BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2331|
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                                   THIRD READING 


          Bill No:  AB 2331
          Author:   Dababneh (D) 
          Amended:  6/16/16 in Senate
          Vote:     21 

           SENATE BUS., PROF. & ECON. DEV. COMMITTEE:  9-0, 6/27/16
           AYES:  Hill, Bates, Block, Gaines, Galgiani, Hernandez,  
            Jackson, Mendoza, Wieckowski

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/1/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  79-0, 6/1/16 - See last page for vote

           SUBJECT:   Dentistry:  applicants to practice


          SOURCE:    American Board of Dental Examiners

          DIGEST:   This bill establishes an alternative clinical and  
          written examination for dental licensure applicants, requires a  
          review of this exam by the Office of Professional Examination  
          Services (OPES).
          
          ANALYSIS:  
          
          Existing law:

          1)Establishes the Dental Board of California (DBC) within the  
            Department of Consumer Affairs (DCA) to license and regulate  
            the practice of dentistry.  (Business and Professions Code  
            (BPC) §§ 1601.1, 1611) 









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          2)Requires the examination of applicants for a license to  
            practice dentistry to be sufficiently thorough to test the  
            fitness of the applicant to practice dentistry, and that both  
            questions and answers are written in the English language.  
          (BPC § 1630)

          3)Requires the DBC to require each dental licensure applicant  
            to:  (BPC § 1632)

             a)   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)   Successfully complete an examination in California law  
               and ethics developed and administered by the DBC.

             c)   Have taken and received a passing score on one of the  
               following:

               i)     A portfolio examination of the applicant's  
                 competence to enter the practice of dentistry, conducted  
                 while the applicant is enrolled in a dental school  
                 program at a DBC-approved school in California.  

               ii)    A clinical and written examination administered by  
                 the Western Regional Examining Board (WREB).  

          4)Requires all DCA boards and bureaus to ensure that every  
            licensing examination administered by or pursuant to contract  
            with the board is subject to periodic evaluation.  The  
            evaluation shall include (a) a description of the occupational  
            analysis serving as the basis for the examination; (b)  
            sufficient item analysis data to permit a psychometric  
            evaluation of the items; (c) an assessment of the  
            appropriateness of prerequisites for admittance to the  
            examination; and (d) an estimate of the costs and personnel  
            required to perform these functions.  The evaluation shall be  
            revised and a new evaluation submitted to the Director  
            whenever, in the judgment of the board, program, or bureau,  
            there is a substantial change in the examination or the  
            prerequisites for admittance to the examination.  (BPC § 139)

          5)States that it is unlawful for a licensing board to require  
            any examination or establish any other qualification for  







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            licensing that has an adverse impact on any class by virtue of  
            its race, creed, color, national origin or ancestry, sex,  
            gender, gender identity, gender expression, age, medical  
            condition, genetic information, physical disability, mental  
            disability, or sexual orientation, unless the practice can be  
            demonstrated to be job related.  If an examination or other  
            qualification for licensing is determined to be unlawful, that  
            determination shall not void, limit, repeal, or otherwise  
            affect any right, privilege, status, or responsibility  
            previously conferred upon any person by the examination or by  
            a license issued in reliance on the examination or  
            qualification.  (Government Code § 12944)

          This bill:

          1)Establishes an alternative clinical and written examination  
            for dental licensure applicants developed by the American  
            Board of Dental Examiners, Inc (ADEX).

          2)Strikes the ability for the WREB to determine the passing  
            score for its exam. 

          3)Authorizes the DBC to determine the testing format, as relates  
            to patients, for the exam developed by ADEX.

          4)Requires a review of the exam developed by the ADEX by OPES  
            prior to its implementation to ensure compliance with current  
            law and deliver this review to the DBC. 

          5)Prohibits implementation of the exam if the DCA determines  
            that the examination process fails to meet specified  
            standards, does not deliver the review to the DBC, or if ADEX  
            fails to pay costs and expenses, as specified.

          6)Requires the ADEX's examination process to be regularly  
            reviewed by the DCA and comply with statutory requirements.

          7)Requires the ADEX to pay all reasonable costs and expenses the  
            DBC incurs for the purposes of reviewing the exam.

          8)States that the ADEX examination may only be accepted for  
            licensure by a candidate after it is determined that the  
            examination has met the requirements of current law, and any  
            examinations taken prior to that date may not be used for  







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            licensure.

          9)Authorizes the Department of Finance to accept funds for the  
            purposes of reviewing and analyzing the examination developed  
            by ADEX.


          Background

          California requires dental applicants to take either a portfolio  
          examination of the applicant's competence to practice dentistry,  
          which is offered only by California schools, or a clinical and  
          written examination administered by WREB.  This bill will allow  
          ADEX to provide funding to the state to have its test validated  
          and, if determined sufficient, offered as an alternative  
          clinical and written examination.  

          ADEX is a nonprofit corporation of the State Boards of Dentistry  
          focused on the development of a "state of the art, high quality  
          uniform National dental and dental hygiene clinical licensure  
          examination for the sole use by States Board of Dentistry."  In  
          a letter to the DBC last year, ADEX wrote, "Dentistry is the  
          only health profession that does not have a uniform national  
          licensure examination.  ADEX believes that the acceptance of the  
          ADEX by California will set the cornerstone that will bring to  
          fruition the goal of a Uniform National Dental Licensure  
          examination." 


          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee: 


           Initial costs of about $20,000 for an occupational and  
            psychometric evaluation of the new examination to ensure that  
            it complies with the occupational requirements for dentists  
            and state law regarding non-discrimination (State Dentistry  
            Fund). DBC will incur a similar cost every seven years to  
            validate the continuing appropriateness of the examination.  
            The costs to validate the examination will be reimbursed by  
            ADEX.







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           One-time costs of $90,000 and ongoing costs of $82,000 per  
            year to develop regulations and to process additional  
            licensure applications by DBC (State Dentistry Fund). By  
            providing an additional examination for licensure, the Board  
            anticipates some growth in the number applicants for licensure  
            who trained at out-of-state dental schools.


          SUPPORT:   (Verified8/3/16)


          American Board of Dental Examiners (source)
          California Dental Association


          OPPOSITION:   (Verified8/3/16)


          None received

          ARGUMENTS IN SUPPORT:  ADEX writes, "AB 2331 will allow the DBC  
          to recognize the ADEX PC-CIF exam so that students outside of  
          California can choose this exam for admission to the state.   
          This provides these students with an exam option that complies  
          with the patient-centered guidelines established by industry  
          leaders."


          ASSEMBLY FLOOR:  79-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger  
            Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,  
            Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,  
            McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Gordon








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          Prepared by:Sarah Huchel / B., P. & E.D. / (916) 651-4104
          8/3/16 19:31:31


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