BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 540|
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UNFINISHED BUSINESS
Bill No: SB 540
Author: Price (D)
Amended: 9/1/11
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
SENATE FLOOR : 34-0, 6/1/11
AYES: Alquist, Anderson, Blakeslee, Calderon, Corbett,
Correa, De León, DeSaulnier, Dutton, Emmerson, Evans,
Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Lowenthal, Negrete McLeod, Pavley,
Price, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Berryhill, Cannella, Liu, Padilla,
Rubio, Runner
ASSEMBLY FLOOR : Not available
SUBJECT : Dentistry
SOURCE : Author
DIGEST : This bill extends the sunset date of the Dental
CONTINUED
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Board of California (DBC) to January 1, 2016, adds one
additional public member to the DBC, and makes other
programmatic changes.
Assembly Amendments restore the dental hygienist and the
dental assistant positions on the DBC, revise the
membership and duties of the Dental Assisting Council, add
provisions to the bill relating to the Dental Hygiene
Committee of California, add legislative intent language
stating that any fees established by the DBC which are in
effect on December 31, 2011 continue to apply on or after
January 1, 2012 until the DBC changes those fees by
regulation, and make various technical changes.
ANALYSIS :
Existing law:
1. Establishes the 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
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until January 1, 2012, and after that date, is repealed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 (DCA), 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
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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
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:
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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 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 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.
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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.
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.
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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.
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
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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.
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
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
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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 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 DBC's operations would sunset on
January 1, 2012.
2. Annual costs of $90,000 (special fund) associated with
operation of the Dental Assisting Council.
SUPPORT : (Verified 9/7/11)
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California Association of Dental Assisting Teachers
Dental Board of California
JJA:mw 9/7/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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