BILL ANALYSIS �
SB 540
Page 1
SENATE THIRD READING
SB 540 (Price)
As Amended September 1, 2011
Majority vote
SENATE VOTE :34-0
BUSINESS & PROFESSIONS 9-0
APPROPRIATIONS 17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Fuentes, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
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SUMMARY : Adds one additional public member to the Dental Board
of California (DBC) and extends DBC's sunset date to January 1,
2016. Specifically, this bill :
1)Deletes existing requirements related 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 its sunset, the DBC becomes subject to
review by the appropriate policy committees of the
Legislature.
3)Increases the size of the DBC by adding a public member,
appointed by the governor.
4)Requires DBC, by January 1, 2013, to comply with existing
statute that requires boards within the Department of Consumer
Affairs (DCA), including DBC, to adopt regulations requiring
licensees to provide notice to clients or customers that they
are licensed by the state, and includes certain specified
notice requirements.
5)Extends the sunset date of the appointment of DBC's executive
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officer to January 1, 2016.
6)Requires DBC to adopt written guidelines on how to make
probation assignments for licensees, and to ensure that
probationary and evaluation reports are conducted consistently
and regularly.
7)Deletes existing law provisions requiring a licentiate to sign
an agreement of understanding that the withdrawal or
termination from DBC's diversion program at a time when a
diversion evaluation committee determines the licentiate
presents a threat to the public's health and safety authorizes
DBC to use diversion treatment records in disciplinary or
criminal proceedings.
8)Requires that if a licentiate withdraws or is terminated from
DBC's diversion program for failure to comply or is determined
to be a threat to the public or his or her 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.
9)Requires the DBC's diversion program manager to immediately
notify DBC's enforcement program when a licentiate in a
diversion program tests positive for any banned substance, and
provide documentation evidencing the positive test result.
Authorizes this documentation's use in a disciplinary
proceeding.
10)Creates a Dental Assisting Council (Council) of DBC, to
consider all matters relating to registered dental assistants
(RDAs), and make recommendations to DBC including:
a) Requirements for RDA examination, licensure, permitting,
and renewal;
b) Standards and criteria for approval of dental assisting
educational programs, courses, and continuing education;
c) Allowable RDA duties, settings, and supervision levels;
d) Appropriate standards of conduct and enforcement for
RDAs; and,
e) Requirements regarding infection control.
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11)Requires DBC to appoint the RDA from the DBC, an additional
member of the DBC, and five RDAs, as specified, to the
Council.
12)Requires DBC, when appointing the five RDA members to the
Council, to consider recommendations submitted by any
incorporated, nonprofit professional society, association, or
entity whose membership is comprised of RDAs within the state.
Requires two of the RDA members to be employed as faculty
members of a registered dental assisting education program and
three of the RDA members, one of which is an RDA in extended
functions (RDAEF), to be employed clinically in private dental
practice or public safety net or dental health care clinic, as
specified.
13)Provides that no Council appointee shall have served
previously on the dental assisting forum or have any financial
interest in any RDA school.
14)Requires each Council member to meet certain existing
requirements and comply with conflict of interest
requirements, as specified.
15)Provides that each Council member term is four years, unless
otherwise exempted.
16) Requires DBC to approve, modify, or reject recommendations
by the Council within 90 days of submission to DBC.
Authorizes the Council to request DBC to provide its reasons
in writing for rejecting or significantly modifying the
recommendation within 30 days of the request.
17)Requires the DBC to make all the initial appointments to the
Council by May 1, 2012.
18)Requires the Council to select a chair to establish Council
agendas and serve as liaison to DBC, including reporting of
the Council recommendations to DBC.
19)Requires DBC, after considering Council recommendations, to
assign procedures, as specified, to the practical examination
for RDA or RDAEF licensure, instead of appointing a committee
to do so.
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20)Adds a January 1, 2015, sunset to the Dental Hygiene
Committee (Committee) of the Dental Board of California and
subjects the Committee to review by the appropriate policy
committees of the Legislature.
21)Clarifies the terms of membership of the Committee and
specifies that each member shall hold office until the
appointment and qualification of his or her successor or until
one year has lapsed since the expiration of the term for which
he or she was appointed, whichever comes first.
22)Provides that for the term commencing January 1, 2012, two of
the public members, the general or public health dentist
member, and two of the registered dental hygienist (RDH)
members, other than the dental hygiene education member or the
RDH member licensed in alternative practice or in extended
functions, shall each serve a term of two years, expiring
January 1, 2014.
23)Allows the Governor to appoint to the Committee a person who
previously served as member of the Committee even if his or
her previous term expired, as specified.
24)Requires DBC to consider recommendations by the Committee
regarding scope of practice issues, within 90 days of
submission to DBC, as specified.
25)Extends the sunset date of the California Dental Corps Loan
Repayment Program of 2002 from July 1, 2012, to until all the
moneys in the account are expended.
26)States legislative intent that any fees established by DBC in
effect on December 31, 2011, continue to apply on and after
January 1, 2012, until DBC changes those fees through
regulation, as specified.
27)Makes technical, conforming changes.
EXISTING LAW :
1)Specifies that DBC consists of eight practicing dentists, one
RDH, one RDA, and four public members, effective until January
1, 2012.
2)Requires every board within DCA, as specified, to initiate the
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process of adopting regulations on or before January 1, 1999,
requiring its "licentiates", as defined, to provide notice to
their clients or customers that they are licensed by this
state.
3)Prohibits a dentist from holding himself or herself out as a
specialist, unless certain specialization requirements are
met, for purposes of advertising.
4)Authorizes 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.
5)Requires DBC to establish criteria for the acceptance, denial,
or termination of licentiates in a DBC diversion program.
Requires licentiates to sign an agreement of understanding
that withdrawal or termination from the DBC diversion program
at a time when a diversion evaluation committee determines the
licentiate presents a threat to the public's health and safety
and authorizes DBC to use diversion treatment records in
disciplinary or criminal proceedings.
6)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 service in a "dentally underserved
area," as defined.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1) Approximately $13.5 million (State Dentistry Fund and
State Dental Assistants Fund) annually in regulatory costs
will continue to be incurred as a result of a provision
extending the sunset on the DBC. Under current law, the
board's operations would sunset on January 1, 2012.
2) Annual costs of $90,000 (special fund) associated with
operation of the Dental Assisting Council.
COMMENTS : 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 in
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California, including 35,500 dentists, 34,300 RDAs, and 1,300
RDAEFs. In addition, DBC is responsible for setting the duties
and functions of approximately 50,000 unlicensed dental
assistants. DBC implements regulatory programs and performs a
variety of functions to protect consumers. These programs and
activities include setting licensure requirements for dentists,
and RDAs, 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, one RDH, one RDA, and four public members. The eight
licensed dentists, the RDH, the RDA, and two public members are
appointed by the Governor. The Speaker of the Assembly and the
Senate Rules Committee each appoint a public member.
Analysis Prepared by : Rebecca May / B.,P. & C.P. / (916)
319-3301
FN: 0002471