BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 1202
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        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.









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        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 








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          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 








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             $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.









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         Analysis Prepared by  :    Angela Mapp / B.,P. & C.P. / (916) 319-3301 
                                                          


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