Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__176099INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-09</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1760</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Arambula</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Arambula</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 1621, 1628, 1633, 1635.5, 1638.1, 1724, 1750.1, 1753, 1753.5, 1754.5, and 1755 of, and to repeal Section 1632.6 of, the Business and Professions Code, relating to healing arts. </ns0:Title>
<ns0:RelatingClause>healing arts</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Dentistry.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law, the Dental Practice Act, establishes the Dental Board of California to license and regulate the practice of dentistry, including the licensure and regulation of dental auxiliaries, including, among others, dental assistants, as defined, and sets forth duties and functions that those dental auxiliaries are authorized to perform. Existing law requires the board to require an applicant for licensure to successfully complete certain examinations. Existing law imposes certain requirements to take an examination, including a requirement to furnish satisfactory evidence of financial responsibility or liability insurance for certain dental patient injuries, as specified.</html:p>
<html:p>This bill would delete the requirement to furnish satisfactory evidence of financial responsibility or liability insurance for certain dental patient injuries.</html:p>
<html:p>Existing law also requires an applicant to furnish satisfactory evidence of having graduated from a dental college approved by the board or by the Commission on Dental Accreditation of the American Dental Association (CODA). Certain additional requirements for a degree issued by a foreign dental school depend on whether the school was approved by the board, as specified. Since January 1, 2024, existing law requires foreign dental schools seeking board approval to complete the international consultative and accreditation process with CODA or a comparable board-approved accrediting body. Existing law exempts a foreign dental school whose program approval was renewed by the board before January 1, 2020, through any date between January 1, 2024, and June 30, 2026.</html:p>
<html:p>This bill would update cross-references to clarify that an applicant is not prohibited from taking an examination for licensure because their foreign dental school
program was exempt from the accreditation requirement, as described above.</html:p>
<html:p>Existing law exempts an applicant from reexamination on a subject for which the applicant, in an examination taken in the prior 2 years, received a grading of 85% or above. Existing law requires an applicant, after 3 failed attempts to pass an examination, to successfully complete a minimum of 50 hours of education for each failed subject, as specified.</html:p>
<html:p>This bill would revise the subject reexamination exemption to instead require a grading of pass. The bill would remove the above-described education requirement for reexamination, and would instead require an applicant to retake the entire examination after 3 failed attempts at a section of the examination.</html:p>
<html:p>Existing law authorizes the board to grant a license to an applicant who has not taken an examination if the applicant, among other things, submits proof,
under penalty of perjury, that the applicant has certain credentials. With regard to those required credentials, existing law specifies that the applicant has either been in active clinical practice out of state, as described, has been engaged in full-time nonclinical practice requiring an active dentist’s license for an out of state public health program, as described, for at least 5 years immediately preceding the application, or has been a full-time faculty member in an accredited dental education program and in active clinical practice for a total of at least 5,000 hours within the past 5 years immediately preceding the date of the application.</html:p>
<html:p>This bill would revise and recast that credential requirement to clarify that 5,000 hours of clinical practice is required of an applicant who has been in active clinical practice out of state or an applicant who has been a full-time faculty member, as described above. For an applicant whose credentials are based on
engagement in nonclinical practice for an out-of-state public health program, as described above, the bill would instead require the applicant to have been engaged in that practice for a minimum average of 40 hours per week, as specified. The bill would require each of the 3 above-described types of applicants to submit certain documentation verifying compliance with the applicable requirements described above. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.</html:p>
<html:p>Existing law authorizes an applicant to meet the clinical practice requirement described above by submitting documentation that the applicant has agreed to teach or practice dentistry in California for a minimum average of 40 hours per week for 2 years in at least one accredited dental education program approved by the board.</html:p>
<html:p>This bill would revise that provision by removing the requirement that the dental education
program be approved by the board, and instead specifying that the program be accredited by CODA.</html:p>
<html:p>Existing law requires a dentist to possess an elective facial cosmetic surgery permit in order to perform specified procedures. One category of those procedures is cosmetic contouring of the osteocartilaginous facial structure, and another category is cosmetic contouring or rejuvenation of the facial soft tissue, as specified. In this regard, existing law authorizes the board to issue a permit that authorizes the dentist to perform one or both of those categories of elective facial cosmetic surgical procedures. Existing law requires the board to appoint a credentialing committee to review the qualifications of an applicant for a permit and, upon completion of review, recommend to the board whether or not to issue a permit to the applicant. Under existing law, permits issued by the board may be unqualified, entitling the permitholder to perform either category of elective
facial cosmetic surgical procedures, or may contain limitations if the committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or the applicant has not requested to be permitted for both categories.</html:p>
<html:p>This bill would delete the above-described provisions relating to the limitations that may be imposed on that permit, and would instead authorize the committee to recommend that an applicant who has applied for a permit to perform both categories of procedures be issued a permit limited to one category if the committee is not satisfied that the applicant has the training or competence to perform both categories of procedures. The bill would specify that the committee serves at the pleasure of the board, and would authorize the board to remove any member of the committee for continued neglect of duties required by law, incompetence, or unprofessional or dishonorable conduct. The bill would authorize the board
to convene in closed session to consider any evidence relating to the removal of a member of the committee, as specified.</html:p>
<html:p>Existing law imposes a fee on an applicant for licensure as a dentist in an amount equal to $1,500 or $1,000 depending on whether the applicant took and received a passing score on the clinical and written examination administered by the Western Regional Examining Board or the clinical and written examination developed by the American Board of Dental Examiners, Inc., as specified.</html:p>
<html:p>This bill would instead impose a fee on an applicant for licensure as a dentist in an amount equal to $1,000 regardless of which examination the applicant took and received a passing score on.</html:p>
<html:p>Existing law authorizes a registered dental assistant in extended functions licensed on or after January 1, 2010, to perform specified procedures under direct supervision and pursuant to the
order, control, and full professional responsibility of a licensed dentist, including gingival retraction for impression and restorative procedures.</html:p>
<html:p>This bill would add polishing and contouring existing amalgam restorations to that list of authorized duties and make conforming changes.</html:p>
<html:p>Existing law requires a person seeking licensure as a registered dental assistant in extended functions to meet certain eligibility requirements, including completion of an extended functions postsecondary program approved by the board, as specified. If the applicant completes a program that teaches the duties that registered dental assistants in extended functions were allowed to perform pursuant to board regulations before January 1, 2010, existing law also requires the applicant to complete a course approved by the board in a list of specified procedures.</html:p>
<html:p>This bill would revise the list of
procedures required to be covered by that course. Specifically, the bill would remove taking final impressions for permanent indirect restorations, would add performing post, core, and build-up procedures in conjunction with direct and indirect restorations, and would add polishing and contouring existing amalgam restorations.</html:p>
<html:p>Existing law establishes various requirements for courses in radiation safety and infection control for certain dental auxiliaries, including that the course establish specific instructional objectives, utilize objective evaluation criteria for measuring student progress, and meet certain requirements related to duration of instruction.</html:p>
<html:p>Existing regulations require a dental assisting program or course to meet certain criteria to secure and maintain board approval, including that the program or course director actively participate in, and be responsible for, the administration of the program or course,
as specified. Existing regulations authorize the board to approve, provisionally approve, or deny approval of a program or course, as specified. Existing regulations impose specific requirements on a radiation safety course for board approval, including that the course provide no fewer than 32 clock hours of instruction, including at least 8 hours of didactic instruction, at least 12 hours of laboratory instruction, and at least 12 hours of clinical instruction. Existing regulations also impose specific requirements on a course in infection control for board approval, including that each student pass a written examination that reflects the curriculum content, which may be administered at intervals throughout the course as determined by the director.</html:p>
<html:p>This bill would modify the requirements for courses in radiation safety and infection control, and would codify those regulations with certain modifications, including, among other things, requiring that provisional
approval for a course in radiation safety or infection control expire after one year or upon subsequent board approval or denial, whichever occurs first, and that the board provide, in writing, the specific reasons for provisionally approving or denying a course to the course director within 90 days of that decision. The bill would authorize the board to, in lieu of conducting its own investigation for a course in radiation safety, accept the findings of a commission or accreditation agency approved by the board, or its designee, and adopt those findings as its own.</html:p>
<html:p>This bill would authorize didactic instruction to be provided through distance learning modalities and would require providers to meet specified requirements, including providing technological assistance to students, as needed, to participate in instruction, and requiring didactic instruction to be completed before a student participates in laboratory instruction. The bill would require the course
provider to, among other things, notify prospective students of the computer or communications technology necessary to participate in didactic and laboratory instruction.</html:p>
<html:p>This bill would also make nonsubstantive changes, including removing obsolete references to repealed provisions of the Dental Practice Act. </html:p>
<html:p>Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.</html:p>
<html:p>This bill would make legislative findings to that effect.</html:p>
<html:p>The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_7BE2AF41-A7F0-4E61-8A08-A5425E02B704">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1621.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1621 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_DDC32A73-6673-4E9C-9001-DA6C3A240E79">
<ns0:Num>1621.</ns0:Num>
<ns0:LawSectionVersion id="id_C83F626A-8908-4336-A7AD-4B8A98B02CE8">
<ns0:Content>
<html:p>The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Possession of a valid license to practice dentistry in this state or possession of a valid license in one of the registered dental assistant categories licensed under this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Practice as a licensed dentist or in a licensure category described in subdivision (a) for at least five years preceding the examiner’s appointment.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Hold no position as an officer or faculty member at any college, school, or institution that provides instruction in the same licensure category as that held by the examiner.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_FBC2544A-DB17-4094-A8BB-E0E125484D5A">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1628.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1628 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_69208F27-E614-478A-9D22-BB654DE1EEE0">
<ns0:Num>1628.</ns0:Num>
<ns0:LawSectionVersion id="id_23210E3A-15EB-482A-AF3D-D8D1F55666E6">
<ns0:Content>
<html:p>Any person over 18 years of age is eligible to take an examination before the board upon making application therefor and meeting all of the following requirements:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
Paying the fee for applicants for examination provided by this chapter.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Furnishing satisfactory evidence of having graduated from a dental college approved by the board or by the Commission on Dental Accreditation of the American Dental Association and presenting satisfactory evidence of having completed at dental school or schools the full number of academic years of undergraduate courses required for graduation. For purposes of this article, “dental college approved by the board” or “approved dental school” include a foreign dental school accredited by a
body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
If the applicant has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school, the applicant shall furnish all of the
following documentary evidence to the board:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
That the applicant has completed, in a dental school or schools approved by the board pursuant to Section 1636.5 or accredited pursuant to Section 1636.4, a resident course of professional instruction in dentistry for the full number of academic years of undergraduate courses required for graduation.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Subsequent thereto, the applicant has been issued by the dental school a dental diploma or a dental degree, as evidence of the successful completion of the course of dental instruction required for graduation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
An
applicant who has been issued a dental diploma from a foreign dental school that has not, at the time of the applicant’s graduation from the school, been approved by the board
pursuant to Section 1636.5 or accredited pursuant to Section 1636.4 shall not be eligible for examination until the applicant has successfully completed a minimum of two academic years of education at a dental college approved by the board pursuant to Article 1 (commencing with Section 1024) of Chapter 2 of Division 10 of Title 16 of the California Code of Regulations and has been issued a degree of doctor of dental medicine or doctor of dental surgery or its equivalent. This subdivision shall not apply to applicants who have successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who have successfully completed the requirements of Section 1628.2 on or before December 31, 2008. An applicant who has successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who has successfully completed the
requirements of Section 1628.2 on or before December 31, 2008, shall be eligible to take the examination required by Section 1632, subject to the requirement set forth in
subdivision (b) of Section 1633.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Subdivisions
(c) and (d) do not apply to a person who has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school accredited by a body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_A6CE4779-9295-4757-9D05-91C7B1392331">
<ns0:Num>SEC. 3.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1632.6.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1632.6 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is repealed.
</ns0:ActionLine>
<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_25195036-94B8-465D-A41E-32BEAF4BAE7B">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1633.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1633 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_F5633B7D-B188-408E-8087-C04C1F05146D">
<ns0:Num>1633.</ns0:Num>
<ns0:LawSectionVersion id="id_DDEC48C6-DDC3-4DA3-AB77-C15104345977">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
When an applicant for a license has received a grading of pass in any given subject, the applicant shall be exempt from reexamination on that subject in subsequent examinations before the board within two years after the examination on which the applicant received the exemption.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a) and Section 135, if an applicant fails a section of an examination required by Section 1632 after three attempts to successfully complete that section, the applicant shall retake the entire examination on subsequent attempts.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_47576453-91A8-4633-8178-8C309BE8D652">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1635.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1635.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_AAC433FF-7F0C-443F-838D-DAD35D7A5684">
<ns0:Num>1635.5.</ns0:Num>
<ns0:LawSectionVersion id="id_E127049E-787C-48B9-A25B-916B9A7A8F2F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding Section 1634, the board may grant a license to practice dentistry to an applicant who has not taken an examination before the board, if the applicant submits all of the following to the board:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A completed application form and all fees required by the board.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Proof of an active and unrestricted license issued by another state, district, or territory of the United States to practice dentistry that is not subject to any current or pending disciplinary action such as revocation, suspension, or probation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Proof of one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
That the applicant has been in active
clinical practice in another state, district, or territory of the United States for a total of at least 5,000 hours within the past five years immediately preceding the date of the application. The applicant shall submit written documentation, executed by a licensed dentist who has knowledge of the applicant’s hours of practice or, if the applicant is in active clinical practice as a solo practitioner, executed by the applicant, verifying compliance with this requirement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
That the applicant has been a full-time faculty member in an accredited dental education program and in active clinical practice for a total of at least 5,000 hours within the past five years immediately preceding the date of the application. The applicant shall submit written documentation, executed by the director, administrator, or other authorized representative of the dental education program, verifying the applicant’s compliance with this requirement.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
That the applicant has been engaged in full-time nonclinical practice requiring an active dentist’s license for federal, state, or local public health programs in another state, district, or territory of the United States for a minimum average of 40 hours per week for at least five years immediately preceding the date of the application. The applicant shall submit written documentation, executed by the director, administrator, or other authorized representative of the public health program, verifying the applicant’s compliance with this requirement.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The active clinical practice requirement prescribed by clauses (i) and (ii) of subparagraph (A) may be met by submitting documentation showing any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
That the applicant has completed a residency training program accredited by the American Dental Association Commission on Dental Accreditation, including, but not limited to, a general practice residency, an advanced education in general dentistry program, or a training program in a specialty recognized by the American Dental
Association. The applicant may receive credit of 1,000 hours for each year, up to 2,000 hours, of clinical practice completed in the residency training program.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
That the applicant has agreed to practice dentistry full time for a minimum of 32 hours per week for two years in at least one primary care clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code or primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and
Safety Code, or a clinic owned or operated by a public hospital or health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code. The applicant shall submit written documentation, executed by the authorized agent of the clinic, verifying compliance with this requirement. The board may periodically request verification of compliance with these requirements.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
That the applicant has agreed
to teach or practice dentistry in California for a minimum average of 40 hours per week for two years in at least one
dental education program
accredited by the Commission on Dental Accreditation of the American Dental Association. The applicant shall submit written documentation, executed by the authorized agent of the program, verifying compliance with this requirement. The board may periodically request verification of compliance with these requirements.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Proof that the applicant has not been subject to disciplinary action by any state in which the applicant is or has been previously licensed to practice dentistry. If the applicant has been subject to disciplinary action, the board shall review that action to determine if it presents sufficient evidence of a violation of Article 4 (commencing with Section 1670) to warrant the submission of additional information from the applicant or the denial of the application for licensure.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A signed release allowing the disclosure of
information from the National Practitioner Data Bank and the verification of registration status with the federal Drug Enforcement Administration. The board shall review this information to determine if it presents sufficient evidence of a violation of Article 4 (commencing with Section 1670) to warrant the submission of additional information from the applicant or the denial of the application for licensure.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Proof that the applicant has not failed a state, regional, or national examination for licensure to practice dentistry under this chapter within five years prior to the date of the application for a license under this section. If the applicant subsequently passed the examination for licensure, the prior failure shall not make the applicant ineligible under this paragraph.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
An acknowledgment by the applicant executed under penalty of perjury and automatic forfeiture of
license, of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
That the information provided by the applicant to the board is true and correct, to the best of their knowledge and belief.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
That the applicant has not been convicted of an offense involving conduct that would violate Section 810.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Documentation of 50 units of continuing education completed within two years of the date of the application under this section. The continuing education shall include the mandatory coursework prescribed by the board pursuant to subdivision (b) of Section 1645.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Any other information as specified by the board to the extent it is required of applicants for licensure by examination under this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board shall
provide in the application packet to each out-of-state dentist pursuant to this section the following information:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The location of dental personnel shortage areas that exist in the state.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Those not-for-profit clinics and public hospitals seeking to contract with licensees for dental services.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board is authorized to contract with a third party or parties to review applications filed under this section and to advise the board as to whether the applications are complete. The contracting party, its agents, and its employees shall agree to be bound by all provisions of law applicable to the board, its members, and staff, governing custody and confidentiality of materials submitted by applicants for licensure.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The board may issue a temporary, restricted license, valid for two years, to
an applicant qualified under
clause (ii) or (iii) of subparagraph (B) of paragraph (3) of subdivision (a), that authorizes the holder to practice dentistry only in the facilities described in clause (ii) of subparagraph (B) of paragraph (3) of subdivision (a) or only to practice or teach dentistry at the accredited dental education programs described in clause (iii) of subparagraph (B) of paragraph (3) of subdivision
(a), as applicable. The board shall immediately revoke the temporary license issued pursuant to this subdivision upon a finding that the requirements of clause (ii) or (iii) of subparagraph (B) of paragraph (3) of subdivision (a), as applicable, have not been met. Upon revocation of the license, the board shall issue a notice of revocation that shall require the licensee to immediately cease dental practice. Upon the licensee’s completion of the license requirements under this section and the expiration of the two-year term, all location restrictions on the license shall be removed and an unrestricted license shall be issued.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A license issued pursuant to this section shall be considered a valid, unrestricted license for purposes of Section 1972.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_3F454D31-27EA-4D97-B24D-A895D8CA16F2">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.4.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1638.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1638.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_326EDE19-2924-4577-8B48-FA1BAEB8221B">
<ns0:Num>1638.1.</ns0:Num>
<ns0:LawSectionVersion id="id_1AB61ED2-6D37-4BEE-9BAB-34353D578480">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A dentist shall possess a current license in good standing and an elective facial cosmetic surgery permit to perform elective facial cosmetic surgical procedures authorized by this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The board may issue an elective facial cosmetic surgery permit to perform one of the following categories of elective facial cosmetic surgical procedures:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Cosmetic contouring or rejuvenation of the facial soft tissue, which may include, but is not limited to, facelift, blepharoplasty, facial skin
resurfacing, or lip augmentation.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Procedures under both paragraphs (1) and (2).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A licensee who desires to perform elective facial cosmetic surgery shall apply to the board on an application form prescribed by the board and submit all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Proof that the licensee has satisfied all of the criteria specified in either subparagraph (A) or (B):
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The licensee is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial
Surgery.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A letter from the program director of the accredited residency program, or from the director of a postresidency fellowship program accredited by the Commission on Dental Accreditation of the American Dental Association, stating that the licensee has the education, training, and competence necessary to perform the surgical procedures set forth in paragraph (1), (2), or (3) of subdivision (b) that the licensee has notified the board the licensee intends to perform.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Documentation of at least 10 operative reports from residency training or proctored surgical procedures performed at minimum in the role of surgical first assistant within five years from the date of application for each category of permit set forth in paragraph (1) or (2) of subdivision (b) for which the licensee seeks a permit. If the licensee seeks a permit set forth in paragraph (3) of subdivision
(b), the licensee shall submit 10 operative reports for each category specified in paragraphs (1) and (2) of subdivision (b). Each operative report shall indicate all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Name of the licensee.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Category of procedure and specific type of procedure performed.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Date of the procedure.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The role in which the licensee participated in the procedure.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Documentation showing the surgical privileges the licensee possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The licensee has been granted privileges by the
medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraphs (1) to (3), inclusive, of subdivision (b) at that hospital.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Documentation described in clause (iii) of subparagraph (A).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Proof that the licensee is on active status on the staff of a general acute care hospital and maintains the necessary privileges based on the bylaws of the hospital to maintain that status.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The application shall be accompanied by an application fee required by the board for an initial permit. The fee to renew a permit shall not exceed the maximum amount prescribed in Section 1724.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The board shall appoint a credentialing committee to review the qualifications of each applicant for
a permit. Upon completion of the review of an applicant, the committee shall make a recommendation to the board on whether to issue or not issue a permit to the applicant. If the credentialing committee is not satisfied that an
applicant who has applied for a permit pursuant to paragraph (3) of subdivision (b) has the training or competence to perform
both categories of procedures described in paragraphs (1) and (2) of subdivision (b), the credentialing committee may recommend issuance of a permit limited to procedures of one category authorized by either paragraph (1) or (2) of subdivision (b).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The credentialing committee shall be comprised of five members, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A physician and surgeon with a specialty in plastic and reconstructive surgery who maintains active status on the staff of a licensed general acute care hospital in this state.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A physician and surgeon with a specialty in otolaryngology who maintains active status on the staff of a licensed general acute care hospital in this state.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Three oral and maxillofacial surgeons licensed by
the board who are board certified by the American Board of Oral and Maxillofacial Surgeons, and who maintain active status on the staff of a licensed general acute care hospital in this state, at least one of whom shall be licensed as a physician and surgeon in this state. Two years after the effective date of this section, any oral and maxillofacial surgeon appointed to the committee who is not licensed as a physician and surgeon shall hold a permit pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The Medical Board of California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The California Dental Association.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The California Association of Oral and
Maxillofacial Surgeons.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The California Medical Association.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The California Society of Plastic Surgeons.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Any other source that the board deems appropriate.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The credentialing committee shall meet at a time and place directed by the board to evaluate applicants for permits. A quorum of three members shall be required for the committee to consider applicants and make recommendations to the board.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Each member of the credentialing committee shall serve at the pleasure of the board, and the board may vote to remove any member of the credentialing committee for continued neglect of duties
required by law, incompetence, or unprofessional or dishonorable conduct. Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), the board may convene in closed session to consider any evidence relating to the removal of a member of the credentialing committee. The board shall only convene in closed session to the extent that it is necessary to protect the privacy of the member of the credentialing committee.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The board may adopt regulations for the issuance of the permit that it deems necessary to protect the health, safety, and welfare of the public.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A licensee shall
only perform
an elective facial cosmetic surgical procedure at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission, the Accreditation Association for Ambulatory Health Care (AAAHC), the Medicare Program, or an accreditation agency approved by the Medical Board of California pursuant to subdivision (g) of Section 1248.1 of the Health and Safety Code.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For purposes of this section, the following terms shall have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Elective cosmetic surgery” means any procedure defined as cosmetic surgery in subdivision (d) of Section 1367.63 of the Health and Safety Code, and excludes any procedure that constitutes reconstructive surgery, as defined in subdivision
(c) of Section 1367.63 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Facial” means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless the permitholder has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A holder of a permit shall comply with the requirements of subparagraph (D) of paragraph (2) of subdivision (a) of Section 1248.15 of the Health and Safety Code, and the reporting requirements specified in Section 2240, with respect to any surgical procedure authorized by this section, in the same manner as a physician
and surgeon.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the person’s permit, license, or both, or the person may be reprimanded or placed on probation. Proceedings initiated by the board under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
A permit issued pursuant to this section shall be valid for a period of two years and must be renewed by the permitholder at the time the dentist license is renewed.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
A permitholder shall
complete 24 hours of approved courses of study related to elective cosmetic surgery as a condition of renewal of a permit. Those courses of study shall be credited toward the total continuing education hours required by the board pursuant to Section 1645.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Permits issued prior to January 1, 2025, that limit the type of procedure under the general permit category provided under paragraph (1) or (2) of subdivision (b) authorized to be performed by the permitholder shall not be renewed. This subdivision shall not apply to a permit that authorized the permitholder to practice any procedure under the general permit category specified under paragraph (1) or (2) of subdivision (b). The permitholder who seeks to continue performing the procedure previously limited by the permit shall submit an application to the board for issuance of a new permit under paragraphs (1) to (3), inclusive, of subdivision (b) and the board may request the
permitholder to submit additional documentation demonstrating the permitholder’s competency for issuance of
that permit. The application shall be treated as a renewal application for purposes of subdivision (m) of Section 1724.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
On or before January 1, 2025, and every four years thereafter, the board shall report to the appropriate committees of the Legislature on all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The number of persons licensed pursuant to Section 1634 who apply to receive a permit to perform elective facial cosmetic surgery from the board pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The number of complaints filed by or on behalf of patients who have received elective facial cosmetic surgery by persons who have received a permit from the
board to perform elective facial cosmetic surgery.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Action taken by the board resulting from complaints filed by or on behalf of patients who have received elective facial cosmetic surgery by persons who have received a permit from the board to perform elective facial cosmetic surgery.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
As used in this section, “good standing” means the license is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_E41FEB26-379D-42B8-A5C2-4781355C7489">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1724.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1724 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3FA70191-4E25-4BB0-A771-DBF5D37EC97F">
<ns0:Num>1724.</ns0:Num>
<ns0:LawSectionVersion id="id_12B1FA7F-33C3-4B85-BFC0-48C1B31F2141">
<ns0:Content>
<html:p>The amount of charges and fees for dentists licensed pursuant to this chapter shall be established by the board as is necessary for the purpose of carrying out the responsibilities required by this chapter as it relates to dentists, subject to the following limitations:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The fee for an application for licensure qualifying pursuant to paragraph (1) or (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars
($1,000).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The fee for an initial license and for the renewal of a license is five hundred twenty-five dollars ($525). On and after January 1, 2016, the fee for an initial license shall not exceed six hundred fifty dollars ($650), and the fee for the renewal of a license shall not exceed six hundred fifty dollars ($650). On and after January 1, 2018, the fee for an initial license shall not exceed eight hundred dollars ($800), and the fee for the renewal of a license shall not exceed eight hundred dollars ($800).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The fee for an application for a special permit shall not exceed one thousand dollars ($1,000), and the renewal fee for a special permit shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The delinquency fee shall be 50 percent of the renewal fee for such a license or permit in effect on the date of the renewal of the license or permit.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The fee for an application for an additional office permit shall not exceed seven hundred fifty dollars ($750), and the fee for the renewal of an additional office permit shall not exceed three hundred seventy-five dollars ($375).
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The fee
for issuance of a replacement pocket license, replacement wall certificate, or replacement engraved certificate shall not exceed one hundred twenty-five dollars ($125).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
The fee for an application for an elective facial cosmetic surgery permit shall not exceed four thousand dollars ($4,000), and the fee for the renewal of an elective facial cosmetic surgery permit shall not exceed
eight hundred dollars ($800).
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The fee for an application for an oral and maxillofacial surgery permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral and maxillofacial surgery permit shall not exceed one thousand two hundred dollars ($1,200).
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The fee for an application for a general anesthesia permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a general anesthesia permit shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The fee for an onsite inspection and evaluation related to a general anesthesia or moderate sedation permit shall not exceed four thousand five hundred dollars ($4,500).
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
The fee for an application for a moderate sedation permit shall not exceed one
thousand dollars ($1,000), and the fee for the renewal of a moderate sedation permit shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
The fee for an application for an adult oral conscious sedation certificate shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an adult oral conscious sedation certificate shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
The fee for an application for a pediatric minimal sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric minimal sedation permit shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
The fee for an application for a pediatric endorsement for a general anesthesia permit or moderate sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a pediatric
endorsement shall not exceed six hundred dollars ($600).
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_2504E069-6D61-46C8-9BF0-F083A35E660B">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1750.1.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1750.1 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3052CBDE-AB78-4376-8587-E68F186D49E8">
<ns0:Num>1750.1.</ns0:Num>
<ns0:LawSectionVersion id="id_9C08E466-22F1-4C4C-9EA2-B2AD1F84907E">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A dental assistant may perform the following duties under the general supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Extraoral duties specified by the supervising licensee that meet the definition of a basic supportive dental procedure specified in subdivision (b) of Section 1741. These duties may include a procedure that requires the use of personal protective equipment, laboratory functions, and sterilization and disinfection procedures described in Section 1005 of Title 16 of the California Code of Regulations and Section 5193 of Title 8 of the California Code of Regulations.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Operate dental radiography equipment for the
purpose of oral radiography if the dental assistant has complied with the requirements of paragraph
(3) of subdivision (f) of Section 1750.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Perform intraoral and extraoral photography.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A dental assistant may perform the following duties under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Apply nonaerosol and noncaustic topical agents, including all forms of topical fluoride.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Take intraoral impressions for all nonprosthodontic appliances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Take facebow transfers and bite registrations.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Place and remove rubber dams or other isolation devices.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Place, wedge, and remove matrices for restorative procedures.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Remove postextraction dressings after inspection of the surgical site by the supervising licensed dentist.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Perform measurements for the purposes of orthodontic treatment.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Cure dental materials with a light curing device.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Examine orthodontic appliances.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Place and remove orthodontic separators.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Remove ligature ties and archwires.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
After adjustment by the dentist, examine and seat removable orthodontic appliances and deliver care instructions to the
patient.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
Remove periodontal dressings.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
Remove sutures after inspection of the site by the dentist.
</html:p>
<html:p>
(15)
<html:span class="EnSpace"/>
Place patient monitoring sensors.
</html:p>
<html:p>
(16)
<html:span class="EnSpace"/>
Adjust the flow of nitrous oxide and oxygen gases if deemed necessary and directed by the supervising dentist who shall be present in the operatory directly supervising the adjustment.
</html:p>
<html:p>
(17)
<html:span class="EnSpace"/>
Extraoral functions specified by the supervising dentist that meet the definition of basic supportive dental procedures specified in subdivision (b) of Section 1741.
These duties may include patient monitoring, placing monitoring sensors, taking of vital signs, or other extraoral procedures related to the scope of their practice.
</html:p>
<html:p>
(18)
<html:span class="EnSpace"/>
In response to a medical emergency and under the direct supervision, order, control, and full professional responsibility of the licensed dentist, a dental assistant may administer or assist in the administration of oxygen.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The board may specify additional allowable duties by regulation.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The duties of a dental assistant or a dental assistant holding a permit in orthodontic assisting or in dental sedation shall not include any of the following procedures unless specifically allowed by law:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Diagnosis and comprehensive treatment
planning.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Placing, finishing, or removing permanent restorations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Surgery or cutting on hard and soft tissue including, but not limited to, the removal of teeth and the cutting and suturing of soft tissue.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Prescribing medication.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Starting the flow of nitrous oxide and oxygen gases.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Administration of local or general anesthesia or sedation.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Unless otherwise permitted in this section, the duties of a dental assistant do not include any duty or procedure that only a registered dental assistant, registered dental assistant in extended functions, orthodontic assistant, dental sedation assistant, registered
dental hygienist, or registered dental hygienist in alternative practice is allowed to perform.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The placement of pit and fissure sealants may only be performed by a registered dental assistant, registered dental assistant in extended functions, registered dental hygienist, or registered dental hygienist in alternative practice.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_9513B423-45C2-4499-A259-41C53F693EBE">
<ns0:Num>SEC. 9.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1753.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1753 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_716E1DCB-1E4E-400A-B062-37CCFF5C8966">
<ns0:Num>1753.</ns0:Num>
<ns0:LawSectionVersion id="id_049E6FF0-D8AF-4EC0-A98F-423BB9252B1F">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
On and after January 1, 2010, the board may license as a registered dental assistant in extended functions a person who files a completed application, pays the applicable fee, and submits written evidence, satisfactory to the board, of all of the following eligibility requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Current, active, and valid licensure as a registered dental assistant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A full set of fingerprints for purposes of conducting a criminal history check.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Successful completion of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An extended functions postsecondary program approved by the board in all of
the procedures specified in Section 1753.5.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
An extended functions postsecondary program approved by the board to teach the duties that registered dental assistants in extended functions were allowed to perform pursuant to board regulations prior to January 1, 2010, and a course approved by the board in the procedures specified in paragraphs (1), (2), (5), (6), and (8) to (12), inclusive, of subdivision (b) of Section 1753.5.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Current certification in basic life support issued by American Red Cross, American Heart Association, American Safety and Health Institute, American Dental Association’s Continuing Education Provider Recognition Program, or Academy of General Dentistry’s Program Approval for Continuing Education.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Successful completion of a board-approved pit and fissure sealant course.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Passage of a written examination administered by the board, or its designee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A
registered dental assistant in extended functions with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an “RDAEF with orthodontic assistant permit,” or “RDAEF with dental sedation assistant permit,” as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant in extended functions who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirement for such permit or permits.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The licensee shall be responsible for complying with all applicable licensure renewal requirements, including continuing education pursuant to Section 1645.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_1C33177E-6597-4CE1-824D-34EE1CD05392">
<ns0:Num>SEC. 10.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1753.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1753.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_B89A9725-F604-44D3-933A-A4931A758562">
<ns0:Num>1753.5.</ns0:Num>
<ns0:LawSectionVersion id="id_F0ABA535-48A9-4DB7-B92F-691CA338A650">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A registered dental assistant in extended functions licensed on or after January 1, 2010, is authorized to perform all duties and procedures that a registered dental assistant is authorized to perform as specified in and limited by Section 1752.4, and the duties in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A registered dental assistant in extended functions licensed on or after January 1, 2010, is authorized to perform the following additional procedures under direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Perform oral health assessments, including intraoral and extraoral soft tissue evaluations to identify oral lesions, classifying occlusion,
performing myofunctional evaluations, and oral cancer screenings as authorized by the supervising dentist.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Perform oral health assessments in school-based, community health project settings under the direction of a dentist, registered dental hygienist, or registered dental hygienist in alternative practice.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Gingival retraction for impression and restorative procedures.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Size and fit endodontic master points and accessory points.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Cement endodontic master points and accessory points.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Perform post, core, and build-up procedures in conjunction with direct and indirect restorations.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Take final impression for
permanent indirect restorations.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Take final impressions for tooth-borne removeable prosthesis.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Place, contour, finish, and adjust all direct restorations.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Adjust and adhere all permanent indirect restorations.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Polish and contour existing amalgam restorations.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
Other procedures authorized
by regulations adopted by the board.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A registered dental assistant in extended functions licensed on or after January 1, 2010, may perform a duty specified in this section using contemporary techniques and materials designed for use in the performance of that duty under the direct supervision and pursuant to the order, control, and full professional responsibility of a licensed dentist if the registered dental assistant in extended functions has completed the appropriate education and training, and whose skill, knowledge, and education in the use of such contemporary technique or material has been determined clinically competent by the supervising licensed dentist.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_D0660CCE-3AD5-416E-B27F-6C37BE2274EB">
<ns0:Num>SEC. 11.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1754.5.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1754.5 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_3D767FF9-DDFB-40BC-93C5-42F6459E4357">
<ns0:Num>1754.5.</ns0:Num>
<ns0:LawSectionVersion id="id_3C671753-B67C-4C5D-BD71-BD9DFE0BF357">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A radiation safety course shall have the primary purpose of providing theory, laboratory, and clinical application in radiographic techniques. The board shall approve only those courses that adhere to the minimum requirements of this section and applicable regulations adopted by the board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A radiation safety course provider applying for initial board approval shall submit a completed application for course approval, on a form provided by the board, accompanied by the
fee prescribed in subdivision (
<html:i>l</html:i>
) of Section 1725. The board may, in lieu of conducting its own investigation, accept the findings of any commission or accreditation agency approved by the board, or its designee, and adopt those findings as its own. The board may approve, provisionally approve, or deny approval after it evaluates all components of the course.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provisional approval shall be limited to those courses that substantially comply with all existing standards for full approval and shall expire one year from the date of provisional approval or upon subsequent board approval or denial, whichever occurs first.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A provider of a course given provisional approval shall immediately notify each student of that status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the board provisionally approves or denies approval of a course, the board shall provide the specific reasons for the decision to the course director, in writing, within 90 days of that decision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A board-approved radiation safety course shall be reevaluated at least every seven years, but may be subject to reevaluation and inspection by the board at any time to ensure compliance with this section. The board may withdraw approval at any time if it determines that the course does not meet the requirements of this section.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Aradiation
safety course provider shall ensure the course complies with the Radiologic Technology Act (Section 27 of the Health and Safety Code) and applicable regulations. Providers shall render appropriate supervision, operation, and facilities for laboratory and clinical instruction, including compliance with all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Laboratory and clinical instruction facilities shall be equipped with supplies, materials, and equipment for instruction in radiation safety and practical work that include, for every six students, at least the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
One functioning radiography (X-ray) machine that complies with all federal and state laws, including registration with the State Department of Public Health, and is equipped with the appropriate position-indicating devices for each technique being taught.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
One X-ray training manikin head designed for instruction in radiographic techniques per X-ray unit.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
One film view box or screen for viewing digital images.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Processing and viewing equipment. This facility requirement may be deemed met if computer-based equipment for digital radiographic procedures is solely or in part utilized within the program or course facility. The equipment may be located in the operatory area where exposures will occur.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The choice of image receptor for laboratory and clinical experiences shall be either traditional film or digital sensor or any combination thereof as determined by the course provider.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
X-ray exposure areas shall provide protection to patients, students, faculty, and observers in full compliance with applicable federal and state laws.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A course in radiation safety shall be of sufficient duration for the student to achieve minimum competence, but
not fewer than 32 hours composed of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
At least eight hours of didactic instruction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
At least 12 hours of laboratory instruction in which students receive supervised experience performing procedures using study models, manikins, or other simulation models.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
At least 12 hours of clinical instruction in which students receive supervised experience in performing procedures in a clinical setting on patients.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
A course shall establish specific instructional objectives. The theoretical aspects of the course shall provide the content necessary for students to make safe and ethical judgments
regarding radiation safety.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Objective evaluation criteria shall be used for measuring student progress. Students shall be provided with specific performance objectives and the evaluation criteria that will be used for all evaluation and testing procedures.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Didactic instruction shall be provided in safe and educationally conducive lecture classrooms or through distance learning modalities. Areas of didactic instruction shall include, at a minimum, all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Radiation physics and biology.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Radiation protection and safety.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Recognition of normal intraoral and extraoral anatomical landmarks.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Radiograph exposure and processing techniques.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Radiograph mounting or sequencing, and viewing, including anatomical landmarks of the oral cavity.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Intraoral techniques including holding devices and image receptors.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Proper use of patient protection devices and personal protective equipment for operator use.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Identification and correction of faulty radiographs.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Introduction to contemporary equipment and devices including the use of computerized digital radiography and
extraoral imaging that may include panographs or cone-beam imaging.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Techniques and exposure guidelines for a variety of patients including, but not limited to, adult, pediatric, edentulous, partially edentulous, endodontic, and patients with special needs.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
Radiographic record management.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A provider using distance learning modalities for didactic instruction shall do all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Before enrolling a student, notify the prospective student of the computer or communications technology necessary to participate in didactic instruction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide technological assistance to students, as
needed, to participate in didactic instruction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensure completion of didactic instruction by the student before the student participates in laboratory instruction.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For the student to achieve minimum competence in the application of dental radiographic techniques and radiation
safety, the radiation safety course shall include all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Successful completion of laboratory experiences consisting of at least two bitewing radiographic series and two full mouth intraoral radiographic series using an X-ray
training manikin designed for radiographic exposures utilizing any dental radiographic image receptor or device deemed appropriate by the course director. A student shall successfully complete laboratory instruction before the student participates in clinical instruction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Successful completion of clinical experiences consisting of at least three
full-mouth intraoral radiographic series using any dental radiographic image receptor or device deemed appropriate by the course director or supervising dentist.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Written evaluations of each radiographic series identifying errors, causes of errors, correction of errors, and, if applicable, the number of reexposures necessary for successful completion of a series to clinical competency.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Clinical radiographs shall be made using diagnostic criteria established by the course of instruction and shall in no event exceed three reexposures per series.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Before the student’s performance of procedures on patients, the student shall provide evidence to the radiation safety course provider of having completed a board-approved eight-hour course in infection control and current, valid certification in basic life support.
</html:p>
<html:p>
(
<html:i>l</html:i>
)
<html:span class="EnSpace"/>
The student shall successfully complete a comprehensive written exam before the completion of the course. The exam shall include questions specific to dental radiographic installations and quality assurance for dental radiography addressed in Article 4 (commencing with Section 30305) of Group 3 of Subchapter 4 of Chapter 5 of Division 1 of Title 17 of the California Code of Regulations
or its successor.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
Extramural dental facilities may be utilized by a course, in accordance with board regulations, for the purposes of clinical experiences.
</html:p>
<html:p> A program or course using extramural dental facilities for dental radiographic clinical experiences shall provide to the board, upon request, copies of all contracts of affiliation and documentation demonstrating compliance with board
regulations.</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
Upon successful completion of the course, students shall receive a certificate of completion as defined in subdivision (e) of Section 1741.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
A radiation safety course provider previously board approved under Sections 1014 and 1014.1 of Title 16 of the California Code of Regulations shall maintain board approval until January 1, 2028. To obtain board approval to offer a radiation safety course on or after January 1, 2028, the radiation safety course provider shall apply for board approval to offer the
course pursuant to subdivision (b).
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
The board may adopt regulations to implement this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_ADDB39F6-FA64-4A27-8E7F-EC36D39E1A5B">
<ns0:Num>SEC. 12.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:type="locator" ns3:href="urn:caml:codes:BPC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1755.'%5D)" ns3:label="fractionType: LAW_SECTION">
Section 1755 of the
<ns0:DocName>Business and Professions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D3D5DE3B-9B00-4A2D-BDBB-EAA3FDD5BA0F">
<ns0:Num>1755.</ns0:Num>
<ns0:LawSectionVersion id="id_C0B7782A-4630-417E-AD72-0B180E8C14B3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A course in infection control is one that has as its main purpose providing theory and clinical application in infection control practices and principles where the protection of the public is its primary focus. The board shall approve only those courses that adhere to the minimum requirements of this section and applicable regulations adopted by the board.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Except as provided in subdivision (i), for purposes of this article, a board-approved eight-hour course in infection control shall mean any of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A board-approved eight-hour infection control course provided by a board-approved registered dental assisting education program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An eight-hour infection control course approved by the board pursuant to Section 1070.6 of Title 16 of the California Code of Regulations.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A board-approved eight-hour course, with six hours of didactic instruction and at least two hours of laboratory instruction using video or a series of video training tools, all of which may be delivered using asynchronous, synchronous, or online learning mechanisms or a combination thereof.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
A provider of an infection control course offered to students for compliance with
paragraph (3) of subdivision (b) shall submit an application on a form furnished by the board for board approval to offer the course, the applicable fee, and documentation of all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The course name, course provider name, course director name, business address, telephone number, and email address.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Proof that the course director possesses a valid, active, and current license issued by the board or the Dental Hygiene Board of California.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A detailed course outline, in writing, that clearly states the curriculum subject matter, hours of didactic and laboratory instruction, and specific instructional objectives. Instruction shall provide the content necessary for students to make safe and ethical judgments regarding infection control and asepsis.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Objective evaluation criteria that shall be used for measuring student progress. Students shall be provided with specific performance objectives and the evaluation criteria that will be used for
course examination.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Proof that course instructors have experience in the instruction of Division of Occupational Safety and Health (Cal/OSHA) regulations, as set forth in Sections 330 to 344.90, inclusive, of Title 8 of the California Code of Regulations, and the board’s Minimum Standards for Infection Control, as set forth in Section 1005 of Title 16 of the California Code of Regulations.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Documentation of didactic instruction that includes, at a minimum, all of the following as they relate to Cal/OSHA regulations, as set forth in Sections 300 to 344.90,
inclusive, of Title 8 of the California Code of Regulations, and the board’s Minimum Standards for Infection Control, as set forth in Section 1005 of Title 16 of the California Code of Regulations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Basic dental science and microbiology as they relate to infection control in dentistry.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Legal and ethical aspects
of infection control procedures.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Terms and protocols specified in Section 1005 of Title 16 of the California Code of Regulations regarding the minimum standards for infection control.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Principles of modes of disease transmission and prevention.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Principles, techniques, and protocols of hand hygiene, personal protective equipment, surface barriers and disinfection, instruments and devices, sterilization, sanitation, and hazardous chemicals associated with infection control.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Principles, protocols, and procedures of sterilizer monitoring and the proper loading, unloading, storage, and transportation of instruments to work area.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Principles, protocols, and procedures associated with sharps management.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Principles, protocols, and procedures of infection control for laboratory areas.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Principles, protocols, and procedures of waterline maintenance.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Principles, protocols, and procedures of regulated and nonregulated waste management.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Principles, protocols, and procedures related to injury and illness prevention, hazard communication, general office safety, exposure control, postexposure requirements, and monitoring systems for radiation safety and sterilization systems.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Documentation of laboratory instruction that includes, at a minimum, demonstrations in the following areas as they relate to Cal/OSHA regulations, as set forth in Sections 300 to 344.90, inclusive, of Title 8 of the California Code of Regulations, and the board’s Minimum Standards for Infection Control, as set forth in Section 1005 of Title 16 of the California Code of Regulations:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Applying hand cleansing products and performing hand cleansing techniques, protocols, and procedures.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Applying, removing, and disposing of patient treatment gloves, utility gloves, overgloves, protective eyewear, masks, and clinical attire.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Handling instruments, surfaces, and situations where contamination is simulated, without actual contamination, from
bloodborne and other pathogens being present.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Applying the appropriate techniques, protocols, and procedures for the preparation, sterilization, and storage of instruments, including, at a minimum, application of personal protective equipment, precleaning, ultrasonic cleaning, rinsing, sterilization wrapping, internal or external process indicators, labeling, sterilization, drying, storage, and delivery to work areas.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Precleaning and disinfecting contaminated operatory surfaces and devices, and properly using, placing, and removing surface barriers.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Maintaining sterilizer, including, at a minimum, proper instrument loading and unloading, operation cycling, spore testing, and handling and disposal of sterilization chemicals.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Applying work
practice controls as they relate to the following classifications of sharps: anesthetic needles or syringes, orthodontic wires, and broken glass.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Applying infection control protocols and procedures for the following laboratory devices: impressions, bite registrations, and prosthetic appliances.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Performing waterline maintenance, including using water tests and purging waterlines.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Performing techniques for safe handling and disposal of contaminated regulated and nonregulated medical waste.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Written laboratory protocols that comply with the board’s Minimum Standards for Infection Control as set forth in Section 1005 of Title 16 of the California Code of Regulations, and other federal, state, and local requirements governing infection
control. The course shall provide these protocols to all students and course instructors to ensure compliance.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
A written examination that reflects the curriculum content, which may be administered at intervals throughout the course, as determined by the course director, that shall be successfully completed by each student prior to issuance of the certificate of completion described in subdivision (g).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
The board or its designee may approve, provisionally approve, or deny approval of the course after it evaluates all components of the course.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Provisional approval shall be limited to those courses that substantially comply with all existing standards for full approval and shall expire one year from the date of provisional approval or upon subsequent board approval or denial, whichever occurs first.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A provider of a course given provisional approval shall immediately notify each student of that status.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the board provisionally approves or denies approval of a course, the board shall provide the specific reasons for the decision to the course director in writing within 90 days of that decision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A board-approved infection control course shall be reevaluated at least every seven years, but may be subject to reevaluation and inspection by the board at any time to ensure compliance with this section. The board may withdraw approval at any time that it determines the course does not meet the requirements of this section.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
The course director shall actively participate in and be responsible for the administration of the course and each of the
following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Maintaining for a period of not less than five years copies of curricula, program outlines, objectives, grading criteria, course instructor credentials, licenses, and certifications, and individual student records, including those necessary to establish satisfactory completion of the course.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Informing the board of the closure of, or any major change to, the course, including changes to the course provider name, course director, business contact information, or course content, within 10 days of the closure or change.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensuring that all course instructors meet the requirements set forth in this section.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
The course provider shall:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Prior to enrolling
a student, provide notification to the prospective student of the computer or communications technology necessary to participate in didactic and laboratory instruction.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide technological assistance to students, as needed, to participate in didactic and laboratory instruction.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Ensure completion of didactic instruction by the student prior to the student’s participation in laboratory instruction.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Upon successful completion of the course, students shall receive a certificate of completion as defined in
subdivision (e) of Section 1741.The certificate of completion shall state the statutory authority under paragraph (1), (2), or (3) of subdivision (b) for which the course has been approved.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
Course records shall be subject to inspection by the board at any time.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A course taken pursuant to paragraph (3) of subdivision (b) shall not satisfy completion of an infection control course required for licensure as a registered dental assistant or permit as an orthodontic assistant or dental sedation assistant.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
The board may adopt regulations to implement this section.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_6A630DB6-EC5B-4545-9DAC-C0C2F904CF24">
<ns0:Num>SEC. 13.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Section 6 of this act, which amends Section 1638.1 of the Business and Professions Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:</html:p>
<html:p>Making confidential the deliberations by the board and the personal information of the Elective Facial Cosmetic Surgery Permit Credentialing Committee member included in the records, documents, or forms reviewed by the board
that lead to findings of neglect of duties, incompetence, or unprofessional or dishonorable conduct protects the Committee member’s right to privacy.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_A2B15D6A-571B-4225-BAE1-E546C0F83141">
<ns0:Num>SEC. 14.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution.
</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>