BILL NUMBER: AB 179 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 27, 2015
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, 1752.1,
2841, 2847, 2894, 4501, 4503, and 4547 of, to
repeal Section 1752.3, of 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. 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.
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 then $1,200 than $650 and
would require the fee for the renewal of that license to be no
greater than $1,200. $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. 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. 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.
(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
one thousand two six hundred fifty
dollars ($1,200), ($650), and the
fee for the renewal of a license shall not exceed one
thousand two six hundred fifty
dollars ($1,200). ($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).
(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.
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.
SEC. 15. SEC. 13. 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.
SEC. 16. SEC. 14. 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.
SEC. 17. SEC. 15. 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.
SEC. 18. SEC. 16. 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.
SEC. 19. SEC. 17. 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.
SEC. 20. SEC. 18. 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.
SEC. 21. SEC. 19. 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.