BILL NUMBER: SB 928 CHAPTERED
BILL TEXT
CHAPTER 464
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2004
APPROVED BY GOVERNOR SEPTEMBER 10, 2004
PASSED THE SENATE AUGUST 26, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 19, 2004
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN ASSEMBLY JULY 2, 2004
AMENDED IN ASSEMBLY JUNE 9, 2004
AMENDED IN SENATE JANUARY 5, 2004
INTRODUCED BY Senator Aanestad
(Coauthor: Senator Ackerman)
FEBRUARY 21, 2003
An act to amend Section 1635.5 of, and to add Sections 1625.2,
1635.7, and 1658.8 to, the Business and Professions Code, relating to
dentistry.
LEGISLATIVE COUNSEL'S DIGEST
SB 928, Aanestad. Dentistry licensure.
(1) Existing law, the Dental Practice Act, provides for the
licensure and regulation by the Dental Board of California of those
engaged in the practice of dentistry. Existing law provides that a
person practices dentistry if the person, among other things, manages
or conducts as manager, proprietor, conductor, lessor, or otherwise,
in any place where dental operations are performed.
This bill would exclude from the unlicensed practice of dentistry
certain nonprofit entities that own or manage places where dental
operations are performed if they comply with various requirements.
(2) Existing law requires a dentist who desires to have more than
one place of practice to pay a fee to, and receive permission in
writing from, the board prior to opening an additional place of
practice. This requirement does not apply to a dentist who also
practices in certain primary and specialty care clinics.
This bill would further exempt from this requirement a dentist who
also practices in clinics operated by the federal government, a
federally recognized Indian tribe, or a community clinic open for
limited services no more than 20 hours per week. The bill would make
corresponding changes.
(3) Existing law, the Dental Practice Act, authorizes the Dental
Board of California to issue a license to a person who is currently
licensed to practice dentistry in another state if the person
satisfies other requirements, including proof that the applicant has
been in clinical practice or a full-time faculty member for a minimum
of 1000 hours per year for at least 5 years preceding his or her
application.
This bill would instead require an out-of-state applicant to
provide proof that he or she has either been in active clinical
practice or a full-time faculty member in an accredited dental
education program and in active clinical practice, for a total of at
least 5000 hours in 5 of the 7 years preceding his or her
application.
(4) Existing law requires an applicant to provide proof that he or
she has not been subject to discipline in any state in which he or
she has practiced and to sign a release allowing disclosure of
specified information. Existing law requires the board to determine
whether the disciplinary action and information warrants refusal to
issue a license.
This bill would instead require the board to determine whether the
disciplinary action or information presents sufficient evidence of a
violation of unprofessional conduct, as defined in the act, to
warrant submission of additional information or the denial of the
application for licensure. The bill would require an applicant to
make certain acknowledgments under penalty of perjury with respect to
his or her application, thereby creating a new crime and imposing a
state-mandated local program. The bill would authorize the board to
contract with a 3rd party to review applications, and would require a
person licensed under the provisions of the bill to fulfill
continuing education requirements established by the board.
(5) Existing law requires a licensed dentist to register his or
her place of practice with the board. Existing law also authorizes a
licensed dentist to operate one mobile dental clinic or unit
registered as a dental office or facility.
This bill would authorize a dentist to operate a mobile dental
unit provided by property and casualty insurance as a temporary
substitute site for his or her registered place of practice if the
registered place of practice is unusable due to loss or calamity and
the insurer registers the mobile dental unit with the board.
(6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1625.2 is added to the Business and Professions
Code, to read:
1625.2. (a) For purposes of subdivision (e) of Section 1625, the
ownership or management, by a tax-exempt nonprofit corporation
supported and maintained in whole or in substantial part by
donations, bequests, gifts, grants, government funds, or
contributions, that may be in the form of money, goods, or services,
of a place where dental operations are performed, shall not be
construed to be the unlicensed practice of dentistry, as long as all
of the following apply:
(1) The entity obtains the board's approval to offer dental
services pursuant to regulations adopted by the board.
(2) The entity does nothing to interfere with, control, or
otherwise direct the professional judgment of or provision of dental
services by a licensee or dental assistant acting within his or her
scope of practice as defined in this chapter.
(3) The licensees and dental assistants of the entity providing
services are in compliance with all applicable provisions of this
chapter.
(4) The entity is otherwise in compliance with this chapter and
all other applicable provisions of state and federal law.
(b) This section does not apply to any of the following entities:
(1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
(2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
(3) A clinic owned or operated by a public hospital or health
system.
(4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
SEC. 2. Section 1635.5 of the Business and Professions Code is
amended to read:
1635.5. (a) Notwithstanding Section 1634, the board may grant a
license to practice dentistry to an applicant who has not taken an
examination before the board, if the applicant submits all of the
following to the board:
(1) A completed application form and all fees required by the
board.
(2) Proof of a current license issued by another state to practice
dentistry that is not revoked or suspended or otherwise restricted.
(3) Proof that the applicant has either been in active clinical
practice or has been a full-time faculty member in an accredited
dental education program and in active clinical practice for a total
of at least 5,000 hours in five of the seven consecutive years
immediately preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if
documentation of any of the following is submitted:
(A) The applicant may receive credit for two of the five years of
clinical practice by demonstrating completion of a residency training
program accredited by the American Dental Association Commission on
Dental Accreditation, including, but not limited to, a general
practice residency, an advanced education in general dentistry
program, or a training program in a specialty recognized by the
American Dental Association.
(B) If an applicant provides proof of at least two years of
clinical practice or receives two years of credit as defined in
subparagraph (A), he or she may commit to completing the remainder of
the five-year requirement by filing with the board a copy of a
pending contract to practice dentistry full time in a primary care
clinic licensed under subdivision (a) of Section 1204 of the Health
and Safety Code or in a primary care clinic exempt from licensure
pursuant to subdivision (c) of Section 1206 of the Health and Safety
Code, or in a clinic owned or operated by a public hospital or health
system, or a clinic owned and operated by a hospital that maintains
the primary contract with a county government to fill the county's
role under Section 17000 of the Welfare and Institutions Code. The
board may periodically request verification of compliance with these
requirements, and may revoke the license upon a finding that the
employment requirement, or any other requirement of this
subparagraph, has not been met. The board may, by regulation, define
"full time" for the purposes of this paragraph.
(C) If an applicant provides proof of at least two years of
clinical practice or receives two years of credit as defined in
subparagraph (A), he or she may commit to completing the remainder of
the five-year requirement by filing with the board a copy of a
pending contract to teach or practice dentistry full time in an
accredited dental education program as approved by the Dental Board
of California. The board may periodically request verification of
compliance with these requirements, and may revoke the license upon a
finding that the employment requirement, or any other requirement of
this subparagraph, has not been met.
(4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed to practice dentistry. If the applicant has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of Article 4
(commencing with Section 1670) to warrant the submission of
additional information from the applicant or the denial of the
application for licensure.
(5) A signed release allowing the disclosure of information from
the National Practitioner Data Bank and the verification of
registration status with the federal Drug Enforcement Administration.
The board shall review this information to determine if it presents
sufficient evidence of a violation of Article 4 (commencing with
Section 1670) to warrant the submission of additional information
from the applicant or the denial of the application for licensure.
(6) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
section.
(7) An acknowledgement by the applicant executed under penalty of
perjury and automatic forfeiture of license, of the following:
(A) That the information provided by the applicant to the board is
true and correct, to the best of his or her knowledge and belief.
(B) That the applicant has not been convicted of an offense
involving conduct that would violate Section 810.
(8) Documentation of 50 units of continuing education completed
within two years of the date of his or her application under this
section. The continuing education shall include the mandatory
coursework prescribed by the board pursuant to subdivision (b) of
Section 1645.
(9) Any other information as specified by the board to the extent
it is required of applicants for licensure by examination under this
article.
(b) The board shall provide in the application packet to each
out-of-state dentist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas that exist in
the state.
(2) Those not-for-profit clinics and public hospitals seeking to
contract with licensees for dental services.
(c) (1) The board shall review the impact of this section on the
availability of dentists in California and report to the appropriate
policy and fiscal committees of the Legislature by January 1, 2005.
The report shall include a separate section providing data specific
to those dentists who intend to fulfill the alternative clinical
practice requirements of subparagraph (B) of paragraph (3) of
subdivision (a). The report shall include, but not be limited to,
all of the following:
(A) The total number of applicants from other states who have
sought licensure.
(B) The number of dentists from other states licensed pursuant to
this section, as well as the number of licenses not granted and the
reasons why each license was not granted.
(C) The location of the practice of dentists licensed pursuant to
this section.
(D) The number of dentists licensed pursuant to this section who
establish a practice in a rural area or in an area designated as
having a shortage of practicing dentists or no dentists at all.
(E) The length of time dentists licensed pursuant to this section
maintained their practice in the reported location. This information
shall be reported separately for dentists described in subparagraphs
(C) and (D).
(2) In identifying a dentist's location of practice, the board
shall use Medical Service Study Areas or other appropriate geographic
descriptions for regions of the state.
(3) If appropriate, the board may report the information required
by paragraph (1) separately for primary care dentists and
specialists.
(d) The board is authorized to contract with a third party or
parties to review applications filed under this section and to advise
the board as to whether the applications are complete. The
contracting party, its agents, and its employees shall agree to be
bound by all provisions of law applicable to the board, its members,
and staff, governing custody and confidentiality of materials
submitted by applicants for licensure.
SEC. 3. Section 1635.7 is added to the Business and Professions
Code, to read:
1635.7. Any person licensed pursuant to Section 1635.5 shall be
required to fulfill continuing education requirements established by
the board pursuant to Section 1645 before his or her license is
eligible to be renewed in accordance with this chapter.
SEC. 4. Section 1658.8 is added to the Business and Professions
Code, to read:
1658.8. Notwithstanding any other provision of this chapter, a
licensed dentist may operate a mobile dental unit provided by his or
her property and casualty insurer as a temporary substitute site for
the practice registered by him or her pursuant to Section 1650, if
both of the following requirements are met:
(a) The licensee's registered place of practice has been rendered
and remains unusable due to loss or calamity.
(b) The licensee's insurer registers the unit with the board in
compliance with Section 1657.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.