BILL NUMBER: SB 683 CHAPTERED 09/30/06 CHAPTER 805 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2006 APPROVED BY GOVERNOR SEPTEMBER 30, 2006 PASSED THE SENATE AUGUST 29, 2006 PASSED THE ASSEMBLY AUGUST 24, 2006 AMENDED IN ASSEMBLY AUGUST 22, 2006 AMENDED IN ASSEMBLY AUGUST 10, 2006 AMENDED IN ASSEMBLY JUNE 22, 2005 AMENDED IN SENATE APRIL 7, 2005 AMENDED IN SENATE APRIL 4, 2005 INTRODUCED BY Senator Aanestad FEBRUARY 22, 2005 An act to amend Sections 1626 and 1632 of, and to add Sections 1634.1 and 1634.2 to, the Business and Professions Code, relating to dentistry, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 683, Aanestad Dentistry: licensure. Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists by the Dental Board of California. The act makes the practice of dentistry by an unlicensed person unlawful, but exempts from this prohibition dentistry students meeting certain requirements. The act requires an applicant for licensure as a dentist to meet specified requirements, including passage of a dental licensure examination, with specified exceptions, and a law and ethics examination. This bill would authorize the board to grant a license to an applicant who passes specified national examinations in dentistry and an examination in California law and ethics, meets certain education requirements, and has completed a clinically based advanced education program in general dentistry or an advanced education program in general practice residency, as specified. The bill would revise the licensure exemption requirements applicable to dental students. The bill would also require the Department of Consumer Affairs to regularly review an advanced education program's compliance with specified requirements, and would require the board to report to the Joint Committee on Boards, Commissions and Consumer Protection and the department on complaints received for dentists who have obtained licensure by passing the state clinical examination and for dentists who have obtained licensure through an advanced education program. This bill would appropriate $20,000 from the State Dentistry Fund to the Department of Consumer Affairs for these purposes for the 2006-07 fiscal year. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1626 of the Business and Professions Code is amended to read: 1626. It is unlawful for any person to engage in the practice of dentistry in the state, either privately or as an employee of a governmental agency or political subdivision, unless the person has a valid, unexpired license or special permit from the board. The following practices, acts and operations, however, are exempt from the operation of this chapter: (a) The practice of oral surgery by a physician and surgeon licensed under the Medical Practice Act. (b) The operations, in dental schools approved by the board, of bona fide students of dentistry or dental hygiene in the school's clinical departments or laboratories or in a dental extension program approved by the board or in an advanced dental education program accredited by the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board. (c) The practice of dentistry by licensed dentists of other states or countries while appearing and operating as bona fide clinicians or instructors in dental colleges approved by the Dental Board of California. (d) The practice of dentistry by licensed dentists of other states or countries in conducting or making a clinical demonstration before any bona fide dental or medical society, association, or convention; provided, however, the consent of the Dental Board of California to the making and conducting of the clinical demonstration shall be first had and obtained. (e) The construction, making, verification of shade taking, alteration or repairing of bridges, crowns, dentures, or other prosthetic appliances, or orthodontic appliances, when the casts or impressions for this work have been made or taken by a licensed dentist, but a written authorization signed by a licensed dentist shall accompany the order for the work or it shall be performed in the office of a licensed dentist under his or her supervision. The burden of proving written authorization or direct supervision is upon the person charged with the violation of this chapter. It is unlawful for any person acting under the exemption of this subdivision to represent or hold out to the public in any manner that he or she will perform or render any of the services exempted by this subdivision that are rendered or performed under the provisions of this chapter by a licensed dentist, including the construction, making, alteration or repairing of dental prosthetic or orthodontic appliances. (f) The manufacture or sale of wholesale dental supplies. (g) The practice of dentistry or dental hygiene by applicants during a licensing examination conducted in this state by the licensing agency of another state which does not have a dental school; provided, however, that the consent of the board to the conducting of the examination shall first have been obtained and that the examination shall be conducted in a dental college accredited by the board. (h) The practice by personnel of the Air Force, Army, Coast Guard, or Navy or employees of the United States Public Health Service, Veterans' Administration, or Bureau of Indian Affairs when engaged in the discharge of official duties. SEC. 2. Section 1632 of the Business and Professions Code is amended to read: 1632. (a) The board shall require each applicant to successfully complete the 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. Applicants shall submit this application 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 clinical and written examination developed and administered by the board. (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. SEC. 3. Section 1634.1 is added to the Business and Professions Code, to read: 1634.1. Notwithstanding Section 1634, the board may grant a license to practice dentistry to an applicant who submits all of the following to the board: (a) A completed application form and all fees required by the board. (b) Satisfactory evidence of having graduated from a dental school approved by the board or by the Commission on Dental Accreditation of the American Dental Association. (c) Satisfactory evidence of having completed a clinically based advanced education program in general dentistry or an advanced education program in general practice residency that is, at minimum, one year in duration and is accredited by either the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board.The advanced education program shall include a certification of clinical residency program completion approved by the board, to be completed upon the resident's successful completion of the program in order to evaluate his or her competence to practice dentistry in the state. (d) Satisfactory evidence of having successfully completed the written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations. (e) Satisfactory evidence of having successfully completed an examination in California law and ethics. (f) Proof that the applicant has not failed the examination for licensure to practice dentistry under this chapter within five years prior to the date of his or her application for a license under this chapter. SEC. 4. Section 1634.2 is added to the Business and Professions Code, to read: 1634.2. (a) An advanced education program's compliance with subdivision (c) of Section 1634.1 shall be regularly reviewed by the department pursuant to Section 139. (b) An advanced education program described in subdivision (c) of Section 1634.1 shall meet the requirements of subdivision (a) of Section 12944 of the Government Code. (c) The clinical residency program completion certification required by subdivision (c) of Section 1634.1 shall include a list of core competencies commensurate to those found in the board's examinations. The board, together with the department's Office of Examination Resources, shall ensure the alignment of the competencies stated in the clinical residency program completion certification with the board's current occupational analysis. The board shall implement use of the clinical residency program completion certification form and use of the core competency list through the adoption of emergency regulations by January 1, 2008. (d) As part of its next scheduled review after January 1, 2007, by the Joint Committee on Boards, Commissions and Consumer Protection, the board shall report to that committee and to the department the number of complaints received for those dentists who have obtained licensure by passing the state clinical examination and for those dentists who have obtained licensure through an advanced education program. The report shall also contain tracking information on these complaints and their disposition. This report shall be a component of the evaluation of the examination process that is based on psychometrically sound principles for establishing minimum qualifications and levels of competency. SEC. 5. The sum of twenty thousand dollars ($20,000) is hereby appropriated from the State Dentistry Fund to the Department of Consumer Affairs for the purposes of subdivision (c) of Section 1634.1 for the 2006-07 fiscal year.