Amended in Senate August 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2750

Introduced by Assembly Member Roger Hernández

March 13, 2014

An act to begin delete add Section 2066.5 to end delete begin insert amend Sections 1632 and 1632.5 of end insert the begin delete Labor end delete begin insert Business and Professions end insert Code, relating to begin delete car washes. end delete begin insert dentistry, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2750, as amended, Roger Hernández. begin delete Car washes. end delete begin insert Dentistry. end insert

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(1) The Dental Practice Act provides for the licensure and regulation of dentists and associated professions by the Dental Board of California within the Department of Consumer Affairs. The act requires each applicant for a license to practice dentistry to successfully complete specified examinations, including receiving a passing score on either a portfolio examination, as specified, or a clinical and written examination administered by the Western Regional Examining Board. Existing law requires that board to determine the passing score for that examination.

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This bill would additionally allow an applicant to satisfy that examination requirement by receiving a passing score on a clinical and written examination administered by the North East Regional Board of Dental Examiners, Inc., or an examination developed by the American Board of Dental Examiners, Inc. The bill would require those boards to determine the passing score for their respective examinations.

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(2) Existing law requires the department to periodically review the examination process of the Western Regional Examining Board. Existing law requires that the Western Regional Examining Board examination meet specified antidiscrimination mandates.

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This bill would additionally apply those provisions to the North East Regional Board of Dental Examiners, Inc. and the American Board of Dental Examiners, Inc.

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(3) This bill would declare that it is to take effect immediately as an urgency statute.

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Existing law regulates the employment practices of car washes, including providing specific recordkeeping requirements that employers of car washers must implement with regard to car washer wages, hours, and working conditions, under the enforcement authority of the Division of Labor Standards and Enforcement. Existing law requires employers of car washers to register with the Labor Commissioner and pay a specified registration fee, or be subject to a specified civil fine. Existing law also requires employers of car washers to post a $150,000 bond for the benefit of the state to compensate employees damaged by the employer’s nonpayment of wages, except as specified. Existing law also provides that a successor to an employer that owed wages and penalties to the predecessor’s employees is liable for those wages and penalties under specified circumstances.

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This bill would require a car wash employer to provide written notice to a successor employer regarding the above provisions prior to the sale or other transfer of the business.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 1632 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

1632.  

(a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National
Dental Examinations.

(b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed
and administered by the board. The board shall provide a separate
application for this examination. The board shall ensure that the
law and ethics examination reflects current law and regulations,
and ensure that the examinations are randomized. Applicants shall
submit this application and required fee to the board in order to
take this examination. In addition to the aforementioned
application, the only other requirement for taking this examination
shall be certification from the dean of the qualifying dental school
attended by the applicant that the applicant has graduated, or will
graduate, or is expected to graduate. Applicants who submit
completed applications and certification from the dean at least 15
days prior to a scheduled examination shall be scheduled to take
the examination. Successful results of the examination shall, as
established by board regulation, remain valid for two years from
the date that the applicant is notified of having passed the
examination.

(c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:

(1) A portfolio examination of the applicant’s competence to
enter the practice of dentistry. This examination shall be conducted
while the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination
shall utilize uniform standards of clinical experiences and
competencies, as approved by the board pursuant to Section 1632.1.
The applicant shall pass a final assessment of the submitted
portfolio at the end of his or her dental school program. Before
any portfolio assessment may be submitted to the board, the
applicant shall remit to the board a three hundred fifty dollar ($350)
fee, to be deposited into the State Dentistry Fund, and a letter of
good standing signed by the dean of his or her dental school or his
or her delegate stating that the applicant has graduated or will
graduate with no pending ethical issues.

(A) The portfolio examination shall not be conducted until the
board adopts regulations to carry out this paragraph. The board
shall post notice on its Internet Web site when these regulations
have been adopted.

(B) The board shall also provide written notice to the Legislature
and the Legislative Counsel when these regulations have been
adopted.

(2) A clinical and written examination administered by the
Western Regional Examining begin delete Board, which end delete begin insert Board or the North
East Regional Board of Dental Examiners, Inc., or an examination
developed by the American Board of Dental Examiners, Inc., or
a successor organization of any of those boards. The end insert board begin insert that
administered or developed an examination end insert shall determine the
passing score for that examination.

(d) Notwithstanding subdivision (b) of Section 1628, the board
is authorized to do either of the following:

(1) Approve an application for examination from, and to
examine an applicant who is enrolled in, but has not yet graduated
from, a reputable dental school approved by the board.

(2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled
in, but had not graduated from, a reputable dental school approved
by the board at the time the examination was administered.

In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).

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begin insert SEC. 2. end insert   

end insert

begin insert Section 1632.5 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

1632.5.  

(a) Prior to implementation of paragraph (2) of
subdivision (c) of Section 1632, the department’s Office of
Professional Examination Services shall review the Western
Regional Examining Board examination to ensure compliance
with the requirements of Section 139 and to certify that the
examination process meets those standards. If the department
determines that the examination process fails to meet those
standards, paragraph (2) of subdivision (c) of Section 1632 shall
not be implemented. The review of the Western Regional
Examining Board examination shall be conducted during or after
the Dental Board of California’s occupational analysis scheduled
for the 2004-05 fiscal year, but not later than September 30, 2005.
However, an applicant who successfully completes the Western
Regional Examining Board examination on or after January 1,
2005, shall be deemed to have met the requirements of subdivision
(c) of Section 1632 if the department certifies that the Western
Regional Examining Board examination meets the standards set
forth in this subdivision.

(b) The begin insert department, pursuant to Section 139, shall regularly
review the examination processes of the end insert Western Regional
Examining begin delete Board examination process shall be regularly reviewed
by the department pursuant to Section 139. end delete begin insert Board, the North East
Regional Board of Dental Examiners, and the American Board of
Dental Examiners. end insert

(c) The begin insert examinations of the end insert Western Regional Examining begin delete Board
examination end delete begin insert Board, the North East Regional Board of Dental
Examiners, and the American Board of Dental Examiners end insert shall
meet the mandates of subdivision (a) of Section 12944 of the
Government Code.

(d) As part of its next scheduled review by the Joint Committee
on Boards, Commissions, and Consumer Protection, the Dental
Board of California shall report to that committee and the
department on the pass rates of applicants who sat for the Western
Regional Examining Board examination, compared with the pass
rates of applicants who sat for the state clinical and written
examination administered by the Dental Board of California. This
report shall be a component of the evaluation of the examination
process that is based on psychometrically sound principles for
establishing minimum qualifications and levels of competency.

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begin insert SEC. end insert begin insert 3. end insert   

end insert begin insert

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

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In order to ease the dentist shortage in California created by
Covered California’s requirement that all children’s health plans
offer pediatric dental coverage as an essential health benefit, it is
necessary that this act take effect immediately.

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SECTION 1.  

Section 2066.5 is added to the Labor Code, to
read:

2066.5.  

An employer engaged in car washing and polishing
shall notify a successor with written notice of the provisions of
this part, including Section 2066, prior to the sale or other transfer
of the business.

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