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SB-1482 Dental hygienists.(2017-2018)

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Date Published: 05/02/2018 09:00 PM
SB1482:v97#DOCUMENT

Amended  IN  Senate  May 02, 2018
Amended  IN  Senate  April 18, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1482


Introduced by Senator Hill

February 16, 2018


An act to amend Sections 1901, 1902, 1902.1, 1903, 1905, 1905.2, 1916, 1917, 1936.1, and 1944 of, and to add Section Sections 1901.5 and 1941.5 to, the Business and Professions Code, relating to healing arts.


LEGISLATIVE COUNSEL'S DIGEST


SB 1482, as amended, Hill. Dental hygienists.
(1) Existing law, the Dental Practice Act, provides for the licensure and regulation of the practice of dental hygienists by the Dental Hygiene Committee of California, which is comprised of 9 members appointed by the Governor, within the jurisdiction of the Dental Board of California. Existing law repeals the committee on January 1, 2019, at which time the committee is subject to review by the appropriate policy committees of the Legislature.
This bill would remove the Dental Hygiene Committee from the jurisdiction of the Dental Board of California and continue the Dental Hygiene Committee of California by creating the Dental Hygiene Board of California within the Department of Consumer Affairs. The bill would change the manner of appointment of the hygiene board by requiring one public member to be appointed by the Senate Committee on Rules and one public member to be appointed by the Speaker of the Assembly rather than the Governor. The bill would extend the repeal date of the hygiene board and related appointment provisions to January 1, 2023. 2023, and would authorize the board to appoint an executive officer.
(2) Existing law requires an applicant for licensure as a registered dental hygienist to furnish electronic fingerprint images.
This bill would require an out-of-state applicant or licensee to instead furnish a hard copy of fingerprint cards if electronic fingerprint images do not exist.
(3) Existing law authorizes the committee to condition dental hygienist licensure renewal on a licensee’s submission of assurances that he or she will complete specified continuing education if the committee makes a specified determination.
This bill would delete the requirement that the committee make a determination and would require the hygiene board to conduct random audits of licensees to ensure compliance with the continuing education requirements.
(4) Existing law requires the committee to grant initial licensure as a registered dental hygienist to a person who satisfies specified requirements, including satisfactory performance on the state clinical examination or satisfactory completion of the dental hygiene examination given by the Western Regional Examining Board, or any other clinical dental hygiene examination approved by the committee.
This bill would instead require, within the preceding 5 years, satisfactory completion of the dental hygiene examination given by the Western Regional Examining Board or any other clinical or dental hygiene examination approved by the hygiene board.
(5) Existing law requires the committee to grant approval of educational programs for dental hygienists that meet specified standards and requirements.
This bill would require the hygiene board to renew approval of educational programs for dental hygienists that certify to the hygiene board that the program continues to meet the requirements prescribed by the hygiene board, would authorize the hygiene board to conduct periodic surveys, evaluations, and site visits to educational programs, and would authorize the hygiene board to place a noncompliant educational program on probation, issue a citation and fine, or have its approval withdrawn.
(6) Existing law requires the committee to establish the amount of fees relating to the licensing of dental hygienists and limits the fee for a site evaluation for dental hygienist educational programs that are not accredited to no more than $2,100.
This bill would delete the limit for conducting the site evaluations specified above and would instead specify that the fee to conduct a site visit to educational programs for dental hygienists shall not exceed the actual costs incurred by the hygiene board. The bill would limit the fee for a retired license to 1/2 of the current license renewal fee.
The bill would make other conforming changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1901 of the Business and Professions Code is amended to read:

1901.
 (a) There is hereby created in the Department of Consumer Affairs a Dental Hygiene Board of California in which the administration of this article is vested.
(b) Whenever the terms “Dental Hygiene Committee of California” or “committee” are used in this article, they mean the Dental Hygiene Board of California.
(c) Whenever the term “Dental Hygiene Committee of California” is used in any other law, it means the Dental Hygiene Board of California.
(d) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the hygiene board subject to review by the appropriate policy committees of the Legislature.

SEC. 2.

 Section 1901.5 is added to the Business and Professions Code, to read:

1901.5.
 The board may appoint a person exempt from civil service who shall be designated as an executive officer and shall exercise the powers and perform the duties delegated by the board and vested in him or her by this article.

SEC. 2.SEC. 3.

 Section 1902 of the Business and Professions Code is amended to read:

1902.
 For purposes of this article, the following definitions apply:
(a) “Hygiene board” means the Dental Hygiene Board of California.
(b) “Dental board” means the Dental Board of California.
(c) “Direct supervision” means the supervision of dental procedures based on instructions given by a licensed dentist who is required to be physically present in the treatment facility during the performance of those procedures.
(d) “General supervision” means the supervision of dental procedures based on instructions given by a licensed dentist who is not required to be physically present in the treatment facility during the performance of those procedures.
(e) “Oral prophylaxis” means preventive and therapeutic dental procedures that include bacterial debridements with complete removal, supra and subgingivally, of calculus, soft deposits, plaque, and stains, and the smoothing of tooth surfaces. The objective of this treatment is to create an environment in which the patient can maintain healthy hard and soft tissues.

SEC. 3.SEC. 4.

 Section 1902.1 of the Business and Professions Code is amended to read:

1902.1.
 Protection of the public shall be the highest priority for the hygiene board in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.

SEC. 4.SEC. 5.

 Section 1903 of the Business and Professions Code is amended to read:

1903.
 (a) (1) The hygiene board shall consist of nine members as follows:
(A) Seven members appointed by the Governor as follows:
(i) Two members shall be public members.
(ii) One member shall be a practicing general or public health dentist who holds a current license in California.
(iii) Four members shall be registered dental hygienists who hold current licenses in California. Of the registered dental hygienists members, one shall be licensed either in alternative practice or in extended functions, one shall be a dental hygiene educator, and two shall be registered dental hygienists. No public member shall have been licensed under this chapter within five years of the date of his or her appointment or have any current financial interest in a dental-related business.
(B) One public member appointed by the Senate Committee on Rules.
(C) One public member appointed by the Speaker of the Assembly.
(2) (A) The first appointment by the Senate Committee on Rules or the Speaker of the Assembly pursuant to this subdivision shall be made upon the expiration of the term of a public member that is scheduled to occur, or otherwise occurs, on or after January 1, 2019.
(B) It is the intent of the Legislature that committee members appointed prior to January 1, 2019, remain as hygiene board members until their term expires or except as otherwise provided in law, whichever occurs first.
(3) For purposes of this subdivision, a public health dentist is a dentist whose primary employer or place of employment is in any of the following:
(A) A primary care clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health system.
(D) 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.
(b) (1) Except as specified in paragraph (2), members of the hygiene board shall be appointed for a term of four years. Each member shall hold office until the appointment and qualification of his or her successor or until one year shall have lapsed since the expiration of the term for which he or she was appointed, whichever comes first.
(2) For the term commencing on January 1, 2012, two of the public members, the general or public health dentist member, and two of the registered dental hygienist members, other than the dental hygiene educator member or the registered dental hygienist member licensed in alternative practice or in extended functions, shall each serve a term of two years, expiring January 1, 2014.
(c) Notwithstanding any other provision of law and subject to subdivision (e), the Governor may appoint to the hygiene board a person who previously served as a member of the former committee or hygiene board even if his or her previous term expired.
(d) The hygiene board shall elect a president, a vice president, and a secretary from its membership.
(e) No person shall serve as a member of the hygiene board for more than two consecutive terms.
(f) A vacancy in the hygiene board shall be filled by appointment to the unexpired term.
(g) Each member of the hygiene board shall receive a per diem and expenses as provided in Section 103.
(h) The Governor shall have the power to remove any member from the hygiene board for neglect of a duty required by law, for incompetence, or for unprofessional or dishonorable conduct.
(i) The hygiene board, with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the hygiene board and vested in him or her by this article.
(j) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 5.SEC. 6.

 Section 1905 of the Business and Professions Code is amended to read:

1905.
 (a) The hygiene board shall perform the following functions:
(1) Evaluate all registered dental hygienist, registered dental hygienist in alternative practice, and registered dental hygienist in extended functions educational programs that apply for approval and grant or deny approval of those applications in accordance with regulations adopted by the hygiene board. Any such educational programs approved by the dental board on or before June 30, 2009, shall be deemed approved by the hygiene board. Any dental hygiene program accredited by the Commission on Dental Accreditation may be approved.
(2) Withdraw or revoke its prior approval of a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions educational program in accordance with regulations adopted by the hygiene board. The hygiene board may withdraw or revoke a dental hygiene program approval if the Commission on Dental Accreditation has indicated an intent to withdraw approval or has withdrawn approval.
(3) Review and evaluate all registered dental hygienist, registered dental hygienist in alternative practice, and registered dental hygienist in extended functions applications for licensure to ascertain whether the applicant meets the appropriate licensing requirements specified by statute and regulations, maintain application records, cashier application fees, issue and renew licenses, and perform any other tasks that are incidental to the application and licensure processes.
(4) Determine the appropriate type of license examination consistent with the provisions of this article, and develop or cause to be developed and administer examinations in accordance with regulations adopted by the hygiene board.
(5) Determine the amount of fees assessed under this article, not to exceed the actual cost.
(6) Determine and enforce the continuing education requirements specified in Section 1936.1.
(7) Deny, suspend, or revoke a license under this article, or otherwise enforce the provisions of this article. Any such proceedings 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 hygiene board shall have all of the powers granted therein.
(8) Make recommendations to the dental board regarding dental hygiene scope of practice issues.
(9) Adopt, amend, and revoke rules and regulations to implement the provisions of this article, including the amount of required supervision by a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions of a registered dental assistant.
(b) The hygiene board may employ employees and examiners that it deems necessary to carry out its functions and responsibilities under this article.

SEC. 6.SEC. 7.

 Section 1905.2 of the Business and Professions Code is amended to read:

1905.2.
 Recommendations by the hygiene board regarding scope of practice issues, as specified in paragraph (8) of subdivision (a) of Section 1905, shall be approved, modified, or rejected by the board within 90 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the hygiene board may request that the board provide its reasons in writing for rejecting or significantly modifying the recommendation, which shall be provided by the board within 30 days of the request.

SEC. 7.SEC. 8.

 Section 1916 of the Business and Professions Code is amended to read:

1916.
 (a) (1) An applicant for licensure under this article shall furnish electronic fingerprint images for submission to state and federal criminal justice agencies, including, but not limited to, the Federal Bureau of Investigation, in order to establish the identity of the applicant and for the other purposes described in this section.
(2) Notwithstanding paragraph (1), an out-of-state applicant or licensee residing out-of-state for whom an electronic record of the licensee’s fingerprints does not exist shall furnish a hard copy of his or her fingerprint card if electronic fingerprint images are not available or shared in the applicant’s or licensee’s state of residence.
(b) The hygiene board shall submit the fingerprint images or card to the Department of Justice for the purposes of obtaining criminal offender record information regarding state and federal level convictions and arrests, including arrests for which the Department of Justice establishes that the person is free on bail or on his or her own recognizance pending trial or appeal.
(c) When received, the Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to this section. The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate the response to the hygiene board.
(d) The Department of Justice shall provide a response to the hygiene board pursuant to subdivision (p) of Section 11105 of the Penal Code.
(e) The hygiene board shall request from the Department of Justice subsequent arrest notification service, as provided pursuant to Section 11105.2 of the Penal Code.
(f) The information obtained as a result of the fingerprinting shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure pursuant to Division 1.5 (commencing with Section 475) or Section 1943.
(g) The Department of Justice shall charge a fee sufficient to cover the cost of processing the request described in this section.

SEC. 8.SEC. 9.

 Section 1917 of the Business and Professions Code is amended to read:

1917.
 The hygiene board shall grant initial licensure as a registered dental hygienist to a person who satisfies all of the following requirements:
(a) Completion of an educational program for registered dental hygienists, approved by the hygiene board, accredited by the Commission on Dental Accreditation, and conducted by a degree-granting, postsecondary institution.
(b) Within the preceding five years, satisfactory completion of the dental hygiene examination given by the Western Regional Examining Board or any other clinical or dental hygiene examination approved by the hygiene board.
(c) Satisfactory completion of the National Dental Hygiene Board Examination.
(d) Satisfactory completion of the examination in California law and ethics as prescribed by the hygiene board.
(e) Submission of a completed application form and all fees required by the hygiene board.
(f) Satisfactory completion of hygiene board-approved instruction in gingival soft tissue curettage, nitrous oxide-oxygen analgesia, and local anesthesia.

SEC. 9.SEC. 10.

 Section 1936.1 of the Business and Professions Code is amended to read:

1936.1.
 (a) The hygiene board shall require, as a condition of license renewal, that licensees submit assurances satisfactory to the hygiene board that they will, during the succeeding two-year period, inform themselves of the developments in the practice of dental hygiene occurring since the original issuance of their licenses by pursuing one or more courses of study satisfactory to the hygiene board, or by other means deemed equivalent by the hygiene board. The hygiene board shall adopt, amend, and revoke regulations providing for the suspension of the licenses at the end of the two-year period until compliance with the assurances provided for in this section is accomplished. The hygiene board shall conduct random audits of at least 5 percent of the licensee population each year to ensure compliance of the continuing education requirement.
(b) The hygiene board shall also, as a condition of license renewal, require licensees to successfully complete a portion of the required continuing education hours in specific areas adopted in regulations by the hygiene board. The hygiene board may prescribe this mandatory coursework within the general areas of patient care, health and safety, and law and ethics. The mandatory coursework prescribed by the hygiene board shall not exceed seven and one-half hours per renewal period. Any mandatory coursework required by the hygiene board shall be credited toward the continuing education requirements established by the hygiene board pursuant to subdivision (a).
(c) The providers of courses referred to in this section shall be approved by the hygiene board. Providers approved by the dental board shall be deemed approved by the hygiene board.

SEC. 10.SEC. 11.

 Section 1941.5 is added to the Business and Professions Code, to read:

1941.5.
 (a) The hygiene board shall renew approval of educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions that certify to the hygiene board on a form prescribed by the hygiene board that the program continues to meet the requirements proscribed by the hygiene board.
(b) The hygiene board may conduct periodic surveys, evaluations, and announced and unannounced site visits to existing and new educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure continued compliance of educational program requirements and Commission on Dental Accreditation standards for continued approval.
(c) An existing or new educational program for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions that is found to be noncompliant with the educational program requirements and Commission on Dental Accreditation standards may be placed on probation with terms, issued a citation and fine, or have its approval withdrawn if compliance is not met within reasonable specified timelines.
(d) The hygiene board, or through an authorized representative, may issue a citation containing fines and orders of abatement for any approved educational program for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions for any violation of this section or the regulations adopted pursuant to this section.

SEC. 11.SEC. 12.

 Section 1944 of the Business and Professions Code is amended to read:

1944.
 (a) The hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered dental hygienist in alternative practice, and a registered dental hygienist in extended functions. The fees established by board resolution in effect on June 30, 2009, as they relate to the licensure of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions, shall remain in effect until modified by the hygiene board. The fees are subject to the following limitations:
(1) The application fee for an original license and the fee for issuance of an original license shall not exceed two hundred fifty dollars ($250).
(2) The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(3) The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(4) The fee for examination for licensure as a registered dental hygienist in alternative practice shall not exceed the actual cost of administering the examination.
(5) The biennial renewal fee shall not exceed five hundred dollars ($500).
(6) The delinquency fee shall not exceed one-half of the renewal fee. Any delinquent license may be restored only upon payment of all fees, including the delinquency fee, and compliance with all other applicable requirements of this article.
(7) The fee for issuance of a duplicate license to replace one that is lost or destroyed, or in the event of a name change, shall not exceed twenty-five dollars ($25) or one-half of the renewal fee, whichever is greater.
(8) The fee for certification of licensure shall not exceed one-half of the renewal fee.
(9) The fee for each curriculum review and feasibility study review for educational programs for dental hygienists who are not accredited by a hygiene board-approved agency shall not exceed two thousand one hundred dollars ($2,100).
(10) The fee for each review or approval of course requirements for licensure or procedures that require additional training shall not exceed seven hundred fifty dollars ($750).
(11) The initial application and biennial fee for a provider of continuing education shall not exceed five hundred dollars ($500).
(12) The amount of fees payable in connection with permits issued under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee for the applicant’s license to practice dental hygiene in effect on the last regular renewal date before the date on which the permit is issued.
(B) If the permit will expire less than one year after its issuance, then the initial permit fee is an amount equal to 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the permit is issued.
(13) The fee for the hygiene board to conduct a site visit to educational programs for a registered dental hygienist, a registered dental hygienist in alternative practice, or a registered dental hygienist in extended functions to ensure compliance of educational program requirements shall not exceed the actual cost incurred by the hygiene board for cost recovery of site visit expenditures.
(14) The fee for a retired license shall not exceed one-half of the current license renewal fee.
(b) The renewal and delinquency fees shall be fixed by the hygiene board by resolution at not more than the current amount of the renewal fee for a license to practice under this article nor less than five dollars ($5).
(c) Fees fixed by the hygiene board by resolution pursuant to this section shall not be subject to the approval of the Office of Administrative Law.
(d) Fees collected pursuant to this section shall be collected by the hygiene board and deposited into the State Dental Hygiene Fund, which is hereby created. All money in this fund shall, upon appropriation by the Legislature in the annual Budget Act, be used to implement this article.
(e) No fees or charges other than those listed in this section shall be levied by the hygiene board in connection with the licensure of registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions.
(f) The fee for registration of an extramural dental facility shall not exceed two hundred fifty dollars ($250).
(g) The fee for registration of a mobile dental hygiene unit shall not exceed one hundred fifty dollars ($150).
(h) The biennial renewal fee for a mobile dental hygiene unit shall not exceed two hundred fifty dollars ($250).
(i) The fee for an additional office permit shall not exceed two hundred fifty dollars ($250).
(j) The biennial renewal fee for an additional office as described in Section 1926.4 shall not exceed two hundred fifty dollars ($250).
(k) The initial application and biennial special permit fee is an amount equal to the biennial renewal fee specified in paragraph (6) of subdivision (a).
(l) The fees in this section shall not exceed an amount sufficient to cover the reasonable regulatory cost of carrying out this article.