Amended in Assembly May 4, 2015

Amended in Assembly April 22, 2015

Amended in Assembly March 3, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 178

Introduced by Assembly Member Bonilla

(Coauthor: Senator Hill)

January 26, 2015

An act to amend Section 2847 of, begin delete and end delete begin insert to amend, repeal, and add Section 1752.1 of, end insert to add and repeal Sections 2847.5 and 2858.5 of, begin insert and to repeal and add Section 1752.3 of, end insert the Business and Professions Code, relating to healing begin delete arts. end delete begin insert arts, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 178, as amended, Bonilla. Board of Vocational Nursing and Psychiatric Technicians of the State of California.

begin insert

(1) The Dental Practice Act authorizes the Dental Board of California to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.

end insert begin insert

This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Existing law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the board, among other things, to appoint an executive officer. Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.

This bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.

begin delete

(2)

end delete

begin insert (3) end insert  Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Education’s staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.

This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the begin insert program end insert monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the begin insert program end insert monitor. The bill would also require the department’s internal audit unit to review the board’s staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1752.1 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

1752.1.  

(a) The board may license as a registered dental
assistant a person who files an application and submits written
evidence, satisfactory to the board, of one of the following
eligibility requirements:

(1) Graduation from an educational program in registered dental
assisting approved by the board, and satisfactory performance on
a written begin delete and practical end delete examination administered by the board.

(2) For individuals applying prior to January 1, 2010, evidence
of completion of satisfactory work experience of at least 12 months
as a dental assistant in California or another state and satisfactory
performance on a written begin delete and practical end delete examination administered
by the board.

(3) For individuals applying on or after January 1, 2010,
evidence of completion of satisfactory work experience of at least
15 months as a dental assistant in California or another state and
satisfactory performance on a written begin delete and practical end delete examination
administered by the board.

(b) For purposes of this section, “satisfactory work experience”
means performance of the duties specified in Section 1750.1 in a
competent manner as determined by the employing dentist, who
shall certify to such satisfactory work experience in the application.

(c) The board shall give credit toward the work experience
referred to in this section to persons who have graduated from a
dental assisting program in a postsecondary institution approved
by the Department of Education or in a secondary institution,
regional occupational center, or regional occupational program,
that are not, however, approved by the board pursuant to
subdivision (a). The credit shall equal the total weeks spent in
classroom training and internship on a week-for-week basis. The
board, in cooperation with the Superintendent of Public Instruction,
shall establish the minimum criteria for the curriculum of
nonboard-approved programs. Additionally, the board shall notify
those programs only if the program’s curriculum does not meet
established minimum criteria, as established for board-approved
registered dental assistant programs, except any requirement that
the program be given in a postsecondary institution. Graduates of
programs not meeting established minimum criteria shall not
qualify for satisfactory work experience as defined by this section.

(d) In addition to the requirements specified in subdivision (a),
each applicant for registered dental assistant licensure on or after
July 1, 2002, shall provide evidence of having successfully
completed board-approved courses in radiation safety and coronal
polishing as a condition of licensure. The length and content of
the courses shall be governed by applicable board regulations.

(e) In addition to the requirements specified in subdivisions (a)
and (d), individuals applying for registered dental assistant
licensure on or after January 1, 2010, shall demonstrate satisfactory
performance on a written examination in law and ethics
administered by the board and shall provide written evidence of
successful completion within five years prior to application of all
of the following:

(1) A board-approved course in the Dental Practice Act.

(2) A board-approved course in infection control.

(3) A course in basic life support offered by an instructor
approved by the American Red Cross or the American Heart
Association, or any other course approved by the board as
equivalent.

(f) A registered dental assistant may apply for an orthodontic
assistant permit or a dental sedation assistant permit, or both, by
submitting written evidence of the following:

(1) Successful completion of a board-approved orthodontic
assistant or dental sedation assistant course, as applicable.

(2) Passage of a written examination administered by the board
that shall encompass the knowledge, skills, and abilities necessary
to competently perform the duties of the particular permit.

(g) A registered dental assistant with permits in either
orthodontic assisting or dental sedation assisting shall be referred
to as an “RDA with orthodontic assistant permit,” or “RDA with
dental sedation assistant permit,” as applicable. These terms shall
be used for reference purposes only and do not create additional
categories of licensure.

(h) Completion of the continuing education requirements
established by the board pursuant to Section 1645 by a registered
dental assistant who also holds a permit as an orthodontic assistant
or dental sedation assistant shall fulfill the continuing education
requirements for the permit or permits.

begin insert

(i) The board shall, in consultation with the Office of
Professional Examination Services, conduct a review to determine
whether a practical examination is necessary to demonstrate
competency of registered dental assistants, and if so, how this
examination should be developed and administered. The board
shall submit its review and determination to the appropriate policy
committees of the Legislature on or before July 1, 2017.

end insert begin insert

(j) This section shall remain in effect only until July 1, 2017,
and as of that date is repealed, unless a later enacted statute, that
is enacted before July 1, 2017, deletes or extends that date.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1752.1 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 1752.1. end insert   

(a) The board may license as a registered dental
assistant a person who files an application and submits written
evidence, satisfactory to the board, of one of the following
eligibility requirements:

(1) Graduation from an educational program in registered
dental assisting approved by the board, and satisfactory
performance on a written and practical examination administered
by the board.

(2) For individuals applying prior to January 1, 2010, evidence
of completion of satisfactory work experience of at least 12 months
as a dental assistant in California or another state and satisfactory
performance on a written and practical examination administered
by the board.

(3) For individuals applying on or after January 1, 2010,
evidence of completion of satisfactory work experience of at least
15 months as a dental assistant in California or another state and
satisfactory performance on a written and practical examination
administered by the board.

(b) For purposes of this section, “satisfactory work experience”
means performance of the duties specified in Section 1750.1 in a
competent manner as determined by the employing dentist, who
shall certify to such satisfactory work experience in the application.

(c) The board shall give credit toward the work experience
referred to in this section to persons who have graduated from a
dental assisting program in a postsecondary institution approved
by the State Department of Education or in a secondary institution,
regional occupational center, or regional occupational program,
that are not, however, approved by the board pursuant to
subdivision (a). The credit shall equal the total weeks spent in
classroom training and internship on a week-for-week basis. The
board, in cooperation with the Superintendent of Public Instruction,
shall establish the minimum criteria for the curriculum of
nonboard-approved programs. Additionally, the board shall notify
those programs only if the program’s curriculum does not meet
established minimum criteria, as established for board-approved
registered dental assistant programs, except any requirement that
the program be given in a postsecondary institution. Graduates
of programs not meeting established minimum criteria shall not
qualify for satisfactory work experience as defined by this section.

(d) In addition to the requirements specified in subdivision (a),
each applicant for registered dental assistant licensure on or after
July 1, 2002, shall provide evidence of having successfully
completed board-approved courses in radiation safety and coronal
polishing as a condition of licensure. The length and content of
the courses shall be governed by applicable board regulations.

(e) In addition to the requirements specified in subdivisions (a)
and (d), individuals applying for registered dental assistant
licensure on or after January 1, 2010, shall demonstrate
satisfactory performance on a written examination in law and
ethics administered by the board and shall provide written evidence
of successful completion within five years prior to application of
all of the following:

(1) A board-approved course in the Dental Practice Act.

(2) A board-approved course in infection control.

(3) A course in basic life support offered by an instructor
approved by the American Red Cross or the American Heart
Association, or any other course approved by the board as
equivalent.

(f) A registered dental assistant may apply for an orthodontic
assistant permit or a dental sedation assistant permit, or both, by
submitting written evidence of the following:

(1) Successful completion of a board-approved orthodontic
assistant or dental sedation assistant course, as applicable.

(2) Passage of a written examination administered by the board
that shall encompass the knowledge, skills, and abilities necessary
to competently perform the duties of the particular permit.

(g) A registered dental assistant with permits in either
orthodontic assisting or dental sedation assisting shall be referred
to as an “RDA with orthodontic assistant permit,” or “RDA with
dental sedation assistant permit,” as applicable. These terms shall
be used for reference purposes only and do not create additional
categories of licensure.

(h) Completion of the continuing education requirements
established by the board pursuant to Section 1645 by a registered
dental assistant who also holds a permit as an orthodontic assistant
or dental sedation assistant shall fulfill the continuing education
requirements for the permit or permits.

(i) This section shall become operative on July 1, 2017.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1752.3 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

1752.3.  

(a) On and after January 1, 2010, the written
examination for registered dental assistant licensure required by
Section 1752.1 shall comply with Section 139.

(b) On and after January 1, 2010, the practical examination for
registered dental assistant licensure required by Section 1752.1
shall consist of three of the procedures described in paragraphs
(1) to (4), inclusive. The specific procedures shall be assigned by
the board, after considering recommendations of its Dental
Assisting Council, and shall be graded by examiners appointed by
the board. The procedures shall be performed on a fully articulated
maxillary and mandibular typodont secured with a bench clamp.
Each applicant shall furnish the required materials necessary to
complete the examination.

(1) Place a base or liner.

(2) Place, adjust, and finish a direct provisional restoration.

(3) Fabricate and adjust an indirect provisional restoration.

(4) Cement an indirect provisional restoration.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1752.3 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 1752.3. end insert   

(a) On and after January 1, 2010, the written
examination for registered dental assistant licensure required by
Section 1752.1 shall comply with Section 139.

(b) On and after January 1, 2010, the practical examination for
registered dental assistant licensure required by Section 1752.1
shall consist of three of the procedures described in paragraphs
(1) to (4), inclusive. The specific procedures shall be assigned by
the board, after considering recommendations of its Dental
Assisting Council, and shall be graded by examiners appointed
by the board. The procedures shall be performed on a fully
articulated maxillary and mandibular typodont secured with a
bench clamp. Each applicant shall furnish the required materials
necessary to complete the examination.

(1) Place a base or liner.

(2) Place, adjust, and finish a direct provisional restoration.

(3) Fabricate and adjust an indirect provisional restoration.

(4) Cement an indirect provisional restoration.

(c) This section shall become operative on July 1, 2017.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 5. end insert   

Section 2847 of the Business and Professions Code is
amended to read:

2847.  

(a) The board shall select an executive officer who shall
perform duties as are delegated by the board and who shall be
responsible to it for the accomplishment of those duties. The
executive officer shall not be a member of the board.

(b) With the approval of the Director of Finance, the board shall
fix the salary of the executive officer.

(c) The executive officer shall be entitled to traveling and other
necessary expenses in the performance of his or her duties. He or
she shall make a statement, certified before a duly authorized
person, that the expenses have been actually incurred.

(d) This section shall remain in effect only until January 1, 2016,
and as of that date is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 6. end insert   

Section 2847.5 is added to the Business and Professions
Code, to read:

2847.5.  

(a) (1)   The director shall appoint an enforcement
program monitor no later than October 1, 2015. The director may
retain a person for this position by a personal services contract. In
this connection, the Legislature finds, pursuant to Section 19130
of the Government Code, that this is a new state function.

(2) The director shall supervise the enforcement program
monitor and may terminate or dismiss him or her from this position.

(b) (1) The enforcement program monitor shall monitor and
evaluate the board’s vocational nursing and psychiatric technician
disciplinary system and procedures, with specific concentration
on improving the overall efficiency and consistency of the
enforcement program. The director shall specify further duties of
the monitor.

(2) The monitoring duty shall be on a continuing basis for a
period of no more than two years from the date of the enforcement
program monitor’s appointment and shall include, but not be
limited to, all of the following areas: improving the quality and
consistency of complaint processing and investigation, assuring
consistency in the application of sanctions or discipline imposed
on licensees, the accurate and consistent implementation of the
laws and rules affecting discipline, including adhering to CPEI
complaint priority guidelines as described in the memorandum
dated August 31, 2009, by Brian J. Stinger titled “Complaint
Prioritization Guidelines for Health Care Agencies,” staff concerns
regarding disciplinary matters or procedures, appropriate utilization
of licensed professionals to investigate complaints, the board’s
cooperation with other governmental entities charged with
enforcing related laws and regulations regarding vocational nurses
and psychiatric technicians.

(3) The enforcement program monitor shall exercise no authority
over the board’s management or staff; however, the board and its
staff shall cooperate with him or her, and shall provide data,
information, and files as requested by the monitor to perform all
of his or her duties.

(4) The director shall assist the enforcement program monitor
in the performance of his or her duties, and the monitor shall have
the same investigative authority as the director.

(c) (1) The enforcement program monitor shall submit to the
department, the board, and the Legislature an initial written report
of his or her findings and conclusions no later than April 1, 2016,
and subsequent written reports no later than October 1, 2016, and
February 1, 2017, and shall be available to make oral reports to
each if requested to do so. The monitor may also provide additional
information to either the department or the Legislature at his or
her discretion or at the request of either the department or the
Legislature. The monitor shall make his or her reports available
to the public or the media. The monitor shall make every effort to
provide the board with an opportunity to reply to any facts, finding,
issues, or conclusions in his or her reports with which the board
may disagree.

(2) The enforcement program monitor shall issue a final report
before August 1, 2017. The final report shall include final findings
and conclusions on the topics addressed in the initial report
submitted by the monitor pursuant to paragraph (1).

(d) The board shall pay for all of the costs associated with the
employment of the enforcement program monitor.

(e) This section shall become inoperative on October 1, 2017,
and as of January 1, 2018, is repealed.

begin delete SEC. 3. end delete
begin insert SEC. 7. end insert   

Section 2858.5 is added to the Business and Professions
Code, to read:

2858.5.  

(a) The department’s internal audit unit shall review
the board’s staffing resources needs and requirements, and the
director shall provide to the Legislature a copy of the review, no
later than October 1, 2016. The director shall include with this
report an overview of how the director intends to ensure that the
board’s staff are sufficiently qualified for purposes of implementing
the provisions of this chapter and Chapter 10 (commencing with
Section 4500), and the estimated costs of meeting staffing and
other requirements to implement this chapter and Chapter 10
(commencing with Section 4500) based on findings of the review.
The director shall include a brief evaluation of whether the current
fee structure is appropriate to satisfy those staffing and other
requirements.

(b) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed.

begin delete SEC. 4. end delete
begin insert SEC. 8. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

begin insert

begin insert SEC. 9. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

end insert begin insert

In order for the Board of Vocational Nursing and Psychiatric
Technicians of the State of California to meet urgent administrative
needs, it is necessary that this act take effect immediately.

end insert