BILL ANALYSIS                                                                                                                                                                                                    Ó







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        |`Hearing Date:June 16, 2014        |Bill No:AB                         |
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                      SENATE COMMITTEE ON BUSINESS, PROFESSIONS 
                               AND ECONOMIC DEVELOPMENT
                              Senator Ted W. Lieu, Chair
                                           

                        Bill No:        AB 1174Author:Bocanegra
                         As Amended:May 21, 2014  Fiscal: Yes

        
        SUBJECT:  Dental professionals. 
        
        SUMMARY:  Extends the duties of a registered dental hygienist (RDH),  
        registered dental hygienist in alternative practice (RDHAP) and  
        registered dental assistant in extended functions (RDAEF) to include  
        performing radiographs, determining which radiographs to perform and  
        placing protective restorations.  Also requires a dentist to be  
        responsible to provide to the patient, or the patient's  
        representative, a written notice including specified contact  
        information and disclosing that the care was provided at the direction  
        of that dentist.  Prohibits a dentist from concurrently supervising  
        more than five dental auxiliaries.  Provides that face-to-face contact  
        between a health care provider and patient is not required under the  
        Medi-Cal program for teledentistry.

        Existing law:
        
        1) Establishes the Dental Practice Act, administered by the Dental  
           Board of California (Board), to regulate the practice of dentistry.  
            (BPC § 1600 et seq.)

        2) Establishes the Dental Hygiene Committee of California (DHCC) to  
           regulate the practice of registered dental hygienists (RDHs),  
           registered dental hygienists in extended functions and registered  
           dental hygienists in alternative practice (RDHAPs).  (BPC § 1900;  
           1901)

        3) Specifies that the DHCC shall make recommendations to the Board  
           regarding dental hygiene scope of practice issues.  (BPC §  
           1905(a)(8))





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        4) Further specifies that recommendations by the DHCC regarding scope  
           of practice issues shall be approved, modified or rejected by the  
           Board within 90 days of submission to the Board.  (BPC § 1905.2)

        5) Defines "direct supervision" as supervision of dental procedures  
           based on instructions given by a licensed dentist who must be  
           physically present in the treatment facility during the performance  
           of these procedures.  (BPC § 1902(c))

        6) Defines "general supervision" as supervision of dental procures  
           based on instructions given by a licensed dentist but not requiring  
           the physical presence of the supervising dentist during the  
           performance of these procedures.  (BPC § 1902(d))

        7) Specifies the practice included in and excluded from dental hygiene  
           as follows:  
        (BPC § 1908)

                a)        The practice of dental hygiene  includes  : 
                  i)          Dental hygiene assessment and development,  
                    planning and implementation of a dental hygiene care plan,  
                    oral health education, counseling and health screening.

                b)        The practice of dental hygiene does not include  :
                  i)          Diagnosis and comprehensive treatment planning;
                  ii)         Placing, condensing, carving or removal of  
                    permanent restorations;
                  iii)        Surgery of cutting on hard and soft tissue  
                    including, but not limited to, the removal of teeth and  
                    the cutting and suturing of soft tissue;
                  iv)         Prescribing medication; and
                  v)          Administering local or general anesthesia or  
                    oral or parenteral conscious sedation, except for the  
                    administration of nitrous oxide and oxygen.

        8) Specifies the procedures a dental hygienist is authorized to  
           perform  under direct supervision  of a dentist after submitting  
           evidence of specified education requirements including:  
        (BPC §1909)

                a)        Soft-tissue curettage;

                b)        Administration of local anesthesia; and

                c)        Administration of nitrous oxide and oxygen.





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        9) Specifies the dental hygienist services that can be provided  
            without direct supervision  :  
        (BPC § 1911)

                a)        Educational services, oral health training programs,  
                  oral health screenings; and

                b)        Dental hygiene preventive services in addition to  
                  oral screenings including, but not limited to, the  
                  application of fluorides and pit and fissure sealants. 

        10)Specifies the procedures dental hygienists are authorized to  
           perform  under general supervision  :  (BPC § 1910)

                a)        Preventative and therapeutic interventions,  
                  including oral prophylaxis, scaling and root planning;

                b)        Application of topical, therapeutic and subgingival  
                  agents used for the control of caries and periodontal  
                  disease;

                c)        Taking impressions for bleaching trays and  
                  application and activation of agents with non-laser  
                  light-curing devices; and

                d)        Taking impressions for bleaching trays and  
                  placements of in-office tooth whitening devices.
        11)Specifies that any procedure performed or service provided by a  
           RDH, that does not specifically require direct supervision, shall  
           require general supervision so long as it does not give rise to a  
           situation in the dentist's office requiring immediate services for  
           alleviation of severe pain, or immediate diagnosis and treatment of  
           unforeseeable dental conditions that, if not immediately diagnosed  
           and treated, would lead to serious disability or death.  
        (BPC § 1912)

        This bill:

        1) Removes the dental auxiliary's ability to "expose" and instead  
           permits a dental auxiliary to "determine and perform" emergency  
           radiographs upon direction of the dentist.

        2) Expands the auxiliary's authority to determine and perform  
           radiographs for the specific purpose of aiding a dentist in  
           completing a comprehensive diagnosis and treatment plan for a  





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           patient.

        3) Specifies that if dental treatment is provided to a patient by a  
           dental auxiliary, pursuant to the diagnosis and treatment plan  
           authorized by a supervising dentist, the supervising dentist shall  
           ensure that the patient, or the patient's representative, is  
           notified in writing of the supervising dentist's name, practice  
           location address, telephone number and email address, and that the  
           care was provided at the direction of the dentist.

        4) Specifies that a dentist shall not concurrently supervise more the  
           five dental auxiliaries providing services.

        5) Specifies that a RDAEF, RDH or  RDHAP, licensed on or after January  
           1, 2010, or having completed the educational requirements to  
           perform specified duties, is authorized to perform both of the  
           following additional duties pursuant to the order, control and full  
           professional responsibility of a supervising dentist:

                a)        Determine which radiographs to perform on a patient,  
                  who has not received an initial examination by the  
                  supervising dentist, for the specific purpose of the dentist  
                  making a diagnosis and treatment plan for the patient. 

                b)        Place protective restorations, which for this  
                  purpose are identified as interim therapeutic restorations,  
                  and defined as a direct provisional restoration placed to  
                  stabilize the tooth until a licensed dentist diagnoses the  
                  need for further definitive treatment. 

        6) Defines "interim therapeutic restoration" (ITR) as "the removal of  
           soft material from the tooth using only hand instrumentation,  
           without the use of rotary instrumentation, and subsequent placement  
           of an adhesive restorative material."

        7) Specifies that local anesthesia shall not be necessary for ITR  
           placement.

        8) Specifies the clinical settings in which ITRs can be placed.

        9) Authorizes the Board to promulgate regulations establishing  
           requirements for courses of instruction for the procedures  
           authorized to be performed by a RDAEF, RDHAP or RDH no later than  
           January 1, 2018.

        10)Specifies that prior to January 1, 2018, the Board shall use the  





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           competency-based training protocols established by Health Workforce  
           Pilot Project No. 172.

        11)Removes the specifications for RDAEFs, RDHs and RDHAPs to "choose"  
           radiographs after a dentist has examined the patient and instead  
           authorizes RDHEFs to "determine which radiographs to perform" on a  
           patient who has not received an initial examination by the  
           supervising dentist for the specific purpose of the dentist making  
           a diagnosis and treatment plan for the patient under protocols  
           established by the supervising dentist applicable in specified  
           settings.

        12)Provides that the specified functions may be performed by the RDAEF  
           only after completion of a program that includes training in  
           performing those functions, or after providing evidence,  
           satisfactory to the Board, of having completed a Board-approved  
           course in those functions.

        13)Directs the DHCC to review proposed regulations and any subsequent  
           proposed amendments to the promulgated regulations and submit any  
           changes to the Board for review to establish a consensus. 

        14)States that the office shall extend the duration of the HWPP No.  
           172 until January 1, 2016, in order to maintain the competence of  
           the clinicians trained during the course of the project, and to  
           authorize training of additional clinicians in the duties specified  
           in HWPP No. 172. 


        FISCAL EFFECT:  This measure has been keyed "fiscal" by Legislative  
        Counsel.  According to the Assembly Committee on Appropriations  
        Committee analysis dated January 23, 2014, the fiscal effect of this  
        bill is as follows:

         1) "Annual fee-supported special fund costs to the Dental Hygiene  
           Committee of California (DHCC) and the Dental Board of California  
           (DBC) to approve training courses and to oversee the expanded scope  
           of dental personnel would be incurred as follows:

                a.        $150,000 to the DBC, which regulates RDAs (State  
                  Dental Assistant Fund).

                b.        $80,000 to the DHCC (State Dental Hygiene Fund).

         2) Minor one-time Information Technology (IT) costs to incorporate  
           changes to the licensing system (State Dental Assistant Fund/State  





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           Dental Hygiene Fund).

         3) Denti-Cal, the dental program within Medi-Cal, may incur  
           additional costs, potentially in the hundreds of thousands of  
           dollars, as a result of increased utilization of dental services.   
           Increased costs are more likely if personnel performing the  
           expanded functions, and/or using teledentistry, reach populations  
           that may otherwise forgo dental care.  Given utilization rates of  
           Denti-Cal services are extremely low, there appears to be ample  
           opportunity to increase utilization, leading to commensurate cost  
           increases.  

         4) Any additional costs would likely be relatively small at first and  
           could grow with time, as the expanded functions and reimbursement  
           for teledentistry became the norm.  A credible  
           fiscal estimate for initial years developed by the principal  
           investigators of Health Workforce Pilot Project (HWPP) #172, based  
           upon the number of participants in the project, pegged  
           increased Denti-Cal costs at about $300,000 annually, likely  
           growing slowly over time (GF/federal funds, majority federal  
           funds).  This estimate may overstate costs directly resulting from  
           this bill, as existing law authorizes DHCS to reimburse for  
           teledentistry services. 

         5) In practice, however, it appears as though [there is] ambiguity as  
           to whether providers are allowed to bill Medi-Cal for teledentistry  
           services has limited provider interest in developing these systems  
           and billing Medi-Cal.

         6) If this bill leads to greater utilization of relatively low-cost  
           preventive interventions such as ITRs, the state may eventually  
           experience some level of future cost savings by avoiding more  
           costly dental diseases and emergencies. However, an estimate of the  
           magnitude and likelihood of any such savings are beyond the scope  
           of this analysis."

        
        COMMENTS:
        
        1. Purpose.  This bill is sponsored by the Author.  According to the  
           Author, "This bill expands the scope of practice for registered  
           dental assistants in extended functions (RDAEFs), [registered  
           dental assistants in alternative practice (RDHAPs)],  and  
           registered dental hygienists (RDHs) to further the practice of  
           teledentistry in accordance with the finding of a Health Workforce  
           Pilot Program (HWPP), and enables reimbursement by Medi-Cal for  





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           Virtual Dental Home (VDH) treatment.  Specifically, the bill allows  
           RDAEFs, [RDHAPs], and RDHs, working out in the field under the VDH  
           model, to take x-rays without the consent of a dentist and place an  
           interim restorative therapy on a dentist's order?Changes are needed  
           to existing law to expand the scope of practice for these  
           individuals for specified procedures when performed under the VDH  
           model.  HWPP 172 has shown that these individuals are capable of  
           performing the procedures as outlined in this bill."

        2. Background.  

            a)   Oral Health Statistics  .  According to an article published in  
             the Journal of the California Dental Association (JCDA, 2012),  
             "The Virtual Dental Home:  Bringing Oral Health to Vulnerable and  
             Underserved Populations," the traditional office and clinic-based  
             oral health delivery system is failing to reach a large and  
             increasing segment of the population.  The JCDA article indicates  
             that, in California, oral health disparities are more severe than  
             the national average, particularly among low-income and disabled  
             populations.  Only 25% of Medi-Cal beneficiaries reported a  
             dental visit in 2007, and among pregnant women with Medi-Cal  
             coverage, only one in seven received dental services.  Almost  
             one-quarter of children in California have never seen a dentist,  
             and approximately 40% of California's black, Latino, and Asian  
             preschoolers and approximately 65% of elementary school children  
             in these groups need dental care.  In 2011, only 22% of the total  
             number of people eligible for Medi-Cal dental services received  
             any service, a decrease of 8% from 2009.  A decrease was expected  
             for adults since most adult dental benefits were eliminated in  
             2009.  However, there was also a decrease for children.  In 2011,  
             only 27% of eligible children received any dental service  
             compared to 34% in 2009.  In California, approximately 6.3  
             million children, or two-thirds of all children in the state,  
             suffer needlessly from poor oral health by the time they reach  
             the third grade.  Approximately 7% of California children missed  
             school due to a dental problem in 2007, excluding time for  
             cleaning or routine check-up.  In 2007, there were more than  
             83,000 visits to California hospital emergency departments for  
             preventable dental conditions.

            b)   Virtual Dental Homes  .  Virtual Dental Homes (VDHs) create a  
             community-based oral health delivery system in which people  
             receive preventive and basic therapeutic services in community  
             settings where they live or receive educational, social or  
             general health services. The VDH utilizes technology to link  
             practitioners in the community with dentists at remote office  





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             sites.

             Equipped with portable imaging equipment and an Internet-based  
             dental record system, an RDA, RDAEF or RDH collects electronic  
             dental records such as X-rays, photographs, charts of dental  
             findings, dental and medical histories and uploads the  
             information to a secure website where they are reviewed by a  
             collaborating dentist.  The dentist reviews the patient's  
             information and creates a tentative dental treatment plan.  The  
             RDA, RDAEF, or RDH then carries out the aspects of the treatment  
             plan that can be conducted in the community setting. These  
             services include:

             i)     Health promotion and prevention education; 

             ii)    Dental disease risk assessment; 

             iii)   Preventive procedures such as application of fluoride  
               varnish, dental sealants and, for dental hygienists, dental  
               prophylaxis and periodontal scaling;
         
             iv)    Placing carious teeth in a holding pattern using ITRs to  
               stabilize patients until they can be seen by a dentist for  
               definitive care; and,

             v)     Tracking and supporting the individual's need for and  
               compliance with recommendations for additional and follow-up  
               dental services; 

             The RDA, RDAEF or RDH refers patients to dental offices for  
             procedures that require the skills of a dentist.  When such  
             visits occur, the patient arrives with a diagnosis and treatment  
             plan already determined, preventive practices in place and  
             preventive procedures having been performed.  Presumably, the  
             patient is more likely to receive a successful first visit with  
             the dentist as the patient's dental records and images have  
             already been reviewed.  All of this adds up to a more successful  
             dentist visit.

             In some cases, the dentist may come to the community site and use  
             portable equipment to provide restorations or other services that  
             only a dentist can provide.  In either case, the majority of  
             patient interactions and efforts to keep people healthy are  
             performed by the RDA, RDAEF, or RDH in the community setting,  
             thus creating a true community-based dental home.






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            c)   Institute of Medicine (IOM) Report on Oral Health (2011  ).  In  
             2011, the IOM published a report titled, Improving Access to Oral  
             Health Care for Vulnerable and Underserved Populations.  The  
             Health Resources and Services Administration and the California  
             HealthCare Foundation (CHCF) asked the IOM and the National  
             Research Council to assess the current oral health care system,  
             to develop a vision for how to improve oral health care for these  
             populations and to recommend ways to achieve this vision.   
             According to the IOM report, access to oral health care across  
             the life cycle is critical to overall health, and it will take  
             flexibility and ingenuity among multiple stakeholders, including  
             government leaders, oral health professionals and others, to make  
             this access available.  The IOM report indicates that to improve  
             provider participation in public programs, states should increase  
             Medicaid and Children's Health Insurance Program reimbursement  
             rates.  In addition, with proper training, non-dental health care  
             professionals can acquire the skills to perform oral disease  
             screenings and provide other preventive services.  The IOM report  
             calls on dental schools to expand opportunities for dental  
             students to care for patients with complex oral health care needs  
             in community-based settings in order to improve the students'  
             comfort levels in caring for vulnerable and underserved  
             populations.  Finally, the IOM report reports that states should  
             examine and amend state practice laws to allow healthcare  
             professionals to practice to their highest level of competence.  

            d)   HWPP No. 172  .   The HWPP at the Office of Statewide Health  
             Planning and Development (OSHPD) permits temporary legal waivers  
             of certain practice restrictions or educational requirements to  
             test expanded roles and accelerated training programs for health  
             care professionals.  In December 2010, OSHPD approved HWPP No.  
             172 which allowed RDAs and RDHs to perform an expanded scope of  
             practice.  The project has been extended twice, with the second  
             extension running from December 1, 2012 to December 1, 2013.   
             Funding for HWPP No. 172 comes from various sources including  
             California Health Care Foundation (CHCF), American Dental Hygiene  
             Association, American Dental Association, Paradise Foundation and  
             Verizon Foundation.  Evaluation of the project is also funded by  
             CHCF. The long-term objective of the project is to facilitate the  
             development of new models of care designed to improve the oral  
             health status of underserved populations. 

           HWPP No. 172 is a project at the University of Pacific School of  
             Dentistry which creates a virtual dental home and is testing a  
             concept where patients interact with RDAs and RDHs after a  
             telehealth consultation with a collaborating dentist who makes  





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             diagnostic and treatment decisions and determines the best  
             location for treatment.  There are nine sites currently operating  
             this model of care in California.  Preventive and early  
             intervention care is being provided in the community (two  
             elementary schools in Sacramento and San Diego counties, a  
             consortium of Head Start centers in San Francisco and San Diego,  
             residential facilities associated with three regional centers for  
             persons with developmental disabilities, four long-term care  
             facilities, and one community clinic).  Patients with advanced  
             disease requiring the service of a dentist are being referred to  
             dental offices and clinics.  

           A policy brief describing the model and the results of the current  
             project indicates that under HWPP No. 172, allied dental  
             personnel completed the following types of procedures:  collect  
             patient information (including medical and dental history,  
             consent forms, and caries risk assessment); chart pre-existing  
             conditions; take digital radiographs; take digital intra and  
                                                              extra-oral photographs; prophylaxis; fluoride varnish; sealants;  
             ITRs; patient, parent, and staff oral health education;  
             nutritional counseling; oral hygiene instructions; case  
             management; referrals; and, communication with collaborating  
             dentists.  As of March 31, 2013, a total of 1,494 patients have  
             been seen: Head Start centers (797); elementary schools (212);  
             long-term care facilities (176); multifunction community centers  
             (197); and, regional centers (112).  The policy brief also  
             indicates that 110 ITRs were placed during the training phase of  
             the program in addition to the 295 placed in the utilization  
             phase for a total of 405.  

            e)   ITR  .  According to the American Academy of Pediatric  
             Dentistry, an ITR may be used to restore and prevent further  
             decalcification and caries in young patients, uncooperative  
             patients, patients with special health care needs or when  
             traditional cavity preparation and/or placement of traditional  
             dental restorations are not feasible and need to be postponed.   
             Additionally, an ITR may be used for step-wise excavation in  
             children with multiple open carious lesions prior to definitive  
             restoration of the teeth.  The use of an ITR has been shown to  
             reduce the levels of cariogenic oral bacteria (e.g., mutans  
             streptococci, lactobacilli) in the oral cavity.  The ITR  
             procedure involves removal of caries using hand or slow speed  
             rotary instruments with caution not to expose the pulp.  Leakage  
             of the restoration can be minimized with maximum caries removal  
             from the periphery of the lesion.  Following preparation, the  
             tooth is restored with an adhesive restorative material such as  





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             self-setting or resin-modified glass ionomer cement.  ITR has the  
             greatest success when applied to single surface or small two  
             surface restorations.  Inadequate cavity preparation with  
             subsequent lack of retention and insufficient bulk can lead to  
             failure.  Follow-up care with topical fluorides and oral hygiene  
             instruction may improve the treatment outcome in high caries-risk  
             dental populations.

            f)   Medi-Cal  . The VDH treatment model is currently not  
             reimbursable by Medi-Cal because existing law requires  
             face-to-face contact between a health care provider and a  
             patient.  This bill would delete that provision and allow  
             practitioners to receive payment for these services.  This bill  
             also provides patient protections by ensuring contact with the  
             remote dentist upon request.   

        1. Arguments in Support.  The  Los Angeles Area Chamber of Commerce  ,  
            Delta Dental  ,  Mendocino Community Health Clinic, Inc  .,  California  
           Primary Care Association  ,  First 5 Yolo Children and Families  
           Commission,   Liberty Dental Plan of California  ,  The Children's  
           Partnership  ,  Worksite Wellness L.A.  ,  Peninsula Family Service  ,  The  
           Pew Charitable Trusts Children's Dental Campaign  and the  California  
           Coverage & Health Initiatives  support the bill and write, "AB 1174  
           would increase access to dental care for underserved children and  
           adults who currently go without needed care by enacting policies  
           that would sustain the Virtual Dental Home.  The VDH is a proven  
           and cost-effective system for providing dental care to California's  
           most vulnerable children and adults?The VDH is currently being  
           implemented on a pilot basis and is grant-funded.  Therefore, it is  
           not replicable or sustainable as is.  AB 1174 would ensure the VDH  
           could become a sustainable model and be implemented in sites  
           throughout California."

           The  California Society of Pediatric Dentistry  supports the bill and  
           writes, "There is little question that segments of California's  
           population, for reasons of geography, economics, mobility and  
           disability face significant barriers accessing essential oral  
           health services in traditional delivery settings.  CSPD views the  
           expanded functions authorized in AB 1174, and the ability to  
           perform these services as a Medi-Cal Dental Program benefit through  
           store-and-forward technology, not only as a way to reach many in  
           this population with diagnostic and interim stabilizing procedures,  
           but more importantly, as a bridge to entering into the full-scope  
           of treatment services available under out existing dental delivery  
           system."
        2. Support if Amended.  The  Dental Board of California  supports the  





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           bill if amended.  In their letter, they share the following  
           concerns:

                 The formulation of the additional allowable duties for  
              registered dental assistants in extended functions (RDAEF)  
              should be authorized in the form of a permit once requirements  
              are successfully completed.  This would be in contrast to the  
              current language, which would in essence add allowable duties  
              for those RDAEFs who met the necessary requirements.  The Board  
              is concerned that it may be difficult for consumers and dental  
              healthcare professionals to discern between the varied allowable  
              duties that RDAEFs are allowed to perform.   If the language was  
              to be amended in a format consistent with the issuance of a  
              permit to RDAEFs to perform these additional duties, it would  
              provide for better transparency between the Board and consumers  
              who wish to verify licensure status and the allowable duties of  
              the RDAEFs who provide them with dental healthcare services  ;  
              accordingly, the Board would be provided with the tools  
              necessary to better protect the public.

                 The Board recommends that the following statement be removed  
              from the proposed amendments to Business and Professions Code  
              Section 1753.55(c) for the purpose of clarity: "The committee  
              shall review proposed regulations, and any subsequent proposed  
              amendments to the promulgated regulations, and shall submit any  
              recommended changes to the Board for review to establish a  
              consensus."  While this provision would be applicable to the  
              proposed addition of Code Sections 1910.5 and 1926.05, as it  
              relates to the Board working with the Dental Hygiene Committee  
              of California (DHCC) on the formulation of the educational  
              requirements for RDHs and RDHAPs, it is not necessary for the  
              Board to consult with and establish a consensus with the DHCC on  
              scope of practice issues or regulatory proposals relating to  
              RDAEFs.  This is because the Board provides direct oversight of  
              the licensure and regulation of RDAEFs and the DHCC has no  
              oversight authority for this licensure category.  

        1. Oppose Unless Amended.  The  Dental Hygiene Committee of California   
           opposes the bill unless amended.  In their letter they raise  
           several concerns and propose amendments:

                 1910.5 should reflect only ITRs and not the determination of  
              radiographs or settings for the RDH.  BPC § 1913 establishes the  
              settings for RDHs.

                 1926.5 should reflect only ITRs and not the determination of  





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              radiographs or settings for the RDHAP. BPC § 1926 establishes  
              the settings for the RDHAP.

               We are concerned that RDHAPs are being placed under general  
             supervision.  When the legislature established the RDHAP  
             licensed, it was their intent for this professional to be an  
             independent practitioner, but have an existing relationship with  
             a dentist.

               We believe that the determination of radiographs is more  
             appropriately located in BPC § 1910 by adding letter (e).  Adding  
             "including but not limited to" is necessary in order to clarify  
             what we already believe to be true; that a RDH and RDHAP is  
             educated and trained to determine which radiographic projection  
             should be taken on patients: 


                o         "Determine which radiographs to perform on a patient  
                  including, but not limited to a patient who has not received  
                  an initial examination by a dentist for the purpose of  
                  making a diagnosis and treatment plan."

               We oppose the additional training for RDHs and RDHAPs to  
             determine which radiograph to perform, as this is already a part  
             of all RDH education and training. 

               The bill mandates that the DBC promulgate regulations with  
             only a cursory review by the DHCC to establish a consensus.   
             However, the DHCC has the authority to promulgate its own  
             regulations as provided by BPC § 1906. 

        1. Arguments in Opposition.  The  California Dental Hygienists'  
           Association  opposes the bill for myriad reasons including:

                 This bill will increase access to care in the 17 virtual  
              dental homes, but restrict the provision of care currently being  
              provided by RDHs in public health programs as well as those  
              being provided by the over 600 licensed RDHAPs.

                 Changing section 1684.5(1) will allow unlicensed dental  
              assistants and registered dental assistants to determine which  
              radiographs to take.  Neither of these categories of dental  
              auxiliaries is currently allowed to perform this function.   
              Moreover, those who fall into these categories will not be  
              required to take the coursework required to perform this  
              function.





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                 Changing Section 1684.5(4)(c) is problematic in that it can  
              be interpreted to require RDHs and RDHAPs to have a supervising  
              dentist who will ensure that the patient or patient's  
              representative is notified in writing of the supervising  
              dentist's name, but RDHs in public health settings work  
              unsupervised and RDHAPs provide dental hygiene care  
              independently with no supervising dentist.

                 The addition of Section 1910.5(a)(1)(B) and 1926.5(a)(1)(B)  
              will require RDHs and RDHAPs to work under the general  
              supervision of a dentist.  Currently, both of these categories  
              of licensed professionals work unsupervised.

                 CDHA firmly believes that requiring a dentist's order to  
              place an Interim Therapeutic Restoration is an unnecessary  
              barrier which decreases patient's access to care. 

        1. Policy Issues for Consideration.  The CDHA raises several concerns  
           in their letter.  One such concern is the use of the term  
           "auxiliary."  Auxiliaries can be interpreted to include various  
           allied health professionals that assist dentists including  
           unlicensed dental assistants.  It appears that the intent of this  
           legislation is only for RDHs, RDAEFs and RDHAPs to be permitted to  
           place ITRs and determine and perform radiographs.  As such, the  
           Author may consider removing the term "auxiliary" and instead  
           specifying the groups the bill is intended to apply to.  

           In order to clarify that a dentist will only supervise RDAEFs,  
           RDHAPs and RDHs for specified procedures, the Author may wish to  
           amend the language of the bill to clarify that the dentist will  
           supervise RDAEFs, RDHAPs and RDHs specifically for the procedures  
           listed in BPC §§ 1753.55, 1910.5 and 1926.05 within virtual dental  
           homes. 

        
         NOTE  :  Double-referral to Rules Committee.
        

        SUPPORT AND OPPOSITION:
        
         Support:  
        California Coverage & Health Initiatives
        California Dental Association
        California Primary Care Association
        California Society of Pediatric Dentistry





                                                                        AB 1174
                                                                         Page 15



        California Telehealth Network
        Connecting to Care
        Delta Dental
        First 5 Yolo Children and Families Commission
        First 5 Los Angeles
        Liberty Dental Plan of California
        Los Angeles Area Chamber of Commerce
        Maternal and Child Health Access
        Mendocino Community Health Clinic, Inc.
        Peninsula Family Service
        Roseland Pediatrics
        Shasta Community Health Center
        The Children's Partnership
        The  L.A. Trust
        The Pew Charitable Trusts Children's Dental Campaign
        Worksite Wellness L.A.
        4 individuals
         
         Support if Amended:
         Dental Board of California
         
        Oppose Unless Amended:
         Dental Hygiene Committee of California
         
        Opposition:  
        California Dental Hygienists' Association


        Consultant:Le Ondra Clark, Ph. D.