BILL NUMBER: AB 2818 CHAPTERED 09/18/02 CHAPTER 691 FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2002 APPROVED BY GOVERNOR SEPTEMBER 18, 2002 PASSED THE ASSEMBLY AUGUST 28, 2002 PASSED THE SENATE AUGUST 27, 2002 AMENDED IN SENATE AUGUST 21, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN ASSEMBLY MAY 28, 2002 AMENDED IN ASSEMBLY MAY 23, 2002 AMENDED IN ASSEMBLY MAY 9, 2002 AMENDED IN ASSEMBLY APRIL 9, 2002 INTRODUCED BY Assembly Member Aanestad (Coauthor: Assembly Member Zettel) (Coauthors: Senators Figueroa and Perata) FEBRUARY 25, 2002 An act to amend Section 1758 of the Business and Professions Code, relating to dental hygienists, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 2818, Aanestad. Registered dental hygienists. Existing law requires the Dental Board of California to license a person as a dental hygienist who completes a board-approved education program, and performs satisfactorily on certain exams. Existing law authorizes the board to impose various fees upon dental hygienists for deposit in the State Dental Auxiliary Fund, a continuously appropriated fund. This bill would authorize the board to license a person who has not taken an examination as a dental hygienist if the person is licensed in another state and meets additional specified requirements. By providing for the licensure of additional registered dental hygienists and thereby increasing the source of funds from fees and fines for deposit into a continuously appropriated fund, the bill would make an appropriation. The bill would require the board to report to the Legislature by January 1, 2006, on the impact of the bill. This bill would incorporate additional changes in Section 1758 of the Business and Professions Code, proposed by SB 2022, to be operative only if SB 2022 and this bill are both enacted and become effective on or before January 1, 2003, and this bill is enacted last. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. It is the intent of the Legislature to increase access to preventive dental care for children and adults in California, particularly in those areas of the state that have few or no registered dental hygienists and in the health care safety net facilities identified in paragraph (3) of subdivision (b) of Section 1758 of the Business and Professions Code. SEC. 2. Section 1758 of the Business and Professions Code is amended to read: 1758. (a) The board shall license as a registered dental hygienist a person who satisfies all of the following requirements: (1) Completion of an educational program for registered dental hygienists, approved by the board, and accredited by the Commission on Dental Accreditation, and conducted by a degree-granting, postsecondary institution. (2) Satisfactory performance on an examination required by the board. (3) Satisfactory completion of a national written dental hygiene examination approved by the board. (b) The board may grant a license as a registered dental hygienist to an applicant who has not taken an examination before the board if the applicant submits all of the following to the board: (1) A completed application form and all fees required by the board. (2) Proof of a current license as a registered dental hygienist issued by another state that is not revoked, suspended, or otherwise restricted. (3) Proof that the applicant has been in clinical practice as a registered dental hygienist or has been a full-time faculty member in an accredited dental hygiene education program for a minimum of 750 hours per year for at least five years preceding the date of his or her application under this section. The clinical practice requirement shall be deemed met if the applicant provides proof of at least three years of clinical practice and commits to completing the remaining two years of clinical practice by filing with the board a copy of a pending contract to practice dental hygiene in any of the following facilities: (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. (4) Proof that the applicant has not been subject to disciplinary action by any state in which he or she is or has been previously licensed as a registered dental hygienist or dentist. If the applicant has been subject to disciplinary action, the board shall review that action to determine if it warrants refusal to issue a license to the applicant. (5) Proof of graduation from a school of dental hygiene accredited by the Commission on Dental Accreditation. (6) Proof of satisfactory completion of the Dental Hygiene National Board Examination and of a state or regional clinical licensure examination. (7) Proof that the applicant has not failed the examination for licensure to practice dental hygiene under this chapter more than once and that, if he or she has failed the examination once, the failure was not within the five years prior to the date of his or her application for a license under this section. (8) Documentation of completion of a minimum of 25 units of continuing education earned in the two years preceding application, including completion of any continuing education requirements imposed by the board on registered dental hygienists licensed in this state at the time of application. (9) Any other information as specified by the board to the extent that it is required of applicants for licensure by examination under this article. (c) The board may periodically request verification of compliance with the requirements of paragraph (3) of subdivision (b), and may revoke license upon a finding that the employment requirement or any other requirement of paragraph (3) has not been met. (d) The board shall provide in the application packet to each out-of-state dental hygienist pursuant to this section the following information: (1) The location of dental manpower shortage areas in the state. (2) Any not-for-profit clinics, public hospitals, and accredited dental hygiene education programs seeking to contract with licensees for dental hygiene service delivery or training purposes. (e) The board shall review the impact of this section on the availability of actively practicing dental hygienists in California and report to the appropriate policy and fiscal committees of the Legislature by January 1, 2006. The report shall include a separate section providing data specific to dental hygienists who intend to fulfill the alternative clinical practice requirements of subdivision (b). The report shall include, but not be limited to, the following: (1) The number of applicants from other states who have sought licensure. (2) The number of dental hygienists from other states licensed pursuant to this section, the number of licenses not granted under this section, and the reason why the license was not granted. (3) The practice location of dental hygienists licensed pursuant to this section. (4) The number of dental hygienists licensed pursuant to this section who establish a practice in a rural area or in an area designated as having a shortage of practicing dental hygienists or no dental hygienists or in a safety net facility identified in paragraph (3) of subdivision (b). (5) The length of time dental hygienists licensed pursuant to this section practiced in the reported location. (f) In identifying a dental hygienist's location of practice, the board shall use medical service study areas or other appropriate geographic descriptions for regions of the state. SEC. 3. Section 1758 of the Business and Professions Code is amended and renumbered to read: 1766. (a) The board shall license as a registered dental hygienist a person who satisfies all of the following requirements: (1) Completion of an educational program for registered dental hygienists, approved by the board, and accredited by the Commission on Dental Accreditation, and conducted by a degree-granting, postsecondary institution. (2) Satisfactory performance on an examination required by the board. (3) Satisfactory completion of a national written dental hygiene examination approved by the board. (b) The board may grant a license as a registered dental hygienist to an applicant who has not taken an examination before the board, if the applicant submits all of the following to the board: (1) A completed application form and all fees required by the board. (2) Proof of a current license as a registered dental hygienist issued by another state that is not revoked, suspended, or otherwise restricted. (3) Proof that the applicant has been in clinical practice as a registered dental hygienist or has been a full-time faculty member in an accredited dental hygiene education program for a minimum of 750 hours per year for at least five years preceding the date of his or her application under this section. The clinical practice requirement shall be deemed met if the applicant provides proof of at least three years of clinical practice and commits to completing the remaining two years of clinical practice by filing with the board a copy of a pending contract to practice dental hygiene in any of the following facilities: (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. (4) Proof that the applicant has not been subject to disciplinary action by any state in which he or she is or has been previously licensed as a registered dental hygienist or dentist. If the applicant has been subject to disciplinary action, the board shall review that action to determine if it warrants refusal to issue a license to the applicant. (5) Proof of graduation from a school of dental hygiene accredited by the Commission on Dental Accreditation. (6) Proof of satisfactory completion of the Dental Hygiene National Board Examination and of a state or regional clinical licensure examination. (7) Proof that the applicant has not failed the examination for licensure to practice dental hygiene under this chapter more than once or once within five years prior to the date of his or her application for a license under this section. (8) Documentation of completion of a minimum of 25 units of continuing education earned in the two years preceding application, including completion of any continuing education requirements imposed by the board on registered dental hygienists licensed in this state at the time of application. (9) Any other information as specified by the board to the extent that it is required of applicants for licensure by examination under this article. (c) The board may periodically request verification of compliance with the requirements of paragraph (3) of subdivision (b), and may revoke license upon a finding that the employment requirement or any other requirement of paragraph (3) has not been met. (d) The board shall provide in the application packet to each out-of-state dental hygienist pursuant to this section the following information: (1) The location of dental manpower shortage areas in the state. (2) Any not-for-profit clinics, public hospitals, and accredited dental hygiene education programs seeking to contract with licensees for dental hygiene service delivery or training purposes. (e) The board shall review the impact of this section on the availability of actively practicing dental hygienists in California and report to the appropriate policy and fiscal committees of the Legislature by January 1, 2006. The report shall include a separate section providing data specific to dental hygienists who intend to fulfill the alternative clinical practice requirements of subdivision (b). The report shall include, but not be limited to, the following: (1) The number of applicants from other states who have sought licensure. (2) The number of dental hygienists from other states licensed pursuant to this section, the number of licenses not granted under this section, and the reason why the license was not granted. (3) The practice location of dental hygienists licensed pursuant to this section. (4) The number of dental hygienists licensed pursuant to this section who establish a practice in a rural area or in an area designated as having a shortage of practicing dental hygienists or no dental hygienists or in a safety net facility identified in paragraph (3) of subdivision (b). (5) The length of time dental hygienists licensed pursuant to this section practiced in the reported location. (f) In identifying a dental hygienist's location of practice, the board shall use medical service study areas or other appropriate geographic descriptions for regions of the state. SEC. 4. Section 3 of this bill incorporates amendments to Section 1758 of the Business and Professions Code proposed by both this bill and SB 2022. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2003, (2) each bill amends Section 1758 of the Business and Professions Code, and (3) this bill is enacted after SB 2022, in which case Section 2 of this bill shall not become operative.