BILL ANALYSIS Ó SB 540 Page 1 SENATE THIRD READING SB 540 (Price) As Amended August 15, 2011 Majority vote SENATE VOTE :34-0 BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, | | |Allen, Butler, Eng, | |Blumenfield, Bradford, | | |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | ----------------------------------------------------------------- SUMMARY : Adds one additional public member to the Dental Board of California (DBC) and extends DBC's sunset date to January 1, 2016. Specifically, this bill : 1)Deletes existing requirements related 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 its sunset, the DBC becomes subject to review by the appropriate policy committees of the Legislature. 3)Increases the size of the DBC by adding a public member, appointed by the governor. 4)Requires DBC, by January 1, 2013, to comply with existing statute that requires boards within the Department of Consumer Affairs (DCA), including DBC, to adopt regulations requiring licensees to provide notice to clients or customers that they are licensed by the state, and includes certain specified notice requirements. 5)Extends the sunset date of the appointment of DBC's executive SB 540 Page 2 officer to January 1, 2016. 6)Requires DBC to adopt written guidelines on how to make probation assignments for licensees, and to ensure that probationary and evaluation reports are conducted consistently and regularly. 7)Deletes existing law provisions requiring a licentiate to sign an agreement of understanding that the withdrawal or termination from DBC's diversion program at a time when a diversion evaluation committee determines the licentiate presents a threat to the public's health and safety authorizes DBC to use diversion treatment records in disciplinary or criminal proceedings. 8)Requires that if a licentiate withdraws or is terminated from DBC's 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 DBC's enforcement program and may be used in any disciplinary proceeding. 9)Requires the DBC's diversion program manager to immediately notify DBC's enforcement program when a licentiate in a diversion program tests positive for any banned substance, and provide documentation evidencing the positive test result. Authorizes this documentation's use in a disciplinary proceeding. 10)Creates a Dental Assisting Council (Council) of DBC, to consider all matters relating to registered dental assistants (RDAs), and make recommendations to DBC including: a) Requirements for RDA examination, licensure, permitting, and renewal; b) Standards and criteria for approval of dental assisting educational programs, courses, and continuing education; c) Allowable RDA duties, settings, and supervision levels; d) Appropriate standards of conduct and enforcement for RDAs; and, SB 540 Page 3 e) Requirements regarding infection control. 11)Requires DBC to appoint the RDA from the DBC, an additional member of the DBC, and five RDAs, as specified, to the Council. 12)Requires DBC, when appointing the five RDA members to the Council, to consider recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of RDAs within the state. Requires two of the RDA members to be employed as faculty members of a registered dental assisting education program and three of the RDA members, one of which is an RDA in extended functions (RDAEF), to be employed clinically in private dental practice or public safety net or dental health care clinic, as specified. 13)Provides that no Council appointee shall have served previously on the dental assisting forum or have any financial interest in any RDA school. 14)Requires each Council member to meet certain existing requirements and comply with conflict of interest requirements, as specified. 15)Provides that each Council member term is four years, unless otherwise exempted. 16) Requires DBC to approve, modify, or reject recommendations by the Council within 90 days of submission to DBC. Authorizes the Council to request DBC to provide its reasons in writing for rejecting or significantly modifying the recommendation within 30 days of the request. 17)Requires the DBC to make all the initial appointments to the Council by May 1, 2012. 18)Requires the Council to select a chair to establish Council agendas and serve as liaison to DBC, including reporting of the Council recommendations to DBC. 19)Requires DBC, after considering Council recommendations, to assign procedures, as specified, to the practical examination for RDA or RDAEF licensure, instead of appointing a committee SB 540 Page 4 to do so. 20)Requires DBC to consider recommendations by the Dental Hygiene Committee regarding scope of practice issues, within 90 days of submission to DBC, as specified. 21)Extends the sunset date of the California Dental Corps Loan Repayment Program of 2002 from July 1, 2012, to until all the moneys in the account are expended. 22)States legislative intent that any fees established by DBC in effect on December 31, 2011, continue to apply on and after January 1, 2012, until DBC changes those fees through regulation, as specified. 23)Makes technical, conforming changes. EXISTING LAW : 1)Specifies that DBC consists of eight practicing dentists, one registered dental hygienist (RDH), one RDA, and four public members, effective until January 1, 2012. 2)Requires every board within DCA, as specified, to initiate the process of adopting regulations on or before January 1, 1999, requiring its "licentiates", as defined, to provide notice to their clients or customers that they are licensed by this state. 3)Prohibits a dentist from holding himself or herself out as a specialist, unless certain specialization requirements are met, for purposes of advertising. 4)Authorizes 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. 5)Requires DBC to establish criteria for the acceptance, denial, or termination of licentiates in a DBC diversion program. Requires licentiates to sign an agreement of understanding that withdrawal or termination from the DBC diversion program at a time when a diversion evaluation committee determines the SB 540 Page 5 licentiate presents a threat to the public's health and safety and authorizes DBC to use diversion treatment records in disciplinary or criminal proceedings. 6)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 service in a "dentally underserved area," as defined. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1) Approximately $13.5 million (State Dentistry Fund and State Dental Assistants Fund) annually in regulatory costs will continue to be incurred as a result of a provision extending the sunset on the DBC. Under current law, the board's operations would sunset on January 1, 2012. 2) Annual costs of $90,000 (special fund) associated with operation of the Dental Assisting Council. COMMENTS : 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 in California, including 35,500 dentists, 34,300 RDAs, and 1,300 RDAEFs. In addition, DBC is responsible for setting the duties and functions of approximately 50,000 unlicensed dental assistants. DBC implements regulatory programs and performs a variety of functions to protect consumers. These programs and activities include setting licensure requirements for dentists, and RDAs, 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, one RDH, one RDA, and four public members. The eight licensed dentists, the RDH, the RDA, and two public members are appointed by the Governor. The Speaker of the Assembly and the Senate Rules Committee each appoint a public member. Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916) 319-3301 SB 540 Page 6 FN: 0002215