SB 540

Bill Subjects

Abstract

(1) Existing law, until January 1, 2012, provides for the Dental Board of California within the Department of Consumer Affairs. Existing law requires the membership of the board to consist of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 4 public members. Existing law requires the Governor to appoint all of the members of the board, except that the Senate Committee on Rules and the Speaker of the Assembly each appoint a public member. Existing law, until January 1, 2012, allows the board, with the approval of the Director of Consumer Affairs, to appoint a person exempt from civil service as the executive officer of the board. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would extend the operation of those provisions until January 1, 2016, and instead specify that the board would be subject to review by the appropriate policy committees of the Legislature. The bill would change the membership of the board to include one additional public member, to be appointed by the Governor. The bill would also create a Dental Assisting Council of the board, to be appointed by the board, to consider matters relating to dental assistants and make recommendations to the board and standing committees of the board, as specified. Existing law makes it unlawful for a healing arts practitioner to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed. Existing law prohibits a dentist from making certain advertisements or holding himself or herself out as a specialist unless he or she meets specified criteria. This bill would delete the advertising prohibitions described above that apply only to dentists. Existing law requires every board in the Department of Consumer Affairs to initiate the process of adopting regulations on or before June 30, 1999, to require its licensees to provide notice to their clients or customers that the practitioner is licensed in this state, except as specified. This bill would require the board to comply with that provision by January 1, 2013, and would set forth requirements for the notice to be adopted by the board. Existing law authorizes the board to, upon an applicant's successful completion of the board examination, issue a probationary license to an applicant for licensure as a dentist or dental auxiliary. Existing law authorizes the board to require the applicant to comply with specified terms or conditions of a probationary license. This bill would require the board to adopt written guidelines on how to make probation assignments and to ensure that probationary and evaluation reports are conducted consistently and regularly. Existing law requires an applicant for licensure as a dentist to successfully complete an examination in California law and ethics developed and administered by the board. This bill would require the board to ensure that the law and ethics examination reflects current law and regulations and that the examinations are randomized. Existing law requires the board to establish criteria for the acceptance, denial, or termination of licentiates in a diversion program for the rehabilitation of licensees. This bill would make changes to the provisions that apply to a licensee who withdraws or terminates from the diversion program. The bill would provide that all diversion records for that licensee shall be provided to the board's enforcement program and may be used in any disciplinary proceeding, including if the licensee tests positive for banned substances, as specified. Existing law provides that the amount of the fees under the Dental Practice Act that relate to the licensing and permitting of dental assistants shall be established by resolution. This bill would instead require those fees to be established by regulation. Existing law requires the board to extend the California Dental Corps Loan Repayment Program of 2002 and distribute the money remaining in the account only until July 1, 2012. This bill would instead require the moneys to be distributed until all of the moneys are expended. (2) Existing law creates the Dental Hygiene Committee of California within the Dental Board of California. The committee is responsible for the registration and regulation of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions. Under existing law, the committee consists of 9 members appointed by the Governor. Under existing law, members of the committee are appointed to a term of 4 years and the terms for the initial appointments expire on December 31, 2011. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would provide for the repeal of the committee on January 1, 2015. The bill would provide for staggered terms for members of the committee beginning January 1, 2012, as specified. The bill would require the committee to be subject to review by the appropriate policy committees of the Legislature.