BILL NUMBER: SB 1202 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Leno and Wyland
FEBRUARY 22, 2012
An act to amend Sections 1905, 1917, 1917.1, 1936.1, and 1944 of,
and to add Sections 1902.3, 1917.3, 1926.1, 1926.2, 1926.3, and
1926.4 to, the Business and Professions Code, relating to dentistry.
LEGISLATIVE COUNSEL'S DIGEST
SB 1202, as introduced, Leno. Dental hygienists.
Existing law, the Dental Practice Act, provides for the licensure
and regulation of registered dental hygienists, registered dental
hygienists in alternative practice, and registered dental hygienists
in extended functions by the Dental Hygiene Committee of California
(committee) within the Dental Board of California. Existing law
authorizes the committee to appoint an executive officer to perform
duties delegated by the committee.
(1) The committee performs various functions, including, but not
limited to, the evaluation of all registered dental hygienist,
registered dental hygienist in alternative practice, and registered
dental hygienist in extended functions educational programs that
apply for approval. Under existing law, any dental hygiene program
accredited by and in good standing with the Commission on Dental
Accreditation is required to be approved by the committee. Existing
law also authorizes the committee to employ employees and examiners.
This bill would instead authorize any such dental hygiene program
to be approved by the committee. The bill would additionally
authorize the committee to employ consultants and would authorize the
committee to establish an advisory committee to provide the
committee with information about the state clinical examination.
(2) Under existing law, the committee is required to grant a
registered dental hygienist license to any person meeting certain
requirements, including the completion of a specified educational
program, satisfactory performance on various related examinations,
and the submission of a completed application and the payment of a
fee.
This bill would additionally require an applicant for licensure as
a registered dental hygienist to satisfactorily complete
committee-approved instruction in gingival soft tissue curettage,
nitrous oxide-oxygen analgesia, and local anesthesia. The bill would
authorize the committee to issue a special permit to a registered
dental hygienist licensed in another state authorizing him or her to
teach in a dental hygiene program without being licensed by this
state if certain requirements are met, including the completion of
educational requirements and the payment of an application fee.
(3) Existing law authorizes the committee to grant a license as a
registered dental hygienist to an applicant who has not taken the
specified clinical examination, if the applicant submits certain
information to the committee, including, but not limited to, proof
that the applicant has been in clinical practice as a registered
dental hygienist or has been a full-time faculty member in a
specified program for at least 5 years preceding the date of the
application and proof that the applicant has not been subject to
disciplinary action by another state where he or she was previously
licensed as a registered dental hygienist or dental hygienist.
This bill would require that proof of prior experience to have
been obtained at least 5 years immediately preceding the applicant's
date of application and would expand that proof relating to
disciplinary action to include any other state where the applicant
was previously issued any professional or vocational license.
(4) Except as specified, existing law prohibits an agency in the
department, including the committee, on the basis of an applicant's
failure to successfully complete prior examinations, from imposing
any additional limitations or requirements on any applicant who
wishes to participate in subsequent examinations.
This bill would prohibit an examinee for a registered dental
hygiene license who either fails to pass the state clinical
examination after 3 attempts or fails to pass the examination because
he or she imposed gross trauma on a patient from being eligible for
further reexamination until the examinee completes specified remedial
education.
(5) The committee is required to grant a registered dental
hygienist in alternative practice license to any person meeting
certain requirements, including satisfactory performance on a
specified examination, the submission of an application, and the
payment of application fees. Under existing law, a registered dental
hygienist in alternative practice may perform specified functions and
procedures in residences of the homebound, schools, residential
facilities, and dental health professional shortage areas.
This bill would require a registered dental hygienist in
alternative practice to register his or her place or places of
practice, within a specified timeframe, with the executive officer.
The bill would require a registered dental hygienist in alternative
practice to receive permission from the committee, subject to a
biennial renewal fee, to have an additional place of practice. The
bill would authorize a registered dental hygienist in alternative
practice to operate a mobile dental hygiene clinic under certain
circumstances if various requirements are met, including the payment
of a fee not to exceed $250, pursuant to regulations adopted by the
committee.
(6) Under existing law, the committee may also, as a condition of
license renewal, require licensees to complete a portion of the
required continuing education hours in specific areas, and the
committee may prescribe this mandatory coursework within the general
areas of patient care, health and safety, and law and ethics.
Existing law provides that this mandatory coursework shall not exceed
7.5 hours per renewal period. Existing law requires course providers
to be approved by the committee and specifies that providers
approved by the Dental Board of California shall be deemed approved
by the committee.
This bill would provide that the mandatory coursework shall not
exceed 10 hours per renewal period and also would specify instead
that providers approved by the Dental Board of California may be
deemed approved by the committee. The bill would authorize the
committee to adopt by regulation a measure of continued competency as
a condition of license renewal.
(7) Under existing law, the committee is required to establish by
resolution the amount of the fees that relate to the licensing of a
registered dental hygienist, a registered dental hygienist in
alternative practice, and a registered dental hygienist in extended
functions subject to certain limitations.
This bill would increase the maximum amount of fees for an
original license and the biennial renewal fee for such a license, and
would also increase the maximum fee amount for curriculum review and
site evaluation for specified educational programs, as specified.
The bill would also establish a fee for certification of licensure
and registration of an extramural dental facility.
(8) This bill would make various technical, nonsubstantive, and
conforming changes.
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 1902.3 is added to the Business and Professions
Code, to read:
1902.3. A registered dental hygienist licensed in another state
may teach in a dental hygiene college without being licensed in this
state if he or she has a special permit. The committee may issue a
special permit to practice dental hygiene in a discipline at a dental
hygiene college in this state to any person who submits an
application and satisfies all if the following eligibility
requirements:
(a) Furnishing satisfactory evidence of having a pending contract
with a California dental hygiene college approved by the committee as
a full-time professor, an associate professor, or an assistant
professor.
(b) Furnishing satisfactory evidence of having graduated from a
dental hygiene college approved by the committee.
(c) Furnishing satisfactory evidence of having been certified as a
diplomate of a specialty committee or, in lieu thereof, establishing
his or her qualifications to take a specialty committee examination
or furnishing satisfactory evidence of having completed an advanced
educational program in a discipline from a dental hygiene college
approved by the committee.
(d) Furnishing satisfactory evidence of having successfully
completed an examination in California law and ethics developed and
administered by the committee.
(e) Paying an application fee as provided by Section 1944.
SEC. 2. Section 1905 of the Business and Professions Code is
amended to read:
1905. (a) The committee shall perform the following functions:
(1) Evaluate all registered dental hygienist, registered dental
hygienist in alternative practice, and registered dental hygienist in
extended functions educational programs that apply for approval and
grant or deny approval of those applications in accordance with
regulations adopted by the committee. Any such educational programs
approved by the dental board on or before June 30, 2009, shall be
deemed approved by the committee. Any dental hygiene program
accredited and in good standing by the Commission on Dental
Accreditation shall may be approved.
(2) Withdraw or revoke its prior approval of a registered dental
hygienist, registered dental hygienist in alternative practice, or
registered dental hygienist in extended functions educational program
in accordance with regulations adopted by the committee. The
committee may withdraw or revoke a dental hygiene program approval if
the program has been placed on probationary status by the Commission
on Dental Accreditation.
(3) Review and evaluate all registered dental hygienist,
registered dental hygienist in alternative practice, and registered
dental hygienist in extended functions applications for licensure to
ascertain whether the applicant meets the appropriate licensing
requirements specified by statute and regulations, maintain
application records, cashier application fees, issue and renew
licenses, and perform any other tasks that are incidental to the
application and licensure processes.
(4) Determine the appropriate type of license examination
consistent with the provisions of this article, and develop or cause
to be developed and administer examinations in accordance with
regulations adopted by the committee.
(5) Determine the amount of fees assessed under this article, not
to exceed the actual cost.
(6) Determine and enforce the continuing education requirements
specified in this article Section 1936.1
.
(A) (i) If the committee determines that the public health and
safety would be served by requiring all holders of licenses under
this chapter to continue their education after receiving a license,
it may require, as a condition to the renewal thereof, that a
licensee submit assurances satisfactory to the committee that he or
she will, during the succeeding two-year period, inform himself or
herself of the developments in the practice of dental hygiene
occurring since the original issuance of his or her license by
pursuing one or more courses of study satisfactory to the committee
or by other means deemed equivalent by the committee.
(ii) The committee shall adopt, amend, and revoke regulations
providing for the suspension of a license at the end of the two-year
period until compliance with the assurances provided for in this
section is accomplished.
(B) The committee may also, as a condition of license renewal,
require licensees to successfully complete a portion of the required
continuing education hours in specific areas adopted in regulations
by the committee. The committee may prescribe this mandatory
coursework within the general areas of patient care, health and
safety, and law and ethics. The mandatory coursework prescribed by
the committee shall not exceed seven and one-half hours per renewal
period for dental hygienists, registered dental hygienists in
alternative practice, and registered dental hygienists in extended
functions. Any mandatory coursework required by the committee shall
be credited toward the continuing education requirements established
by the committee pursuant to subparagraph (A).
(7) Deny, suspend, or revoke a license under this article, or
otherwise enforce the provisions of this article. Any such
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the committee shall have all of the powers
granted therein.
(8) Make recommendations to the dental board regarding
dental hygiene scope of practice issues.
(9) Adopt, amend, and revoke rules and regulations to implement
the provisions of this article, including the amount of required
supervision by a registered dental hygienist, a registered dental
hygienist in alternative practice, or a registered dental hygienist
in extended functions of a registered dental assistant.
(b) The committee may employ employees and
, examiners , and consultants that it deems
necessary to carry out its functions and responsibilities under this
article.
(c) The committee may establish an advisory committee to provide
information about the state clinical examination to the committee as
requested by the committee.
SEC. 3. Section 1917 of the Business and Professions Code is
amended to read:
1917. The committee shall grant initial licensure as a registered
dental hygienist to a person who satisfies all of the following
requirements:
(a) Completion of an educational program for registered dental
hygienists, approved by the committee, accredited by the Commission
on Dental Accreditation, and conducted by a degree-granting,
postsecondary institution.
(b) Satisfactory performance on the state clinical examination, or
satisfactory completion of the dental hygiene examination given by
the Western Regional Examining Board or any other clinical dental
hygiene examination approved by the committee.
(c) Satisfactory completion of the National Dental Hygiene Board
examination.
(d) Satisfactory completion of the examination in California law
and ethics as prescribed by the committee.
(e) Submission of a completed application form and all fees
required by the committee.
(f) Satisfactory completion of committee-approved instruction in
gingival soft tissue curettage, nitrous oxide-oxygen analgesia, and
local anesthesia.
SEC. 4. Section 1917.1 of the Business and Professions Code is
amended to read:
1917.1. (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
(1) A completed application form and all fees required by the
committee.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years immediately
preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if the
applicant provides proof of at least three years of clinical
practice and commits to completing the remaining two years of
clinical practice by filing with the committee a copy of a pending
contract to practice dental hygiene in any of the following
facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed as a registered dental hygienist or dentist
issued any professional or vocational license .
If the applicant has been subject to disciplinary action, the
committee shall review that action to determine if it warrants
refusal to issue a license to the applicant.
(6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(7) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
(8) Proof that the applicant has not failed the state
clinical examination , the examination given by the
Western Regional Examining Board, or any other clinical
dental hygiene examination approved by the committee for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
(10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
(c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
(d) The committee shall review the impact of this section on the
availability of actively practicing registered dental hygienists in
California and report to the appropriate policy and fiscal committees
of the Legislature by January 1, 2012. The report shall include a
separate section providing data specific to registered dental
hygienists who intend to fulfill the alternative clinical practice
requirements of subdivision (a). The report shall include, but shall
not be limited to, the following:
(1) The number of applicants from other states who have sought
licensure.
(2) The number of registered dental hygienists from other states
licensed pursuant to this section, the number of licenses not
granted, and the reason why the license was not granted.
(3) The practice location of registered dental hygienists licensed
pursuant to this section. In identifying a registered dental
hygienist's location of practice, the committee shall use medical
service study areas or other appropriate geographic descriptions for
regions of the state.
(4) The number of registered dental hygienists licensed pursuant
to this section who establish a practice in a rural area or in an
area designated as having a shortage of practicing registered dental
hygienists or no registered dental hygienists or in a safety net
facility identified in paragraph (3) of subdivision (a).
(5) The length of time registered dental hygienists licensed
pursuant to this section practiced in the reported location.
SEC. 5. Section 1917.3 is added to the Business and Professions
Code, to read:
1917.3. Notwithstanding Section 135, an examinee for a registered
dental hygienist license who either fails to pass the state clinical
examination required by Section 1917 after three attempts or fails
to pass the state clinical examination as a result of a single
incidence of imposing gross trauma on a patient shall not be eligible
for further reexamination until the examinee has successfully
completed remedial education at an approved dental hygiene program or
a comparable organization approved by the committee.
SEC. 6. Section 1926.1 is added to the Business and Professions
Code, to read:
1926.1. Notwithstanding any other provision of law, a registered
dental hygienist in alternative practice may operate a mobile dental
hygiene clinic provided by his or her property and casualty insurer
as a temporary substitute site for the practice registered by him or
her pursuant to Section 1926.3, if both of the following requirements
are met:
(a) The licensee's registered place of practice has been rendered
and remains unusable due to loss or calamity.
(b) The licensee's insurer registers the mobile dental hygiene
clinic with the committee in compliance with Section 1926.3.
SEC. 7. Section 1926.2 is added to the Business and Professions
Code, to read:
1926.2. (a) Notwithstanding any other provision of law, a
registered dental hygienist in alternative practice may operate one
mobile dental hygiene clinic registered as a dental hygiene office or
facility. The owner or operator of the mobile dental hygiene clinic
or unit shall be registered and operated in accordance with
regulations established by the committee, which regulations shall not
be designed to prevent or lessen competition in service areas, and
shall pay the fees described in Section 1944.
(b) A mobile service unit, as defined in subdivision (b) of
Section 1765.105 of the Health and Safety Code, and a mobile unit
operated by an entity that is exempt from licensure pursuant to
subdivision (b), (c), or (h) of Section 1206 of the Health and Safety
Code, are exempt from this article and Article 3.5 (commencing with
Section 1658). Notwithstanding this exemption, the owner or operator
of the mobile unit shall notify the committee within 60 days of the
date on which dental hygiene services are first delivered in the
mobile unit, or the date on which the mobile unit's application
pursuant to Section 1765.130 of the Health and Safety Code is
approved, whichever is earlier.
(c) A licensee practicing in a mobile unit described in
subdivision (b) is not subject to subdivision (a) as to that mobile
unit.
SEC. 8. Section 1926.3 is added to the Business and Professions
Code, to read:
1926.3. Every person who is now or hereafter licensed as a
registered dental hygienist in alternative practice in this state
shall register with the executive officer, on forms prescribed by the
committee, his or her place of practice, or, if he or she has more
than one place of practice pursuant to Section 1926.4, all of the
places of practice. If he or she has no place of practice, he or she
shall so notify the executive officer. A person licensed by the
committee shall register with the executive officer within 30 days
after the date of the issuance of his or her license as a registered
dental hygienist in alternative practice.
SEC. 9. Section 1926.4 is added to the Business and Professions
Code, to read:
1926.4. When a registered dental hygienist in alternative
practice has a license and desires to have more than one place of
practice, he or she shall, prior to the opening of the additional
office, apply to the committee, pay the fee required by Section 1944,
and obtain permission in writing from the committee to have the
additional place of practice, subject to a biennial renewal fee
described in Section 1944.
SEC. 10. Section 1936.1 of the Business and Professions Code is
amended to read:
1936.1. (a) If the committee determines that the public health
and safety would be served by requiring all holders of licenses under
this article to continue their education after receiving a license,
the committee may require, as a condition of license renewal, that
licensees submit assurances satisfactory to the committee that they
will, during the succeeding two-year period, inform themselves of the
developments in the practice of dental hygiene occurring since the
original issuance of their licenses by pursuing one or more courses
of study satisfactory to the committee, or by other means deemed
equivalent by the committee. The committee shall adopt, amend, and
revoke regulations providing for the suspension of the licenses at
the end of the two-year period until compliance with the assurances
provided for in this section is accomplished.
(b) The committee may also, as a condition of license renewal,
require licensees to successfully complete a portion of the required
continuing education hours in specific areas adopted in regulations
by the committee. The committee may prescribe this mandatory
coursework within the general areas of patient care, health and
safety, and law and ethics. The mandatory coursework prescribed by
the committee shall not exceed seven and one-half
10 hours per renewal period. Any mandatory coursework
required by the committee shall be credited toward the continuing
education requirements established by the committee pursuant to
subdivision (a).
(c) The committee may also adopt by regulation a measure of
continued competency as a condition of license renewal.
(c)
(d) The providers of courses referred to in this
section shall be approved by the committee. Providers approved by the
dental board shall may
be deemed approved by the committee.
SEC. 11. Section 1944 of the Business and Professions Code is
amended to read:
1944. (a) The committee shall establish by resolution the amount
of the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:
(1) 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) two hundred fifty dollars ($250) .
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) 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.
(4) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(5) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(6) The biennial renewal fee shall not exceed eighty
dollars ($80) two hundred fifty dollars ($250) .
(7) The delinquency fee shall not exceed twenty-five
dollars ($25) or one-half of the renewal fee ,
whichever is greater . Any delinquent license may be
restored only upon payment of all fees, including the delinquency
fee, and compliance with all other applicable requirements of this
article.
(8) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(9) The fee for certification of licensure shall not exceed the
renewal fee.
(9)
(10) The fee for each curriculum review and site
evaluation for educational programs for dental hygienists
that who are not accredited by a
committee-approved agency , the Council for Private
Postsecondary and Vocational Education, or the Chancellor's office of
the California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400) shall not exceed two
thousand one hundred dollars ($2,100) .
(10)
(11) The fee for each review of courses required for
licensure that are not accredited by a committee-approved agency, the
Council for Private Postsecondary and Vocational Education, or the
Chancellor's office of the California Community Colleges shall not
exceed three hundred dollars ($300).
(11)
(12) The fee for a provider of continuing education
shall not exceed five hundred dollars ($500) per year
.
(12)
(13) The amount of fees payable in connection with
permits issued under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee by resolution at not more than the current
amount of the renewal fee for a license to practice under this
article nor less than five dollars ($5).
(c) Fees fixed by the committee by resolution pursuant
to this section shall not be subject to the approval of the Office of
Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement the
provisions of this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.
(f) The fee for registration of an extramural dental facility
shall not exceed two hundred fifty dollars ($250).
(g) The fee for a mobile dental hygiene unit shall not exceed one
hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit
shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two
hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described
in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The special permit fee is an amount equal to the biennial
renewal fee specified in paragraph (6) of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient
to cover the reasonable regulatory cost of carrying out the
provisions of this article.