BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 540| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 540 Author: Price (D) Amended: 5/12/11 Vote: 21 SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0, 5/2/11 AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete McLeod, Vargas, Walters, Wyland SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/23/11 AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley, Price, Runner, Steinberg SUBJECT : Dentistry SOURCE : Author DIGEST : This bill extends the sunset date of the Dental Board of California to January 1, 2016, and makes other programmatic changes. ANALYSIS : Existing law: 1. Establishes the Dental Board of California (DBC) to license and regulate the practice of dentistry. 2. Specifies that the DBC shall consist of eight practicing dentists, one registered dental hygienist, one CONTINUED SB 540 Page 2 registered dental assistant, and four public members. States that this provision shall remain in effect only until January 1, 2012, and after that date, is repealed unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. 3. Provides that every board within the Department of Consumer Affairs, as specified, shall initiate the process of adopting regulations on or before January 1, 1999, to require its "licentiates", as defined, to provide notice to their clients or customers that the practitioner is licensed by this state. 4. States that for purposes of advertising, a dentist may not hold himself or herself out as a specialist, as specified, unless the dentist satisfies specific specialization requirements. 5. Allows DBC to issue a probationary license to an applicant for licensure as a dentist or dental auxiliary. Allows DBC to require a licensee, as a term or condition of issuing a probationary license, to comply with certain requirements, as specified. 6. Requires licensees of DBC to fulfill continuing education requirements. 7. Specifies the intent of the Legislature to seek ways and means to identify and rehabilitate licentiates whose competency may be impaired due to abuse of dangerous drugs or alcohol, so that licentiate so afflicted may be treated and returned to the practice of dentistry in a manner which will not endanger the public health and safety. 8. Requires DBC to establish criteria for the acceptance denial or termination of licentiates in a diversion program. States that licentiates shall sign an agreement of understanding that 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 of the DBC of diversion treatment records in disciplinary or criminal CONTINUED SB 540 Page 3 proceedings. 9. States that the amount of fees that relate to the licensing and permitting of dental assistants shall be established by DBC resolution. 10.Finds and declares that dental assistants provide a dental care services that is vital to good health. It is the intent of the Legislature that DBC 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, as specified. 11.Establishes the Dental Corps Loan Repayment Program of 2002 to provide loan repayment assistance to dentists who commit to a minimum of three years of services in a "dentally underserved area", as defined. This bill: 1. Deletes existing law requirements relating to advertising by a dentist of specialization or accreditation in a specialty area of practice unless certain requirements are met. 2. Extends the sunset date of the DBC until January 1, 2016, and provides that upon the sunset, the DBC becomes subject to review by the appropriate policy committees of the Legislature. 3. Deletes positions on the DBC reserved for a registered dental hygienist and a registered dental hygienist, and instead increases the number of public members of the DBC by three members who will be appointed by the Governor. 4. Requires DBC, by January 1, 2013, to comply with existing statute that requires boards within DCA, including DBC, to adopt regulations to require licensees to provide notice to clients or customers that the licensee is licensed by the state. Requires the notice to include a provision indicating that DBC is the entity CONTINUED SB 540 Page 4 that regulates dentists and provide the telephone number and Internet address of DBC. States that DBC should require the notice to be posted in a conspicuous location accessible to public view. 5. Extends the sunset date of the appointment of the executive officer to January 1, 2018. 6. Requires DBC to adopt written guidelines on how to make probation assignments, and to ensure that probationary and evaluation reports are conducted consistently and regularly. 7. Requires DBC to ensure that the law and ethics examination reflect current law and regulations, and to ensure that the examinations are randomized. 8. Deletes existing law provision requiring a licentiate to 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 DBC of diversion treatment records in disciplinary or criminal proceedings. 9. Requires that 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 their own health and safety, all diversion records for that licentiate shall be provided to DBC's enforcement program and may be used in any disciplinary proceeding. States that if a licentiate in a diversion program tests positive for any banned substance, the board's diversion program manager shall immediately notify DBC's enforcement program and provide the documentation evidencing the positive test result to the enforcement program. Provides that this documentation may be used in a disciplinary proceeding. 10.Deletes the requirement that dental assisting fees that relate to licensing and permitting be established by DBC resolution and instead requires these fees to be established by regulation. CONTINUED SB 540 Page 5 11.Deletes existing intent language for DBC to create and implement an effective forum for dental assisting matters, as specified. 12.Creates a Dental Assisting Council (Council) of DBC, which shall consider all matters relating to dental assistants in this state, including matters that relate to standards for approval of dental assisting educational programs and courses, and make appropriate recommendations to DBC, as specified. 13.Requires that members of the Council to be appointed by the DBC president, and shall consist of two members of DBC, and five members who are either registered dental assistants or registered dental assistants in extended functions. Requires the Council to meet in conjunction with other DBC Committees, and at other times as deemed necessary. 14.Provides that the Council members shall serve 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 shall serve a term of three years. 15.Requires the Council to be the sole entity of DBC that will provide recommendations on dental assisting matters. 16.Extends the California Dental Corps Loan Repayment Program of 2002 until all the moneys in the account are expended. 17.Makes other technical, non-substantive, and conforming changes. Background DBC was created by the California Legislature in 1885, and was originally established to regulate dentists. Today, DBC is responsible for regulating the practice of approximately 71,000 licensed dental health professionals CONTINUED SB 540 Page 6 in California, including 35,500 dentists, 34,300 registered dental assistants (RDAs), and 1,300 registered dental assistants in extended functions (RDAEFs). In addition, DBC is responsible for setting the duties and functions of approximately 50,000 unlicensed dental assistants. The Dental Practice Act provides that the "Ýp]rotection of the public shall be the highest priority of the Dental Board of California in exercising its licensing, regulatory and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount." DBC implements regulatory programs and performs a variety of functions to protect consumers. These programs and activities include setting licensure requirements for dentists, and dental assistants, including examination requirements, issue and renew licenses, issue special permits, monitor probationer dentists and RDAs and manage a Diversion Program for dentists and RDAs whose practice may be impaired due to chemical dependency or mental illness. DBC is composed of 14 members; eight practicing dentists, two dental auxiliaries (registered dental hygienists and RDA), and four public members. The eight licensed dentists, the registered dental hygienist, the RDA, and two public members are appointed by the Governor. The Speaker of the Assembly and the Senate Rules Committee each get a public member appointment. According to DBC, public membership is 29 percent of the Board's composition. Existing law allows the Legislature to conduct policy review of regulatory boards within DCA. This review includes an evaluation of a board's regulatory programs, including staffing, enforcement, budgetary, examination, and practice issues to ensure that consumer protection remains the priority of these boards. This year, DBC was reviewed by the Senate Business, Professions and Economic Development Committee and an oversight hearing was held on March 14, 2011. As part of this hearing, Committee staff prepared an extensive background paper detailing various issues and recommendations for the DBC. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee: CONTINUED SB 540 Page 7 Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Dental Assisting Council up to $60 up to $120 up to $120 Special* * State Dentistry Fund SUPPORT : (Verified 5/24/11) Dental Assisting Alliance ARGUMENTS IN SUPPORT : The Dental Assisting Alliance states that it supports replacing the Dental Assisting Forum with a Dental Assisting Council that meets in conjunction with other Board committees, and establishes the Council as the sole entity making dental assisting recommendations to DBC. As a result, the Alliance points out, dental assisting matters will be much more efficiently and effectively integrated into DBC's deliberations. JJA:mw 5/24/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED