BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 540
                                                                  Page  1


          SENATE THIRD READING
          SB 540 (Price)
          As Amended  September 1, 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 








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            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,

             e)   Requirements regarding infection control.








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          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 
            to do so.









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          20)Adds a January 1, 2015, sunset to the Dental Hygiene 
            Committee (Committee) of the Dental Board of California and 
            subjects the Committee to review by the appropriate policy 
            committees of the Legislature.

          21)Clarifies the terms of membership of the Committee and 
            specifies that each member shall hold office until the 
            appointment and qualification of his or her successor or until 
            one year has lapsed since the expiration of the term for which 
            he or she was appointed, whichever comes first.

          22)Provides that for the term commencing January 1, 2012, two of 
            the public members, the general or public health dentist 
            member, and two of the registered dental hygienist (RDH) 
            members, other than the dental hygiene education member or the 
            RDH member licensed in alternative practice or in extended 
            functions, shall each serve a term of two years, expiring 
            January 1, 2014.

          23)Allows the Governor to appoint to the Committee a person who 
            previously served as member of the Committee even if his or 
            her previous term expired, as specified.

          24)Requires DBC to consider recommendations by the Committee 
            regarding scope of practice issues, within 90 days of 
            submission to DBC, as specified.

          25)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.  

          26)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.

          27)Makes technical, conforming changes.

           EXISTING LAW  :

          1)Specifies that DBC consists of eight practicing dentists, one 
            RDH, one RDA, and four public members, effective until January 
            1, 2012. 

          2)Requires every board within DCA, as specified, to initiate the 








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            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 
            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 








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          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 



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