BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1202
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 1202 (Leno) - As Amended:  May 29, 2012 

          Policy Committee:                             Business and 
          Professions  Vote:                            9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill modifies numerous provisions relating to the Hygiene 
          Committee of California (committee) within the Dental Board of 
          California, including raising statutory maximum fee levels and 
          creating new fee categories.  Specifically, this bill:

          1)Raises the statutory maximum levels of several fees: 
             a)   License application fee, from $50 to $250.
             b)   Biennial renewal fees, from $80 to $250.
             c)   Delinquency fee, from $40 to one-half the renewal fee 
               (maximum of $125).  
             d)   Curriculum review and site evaluation, from $1,400 to 
               $2,100.

          2)Establishes and creates statutory maximum levels for several 
            new fee categories as: 
             a)   Certification of licensure, maximum of $250. 
             b)   Registration of an extramural dental facility, maximum 
               of $250. 
             c)   Registration of a mobile dental hygiene unit, maximum of 
               $150. 
             d)   Biennial renewal fee for a mobile dental hygiene unit, 
               maximum of $250.
             e)   Additional office permit, maximum of $250.
             f)   The biennial renewal fee for an additional office, 
               maximum of $250.
             g)   The initial application and biennial special permit fee, 
               set equal to the biennial renewal fee of $250.  

          3)Allows the committee to issue a special permit for 
            out-of-state dental hygiene instructors to teach in 








                                                                  SB 1202
                                                                  Page  2

            California.  Modifies certain requirements related to 
            potential out-of-state licensees.

          4)Authorizes, instead of requires, the committee to approve 
            dental hygiene educational programs accredited by the 
            Commission on Dental Accreditation.

          5)Requires potential licensees to complete certain courses 
            related to "extended functions" (gingival soft tissue 
            curettage, nitrous oxide-oxygen analgesia, and local 
            anesthesia). 

          6)Tightens requirements related to failure of clinical exams.

          7)Allows Registered Dental Hygienists in Alternative Practice 
            (RDH-AP) to establish mobile clinics, and establishes site 
            registration requirements for RDH-APs.

           FISCAL EFFECT  

          1)One-time costs for development and promulgation of regulations 
            and standards related to approval of educational programs, 
            registration of places of practice and mobile clinics for 
            RDH-APs, and registration of extramural dental facilities, as 
            well as workload analysis to support fee increases, in the 
            range of $80,000.

          2)One-time costs in the range of $100,000 to modify IT systems 
            to support a number of changes made by this bill.

          3)Likely minor ongoing costs, under $50,000, to manage various 
            new requirements and to exercise the additional authority 
            granted to the committee by this bill.

          4)All costs would be funded through the Dental Hygiene special 
            fund.  As this bill raises statutory maximum levels for 
            existing fees and creates statutory maximum levels for new 
            fees, additional revenue will not be generated until the 
            committee increases fees by resolution as authorized under 
            existing law.  However, additional costs related to this bill 
            are expected to be fully covered by increased fee revenue.  

           COMMENTS  

           1)Rationale  . The author indicates this bill implements changes 








                                                                  SB 1202
                                                                  Page  3

            identified by the committee and the California Dental 
            Hygienists' Association that ensure the committee is best able 
            to oversee the profession.  Provisions of this bill ensure 
            dental hygienists are properly trained and licensed, ensure 
            approved educational programs are high-quality, expand access 
            to dental care by allowing mobile treatment sites, and allow 
            the committee flexibility to raise fees to address a projected 
            deficit in 2016-17. 

           2)Fiscal Comments Related to Fee Levels  .  Fees related to core 
            licensure and renewal fees provide most of the revenue to 
            support committee functions.   Some of the steep increases in 
            these fee ceilings for these licensure and renewal fees appear 
            unwarranted.  For example, the committee will be authorized to 
            increase the total fee to obtain an initial license from $50 
            to $250.  Licensure renewal fees could also increase from $80 
            to $250.  

            Information provided from the committee to the Senate Business 
            and Professions Committee indicates the committee is projected 
            to collect approximately $700,000 in renewal fees, which 
            provides the majority of the committee's revenues.  Based on 
            this level of current and projected fee collection, the 
            $167,000 deficit projected for fiscal year 2016-17 could be 
            covered entirely by more modest increases in licensure and 
            renewal fees.  Even a doubling of renewal fees to $160 would 
            provide far in excess of the committee's projected annual 
            expenditures for the next five years.  

            This bill also creates a fee category for certification of 
            licensure, with a maximum fee of $250.  The committee 
            indicates certification of licensure is a verification sent to 
            another state board or similar entity that the licensee is in 
            good standing.  Workload costs for checking licensure status 
            and sending verification do not appear to warrant a $250 
            maximum fee level.

           3)Prior Legislation  . SB 853 (Perata) of 2008 created the Dental 
            Hygiene Committee of California to regulate the profession.  

           Analysis Prepared by  :    Lisa Murawski / APPR. / (916) 319-2081 












                                                                  SB 1202
                                                                  Page  4