Amended in Senate June 24, 2015

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 BillNo. 178


Introduced by Assembly Member Bonilla

begin delete

(Coauthor: Senator Hill)

end delete
begin insert

(Principal coauthor: Senator Hill)

end insert

January 26, 2015


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

LEGISLATIVE COUNSEL’S DIGEST

AB 178, as amended, Bonilla. Board of Vocational Nursing and Psychiatric Technicians of the State ofbegin delete California.end deletebegin insert California: executive officer: enforcement program monitor.end 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.

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.

(2) 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.begin insert Existing law repeals that requirement on January 1, 2016.end insert Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.

Thisbegin insert bill would extend the repeal date requiring the board to appoint an executive officer to January 1, 2018. Theend insert bill would remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.

(3) 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 program 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 program 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.

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

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P3    1

SECTION 1.  

Section 1752.1 of the Business and Professions
2Code
is amended to read:

3

1752.1.  

(a) The board may license as a registered dental
4assistant a person who files an application and submits written
5evidence, satisfactory to the board, of one of the following
6eligibility requirements:

7(1) Graduation from an educational program in registered dental
8assisting approved by the board, and satisfactory performance on
9a written examination administered by the board.

10(2) For individuals applying prior to January 1, 2010, evidence
11of completion of satisfactory work experience of at least 12 months
12as a dental assistant in California or another state and satisfactory
13performance on a written examination administered by the board.

14(3) For individuals applying on or after January 1, 2010,
15evidence of completion of satisfactory work experience of at least
1615 months as a dental assistant in California or another state and
17satisfactory performance on a written examination administered
18by the board.

19(b) For purposes of this section, “satisfactory work experience”
20means performance of the duties specified in Section 1750.1 in a
21competent manner as determined by the employing dentist, who
22shall certify to such satisfactory work experience in the application.

23(c) The board shall give credit toward the work experience
24referred to in this section to persons who have graduated from a
25dental assisting program in a postsecondary institution approved
26by the Department of Education or in a secondary institution,
P4    1regional occupational center, or regional occupational program,
2that are not, however, approved by the board pursuant to
3subdivision (a). The credit shall equal the total weeks spent in
4classroom training and internship on a week-for-week basis. The
5board, in cooperation with the Superintendent of Public Instruction,
6shall establish the minimum criteria for the curriculum of
7nonboard-approved programs. Additionally, the board shall notify
8those programs only if the program’s curriculum does not meet
9established minimum criteria, as established for board-approved
10registered dental assistant programs, except any requirement that
11the program be given in a postsecondary institution. Graduates of
12programs not meeting established minimum criteria shall not
13qualify for satisfactory work experience as defined by this section.

14(d) In addition to the requirements specified in subdivision (a),
15each applicant for registered dental assistant licensure on or after
16July 1, 2002, shall provide evidence of having successfully
17completed board-approved courses in radiation safety and coronal
18polishing as a condition of licensure. The length and content of
19the courses shall be governed by applicable board regulations.

20(e) In addition to the requirements specified in subdivisions (a)
21and (d), individuals applying for registered dental assistant
22licensure on or after January 1, 2010, shall demonstrate satisfactory
23performance on a written examination in law and ethics
24administered by the board and shall provide written evidence of
25successful completion within five years prior to application of all
26of the following:

27(1) A board-approved course in the Dental Practice Act.

28(2) A board-approved course in infection control.

29(3) A course in basic life support offered by an instructor
30approved by the American Red Cross or the American Heart
31Association, or any other course approved by the board as
32equivalent.

33(f) A registered dental assistant may apply for an orthodontic
34assistant permit or a dental sedation assistant permit, or both, by
35submitting written evidence of the following:

36(1) Successful completion of a board-approved orthodontic
37assistant or dental sedation assistant course, as applicable.

38(2) Passage of a written examination administered by the board
39that shall encompass the knowledge, skills, and abilities necessary
40to competently perform the duties of the particular permit.

P5    1(g) A registered dental assistant with permits in either
2orthodontic assisting or dental sedation assisting shall be referred
3to as an “RDA with orthodontic assistant permit,” or “RDA with
4dental sedation assistant permit,” as applicable. These terms shall
5be used for reference purposes only and do not create additional
6categories of licensure.

7(h) Completion of the continuing education requirements
8established by the board pursuant to Section 1645 by a registered
9dental assistant who also holds a permit as an orthodontic assistant
10or dental sedation assistant shall fulfill the continuing education
11requirements for the permit or permits.

12(i) The board shall, in consultation with the Office of
13Professional Examination Services, conduct a review to determine
14whether a practical examination is necessary to demonstrate
15competency of registered dental assistants, and if so, how this
16examination should be developed and administered. The board
17shall submit its review and determination to the appropriate policy
18committees of the Legislature on or before July 1, 2017.

19(j) This section shall remain in effect only until July 1, 2017,
20and as of that date is repealed, unless a later enacted statute, that
21is enacted before July 1, 2017, deletes or extends that date.

22

SEC. 2.  

Section 1752.1 is added to the Business and Professions
23Code
, to read:

24

1752.1.  

(a) The board may license as a registered dental
25assistant a person who files an application and submits written
26evidence, satisfactory to the board, of one of the following
27eligibility requirements:

28(1) Graduation from an educational program in registered dental
29assisting approved by the board, and satisfactory performance on
30a written and practical examination administered by the board.

31(2) For individuals applying prior to January 1, 2010, evidence
32of completion of satisfactory work experience of at least 12 months
33as a dental assistant in California or another state and satisfactory
34performance on a written and practical examination administered
35by the board.

36(3) For individuals applying on or after January 1, 2010,
37evidence of completion of satisfactory work experience of at least
3815 months as a dental assistant in California or another state and
39satisfactory performance on a written and practical examination
40administered by the board.

P6    1(b) For purposes of this section, “satisfactory work experience”
2means performance of the duties specified in Section 1750.1 in a
3competent manner as determined by the employing dentist, who
4shall certify to such satisfactory work experience in the application.

5(c) The board shall give credit toward the work experience
6referred to in this section to persons who have graduated from a
7dental assisting program in a postsecondary institution approved
8by the State Department of Education or in a secondary institution,
9regional occupational center, or regional occupational program,
10that are not, however, approved by the board pursuant to
11subdivision (a). The credit shall equal the total weeks spent in
12classroom training and internship on a week-for-week basis. The
13board, in cooperation with the Superintendent of Public Instruction,
14shall establish the minimum criteria for the curriculum of
15nonboard-approved programs. Additionally, the board shall notify
16those programs only if the program’s curriculum does not meet
17established minimum criteria, as established for board-approved
18registered dental assistant programs, except any requirement that
19the program be given in a postsecondary institution. Graduates of
20programs not meeting established minimum criteria shall not
21qualify for satisfactory work experience as defined by this section.

22(d) In addition to the requirements specified in subdivision (a),
23each applicant for registered dental assistant licensure on or after
24July 1, 2002, shall provide evidence of having successfully
25completed board-approved courses in radiation safety and coronal
26polishing as a condition of licensure. The length and content of
27the courses shall be governed by applicable board regulations.

28(e) In addition to the requirements specified in subdivisions (a)
29and (d), individuals applying for registered dental assistant
30licensure on or after January 1, 2010, shall demonstrate satisfactory
31performance on a written examination in law and ethics
32administered by the board and shall provide written evidence of
33successful completion within five years prior to application of all
34of the following:

35(1) A board-approved course in the Dental Practice Act.

36(2) A board-approved course in infection control.

37(3) A course in basic life support offered by an instructor
38approved by the American Red Cross or the American Heart
39Association, or any other course approved by the board as
40equivalent.

P7    1(f) A registered dental assistant may apply for an orthodontic
2assistant permit or a dental sedation assistant permit, or both, by
3submitting written evidence of the following:

4(1) Successful completion of a board-approved orthodontic
5assistant or dental sedation assistant course, as applicable.

6(2) Passage of a written examination administered by the board
7that shall encompass the knowledge, skills, and abilities necessary
8to competently perform the duties of the particular permit.

9(g) A registered dental assistant with permits in either
10orthodontic assisting or dental sedation assisting shall be referred
11to as an “RDA with orthodontic assistant permit,” or “RDA with
12dental sedation assistant permit,” as applicable. These terms shall
13be used for reference purposes only and do not create additional
14categories of licensure.

15(h) Completion of the continuing education requirements
16established by the board pursuant to Section 1645 by a registered
17dental assistant who also holds a permit as an orthodontic assistant
18or dental sedation assistant shall fulfill the continuing education
19requirements for the permit or permits.

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

21

SEC. 3.  

Section 1752.3 of the Business and Professions Code
22 is repealed.

23

SEC. 4.  

Section 1752.3 is added to the Business and Professions
24Code
, to read:

25

1752.3.  

(a) On and after January 1, 2010, the written
26examination for registered dental assistant licensure required by
27Section 1752.1 shall comply with Section 139.

28(b) On and after January 1, 2010, the practical examination for
29registered dental assistant licensure required by Section 1752.1
30shall consist of three of the procedures described in paragraphs
31(1) to (4), inclusive. The specific procedures shall be assigned by
32the board, after considering recommendations of its Dental
33Assisting Council, and shall be graded by examiners appointed by
34the board. The procedures shall be performed on a fully articulated
35maxillary and mandibular typodont secured with a bench clamp.
36 Each applicant shall furnish the required materials necessary to
37complete the examination.

38(1) Place a base or liner.

39(2) Place, adjust, and finish a direct provisional restoration.

40(3) Fabricate and adjust an indirect provisional restoration.

P8    1(4) Cement an indirect provisional restoration.

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

3

SEC. 5.  

Section 2847 of the Business and Professions Code is
4amended to read:

5

2847.  

(a) The board shall select an executive officer who shall
6perform duties as are delegated by the board and who shall be
7responsible to it for the accomplishment of those duties. The
8executive officer shall not be a member of the board.

9(b) With the approval of the Director of Finance, the board shall
10fix the salary of the executive officer.

11(c) The executive officer shall be entitled to traveling and other
12necessary expenses in the performance of his or her duties. He or
13she shall make a statement, certified before a duly authorized
14person, that the expenses have been actually incurred.

15(d) This section shall remain in effect only until January 1,begin delete 2016,end delete
16begin insert 2018,end insert and as of that date is repealed.

17

SEC. 6.  

Section 2847.5 is added to the Business and Professions
18Code
, to read:

19

2847.5.  

(a) (1)   The director shall appoint an enforcement
20program monitor no later than October 1, 2015. The director may
21retain a person for this position by a personal services contract. In
22this connection, the Legislature finds, pursuant to Section 19130
23of the Government Code, that this is a new state function.

24(2) The director shall supervise the enforcement program
25monitor and may terminate or dismiss him or her from this position.

26(b) (1) The enforcement program monitor shall monitor and
27evaluate the board’s vocational nursing and psychiatric technician
28disciplinary system and procedures, with specific concentration
29on improving the overall efficiency and consistency of the
30enforcement program. The director shall specify further duties of
31the monitor.

32(2) The monitoring duty shall be on a continuing basis for a
33period of no more than two years from the date of the enforcement
34program monitor’s appointment and shall include, but not be
35limited to, all of the following areas: improving the quality and
36consistency of complaint processing and investigation, assuring
37consistency in the application of sanctions or discipline imposed
38on licensees, the accurate and consistent implementation of the
39laws and rules affecting discipline, including adhering to CPEI
40complaint priority guidelines as described in the memorandum
P9    1dated August 31, 2009, by Brian J.begin delete Stingerend deletebegin insert Stigerend insert titled “Complaint
2Prioritization Guidelines for Health Care Agencies,” staff concerns
3regarding disciplinary matters or procedures, appropriate utilization
4of licensed professionals to investigate complaints, the board’s
5cooperation with other governmental entities charged with
6enforcing related laws and regulations regarding vocational nurses
7and psychiatric technicians.

8(3) The enforcement program monitor shall exercise no authority
9over the board’s management or staff; however, the board and its
10staff shall cooperate with him or her, and shall provide data,
11information, and files as requested by the monitor to perform all
12of his or her duties.

13(4) The director shall assist the enforcement program monitor
14in the performance of his or her duties, and the monitor shall have
15the same investigative authority as the director.

16(c) (1) The enforcement program monitor shall submit to the
17department, the board, and the Legislature an initial written report
18of his or her findings and conclusions no later than April 1, 2016,
19and subsequent written reports no later than October 1, 2016, and
20February 1, 2017, and shall be available to make oral reports to
21each if requested to do so. The monitor may also provide additional
22information to either the department or the Legislature at his or
23her discretion or at the request of either the department or the
24Legislature. The monitor shall make his or her reports available
25to the public or the media. The monitor shall make every effort to
26provide the board with an opportunity to reply to any facts, finding,
27issues, or conclusions in his or her reports with which the board
28may disagree.

29(2) The enforcement program monitor shall issue a final report
30before August 1, 2017. The final report shall include final findings
31and conclusions on the topics addressed in the initial report
32submitted by the monitor pursuant to paragraph (1).

33(d) The board shall pay for all of the costs associated with the
34employment of the enforcement program monitor.

35(e) This section shall become inoperative on October 1, 2017,
36and as of January 1, 2018, is repealed.

37

SEC. 7.  

Section 2858.5 is added to the Business and Professions
38Code
, to read:

39

2858.5.  

(a) The department’s internal audit unit shall review
40the board’s staffing resources needs and requirements, and the
P10   1director shall provide to the Legislature a copy of the review, no
2later than October 1, 2016. The director shall include with this
3report an overview of how the director intends to ensure that the
4board’s staff are sufficiently qualified for purposes of implementing
5the provisions of this chapter and Chapter 10 (commencing with
6Section 4500), and the estimated costs of meeting staffing and
7other requirements to implement this chapter and Chapter 10
8(commencing with Section 4500) based on findings of the review.
9The director shall include a brief evaluation of whether the current
10fee structure is appropriate to satisfy those staffing and other
11requirements.

12(b) This section shall remain in effect only until January 1, 2018,
13and as of that date is repealed.

14

SEC. 8.  

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution because
16the only costs that may be incurred by a local agency or school
17district will be incurred because this act creates a new crime or
18infraction, eliminates a crime or infraction, or changes the penalty
19for a crime or infraction, within the meaning of Section 17556 of
20the Government Code, or changes the definition of a crime within
21the meaning of Section 6 of Article XIII B of the California
22Constitution.

23

SEC. 9.  

This act is an urgency statute necessary for the
24immediate preservation of the public peace, health, or safety within
25the meaning of Article IV of the Constitution and shall go into
26immediate effect. The facts constituting the necessity are:

27In order for the Board of Vocational Nursing and Psychiatric
28Technicians of the State of California to meet urgent administrative
29needs, it is necessary that this act take effect immediately.



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