BILL ANALYSIS �
SB 1202
Page 1
SENATE THIRD READING
SB 1202 (Leno and Wyland)
As Amended August 20, 2012
Majority vote
SENATE VOTE :38-0
BUSINESS & PROFESSIONS 9-0 APPROPRIATIONS
17-0
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|Ayes:|Hayashi, Bill Berryhill, |Ayes:|Gatto, Harkey, |
| |Allen, Butler, Eng, | |Blumenfield, Bradford, |
| |Hagman, Hill, Ma, Smyth | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Fuentes, |
| | | |Hall, Hill, Cedillo, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : Makes a number of changes regarding the licensure and
regulation of registered dental hygienists (RDHs), RDHs in
alternative practice (RDHAPs), and RDH's in extended functions by
the Dental Hygiene Committee of California (DHCC). Specifically,
this bill :
1)Allows an RDH licensed in another state to teach in a dental
hygiene college without being licensed in California if the RDH
holds a special permit, and authorizes the DHCC to issue a special
permit if the RDH has a contract to teach, has completed specified
education and examination requirements, and pays an application
fee subject to a biennial renewal fee, as specified.
2)Allows, rather than requires, the DHCC to approve educational
programs accredited by the Commission on Dental Accreditation
(CODA) of the American Dental Association and deletes language
specifying that the programs be in good standing with CODA.
3)Deletes language allowing DHCC to withdraw or revoke a dental
hygiene program approval if CODA has placed the program on
probationary status, and instead allows DHCC to withdraw or revoke
approval if CODA has indicated intent to withdraw approval or has
withdrawn approval.
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4)Requires an applicant for an RDH license to complete DHCC-approved
instruction in gingival soft tissue curettage, nitrous
oxide-oxygen analgesia, and local anesthesia.
5)Revises the requirements for issuing a California license to an
RDH licensed in another state by:
a) Requiring out-of-state experience to have been obtained in
the five years immediately preceding the application date;
b) Expanding information relating to prior disciplinary action,
to include any previously issued professional or vocational
license (not just a dental hygiene or dental license); and,
c) Expanding the types of exams for which an applicant must
provide proof of completion and of not failing more than once,
to include the examination given by the Western Regional
Examining Board or any other clinical dental hygiene
examination approved DHCC.
6)Prohibits an applicant for an RDH license who fails the clinical
examination three times, or who fails the examination as a result
of a single incidence of imposing gross trauma on a patient, from
being eligible to take the examination again until the applicant
completes remedial education approved by DHCC.
7)Authorizes an RDHAP to operate a mobile dental hygiene clinic, as
specified, and establishes an initial registration fee of up to
$150 and a biennial renewal fee of up to $250.
8)Requires an RDHAP to register his or her place or places of
practice with the DHCC within 30 days of licensure, and requires
an RDHAP who wishes to have more than one place of practice to
apply for DHCC permission and pay an initial fee of up to $250 and
a biennial renewal fee of up to $250.
9)Allows, rather than requires, DHCC to seek an injunction against
an RDHAP who violates a requirement to obtain a prescription prior
to rendering services, as specified.
10)Requires, rather than states legislative intent, that DHCC grant
or renew approval of educational programs that maintain
high-quality instructional standards and requires approval, where
appropriate, of programs that meet the minimum standards set by
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CODA or an equivalent body, as determined by DHCC.
11)Requires a new educational program for RDHs to submit a
feasibility study demonstrating a need for a new educational
program, and apply for approval from DHCC prior to seeking
approval for initial accreditation from CODA or an equivalent
body, as determined by DHCC. DHCC may approve, provisionally
approve, or deny approval of any such new educational program.
12)Defines a new educational program for RDHs to mean a program
provided by a college or institution of higher education that is
accredited by a regional accrediting agency recognized by the
United States Department of Education and that has as its primary
purpose providing college level courses leading to an associate or
higher degree, that is either affiliated with or conducted by a
dental school approved by the Dental Board of California (DBC), or
that is accredited to offer college level or college parallel
programs by the CODA or an equivalent body, as determined by DHCC.
13)Requires an approved dental hygiene educational program to
register an extramural dental facility with DHCC, as specified,
and defines extramural dental facility to mean any clinical
facility that has contracted with an approved dental hygiene
educational program for instruction in dental hygiene, that exists
outside or beyond the walls, boundaries, or precincts of the
primary campus of the approved program and in which dental hygiene
services are rendered.
14)Increases maximum fee amounts as follows:
a) Application for an original license, up to $250 (from $50);
b) Biennial license renewal, up to $160 (from $80); and,
c) Curriculum review and site evaluation for dental hygiene
educational programs, up to $2,100 (from $1,400).
15)Establishes new maximum fees as follows:
a) Registration of an extramural dental facility, up to $250;
b) Registration of a mobile dental hygiene unit, up to $150;
c) Biennial renewal for a mobile dental hygiene unit, up to
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$250;
d) Additional office permit, up to $250;
e) Biennial renewal for an additional office, up to $250; and,
f) Initial application and biennial renewal for a special
permit, equal to the biennial license renewal fee (up to $250).
16)Clarifies that the fee for certification of licensure shall not
exceed one-half of the renewal fee.
17)Makes technical and conforming changes.
FISCAL EFFECT : According to the Assembly Appropriations Committee:
1)One-time costs for development and promulgation of regulations and
standards related to approval of educational programs,
registration of places of practice and mobile clinics for RDH-APs,
and registration of extramural dental facilities, as well as
workload analysis to support fee increases, in the range of
$80,000.
2)One-time costs in the range of $100,000 to modify informational
technology (IT) systems to support a number of changes made by
this bill.
3)Likely minor ongoing costs, under $50,000, to manage various new
requirements and to exercise the additional authority granted to
the committee by this bill.
4)All costs would be funded through the Dental Hygiene special fund.
As this bill raises statutory maximum levels for existing fees
and creates statutory maximum levels for new fees, additional
revenue will not be generated until the committee increases fees
by resolution as authorized under existing law. However,
additional costs related to this bill are expected to be fully
covered by increased fee revenue.
COMMENTS : This bill is a follow-up measure to legislation from
2008, which created the DHCC and shifted oversight of dental hygiene
from the DBS to DHCC. It provides a number of changes and updates
to the statutes governing the DHCC and its regulatory authority.
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Analysis Prepared by : Angela Mapp / B.,P. & C.P. / (916) 319-3301
FN:
0005043