BILL NUMBER: SB 1589 CHAPTERED 09/23/02 CHAPTER 811 FILED WITH SECRETARY OF STATE SEPTEMBER 23, 2002 APPROVED BY GOVERNOR SEPTEMBER 22, 2002 PASSED THE SENATE AUGUST 27, 2002 PASSED THE ASSEMBLY AUGUST 24, 2002 AMENDED IN ASSEMBLY AUGUST 19, 2002 AMENDED IN ASSEMBLY JUNE 12, 2002 AMENDED IN SENATE APRIL 16, 2002 INTRODUCED BY Senator Perata (Coauthor: Assembly Member Dickerson) FEBRUARY 20, 2002 An act to amend Section 1770 of the Business and Professions Code, relating to dentistry. LEGISLATIVE COUNSEL'S DIGEST SB 1589, Perata. Dentistry: dental hygienists. Existing law requires the Board of Dental Examiners of the State of California to license registered dental hygienists. Existing law authorizes a registered dental hygienist in alternative practice to practice as an employee of a dentist or of another registered dental hygienist in alternative practice. Existing law provides that it is a crime for a person without a license to represent that he or she is a registered dental hygienist in alternative practice. This bill would authorize a registered dental hygienist in alternative practice to be an employee of specified clinics. This bill would incorporate additional changes in Section 1770 of the Business and Professions Code proposed by SB 2022, to be operative if this bill and SB 2022 are both enacted and become effective on or before January 1, 2003, and this bill is enacted last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1770 of the Business and Professions Code is amended to read: 1770. (a) A registered dental hygienist in alternative practice may practice, pursuant to Section 1768, as an employee of a dentist or of another registered dental hygienist in alternative practice, or as an independent contractor, or as a sole proprietor of an alternative dental hygiene practice, or as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code or as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, or as an employee of a clinic owned or operated by a public hospital or health system, or as an employee of 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) A registered dental hygienist in alternative practice may perform the duties authorized pursuant to Section 1768 in the following settings: (1) Residences of the homebound. (2) Schools. (3) Residential facilities and other institutions. (4) Dental health professional shortage areas, as certified by the Office of Statewide Health Planning and Development in accordance with existing office guidelines. (c) A registered dental hygienist in alternative practice shall not do any of the following: (1) Infer, purport, advertise, or imply that he or she is in any way able to provide dental services or make any type of dental health diagnosis beyond evaluating a patient's dental hygiene status, providing a dental hygiene treatment plan, and providing the associated dental hygiene services. (2) Hire a registered dental hygienist to provide direct patient services other than a registered dental hygienist in alternative practice. (d) A registered dental hygienist in alternative practice may submit or allow to be submitted any insurance or third-party claims for patient services performed as authorized pursuant to this article. (e) A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice to assist in his or her practice. (f) A registered dental hygienist in alternative practice may hire and supervise dental assistants performing functions specified in subdivision (b) of Section 1751. (g) A registered dental hygienist in alternative practice shall provide to the board documentation of an existing relationship with at least one dentist for referral, consultation, and emergency services. (h) A registered dental hygienist in alternative practice may perform dental hygiene services for a patient who presents to the registered hygienist in alternative practice a written prescription for dental hygiene services issued by a dentist or physician and surgeon licensed to practice in this state who has performed a physical examination and a diagnosis of the patient prior to the prescription being provided. The prescription shall be valid for a time period based on the dentist's or physician and surgeon's professional judgment, but not to exceed 15 months from the date that it was issued. SEC. 1.5. Section 1770 of the Business and Professions Code is amended and renumbered to read: 1775. (a) A registered dental hygienist in alternative practice may practice, pursuant to Section 1774, as an employee of a dentist or of another registered dental hygienist in alternative practice, or as an independent contractor, or as a sole proprietor of an alternative dental hygiene practice, or as an employee of a primary care clinic or specialty clinic that is licensed pursuant to Section 1204 of the Health and Safety Code or as an employee of a primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, or as an employee of a clinic owned or operated by a public hospital or health system, or as an employee of 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) A registered dental hygienist in alternative practice may perform the duties authorized pursuant to Section 1774 in the following settings: (1) Residences of the homebound. (2) Schools. (3) Residential facilities and other institutions. (4) Dental health professional shortage areas, as certified by the Office of Statewide Health Planning and Development in accordance with existing office guidelines. (c) A registered dental hygienist in alternative practice shall not do any of the following: (1) Infer, purport, advertise, or imply that he or she is in any way able to provide dental services or make any type of dental health diagnosis beyond evaluating a patient's dental hygiene status, providing a dental hygiene treatment plan, and providing the associated dental hygiene services. (2) Hire a registered dental hygienist to provide direct patient services other than a registered dental hygienist in alternative practice. (d) A registered dental hygienist in alternative practice may submit or allow to be submitted any insurance or third-party claims for patient services performed as authorized pursuant to this article. (e) A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice to assist in his or her practice. (f) A registered dental hygienist in alternative practice may hire and supervise dental assistants performing functions specified in subdivision (b) of Section 1751. (g) A registered dental hygienist in alternative practice shall provide to the board documentation of an existing relationship with at least one dentist for referral, consultation, and emergency services. (h) A registered dental hygienist in alternative practice may perform dental hygiene services for a patient who presents to the registered hygienist in alternative practice a written prescription for dental hygiene services issued by a dentist or physician and surgeon licensed to practice in this state who has performed a physical examination and a diagnosis of the patient prior to the prescription being provided. The prescription shall be valid for a time period based on the dentist's or physician and surgeon's professional judgment, but not to exceed 15 months from the date that it was issued. SEC. 2. Section 1.5 of this bill incorporates amendments to Section 1770 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) this bill amends and SB 2022 amends and renumbers Section 1770 of the Business and Professions Code, and (3) this bill is enacted after SB 2022, in which case Section 1 of this bill shall not become operative.