BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 540|
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THIRD READING
Bill No: SB 540
Author: Price (D)
Amended: 5/12/11
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV. COMMITTEE : 9-0, 5/2/11
AYES: Price, Emmerson, Corbett, Correa, Hernandez, Negrete
McLeod, Vargas, Walters, Wyland
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/23/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : Dentistry
SOURCE : Author
DIGEST : This bill extends the sunset date of the Dental
Board of California to January 1, 2016, and makes other
programmatic changes.
ANALYSIS :
Existing law:
1. Establishes the Dental Board of California (DBC) to
license and regulate the practice of dentistry.
2. Specifies that the DBC shall consist of eight practicing
dentists, one registered dental hygienist, one
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registered dental assistant, and four public members.
States that this provision shall remain in effect only
until January 1, 2012, and after that date, is repealed
unless a later enacted statute, that is enacted before
January 1, 2012, deletes or extends that date.
3. Provides that every board within the Department of
Consumer Affairs, as specified, shall initiate the
process of adopting regulations on or before January 1,
1999, to require its "licentiates", as defined, to
provide notice to their clients or customers that the
practitioner is licensed by this state.
4. States that for purposes of advertising, a dentist may
not hold himself or herself out as a specialist, as
specified, unless the dentist satisfies specific
specialization requirements.
5. Allows DBC to issue a probationary license to an
applicant for licensure as a dentist or dental
auxiliary. Allows DBC to require a licensee, as a term
or condition of issuing a probationary license, to
comply with certain requirements, as specified.
6. Requires licensees of DBC to fulfill continuing
education requirements.
7. Specifies the intent of the Legislature to seek ways and
means to identify and rehabilitate licentiates whose
competency may be impaired due to abuse of dangerous
drugs or alcohol, so that licentiate so afflicted may be
treated and returned to the practice of dentistry in a
manner which will not endanger the public health and
safety.
8. Requires DBC to establish criteria for the acceptance
denial or termination of licentiates in a diversion
program. States that licentiates shall sign an
agreement of understanding that withdrawal or
termination from the diversion program at a time when a
diversion evaluation committee determines the licentiate
presents a threat to the public's health and safety
shall result in the utilization of the DBC of diversion
treatment records in disciplinary or criminal
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proceedings.
9. States that the amount of fees that relate to the
licensing and permitting of dental assistants shall be
established by DBC resolution.
10.Finds and declares that dental assistants provide a
dental care services that is vital to good health. It
is the intent of the Legislature that DBC create and
implement an effective forum where dental assistant
services and regulatory oversight of dental assistants
can be heard and discussed in full and where all matters
relating to dental assistants in this state can be
discussed, as specified.
11.Establishes the Dental Corps Loan Repayment Program of
2002 to provide loan repayment assistance to dentists
who commit to a minimum of three years of services in a
"dentally underserved area", as defined.
This bill:
1. Deletes existing law requirements relating to
advertising by a dentist of specialization or
accreditation in a specialty area of practice unless
certain requirements are met.
2. Extends the sunset date of the DBC until January 1,
2016, and provides that upon the sunset, the DBC becomes
subject to review by the appropriate policy committees
of the Legislature.
3. Deletes positions on the DBC reserved for a registered
dental hygienist and a registered dental hygienist, and
instead increases the number of public members of the
DBC by three members who will be appointed by the
Governor.
4. Requires DBC, by January 1, 2013, to comply with
existing statute that requires boards within DCA,
including DBC, to adopt regulations to require licensees
to provide notice to clients or customers that the
licensee is licensed by the state. Requires the notice
to include a provision indicating that DBC is the entity
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that regulates dentists and provide the telephone number
and Internet address of DBC. States that DBC should
require the notice to be posted in a conspicuous
location accessible to public view.
5. Extends the sunset date of the appointment of the
executive officer to January 1, 2018.
6. Requires DBC to adopt written guidelines on how to make
probation assignments, and to ensure that probationary
and evaluation reports are conducted consistently and
regularly.
7. Requires DBC to ensure that the law and ethics
examination reflect current law and regulations, and to
ensure that the examinations are randomized.
8. Deletes existing law provision requiring a licentiate to
sign an agreement of understanding that the withdrawal
or termination from the diversion program at a time when
a diversion evaluation committee determines the
licentiate presents a threat to the public's health and
safety shall result in the utilization by DBC of
diversion treatment records in disciplinary or criminal
proceedings.
9. Requires that if a licentiate withdraws or is terminated
from the diversion program for failure to comply or is
determined to be a threat to the public or their own
health and safety, all diversion records for that
licentiate shall be provided to DBC's enforcement
program and may be used in any disciplinary proceeding.
States that if a licentiate in a diversion program tests
positive for any banned substance, the board's diversion
program manager shall immediately notify DBC's
enforcement program and provide the documentation
evidencing the positive test result to the enforcement
program. Provides that this documentation may be used
in a disciplinary proceeding.
10.Deletes the requirement that dental assisting fees that
relate to licensing and permitting be established by DBC
resolution and instead requires these fees to be
established by regulation.
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11.Deletes existing intent language for DBC to create and
implement an effective forum for dental assisting
matters, as specified.
12.Creates a Dental Assisting Council (Council) of DBC,
which shall consider all matters relating to dental
assistants in this state, including matters that relate
to standards for approval of dental assisting
educational programs and courses, and make appropriate
recommendations to DBC, as specified.
13.Requires that members of the Council to be appointed by
the DBC president, and shall consist of two members of
DBC, and five members who are either registered dental
assistants or registered dental assistants in extended
functions. Requires the Council to meet in conjunction
with other DBC Committees, and at other times as deemed
necessary.
14.Provides that the Council members shall serve a term of
four years, except that, of the initial appointments of
the nonboard members, one of the members shall serve a
term of one year, two members shall serve a term of two
years, and two members shall serve a term of three
years.
15.Requires the Council to be the sole entity of DBC that
will provide recommendations on dental assisting
matters.
16.Extends the California Dental Corps Loan Repayment
Program of 2002 until all the moneys in the account are
expended.
17.Makes other technical, non-substantive, and conforming
changes.
Background
DBC was created by the California Legislature in 1885, and
was originally established to regulate dentists. Today,
DBC is responsible for regulating the practice of
approximately 71,000 licensed dental health professionals
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in California, including 35,500 dentists, 34,300 registered
dental assistants (RDAs), and 1,300 registered dental
assistants in extended functions (RDAEFs). In addition,
DBC is responsible for setting the duties and functions of
approximately 50,000 unlicensed dental assistants. The
Dental Practice Act provides that the "�p]rotection of the
public shall be the highest priority of the Dental Board of
California in exercising its licensing, regulatory and
disciplinary functions. Whenever the protection of the
public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount."
DBC implements regulatory programs and performs a variety
of functions to protect consumers. These programs and
activities include setting licensure requirements for
dentists, and dental assistants, including examination
requirements, issue and renew licenses, issue special
permits, monitor probationer dentists and RDAs and manage a
Diversion Program for dentists and RDAs whose practice may
be impaired due to chemical dependency or mental illness.
DBC is composed of 14 members; eight practicing dentists,
two dental auxiliaries (registered dental hygienists and
RDA), and four public members. The eight licensed
dentists, the registered dental hygienist, the RDA, and two
public members are appointed by the Governor. The Speaker
of the Assembly and the Senate Rules Committee each get a
public member appointment. According to DBC, public
membership is 29 percent of the Board's composition.
Existing law allows the Legislature to conduct policy
review of regulatory boards within DCA. This review
includes an evaluation of a board's regulatory programs,
including staffing, enforcement, budgetary, examination,
and practice issues to ensure that consumer protection
remains the priority of these boards. This year, DBC was
reviewed by the Senate Business, Professions and Economic
Development Committee and an oversight hearing was held on
March 14, 2011. As part of this hearing, Committee staff
prepared an extensive background paper detailing various
issues and recommendations for the DBC.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Dental Assisting Council up to $60 up to
$120 up to $120 Special*
* State Dentistry Fund
SUPPORT : (Verified 5/24/11)
Dental Assisting Alliance
ARGUMENTS IN SUPPORT : The Dental Assisting Alliance
states that it supports replacing the Dental Assisting
Forum with a Dental Assisting Council that meets in
conjunction with other Board committees, and establishes
the Council as the sole entity making dental assisting
recommendations to DBC. As a result, the Alliance points
out, dental assisting matters will be much more efficiently
and effectively integrated into DBC's deliberations.
JJA:mw 5/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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