BILL ANALYSIS Ó SB 1202 Page 1 SENATE THIRD READING SB 1202 (Leno and Wyland) As Amended August 20, 2012 Majority vote SENATE VOTE :38-0 BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Bill Berryhill, |Ayes:|Gatto, Harkey, | | |Allen, Butler, Eng, | |Blumenfield, Bradford, | | |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Fuentes, | | | | |Hall, Hill, Cedillo, | | | | |Mitchell, Nielsen, Norby, | | | | |Solorio, Wagner | | | | | | ----------------------------------------------------------------- SUMMARY : Makes a number of changes regarding the licensure and regulation of registered dental hygienists (RDHs), RDHs in alternative practice (RDHAPs), and RDH's in extended functions by the Dental Hygiene Committee of California (DHCC). Specifically, this bill : 1)Allows an RDH licensed in another state to teach in a dental hygiene college without being licensed in California if the RDH holds a special permit, and authorizes the DHCC to issue a special permit if the RDH has a contract to teach, has completed specified education and examination requirements, and pays an application fee subject to a biennial renewal fee, as specified. 2)Allows, rather than requires, the DHCC to approve educational programs accredited by the Commission on Dental Accreditation (CODA) of the American Dental Association and deletes language specifying that the programs be in good standing with CODA. 3)Deletes language allowing DHCC to withdraw or revoke a dental hygiene program approval if CODA has placed the program on probationary status, and instead allows DHCC to withdraw or revoke approval if CODA has indicated intent to withdraw approval or has withdrawn approval. SB 1202 Page 2 4)Requires an applicant for an RDH license to complete DHCC-approved instruction in gingival soft tissue curettage, nitrous oxide-oxygen analgesia, and local anesthesia. 5)Revises the requirements for issuing a California license to an RDH licensed in another state by: a) Requiring out-of-state experience to have been obtained in the five years immediately preceding the application date; b) Expanding information relating to prior disciplinary action, to include any previously issued professional or vocational license (not just a dental hygiene or dental license); and, c) Expanding the types of exams for which an applicant must provide proof of completion and of not failing more than once, to include the examination given by the Western Regional Examining Board or any other clinical dental hygiene examination approved DHCC. 6)Prohibits an applicant for an RDH license who fails the clinical examination three times, or who fails the examination as a result of a single incidence of imposing gross trauma on a patient, from being eligible to take the examination again until the applicant completes remedial education approved by DHCC. 7)Authorizes an RDHAP to operate a mobile dental hygiene clinic, as specified, and establishes an initial registration fee of up to $150 and a biennial renewal fee of up to $250. 8)Requires an RDHAP to register his or her place or places of practice with the DHCC within 30 days of licensure, and requires an RDHAP who wishes to have more than one place of practice to apply for DHCC permission and pay an initial fee of up to $250 and a biennial renewal fee of up to $250. 9)Allows, rather than requires, DHCC to seek an injunction against an RDHAP who violates a requirement to obtain a prescription prior to rendering services, as specified. 10)Requires, rather than states legislative intent, that DHCC grant or renew approval of educational programs that maintain high-quality instructional standards and requires approval, where appropriate, of programs that meet the minimum standards set by SB 1202 Page 3 CODA or an equivalent body, as determined by DHCC. 11)Requires a new educational program for RDHs to submit a feasibility study demonstrating a need for a new educational program, and apply for approval from DHCC prior to seeking approval for initial accreditation from CODA or an equivalent body, as determined by DHCC. DHCC may approve, provisionally approve, or deny approval of any such new educational program. 12)Defines a new educational program for RDHs to mean 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 of California (DBC), or that is accredited to offer college level or college parallel programs by the CODA or an equivalent body, as determined by DHCC. 13)Requires an approved dental hygiene educational program to register an extramural dental facility with DHCC, as specified, and defines extramural dental facility to mean 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. 14)Increases maximum fee amounts as follows: a) Application for an original license, up to $250 (from $50); b) Biennial license renewal, up to $160 (from $80); and, c) Curriculum review and site evaluation for dental hygiene educational programs, up to $2,100 (from $1,400). 15)Establishes new maximum fees as follows: a) Registration of an extramural dental facility, up to $250; b) Registration of a mobile dental hygiene unit, up to $150; c) Biennial renewal for a mobile dental hygiene unit, up to SB 1202 Page 4 $250; d) Additional office permit, up to $250; e) Biennial renewal for an additional office, up to $250; and, f) Initial application and biennial renewal for a special permit, equal to the biennial license renewal fee (up to $250). 16)Clarifies that the fee for certification of licensure shall not exceed one-half of the renewal fee. 17)Makes technical and conforming changes. FISCAL EFFECT : According to the Assembly Appropriations Committee: 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 informational technology (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 : This bill is a follow-up measure to legislation from 2008, which created the DHCC and shifted oversight of dental hygiene from the DBS to DHCC. It provides a number of changes and updates to the statutes governing the DHCC and its regulatory authority. SB 1202 Page 5 Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301 FN: 0005043