BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 667
                                                                  Page  1

          Date of Hearing:   April 14, 2009

                            ASSEMBLY COMMITTEE ON HEALTH
                                  Dave Jones, Chair
                     AB 667 (Block) - As Amended:  April 2, 2009
           
          SUBJECT  :   Topical fluoride application.

           SUMMARY  :   Clarifies that any person, including dental  
          assistants and non-health care personnel, may apply topical  
          fluoride varnish in public health and school-based settings  
          according to the prescription and protocol of a dentist or  
          physician.   Specifically,  this bill  :  

          1)Allows a dental assistant to apply topical fluoride under the  
            general direction of a licensed dentist or physician when  
            operating in a school-based setting or public health program.

          2)Specifies that any person may apply topical fluoride,  
            including fluoride varnish, within a public health setting or  
            public health program according to the prescription and  
            protocol issued and established by a dentist or physician.

          3)Clarifies that the topical fluoride program is required to be  
            under the direction of a licensed dentist and may include  
            self-application or application by another person in  
            accordance with the prescription and protocol established by  
            the dentist.

           EXISTING LAW  :

          1)Permits a dental assistant to perform specified duties,  
            including topical fluoride applications, under the general  
            supervision of a supervising licensed dentist.

          2)Establishes community dental disease prevention programs  
            (CDDPP) that may be offered to school children in preschool  
            through sixth grade, and in classes for individuals with  
            exceptional needs, by a local sponsor.  Permits the local  
            sponsor to be a city or county health department, county  
            office of education, superintendent of schools office, school  
            district, or other public or private nonprofit agency approved  
            by the Department of Public Health (DPH).  

          3)Requires the CDDPP components to include educational programs  








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            that promote dental health and specified preventive services,  
            including ongoing plaque control, dental sealants, and  
            supervised application of topical prophylactic agents for  
            caries prevention, as approved by DPH.

          4)Requires students of public and private elementary and  
            secondary schools, except students of community colleges, to  
            be provided the opportunity to receive within the school year  
            the topical application of fluoride or other decay-preventing  
            agent in a manner approved by DPH.  Specifies that the topical  
            application program must be under the general direction of a  
            licensed dentist and may include self-application.

           FISCAL EFFECT  :   This bill has not yet been analyzed by a fiscal  
          committee.

           COMMENTS  :   

           1)PURPOSE OF THIS BILL  .  According to the sponsor of this bill,  
            the California Dental Association (CDA), tooth decay affects  
            over 50% of California's children by the time they reach  
            kindergarten; low-income children are at greatest risk.  CDA  
            states that children with high-risk factors for tooth decay  
            benefit most from the application of fluoride varnish, a newer  
            form of high-concentration topical fluoride that is easily  
            "painted" on teeth two to four times a year and safe even for  
            very young children.  According to CDA, most community and  
            school-based health programs use less effective fluoride  
            rinses or supplements because they can be administered by  
            non-health care providers, such as teachers, parents, or  
            volunteers, once they have been prescribed by a dentist or  
            physician.  However, CDA notes that the law is currently  
            unclear regarding whether it is legal for these non-healthcare  
            personnel to administer fluoride varnish.  This bill removes a  
            barrier to the expansion of fluoride varnish programs in  
            public settings by clarifying that dental assistants and  
            non-health care professionals may apply fluoride varnish in  
            these settings when a prescription and established protocol  
            from a licensed dentist or physician have been issued for its  
            use.    

           2)CHILDREN'S ACCESS TO DENTAL CARE  .  The California HealthCare  
            Foundation (CHCF) reports in a 2008 fact sheet on children's  
            use of dental care in California that the burden of oral  
            disease continues to fall more heavily on children from poor,  








                                                                  AB 667
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            minority households.  While the American Academy of Pediatric  
            Dentistry recommends that children visit the dentist within  
            six months of getting their first tooth and no later than  
            their first birthday, CHCF notes that many children from  
            families living in poverty, facing language or cultural  
            barriers, or with no dental insurance, often do not visit the  
            dentist until much later, after primary teeth have started to  
            decay.  Furthermore, despite increasing awareness of the  
            lifelong effects of poor oral care, CHCF reports that nearly  
            one quarter of California children 11 years of age or younger  
            have never been to a dentist, including half of all children  
            under the age of five.    

           3)CDDPP  .  DPH administers CDDPP through the Office of Oral  
            Health.  33 CDDPP programs operate in 31 counties, serving  
            approximately 300,000 preschool and elementary school children  
            in California each year.  The programs are managed by local  
            health departments, county superintendents of schools, or  
            nonprofit agencies, who work to increase access to dental care  
            and educate the public to prevent early childhood cavities,  
            oral injuries, and dental disease.  Health educators and  
            teachers who participate in the programs explain the  
            importance of dental health to students and oversee the  
            brushing and fluoride components in the classroom.  Each  
            program has five mandatory components consisting of fluoride  
            supplementation, dental sealants, plaque control, oral health  
            education, and an active oral health advisory committee.   
            Dental screenings are optional.

           4)PRIOR LEGISLATION  .  AB 3071 (Chan) of 2006, which was held on  
            the Senate Floor, would have made changes to the program  
            requirements in CDDPP to ensure that educational programs and  
            preventive services are evidence-based and age-appropriate.

           5)SUPPORT  .  The sponsor, CDA, writes in support that the simple  
            clarification in this bill to ensure that any person may apply  
            fluoride varnish in public health and school-based settings  
            once a prescription and protocol from a dentist or physician  
            has been established creates a cost-effective and safe  
            opportunity to help reduce dental disease in high-risk  
            populations.  The California Society of Pediatric Dentistry  
            (CSPD) cites in support of this bill a 2006 study that found  
            that oral health counseling combined with fluoride varnish  
            application was significantly more effective than oral health  
            counseling alone in decreasing the incidence of dental decay  








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            in a population of minority children from low-income  
            households and, equally important, no adverse events or  
            effects were reported.  CSPD adds that this bill is needed to  
            clarify that dental assistants, otherwise limited to direct  
            supervision in the dental office setting, and non-health care  
            providers, are among those who may participate in providing  
            these preventive services in specific settings. 

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          California Dental Association (sponsor)
          California Society of Pediatric Dentistry

           Opposition 
           
          None on file.
           

          Analysis Prepared by  :    Cassie Rafanan / HEALTH / (916)  
          319-2097