BILL NUMBER: SB 1202 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MAY 8, 2012
AMENDED IN SENATE APRIL 12, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senators Leno and Wyland
FEBRUARY 22, 2012
An act to amend Sections 1905, 1917, 1917.1, 1931, 1936.1, 1941,
and 1944 of, and to add Sections 1902.3, 1917.3, 1926.1, 1926.2,
1926.3, 1926.4, and 1942 to, the Business and Professions Code,
relating to dentistry.
LEGISLATIVE COUNSEL'S DIGEST
SB 1202, as amended, 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 hygienists , registered dental
hygienist hygienists in alternative
practice, and registered dental hygienist
hygienists 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 (commission) is required to be approved by the
committee. Existing law authorizes the committee to withdraw or
revoke a dental hygiene educational program approval if the program
has been placed on probation by the commission. Existing law
also authorizes the committee to employ employees and examiners.
This bill would eliminate the good standing requirement and would
instead authorize any dental hygiene program accredited by the
commission to be approved by the committee. The bill would authorize
the committee to withdraw or revoke program approval if the
commission intends to withdraw or has withdrawn approval.
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 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, but not limited to,
the completion of educational requirements and the payment of an
application fee, subject to a biennial renewal 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 clinical examination
after 3 attempts or fails to pass the clinical 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, if a registered dental hygienist in
alternative practice provides dental hygiene services to a patient 18
months after the first date that he or she provided services to the
patient, he or she is required to obtain written verification,
including a written prescription for dental hygiene services, issued
by a dentist or physician and surgeon licensed to practice in this
state. Existing law provides that a registered dental hygienist in
alternative practice who provides those services in violation of
these provisions has engaged in unprofessional conduct and that the
committee shall seek an injunction against him or her. Existing law
provides circumstances under which the committee may revoke or
suspend a license to practice dental hygiene.
This bill would instead authorize the committee to seek an
injunction under those circumstances and specify that a violation by
a registered dental hygienist in alternative practice of the
requirement to obtain a prescription, as specified above, before
providing those services is reason for the committee to revoke or
suspend his or her license.
(7) 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.
(8) Under existing law, the committee is required to establish by
resolution the amount of the fees, subject to respective maximum fee
amounts established by existing law, 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 respective maximum fee amounts within
which the committee shall establish fee amounts 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 define the term "extramural dental facility" and also
establish a fee for certification of licensure and registration of an
extramural dental facility.
(9) Existing law declares it is the intent of the Legislature that
the committee grant or renew approval of only those educational
programs for, among others, a registered dental hygienist that
continuously maintain a high quality standard of instruction.
This bill would instead require the committee to grant or renew
approval of only those educational programs that meet the standard
described above and, where appropriate, meet the minimum standards
set by the commission or an equivalent body, as determined by the
committee. The bill would require a new educational program for
registered dental hygienists, as defined, to also submit a
feasibility study demonstrating a need for a new educational program
and would require a new educational program to apply to the committee
for specified approval prior to seeking initial accreditation from
the commission or an equivalent body, as determined by the committee.
(10) 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 of 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 or part-time professor, associate professor, assistant
professor, faculty member, or instructor.
(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, subject to a biennial renewal 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 by the Commission on Dental Accreditation 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 Commission on Dental Accreditation has indicated an intent to
withdraw approval or has withdrawn approval.
(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 Section 1936.1.
(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 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
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 National Dental
Hygiene Board Examination and of a state clinical examination,
regional clinical licensure examination, or any other clinical dental
hygiene examination approved by the committee.
(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 clinical
examination required by Section 1917 after three attempts or fails to
pass the 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 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 1931 of the Business and Professions Code is
amended to read:
1931. (a) (1) A dental hygienist in alternative practice may
provide services to a patient without obtaining written verification
that the patient has been examined by a dentist or physician and
surgeon licensed to practice in this state.
(2) If the dental hygienist in alternative practice provides
services to a patient 18 months or more after the first date that he
or she provides services to a patient, he or she shall obtain written
verification that the patient has been examined by a dentist or
physician and surgeon licensed to practice in this state. The
verification shall include a prescription for dental hygiene services
as described in subdivision (b).
(b) A registered dental hygienist in alternative practice may
provide dental hygiene services for a patient who presents to the
registered dental hygienist in alternative practice a written
prescription for dental hygiene services issued by a dentist or
physician and surgeon licensed to practice in this state. The
prescription shall be valid for a time period based on the dentist's
or physician and surgeon's professional judgment, but not to exceed
two years from the date it was issued.
(c) (1) The committee may seek to obtain an injunction against any
registered dental hygienist in alternative practice who provides
services pursuant to this section, if the committee has reasonable
cause to believe that the services are being provided to a patient
who has not received a prescription for those services from a dentist
or physician and surgeon licensed to practice in this state.
(2) Providing services pursuant to this section without obtaining
a prescription in accordance with subdivision (b) shall constitute
unprofessional conduct on the part of the registered dental hygienist
in alternative practice, and reason for the committee to revoke or
suspend the license of the registered dental hygienist in alternative
practice pursuant to Section 1947.
SEC. 11. 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 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.
(d) The providers of courses referred to in this section shall be
approved by the committee. Providers approved by the board may be
deemed approved by the committee.
SEC. 12. Section 1941 of the Business and Professions Code is
amended to read:
1941. (a) The committee shall grant or renew approval of only
those educational programs for a registered dental hygienist, a
registered dental hygienist in alternative practice, or a registered
dental hygienist in extended functions that continuously maintain a
high quality standard of instruction and, where appropriate, meet the
minimum standards set by the Commission on Dental Accreditation of
the American Dental Association or an equivalent body, as determined
by the committee.
(b) A new educational program for registered dental hygienists
shall submit a feasibility study demonstrating a need for a new
educational program and shall apply for approval from the committee
prior to seeking approval for initial accreditation from the
Commission on Dental Accreditation of the American Dental Association
or an equivalent body, as determined by the committee. The committee
may approve, provisionally approve, or deny approval of any such new
educational program.
(c) For purposes of this section, a new educational program for
registered dental hygienists means a program provided by a college or
institution of higher education that is accredited by a regional
accrediting agency recognized by the United States Department of
Education and that has as its primary purpose providing college level
courses leading to an associate or higher degree, that is either
affiliated with or conducted by a dental school approved by the
dental board, or that is accredited to offer college level or college
parallel programs by the Commission on Dental Accreditation of the
American Dental Association or an equivalent body, as determined by
the committee.
SEC. 13. Section 1942 is added to the Business and Professions
Code, to read:
1942. (a) As used in this article "extramural dental facility"
means any clinical facility that has contracted with an approved
dental hygiene educational program for instruction in dental hygiene,
that exists outside or beyond the walls, boundaries, or precincts of
the primary campus of the approved program, and in which dental
hygiene services are rendered.
(b) An approved dental hygiene educational program shall register
an extramural dental facility with the committee. That registration
shall be accompanied by information supplied by the dental hygiene
program pertaining to faculty supervision, scope of treatment to be
rendered, name and location of the facility, date on which the
operation will commence, discipline of which the instruction is a
part, and a brief description of the equipment and facilities
available. The foregoing information shall be supplemented by a copy
of the agreement between the approved dental hygiene educational
program or parent university, and the affiliated institution
establishing the contractual relationship. Any change in the
information initially provided to the committee shall be communicated
to the committee.
SEC. 14. 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 and the fee for
issuance of an original license shall not exceed 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 two hundred fifty
dollars ($250).
(7) The delinquency fee shall not exceed one-half of the renewal
fee. 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.
(10) The fee for each curriculum review and site evaluation for
educational programs for dental hygienists who are not accredited by
a committee-approved agency shall not exceed two thousand one hundred
dollars ($2,100).
(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).
(12) The initial application and biennial fee for a provider of
continuing education shall not exceed five hundred dollars ($500).
(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 registration of 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 initial application and biennial 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.