BILL NUMBER: SB 540	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

INTRODUCED BY   Senator Price

                        FEBRUARY 17, 2011

   An act to  repeal and amend Sections 1601.1 and 1616.5 of
  amend Sections 651, 1628.7, 1632, 1695, 1695.5, 1725,
1752.3, 1753.4, and 1973 of, to amend, repeal, and add Sections 1602
and 1603 of, to add Section 1611.3 to, to repeal an   d
amend Section 1616.5 of, to repeal, amend, and add Section 1601.1 of,
and to repeal and add Section 1742 of,  the Business and
Professions Code, relating to dentistry.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 540, as amended, Price. Dentistry.
   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   2018  , 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 a new public member to be
appointed by the Governor, and, on and after January 1, 2016, would
delete the dental hygienist member and the dental assistant member
and add 2 additional public members to the board, to be appointed by
the Governor. The bill would make technical, conforming changes 
 to related provisions. The bill would also create a Dental
Assisting Council of the board to consider matters relating to dental
assistants and make recommendations to 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 require the Bureau of State Audits to audit the
diversion program of the board, upon a specified request by the
Legislature, to be funded by moneys from the State Dentistry Fund.
The bill would also 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 a specified date.  
   This bill would instead require the moneys to be distributed until
all of the moneys are expended. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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. 
   (i) For the purposes of this section, a dentist licensed under
Chapter 4 (commencing with Section 1600) may not hold himself or
herself out as a specialist, or advertise membership in or specialty
recognition by an accrediting organization, unless the practitioner
has completed a specialty education program approved by the American
Dental Association and the Commission on Dental Accreditation, is
eligible for examination by a national specialty board recognized by
the American Dental Association, or is a diplomate of a national
specialty board recognized by the American Dental Association.
 
   (ii) A dentist licensed under Chapter 4 (commencing with Section
1600) shall not represent to the public or advertise accreditation
either in a specialty area of practice or by a board not meeting the
requirements of clause (i) unless the dentist has attained membership
in or otherwise been credentialed by an accrediting organization
that is recognized by the board as a bona fide organization for that
area of dental practice. In order to be recognized by the board as a
bona fide accrediting organization for a specific area of dental
practice other than a specialty area of dentistry authorized under
clause (i), the organization shall condition membership or
credentialing of its members upon all of the following: 

   (I) Successful completion of a formal, full-time advanced
education program that is affiliated with or sponsored by a
university based dental school and is beyond the dental degree at a
graduate or postgraduate level.  
   (II) Prior didactic training and clinical experience in the
specific area of dentistry that is greater than that of other
dentists.  
   (III) Successful completion of oral and written examinations based
on psychometric principles.  
   (iii) Notwithstanding the requirements of clauses (i) and (ii), a
dentist who lacks membership in or certification, diplomate status,
other similar credentials, or completed advanced training approved as
bona fide either by an American Dental Association recognized
accrediting organization or by the board, may announce a practice
emphasis in any other area of dental practice only if the dentist
incorporates in capital letters or some other manner clearly
distinguishable from the rest of the announcement, solicitation, or
advertisement that he or she is a general dentist.  

   (iv) 
    (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.

   (B) 
    (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.

   (C) 
    (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.
   SECTION 1.   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. 2.   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  four   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.   that
date.  
  SEC. 4.    Section 1601.1 is added to the Business and
Professions Code, 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 and seven 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 become operative on January 1, 2016.
   (e) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
   (f) 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. 5.SEC. 5.    Section 1602 of the Business and
Professions Code is amended to read:   Section 1602 of
the Business and Professions Code is amended to read: 
   1602.   (a)  All of the members of the board, except the
public members, shall have been actively and legally engaged in the
practice of dentistry in the State of California, for at least five
years next preceding the date of their appointment. The dental
hygienist member shall have been a registered dental hygienist, and
the dental assistant member shall have been a registered dental
assistant, in the State of California for at least five years next
preceding the date of their appointment. The public members shall not
be licentiates of the board or of any other board under this
division or of any board referred to in Sections 1000 and 3600. No
more than one member of the board shall be a member of the faculty of
any dental college or dental department of any medical college in
the State of California. None of the members, including the public
members, shall have any financial interest in any such college. 
   (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. 6.    Section 1602 is added to the Business and
Professions Code, to read:
   1602.  (a) All of the members of the board, except the public
members, shall have been actively and legally engaged in the practice
of dentistry in the State of California for at least five years next
preceding the date of their appointment. The public members shall
not be licentiates of the board or of any other board under this
division or of any board referred to in Sections 1000 and 3600. No
more than one member of the board shall be a member of the faculty of
any dental college or dental department of any medical college in
the State of California. None of the members, including the public
members, shall have any financial interest in any such college.
   (b) This section shall become operative on January 1, 2016. 

  SEC. 7.    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  two   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  Committee
 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. 
   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. 8.
  Section 1603 is added to the Business and Professions
Code, to read:
   1603.  (a) 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.
   (b) A vacancy occurring during a term shall be filled by
appointment for the unexpired term, within 30 days after it occurs.
   (c) No person shall serve as a member of the board for more than
two terms.
   (d) The Governor shall appoint five of the public members 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.
   (e) This section shall become operative on January 1, 2016.
   (f) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.  
  SEC. 9.    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. 3.   SEC. 10.   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. 4.  SEC. 11.   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. 5.   SEC. 12.   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   2018  , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1,  2016   2018  , deletes or
extends that date.
   SEC. 13.    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 and shall ensure that probationary and
evaluation reports are conducted consistently and regularly. 
   SEC. 14.    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. 15.    Section 1695 of the   Business
and Professions Code   is amended to read: 
   1695.   (a)    It is the intent of the
Legislature that the Board of Dental Examiners of California seek
ways and means to identify and rehabilitate licentiates whose
competency may be impaired due to abuse of dangerous drugs or
alcohol, so that licentiates so afflicted may be treated and returned
to the practice of dentistry in a manner which will not endanger the
public health and safety. It is also the intent of the Legislature
that the Board of Dental Examiners of California shall implement this
legislation in part by establishing a diversion program as a
voluntary alternative approach to traditional disciplinary actions.

   (b) If requested by the Legislature through the Joint Legislative
Audit Committee in 2012, the Bureau of State Audits shall conduct a
thorough performance audit of the board's diversion program to
evaluate the effectiveness and efficiency of the program, and make
recommendations regarding the continuation of the program and any
changes or reforms required to ensure that licensees participating in
the program are appropriately monitored and that the public is
protected from licensees who are impaired due to alcohol or drug
abuse or mental or physical illness. The audit shall be completed by
January 1, 2013. The board and its staff shall cooperate with the
audit, and the board shall provide data, information, and case files
as requested by the auditor to perform all of its duties. The
provision of confidential data, information, and case files by the
board to the auditor shall not constitute a waiver of any exemption
from disclosure or discovery or of any confidentiality protection or
privilege otherwise provided by law that is applicable to the data,
information, or case files.  
   (c) The audit performed in subdivision (b) shall be paid for with
moneys from the State Dentistry Fund. 
   SEC. 16.    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 of the
Business and Professions Code, 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) All licentiates shall sign an agreement of understanding that
the withdrawal or termination from the diversion program at a time
when a diversion evaluation committee determines the licentiate
presents a threat to the public's health and safety shall result in
the utilization by the board of diversion treatment records in
disciplinary or criminal proceedings.  
   (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. 17.    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  board resolution   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. 18.    Section 1742 of the   Business
and Professions Code   is repealed.  
   1742.  The Legislature hereby finds and declares that dental
assistants provide a dental care service that is vital to good dental
health. It is the intent of the Legislature that the board create
and implement an effective forum where dental assistant services and
regulatory oversight of dental assistants can be heard and discussed
in full and where all matters relating to dental assistants in this
state can be discussed, including, but not limited to, all of the
following matters:
   (a) Requirements for dental assistant licensure and renewal.
   (b) Allowable dental assistant duties, settings, and supervision
levels.
   (c) Appropriate standards of conduct and enforcement for dental
assistants. 
   SEC. 19.    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 and make appropriate
recommendations to the board, including, but not limited to, the
following areas:
   (1) Requirements for dental assistant examination, licensure, and
renewal.
   (2) Standards for approval of dental assisting educational
programs and courses.
   (3) Allowable dental assistant duties, settings, and supervision
levels.
   (4) Appropriate standards of conduct and enforcement for dental
assistants.
   (b) The members of the council shall be appointed by the board
president, and shall consist of two members of the board and five
members who are either registered dental assistants or registered
dental assistants in extended functions. Each member shall meet the
qualifications specified in Section 1602.
   (c) The council shall meet in conjunction with other board
committees, and at other times as deemed necessary.
   (d) 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, two members shall serve a
term of two years, and two members serve a term of three years.
   (e) The council shall be the sole entity of the board that will
provide recommendations to the board on dental assisting matters.

   SEC. 20.    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
 a registered dental assistant examination committee
appointed 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. 21.  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  a
registered dental assistant in extended functions examination
committee appointed 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. 22.  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  July 1, 2012
  all the moneys in the account are expended  .
Regulations that were adopted by the board for the purposes of the
program shall apply.