Amended in Assembly May 5, 2015

Amended in Assembly April 27, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 179

Introduced by Assembly Member Bonilla

(Coauthor: Senator Hill)

January 26, 2015

An act to amend Sections 205, 726, 1601.1, 1616.5, 1632, 1638, 1638.1, 1638.3, 1646.6, 1647.8, 1724, 1725, begin delete 1752.1, end delete 2841, 2847, 2894, 4501, 4503, and 4547 of, begin delete to repeal Section 1752.3, of end delete and to add Section 1650.1 to, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL’S DIGEST

AB 179, as amended, Bonilla. Healing arts.

(1) Under Existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.

This bill would expand the exception by providing that it would not be unprofessional conduct when sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.

(2) Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and upon repeal of those provisions the board will be subject to review by the appropriate policy committees of the Legislature. The act proscribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license. begin delete The act also authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination. end delete

This bill would extend the provisions relating to the Dental Board until January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater begin delete then $1,200 end delete begin insert than $650 end insert and would require the fee for the renewal of that license to be no greater than begin delete $1,200. end delete begin insert $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. end insert The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicant’s or licensee’s electronic mail address. begin delete The bill would require the board, in consultation with the Office of Professional Examination Services, to determine by January 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and, if the board determines that a practical examination is necessary, to submit that determination to the appropriate policy committees of the Legislature and to administer the examination, as specified. end delete

(3) Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law repeals these provisions on January 1, 2016.

This bill would extend the repeal date of the provisions relating to the board to January 1, 2018.

(4) Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technicians Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the board’s licensure and regulation of psychiatric technicians, and prohibits the board from charging expenses for these activities from any other source.

This bill would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technicians Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.

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

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

SECTION 1.  

Section 205 of the Business and Professions Code
is amended to read:

205.  

(a) There is in the State Treasury the Professions and
Vocations Fund. The fund shall consist of the following special
funds:

(1) Accountancy Fund.

(2) California Architects Board Fund.

(3) Athletic Commission Fund.

(4) Barbering and Cosmetology Contingent Fund.

(5) Cemetery Fund.

(6) Contractors’ License Fund.

(7) State Dentistry Fund.

(8) State Funeral Directors and Embalmers Fund.

(9) Guide Dogs for the Blind Fund.

(10) Home Furnishings and Thermal Insulation Fund.

(11) California Architects Board-Landscape Architects Fund.

(12) Contingent Fund of the Medical Board of California.

(13) Optometry Fund.

(14) Pharmacy Board Contingent Fund.

(15) Physical Therapy Fund.

(16) Private Investigator Fund.

(17) Professional Engineer’s and Land Surveyor’s Fund.

(18) Consumer Affairs Fund.

(19) Behavioral Sciences Fund.

(20) Licensed Midwifery Fund.

(21) Court Reporters’ Fund.

(22) Veterinary Medical Board Contingent Fund.

(23) Vocational Nursing and Psychiatric Technicians Fund.

(24) Electronic and Appliance Repair Fund.

(25) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s Fund.

(26) Dispensing Opticians Fund.

(27) Acupuncture Fund.

(28) Physician Assistant Fund.

(29) Board of Podiatric Medicine Fund.

(30) Psychology Fund.

(31) Respiratory Care Fund.

(32) Speech-Language Pathology and Audiology and Hearing
Aid Dispensers Fund.

(33) Board of Registered Nursing Fund.

(34) Animal Health Technician Examining Committee Fund.

(35) State Dental Hygiene Fund.

(36) State Dental Assistant Fund.

(37) Structural Pest Control Fund.

(38) Structural Pest Control Eradication and Enforcement Fund.

(39) Structural Pest Control Research Fund.

(b) For accounting and recordkeeping purposes, the Professions
and Vocations Fund shall be deemed to be a single special fund,
and each of the several special funds therein shall constitute and
be deemed to be a separate account in the Professions and
Vocations Fund. Each account or fund shall be available for
expenditure only for the purposes as are now or may hereafter be
provided by law.

SEC. 2.  

Section 726 of the Business and Professions Code is
amended to read:

726.  

(a) The commission of any act of sexual abuse,
misconduct, or relations with a patient, client, or customer
constitutes unprofessional conduct and grounds for disciplinary
action for any person licensed under this division or under any
initiative act referred to in this division.

(b)   This section shall not apply to sexual contact between a
licensee and his or her spouse or person in an equivalent domestic
relationship when that licensee provides medical treatment, other
than psychotherapeutic treatment, to his or her spouse or person
in an equivalent domestic relationship.

SEC. 3.  

Section 1601.1 of the Business and Professions Code
is amended to read:

1601.1.  

(a) There shall be in the Department of Consumer
Affairs the Dental Board of California in which the administration
of this chapter is vested. The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and five public members. Of the eight practicing dentists,
one shall be a member of a faculty of any California dental college,
and one shall be a dentist practicing in a nonprofit community
clinic. The appointing powers, described in Section 1603, may
appoint to the board a person who was a member of the prior board.
The board shall be organized into standing committees dealing
with examinations, enforcement, and other subjects as the board
deems appropriate.

(b) For purposes of this chapter, any reference in this chapter
to the Board of Dental Examiners shall be deemed to refer to the
Dental Board of California.

(c) The board shall have all authority previously vested in the
existing board under this chapter. The board may enforce all
disciplinary actions undertaken by the previous board.

(d) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.
Notwithstanding any other law, the repeal of this section renders
the board subject to review by the appropriate policy committees
of the Legislature.

SEC. 4.  

Section 1616.5 of the Business and Professions Code
is amended to read:

1616.5.  

(a) The board, by and with the approval of the director,
may appoint a person exempt from civil service who shall be
designated as an executive officer and who shall exercise the
powers and perform the duties delegated by the board and vested
in him or her by this chapter.

(b) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 5.  

Section 1632 of the Business and Professions Code is
amended to read:

1632.  

(a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National
Dental Examinations.

(b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed
and administered by the board. The board shall provide a separate
application for this examination. The board shall ensure that the
law and ethics examination reflects current law and regulations,
and ensure that the examinations are randomized. Applicants shall
submit this application and required fee to the board in order to
take this examination. In addition to the aforementioned
application, the only other requirement for taking this examination
shall be certification from the dean of the qualifying dental school
attended by the applicant that the applicant has graduated, or will
graduate, or is expected to graduate. Applicants who submit
completed applications and certification from the dean at least 15
days prior to a scheduled examination shall be scheduled to take
the examination. Successful results of the examination shall, as
established by board regulation, remain valid for two years from
the date that the applicant is notified of having passed the
examination.

(c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:

(1) A portfolio examination of the applicant’s competence to
enter the practice of dentistry. This examination shall be conducted
while the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination
shall utilize uniform standards of clinical experiences and
competencies, as approved by the board pursuant to Section 1632.1.
The applicant shall pass a final assessment of the submitted
portfolio at the end of his or her dental school program. Before
any portfolio assessment may be submitted to the board, the
applicant shall remit the required fee to the board to be deposited
into the State Dentistry Fund, and a letter of good standing signed
by the dean of his or her dental school or his or her delegate stating
that the applicant has graduated or will graduate with no pending
ethical issues.

(A) The portfolio examination shall not be conducted until the
board adopts regulations to carry out this paragraph. The board
shall post notice on its Internet Web site when these regulations
have been adopted.

(B) The board shall also provide written notice to the Legislature
and the Legislative Counsel when these regulations have been
adopted.

(2) A clinical and written examination administered by the
Western Regional Examining Board, which board shall determine
the passing score for that examination.

(d) Notwithstanding subdivision (b) of Section 1628, the board
is authorized to do either of the following:

(1) Approve an application for examination from, and to
examine an applicant who is enrolled in, but has not yet graduated
from, a reputable dental school approved by the board.

(2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled
in, but had not graduated from, a reputable dental school approved
by the board at the time the examination was administered.

In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).

SEC. 6.  

Section 1638 of the Business and Professions Code is
amended to read:

1638.  

(a) For purposes of this article, “oral and maxillofacial
surgery” means the diagnosis and surgical and adjunctive treatment
of diseases, injuries, and defects which involve both functional
and esthetic aspects of the hard and soft tissues of the oral and
maxillofacial region.

(b) Any person licensed under the Medical Practice Act (Chapter
5 (commencing with Section 2000)) as a physician and surgeon
who possesses, or possessed, a license to practice dentistry in
another state, but is not licensed to practice dentistry under this
chapter may apply to the board on a form prescribed by the board
for an oral and maxillofacial surgery permit.

(c) The board may issue an oral and maxillofacial surgery permit
to an applicant who has furnished evidence satisfactory to the
board that he or she is currently certified or eligible for certification
in oral and maxillofacial surgery by a specialty board recognized
by the Commission on Accreditation of the American Dental
Association and holds a current license in good standing to practice
medicine in the state.

(d) An application shall be accompanied by an application fee
required by the board and two classifiable sets of fingerprints on
forms provided by the board.

SEC. 7.  

Section 1638.1 of the Business and Professions Code
is amended to read:

1638.1.  

(a) (1) A person licensed pursuant to Section 1634
who wishes to perform elective facial cosmetic surgery shall first
apply for and receive a permit to perform elective facial cosmetic
surgery from the board.

(2) A permit issued pursuant to this section shall be valid for a
period of two years and must be renewed by the permitholder at
the time his or her license is renewed. Every six years, prior to
renewal of the permitholder’s license and permit, the permitholder
shall submit evidence acceptable to the credentialing committee
that he or she has maintained continued competence to perform
the procedures authorized by the permit. The credentialing
committee may limit a permit consistent with paragraph (1) of
subdivision (e) if it is not satisfied that the permitholder has
established continued competence.

(b) The board may adopt regulations for the issuance of the
permit that it deems necessary to protect the health, safety, and
welfare of the public.

(c) A licensee may obtain a permit to perform elective facial
cosmetic surgery by furnishing all of the following information
on an application form approved by the board:

(1) Proof of successful completion of an oral and maxillofacial
surgery residency program accredited by the Commission on Dental
Accreditation of the American Dental Association.

(2) Proof that the applicant has satisfied the criteria specified
in either subparagraph (A) or (B):

(A) (i) Is certified, or is a candidate for certification, by the
American Board of Oral and Maxillofacial Surgery.

(ii) Submits to the board a letter from the program director of
the accredited residency program, or from the director of a
postresidency fellowship program accredited by the Commission
on Dental Accreditation of the American Dental Association,
stating that the licensee has the education, training, and competence
necessary to perform the surgical procedures that the licensee has
notified the board he or she intends to perform.

(iii) Submits documentation to the board of at least 10 operative
reports from residency training or proctored procedures that are
representative of procedures that the licensee intends to perform
from both of the following categories:

(I) Cosmetic contouring of the osteocartilaginous facial structure,
which may include, but is not limited to, rhinoplasty and otoplasty.

(II) Cosmetic soft tissue contouring or rejuvenation, which may
include, but is not limited to, facelift, blepharoplasty, facial skin
resurfacing, or lip augmentation.

(iv) Submits documentation to the board showing the surgical
privileges the applicant possesses at any licensed general acute
care hospital and any licensed outpatient surgical facility in this
state.

(B) (i) Has been granted privileges by the medical staff at a
licensed general acute care hospital to perform the surgical
procedures set forth in paragraph (A) at that hospital.

(ii) Submits to the board the documentation described in clause
(iii) of subparagraph (A).

(3) Proof that the applicant is on active status on the staff of a
general acute care hospital and maintains the necessary privileges
based on the bylaws of the hospital to maintain that status.

(d) The application shall be accompanied by an application fee
required by the board for an initial permit. The fee to renew a
permit shall not exceed the maximum amount prescribed in Section
1724.

(e) (1) The board shall appoint a credentialing committee to
review the qualifications of each applicant for a permit. Upon
completion of the review of an applicant, the committee shall make
a recommendation to the board on whether to issue or not issue a
permit to the applicant. The permit may be unqualified, entitling
the permitholder to perform any facial cosmetic surgical procedure
authorized by this section, or it may contain limitations if the
credentialing committee is not satisfied that the applicant has the
training or competence to perform certain classes of procedures,
or if the applicant has not requested to be permitted for all
procedures authorized by this section.

(2) The credentialing committee shall be comprised of five
members, as follows:

(A) A physician and surgeon with a specialty in plastic and
reconstructive surgery who maintains active status on the staff of
a licensed general acute care hospital in this state.

(B) A physician and surgeon with a specialty in otolaryngology
who maintains active status on the staff of a licensed general acute
care hospital in this state.

(C) Three oral and maxillofacial surgeons licensed by the board
who are board certified by the American Board of Oral and
Maxillofacial Surgeons, and who maintain active status on the
staff of a licensed general acute care hospital in this state, at least
one of whom shall be licensed as a physician and surgeon in this
state. Two years after the effective date of this section, any oral
and maxillofacial surgeon appointed to the committee who is not
licensed as a physician and surgeon shall hold a permit pursuant
to this section.

(3) The board shall solicit from the following organizations
input and recommendations regarding members to be appointed
to the credentialing committee:

(A) The Medical Board of California.

(B) The California Dental Association.

(C) The California Association of Oral and Maxillofacial
Surgeons.

(D) The California Medical Association.

(E) The California Society of Plastic Surgeons.

(F) Any other source that the board deems appropriate.

(4) The credentialing committee shall meet at a time and place
directed by the board to evaluate applicants for permits. A quorum
of three members shall be required for the committee to consider
applicants and make recommendations to the board.

(f) A licensee may not perform any elective, facial cosmetic
surgical procedure except at a general acute care hospital, a licensed
outpatient surgical facility, or an outpatient surgical facility
accredited by the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), the American Association for Ambulatory
Health Care (AAAHC), the Medicare program, or an accreditation
agency approved by the Medical Board of California pursuant to
subdivision (g) of Section 1248.1 of the Health and Safety Code.

(g) For purposes of this section, the following terms shall have
the following meanings:

(1) “Elective cosmetic surgery” means any procedure defined
as cosmetic surgery in subdivision (d) of Section 1367.63 of the
Health and Safety Code, and excludes any procedure that
constitutes reconstructive surgery, as defined in subdivision (c) of
Section 1367.63 of the Health and Safety Code.

(2) “Facial” means those regions of the human body described
in Section 1625 and in any regulations adopted pursuant to that
section by the board.

(h) A holder of a permit issued pursuant to this section shall not
perform elective facial cosmetic surgical procedures unless he or
she has malpractice insurance or other financial security protection
that would satisfy the requirements of Section 2216.2 and any
regulations adopted thereunder.

(i) A holder of a permit shall comply with the requirements of
subparagraph (D) of paragraph (2) of subdivision (a) of Section
1248.15 of the Health and Safety Code, and the reporting
requirements specified in Section 2240, with respect to any surgical
procedure authorized by this section, in the same manner as a
physician and surgeon.

(j) Any violation of this section constitutes unprofessional
conduct and is grounds for the revocation or suspension of the
person’s permit, license, or both, or the person may be reprimanded
or placed on probation. Proceedings initiated by the board under
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code, and the board shall have all the powers
granted therein.

(k) On or before January 1, 2009, and every four years thereafter,
the board shall report to the Joint Committee on Boards,
Commissions and Consumer Protection on all of the following:

(1) The number of persons licensed pursuant to Section 1634
who apply to receive a permit to perform elective facial cosmetic
surgery from the board pursuant to subdivision (a).

(2) The recommendations of the credentialing committee to the
board.

(3) The board’s action on recommendations received by the
credentialing committee.

(4) The number of persons receiving a permit from the board
to perform elective facial cosmetic surgery.

(5) The number of complaints filed by or on behalf of patients
who have received elective facial cosmetic surgery by persons
who have received a permit from the board to perform elective
facial cosmetic surgery.

(6) Action taken by the board resulting from complaints filed
by or on behalf of patients who have received elective facial
cosmetic surgery by persons who have received a permit from the
board to perform elective facial cosmetic surgery.

SEC. 8.  

Section 1638.3 of the Business and Professions Code
is amended to read:

1638.3.  

(a) The fee to renew an oral and maxillofacial surgery
permit shall be the amount prescribed in Section 1724.

(b) Every provision of this chapter applicable to a person
licensed to practice dentistry shall apply to a person to whom a
special permit is issued under this article.

SEC. 9.  

Section 1646.6 of the Business and Professions Code
is amended to read:

1646.6.  

(a) The application fee for a permit or renewal under
this article shall not exceed the amount prescribed in Section 1724.

(b) The fee for an onsite inspection shall not exceed the amount
prescribed in Section 1724.

(c) It is the intent of the Legislature that fees established
pursuant to this section be equivalent to administration and
enforcement costs incurred by the board in carrying out this article.

(d) At the discretion of the board, the fee for onsite inspection
may be collected and retained by a contractor engaged pursuant
to subdivision (b) of Section 1646.4.

SEC. 10.  

Section 1647.8 of the Business and Professions Code
is amended to read:

1647.8.  

(a) The application fee for a permit or renewal under
this article shall not exceed the amount prescribed in Section 1724.

(b) The fee for an onsite inspection shall not exceed the amount
prescribed in Section 1724.

(c) It is the intent of the Legislature that the board hire sufficient
staff to administer the program and that the fees established
pursuant to this section be equivalent to administration and
enforcement costs incurred by the board in carrying out this article.

SEC. 11.  

Section 1650.1 is added to the Business and
Professions Code, to read:

1650.1.  

(a) Every applicant and licensee who has an electronic
mail address shall report to the board that electronic mail address
no later than July 1, 2016. The electronic mail address shall be
considered confidential and not subject to public disclosure.

(b) The board shall annually send an electronic notice to each
applicant and licensee that requests confirmation from the
application or licensee that his or her electronic mail address is
current.

SEC. 12.  

Section 1724 of the Business and Professions Code
is amended to read:

1724.  

The amount of charges and fees for dentists licensed
pursuant to this chapter shall be established by the board as is
necessary for the purpose of carrying out the responsibilities
required by this chapter as it relates to dentists, subject to the
following limitations:

(a) The fee for an application for licensure qualifying pursuant
to paragraph (1) of subdivision (c) of Section 1632 shall not exceed
one thousand five hundred dollars ($1,500). The fee for an
application for licensure qualifying pursuant to paragraph (2) of
subdivision (c) of Section 1632 shall not exceed one thousand
dollars ($1,000).

(b) The fee for an application for licensure qualifying pursuant
to Section 1634.1 shall not exceed one thousand dollars ($1,000).

(c) The fee for an application for licensure qualifying pursuant
to Section 1635.5 shall not exceed one thousand dollars ($1,000).

(d) The fee for an initial license and for the renewal of a license
is five hundred twenty-five dollars ($525). On and after January
1, 2016, the fee for an initial license shall not exceed begin delete one thousand
two end delete begin insert six end insert hundred begin insert fifty end insert dollars begin delete ($1,200), end delete begin insert ($650), end insert and the fee for the
renewal of a license shall not exceed begin delete one thousand two end delete begin insert six end insert hundred
begin insert fifty end insert dollars begin delete ($1,200). end delete begin insert ($650). On and after January 1, 2018, the
fee for an initial license shall not exceed eight hundred dollars
($800), and the fee for the renewal of a license shall not exceed
eight hundred dollars ($800). end insert

(e) The fee for an application for a special permit shall not
exceed one thousand dollars ($1,000), and the renewal fee for a
special permit shall not exceed six hundred dollars ($600).

(f) The delinquency fee shall be 50 percent of the renewal fee
for such a license or permit in effect on the date of the renewal of
the license or permit.

(g) The penalty for late registration of change of place of
practice shall not exceed seventy-five dollars ($75).

(h) The fee for an application for an additional office permit
shall not exceed seven hundred fifty dollars ($750), and the fee
for the renewal of an additional office permit shall not exceed three
hundred seventy-five dollars ($375).

(i) The fee for issuance of a replacement pocket license,
replacement wall certificate, or replacement engraved certificate
shall not exceed one hundred twenty-five dollars ($125).

(j) The fee for a provider of continuing education shall not
exceed five hundred dollars ($500) per year.

(k) The fee for application for a referral service permit and for
renewal of that permit shall not exceed twenty-five dollars ($25).

(l) The fee for application for an extramural facility permit and
for the renewal of a permit shall not exceed twenty-five dollars
($25).

(m) The fee for an application for an elective facial cosmetic
surgery permit shall not exceed four thousand dollars ($4,000),
and the fee for the renewal of an elective facial cosmetic surgery
permit shall not exceed eight hundred dollars ($800).

(n) The fee for an application for an oral and maxillofacial
surgery permit shall not exceed one thousand dollars ($1,000), and
the fee for the renewal of an oral and maxillofacial surgery permit
shall not exceed one thousand two hundred dollars ($1,200).

(o) The fee for an application for a general anesthesia permit
shall not exceed one thousand dollars ($1,000), and the fee for the
renewal of a general anesthesia permit shall not exceed six hundred
dollars ($600).

(p) The fee for an onsite inspection and evaluation related to a
general anesthesia or conscious sedation permit shall not exceed
four thousand five hundred dollars ($4,500).

(q) The fee for an application for a conscious sedation permit
shall not exceed one thousand dollars ($1,000), and the fee for the
renewal of a conscious sedation permit shall not exceed six hundred
dollars ($600).

(r) The fee for an application for an oral conscious sedation
permit shall not exceed one thousand dollars ($1,000), and the fee
for the renewal of an oral conscious sedation permit shall not
exceed six hundred dollars ($600).

(s) The fee for a certification of licensure shall not exceed one
hundred twenty-five dollars ($125).

(t) The fee for an application for the law and ethics examination
shall not exceed two hundred fifty dollars ($250).

The board shall report to the appropriate fiscal committees of
each house of the Legislature whenever the board increases any
fee pursuant to this section and shall specify the rationale and
justification for that increase.

begin delete

SEC. 13.  

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

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

(j) 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 the
competency of registered dental assistants. The board's review and
certification or determination shall be completed by January 1,
2017.

(k) If the board determines that the practical examination is
necessary to demonstrate competency of registered dental
assistants, the board's review and certification or determination
shall be completed and submitted to the appropriate policy
committees of the Legislature, and the board may administer, and
require, a practical examination for licensure as a registered dental
assistant, in accordance with Section 139.

SEC. 14.  

Section 1752.3 of the Business and Professions Code
is repealed.

end delete

begin delete SEC. 15. end delete
begin insert SEC. 13. end insert   

Section 1725 of the Business and Professions Code
is amended to read:

1725.  

The amount of the fees prescribed by this chapter that
relate to the licensing and permitting of dental assistants shall be
established by regulation and subject to the following limitations:

(a) The application fee for an original license shall not exceed
two hundred dollars ($200).

(b) The fee for examination for licensure as a registered dental
assistant shall not exceed the actual cost of the practical
examination.

(c) The fee for application and for the issuance of an orthodontic
assistant permit or a dental sedation assistant permit shall not
exceed two hundred dollars ($200).

(d) The fee for the written examination for an orthodontic
assistant permit or a dental sedation assistant permit shall not
exceed the actual cost of the examination.

(e) The fee for the written examination for a registered dental
assistant shall not exceed the actual cost of the examination.

(f) The fee for the written examination in law and ethics for a
registered dental assistant shall not exceed the actual cost of the
examination.

(g) The fee for examination for licensure as a registered dental
assistant in extended functions shall not exceed the actual cost of
the examination.

(h) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.

(i) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.

(j) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.

(k) The board shall establish the fee at an amount not to exceed
the actual cost for licensure as a registered dental hygienist in
alternative practice.

(l) The biennial renewal fee for a registered dental assistant
license, registered dental assistant in extended functions license,
dental sedation assistant permit, or orthodontic assistant permit
shall not exceed two hundred dollars ($200).

(m) The delinquency fee shall be 50 percent of the renewal fee
for the license or permit in effect on the date of the renewal of the
license or permit.

(n) The fee for issuance of a duplicate registration, license,
permit, or certificate to replace one that is lost or destroyed, or in
the event of a name change, shall not exceed one hundred dollars
($100).

(o) The fee for each curriculum review and site evaluation for
educational programs for registered dental assistants that are not
accredited by a board-approved agency, or the Chancellor’s office
of the California Community Colleges shall not exceed seven
thousand five hundred dollars ($7,500).

(p) The fee for review of each approval application or
reevaluation for a course that is not accredited by a board-approved
agency or the Chancellor’s office of the California Community
Colleges shall not exceed two thousand dollars ($2,000).

(q) Fees collected pursuant to this section shall be deposited in
the State Dental Assistant Fund.

begin delete SEC. 16. end delete
begin insert SEC. 14. end insert   

Section 2841 of the Business and Professions Code
is amended to read:

2841.  

(a) There is in the Department of Consumer Affairs a
Board of Vocational Nursing and Psychiatric Technicians of the
State of California, consisting of 11 members.

(b) Within the meaning of this chapter, “board,” or “the board,”
refers to the Board of Vocational Nursing and Psychiatric
Technicians of the State of California.

(c) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed. Notwithstanding any other law, the
repeal of this section renders the board subject to review by the
appropriate policy committees of the Legislature.

begin delete SEC. 17. end delete
begin insert SEC. 15. 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.

(b) The person selected to be the executive officer of the board
shall be a duly licensed vocational nurse under this chapter, a duly
licensed professional nurse as defined in Section 2725, or a duly
licensed psychiatric technician. The executive officer shall not be
a member of the board.

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

(d) 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.

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

begin delete SEC. 18. end delete
begin insert SEC. 16. end insert   

Section 2894 of the Business and Professions Code
is amended to read:

2894.  

(a) All money in the Vocational Nursing and Psychiatric
Technicians Fund shall be used to carry out this chapter, including
the promotion of nursing education in this state, and Chapter 10
(commencing with Section 4500), and for the refund, in accordance
with law, of license fees or other moneys paid into the Vocational
Nursing and Psychiatric Technicians Fund under the provisions
of this chapter and Chapter 10 (commencing with Section 4500).

(b) Claims against the Vocational Nursing and Psychiatric
Technicians Fund shall be audited by the Controller, and shall be
paid by the Treasurer upon warrants drawn by the Controller.

begin delete SEC. 19. end delete
begin insert SEC. 17. end insert   

Section 4501 of the Business and Professions Code
is amended to read:

4501.  

(a) “Board,” as used in this chapter, means the Board
of Vocational Nursing and Psychiatric Technicians of the State of
California.

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

begin delete SEC. 20. end delete
begin insert SEC. 18. end insert   

Section 4503 of the Business and Professions Code
is amended to read:

4503.  

(a) The board shall administer and enforce this chapter.

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

begin delete SEC. 21. end delete
begin insert SEC. 19. end insert   

Section 4547 of the Business and Professions Code
is amended to read:

4547.  

All expenses incurred in the operation of this chapter or
Chapter 6.5 (commencing with Section 2840) shall be paid out of
the Vocational Nursing and Psychiatric Technicians Fund from
the revenue received by the board under this chapter or Chapter
6.5 (commencing with Section 2840) and deposited in the
Vocational Nursing and Psychiatric Technicians Fund.