications for board-appointed council members
shall be made available in the published board materials with final
candidate selection conducted during the normal business of the board
during public meetings.
(d) A vacancy occurring during a term shall be filled by
appointment by the board for the unexpired term, according to the
criteria applicable to the vacancy within 90 days after it occurs.
(e) Each member shall comply with conflict of interest
requirements that apply to board members.
(f) The council shall meet in conjunction with other board
committees, and at other times as deemed necessary.
(g) Each member shall serve for a term of four years, except that,
of the initial appointments of the nonboard members, one of the
members shall serve a term of one year, one member shall serve a term
of two years, two members shall serve a term of three years, and one
member shall serve a term of four years, as determined by the board.
(h) Recommendations by the council pursuant to this section shall
be approved, modified, or rejected by the board within 120 days of
submission of the recommendation to the board. If the board rejects
or significantly modifies the intent or scope of the recommendation,
the council may request that the board provide its reasons in writing
for rejecting or significantly modifying the recommendation, which
shall be provided by the board within 30 days of the request.
(i) The board shall make all the initial appointments by May 1,
2012.
(j) The council shall select a chair who shall establish the
agendas of the council and shall serve as the council's liaison to
the board, including the reporting of the council's recommendations
to the board.
SEC. 15. Section 1752.3 of the Business and Professions Code is
amended to read:
1752.3. (a) On and after January 1, 2010, the written examination
for registered dental assistant licensure required by Section 1752.1
shall comply with Section 139.
(b) On and after January 1, 2010, the practical examination for
registered dental assistant licensure required by Section 1752.1
shall consist of three of the procedures described in paragraphs (1)
to (4), inclusive. The specific procedures shall be assigned by the
board, after considering recommendations of its Dental Assisting
Council, and shall be graded by examiners appointed by the board. The
procedures shall be performed on a fully articulated maxillary and
mandibular typodont secured with a bench clamp. Each applicant shall
furnish the required materials necessary to complete the examination.
(1) Place a base or liner.
(2) Place, adjust, and finish a direct provisional restoration.
(3) Fabricate and adjust an indirect provisional restoration.
(4) Cement an indirect provisional restoration.
SEC. 16. Section 1753.4 of the Business and Professions Code is
amended to read:
1753.4. On and after January 1, 2010, each applicant for
licensure as a registered dental assistant in extended functions
shall successfully complete an examination consisting of the
procedures described in subdivisions (a) and (b). On and after
January 1, 2010, each person who holds a current and active
registered dental assistant in extended functions license issued
prior to January 1, 2010, who wishes to perform the duties specified
in paragraphs (1), (2), (5), and (7) to (11), inclusive, of
subdivision (b) of Section 1753.5, shall successfully complete an
examination consisting of the procedures described in subdivision
(b). The specific procedures shall be assigned by the board, after
considering recommendations of its Dental Assisting Council, and
shall be graded by examiners appointed by the board. Each applicant
shall furnish the required materials necessary to complete the
examination.
(a) Successful completion of the following two procedures on a
patient provided by the applicant. The prepared tooth, prior to
preparation, shall have had mesial and distal contact. The
preparation performed shall have margins at or below the free
gingival crest and shall be one of the following: 7/8 crown, 3/4
crown, or full crown, including porcelain fused to metal. Alginate
impression materials alone shall not be acceptable:
(1) Cord retraction of gingiva for impression procedures.
(2) Take a final impression for a permanent indirect restoration.
(b) Successful completion of two of the following procedures on a
simulated patient head mounted in appropriate position and
accommodating an articulated typodont in an enclosed intraoral
environment, or mounted on a dental chair in a dental operatory:
(1) Place, condense, and carve an amalgam restoration.
(2) Place and contour a nonmetallic direct restoration.
(3) Polish and contour an existing amalgam restoration.
SEC. 17. Section 1901 of the Business and Professions Code is
amended to read:
1901. (a) There is hereby created within the jurisdiction of the
Dental Board of California a Dental Hygiene Committee of California
in which the administration of this article is vested.
(b) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date. Notwithstanding any other provision of law, the repeal of
this section renders the committee subject to review by the
appropriate policy committees of the Legislature.
SEC. 18. Section 1903 of the Business and Professions Code is
amended to read:
1903. (a) (1) The committee shall consist of nine members
appointed by the Governor. Four shall be public members, one member
shall be a practicing general or public health dentist who holds a
current license in California, and four members shall be registered
dental hygienists who hold current licenses in California. Of the
registered dental hygienists members, one shall be licensed either in
alternative practice or in extended functions, one shall be a dental
hygiene educator, and two shall be registered dental hygienists. No
public member shall have been licensed under this chapter within five
years of the date of his or her appointment or have any current
financial interest in a dental-related business.
(2) For purposes of this subdivision, a public health dentist is a
dentist whose primary employer or place of employment is in any of
the following:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(b) (1) Except as specified in paragraph (2), members of the
committee shall be appointed for a term of four years. Each member
shall hold office until the appointment and qualification of his or
her successor or until one year shall have lapsed since the
expiration of the term for which he or she was appointed, whichever
comes first.
(2) For the term commencing on January 1, 2012, two of the public
members, the general or public health dentist member, and two of the
registered dental hygienist members, other than the dental hygiene
educator member or the registered dental hygienist member licensed in
alternative practice or in extended functions, shall each serve a
term of two years, expiring January 1, 2014.
(c) Notwithstanding any other provision of law and subject to
subdivision (e), the Governor may appoint to the committee a person
who previously served as a member of the committee even if his or her
previous term expired.
(d) The committee shall elect a president, a vice president, and a
secretary from its membership.
(e) No person shall serve as a member of the committee for more
than two consecutive terms.
(f) A vacancy in the committee shall be filled by appointment to
the unexpired term.
(g) Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
(h) The Governor shall have the power to remove any member from
the committee for neglect of a duty required by law, for
incompetence, or for unprofessional or dishonorable conduct.
(i) The committee, with the approval of the director, may appoint
a person exempt from civil service who shall be designated as an
executive officer and who shall exercise the powers and perform the
duties delegated by the committee and vested in him or her by this
article.
(j) This section shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.
SEC. 19. Section 1905.2 of the Business and Professions Code is
amended to read:
1905.2. Recommendations by the committee regarding scope of
practice issues, as specified in paragraph (8) of subdivision (a) of
Section 1905, shall be approved, modified, or rejected by the board
within 90 days of submission of the recommendation to the board. If
the board rejects or significantly modifies the intent or scope of
the recommendation, the committee may request that the board provide
its reasons in writing for rejecting or significantly modifying the
recommendation, which shall be provided by the board within 30 days
of the request.
SEC. 20. Section 1973 of the Business and Professions Code is
amended to read:
1973. (a) The Dentally Underserved Account is hereby created in
the State Dentistry Fund.
(b) The sum of three million dollars ($3,000,000) is hereby
authorized to be expended from the State Dentistry Fund on this
program. These moneys are appropriated as follows:
(1) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2003. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2003-04 fiscal year for
operating expenses necessary to manage this program.
(2) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2004. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2004-05 fiscal year for
operating expenses necessary to manage this program.
(3) One million dollars ($1,000,000) shall be transferred from the
State Dentistry Fund to the Dentally Underserved Account on July 1,
2005. Of this amount, sixty-five thousand dollars ($65,000) shall be
used by the Dental Board of California in the 2005-06 fiscal year for
operating expenses necessary to manage this program.
(c) Funds placed into the Dentally Underserved Account shall be
used by the board to repay the loans per agreements made with
dentists.
(1) Funds paid out for loan repayment may have a funding match
from foundation or other private sources.
(2) Loan repayments may not exceed one hundred five thousand
dollars ($105,000) per individual licensed dentist.
(3) Loan repayments may not exceed the amount of the educational
loans incurred by the dentist applicant.
(d) Notwithstanding Section 11005 of the Government Code, the
board may seek and receive matching funds from foundations and
private sources to be placed into the Dentally Underserved Account.
The board also may contract with an exempt foundation for the receipt
of matching funds to be transferred to the Dentally Underserved
Account for use by this program.
(e) Funds in the Dentally Underserved Account appropriated in
subdivision (b) or received pursuant to subdivision (d) are
continuously appropriated for the repayment of loans per agreements
made between the board and the dentists.
(f) On or after July 1, 2010, the board shall extend the
California Dental Corps Loan Repayment Program of 2002 and distribute
the money remaining in the account until all the moneys in the
account are expended. Regulations that were adopted by the board for
the purposes of the program shall apply.
SEC. 21. It is the intent of the Legislature that any fees
established by the Dental Board of California under Section 1725 of
the Business and Professions Code that are in effect on December 31,
2011, continue to apply on and after January 1, 2012, until the board
changes those fees by regulation, as set forth in Section 12 of this
act.
