AB 179: Healing arts.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-10-06
(1)Under existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and, upon repeal of those provisions, the board will be subject to review by the appropriate policy committees of the Legislature. The act prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license.
This bill would extend the provisions relating to the Dental Board of California and the executive officer to January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address.
The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would authorize the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. The bill would provide that the suspension of the practical examination commences on the date the board votes to suspend the practical examination and would continue being suspended until July 1, 2017. The bill would require the board to post a notice on its Internet Web site if it suspends the practical examination.
Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who serve terms, as specified. Existing law requires the board to make all the initial appointments of members by May 1, 2012.
This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, and requires the board to, among other things, appoint an executive officer, who is required to be a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals these provisions on January 1, 2016.
This bill would remove the requirement that the executive officer be a vocational nurse, registered nurse, or psychiatric technician, and would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of vocational nurses and psychiatric technicians, and prohibits the board from charging expenses for these respective activities against funds received from any other source.
This bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(5)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements.
This bill would require the director to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the Board of Vocational Nursing and Psychiatric Technicians of the State of California for a period of no more than 2 years, as specified. The bill would require the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board by July 1, 2016, subsequent reports by November 1, 2016, and February 1, 2017, and a final report before January 1, 2018. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards financial needs, fee structure, budget, and expenditures, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 177 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(7)This bill would incorporate additional changes in Section 1724 of the Business and Professions Code, proposed by AB 483, that would become operative only if this bill and AB 483 are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)Under existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and, upon repeal of those provisions, the board will be subject to review by the appropriate policy committees of the Legislature. The act prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license.
This bill would extend the provisions relating to the Dental Board of California and the executive officer to January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address.
The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would authorize the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. The bill would provide that the suspension of the practical examination commences on the date the board votes to suspend the practical examination and would continue being suspended until July 1, 2017. The bill would require the board to post a notice on its Internet Web site if it suspends the practical examination.
Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who serve terms, as specified. Existing law requires the board to make all the initial appointments of members by May 1, 2012.
This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, and requires the board to, among other things, appoint an executive officer, who is required to be a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals these provisions on January 1, 2016.
This bill would remove the requirement that the executive officer be a vocational nurse, registered nurse, or psychiatric technician, and would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of vocational nurses and psychiatric technicians, and prohibits the board from charging expenses for these respective activities against funds received from any other source.
This bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(5)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements.
This bill would require the director to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the Board of Vocational Nursing and Psychiatric Technicians of the State of California for a period of no more than 2 years, as specified. The bill would require the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board by July 1, 2016, subsequent reports by November 1, 2016, and February 1, 2017, and a final report before January 1, 2018. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards financial needs, fee structure, budget, and expenditures, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 177 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(7)This bill would incorporate additional changes in Section 1724 of the Business and Professions Code, proposed by AB 483, that would become operative only if this bill and AB 483 are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)Under existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and, upon repeal of those provisions, the board will be subject to review by the appropriate policy committees of the Legislature. The act prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license.
This bill would extend the provisions relating to the Dental Board of California and the executive officer to January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address.
The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill, until July 1, 2017, bill would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to conduct a review to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes. The bill would authorize the board to vote to suspend the practical examination if the review concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants. The bill would provide that the suspension of the practical examination commences on the date the board votes to suspend the practical examination and would continue being suspended until July 1, 2017. The bill would require the board to post a notice on its Internet Web site if it suspends the practical examination.
Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who serve terms, as specified. Existing law requires the board to make all the initial appointments of members by May 1, 2012.
This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California, and requires the board to, among other things, appoint an executive officer, who is required to be a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals these provisions on January 1, 2016.
This bill would remove the requirement that the executive officer be a vocational nurse, registered nurse, or psychiatric technician, and would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of vocational nurses and psychiatric technicians, and prohibits the board from charging expenses for these respective activities against funds received from any other source.
This bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(5)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements.
This bill would require the director to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the Board of Vocational Nursing and Psychiatric Technicians of the State of California for a period of no more than 2 years, as specified. The bill would require the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board by July 1, 2016, subsequent reports by November 1, 2016, and February 1, 2017, and a final report before January 1, 2018. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards financial needs, fee structure, budget, and expenditures, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018.
(6)This bill would incorporate additional changes in Section 205 of the Business and Professions Code, proposed by AB 177 and AB 180 that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(7)This bill would incorporate additional changes in Section 1724 of the Business and Professions Code, proposed by AB 483, that would become operative only if this bill and AB 483 are chaptered and become effective January 1, 2016, and this bill is chaptered last.
(1)Under existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and, upon repeal of those provisions, the board will be subject to review by the appropriate policy committees of the Legislature. The act prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license.
This bill would extend the provisions relating to the Dental Board until of California and the executive officer to January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address.
The act authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.
Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who shall serve terms, as specified. Existing law requires the board to make all the initial appointment appointments of members by May 1, 2012.
This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. California, and requires the board to, among other things, appoint an executive officer, who is required to be a licensed vocational nurse, registered nurse, or psychiatric technician. Existing law repeals these provisions on January 1, 2016.
This bill would remove the requirement that the executive officer be a vocational nurse, registered nurse, or psychiatric technician, and would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of vocational nurses and psychiatric technicians, and prohibits the board from charging expenses for these respective activities against funds received from any other source.
This bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(5)Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Educations staffing resources needs and requirements.
This bill would require the director to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the Board of Vocational Nursing and Psychiatric Technicians of the State of California for a period of no more than 2 years, as specified. The bill would require the monitor to submit a report of his or her findings and conclusions to the Legislature, the department, and the board by July 1, 2016, subsequent reports by November 1, 2016, and February 1, 2017, and a final report before January 1, 2018. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the departments internal audit unit to review the boards financial needs, fee structure, budget, and expenditures, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018.
(1)Under Existing existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when consensual sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and upon repeal of those provisions the board will be subject to review by the appropriate policy committees of the Legislature. The act proscribes prescribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license.
This bill would extend the provisions relating to the Dental Board until January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater than $650 and would require the fee for the renewal of that license to be no greater than $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address.
Existing law creates the Dental Assisting Council of the Dental Board of California, which considers all matters relating to California dental assistants and is composed of members who shall serve terms, as specified. Existing law requires the board to make all the initial appointment of members by May 1, 2012.
This bill would prohibit a member from serving more than two full terms. The bill would remove the requirement for the board to make all initial appointments by May 1, 2012.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law repeals these provisions on January 1, 2016.
This bill would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technicians Technician Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of psychiatric technicians, and prohibits the board from charging expenses for these activities from any other source.
This bill bill, beginning July 1, 2016, would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technicians Technician Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(1)Under Existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and upon repeal of those provisions the board will be subject to review by the appropriate policy committees of the Legislature. The act proscribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license. The act also authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill would extend the provisions relating to the Dental Board until January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater then $1,200 than $650 and would require the fee for the renewal of that license to be no greater than $1,200. $650. The bill would, on and after January 1, 2018, require that an initial license be no greater than $800 and would require the fee for a renewal of that license to be no greater than $800. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address. The bill would require the board, in consultation with the Office of Professional Examination Services, to determine by January 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and, if the board determines that a practical examination is necessary, to submit that determination to the appropriate policy committees of the Legislature and to administer the examination, as specified.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law repeals these provisions on January 1, 2016.
This bill would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technicians Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of psychiatric technicians, and prohibits the board from charging expenses for these activities from any other source.
This bill would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technicians Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
(1)Under Existing law, the commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer is unprofessional conduct, except that it is not unprofessional conduct when sexual contact is between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship, as specified.
This bill would expand the exception by providing that it would not be unprofessional conduct when sexual contact is between a licensee and his or her spouse or person in an equivalent domestic relationship, as specified.
Existing law
(2)Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and upon repeal of those provisions the board will be subject to review by the appropriate policy committees of the Legislature. The act proscribes various fees that are required to be paid by dentists and dental assistants for, among other things, an initial license and the renewal of that license. The act also authorizes the board to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.
This bill would extend those the provisions relating to the Dental Board until January 1, 2020. The bill would also change various fees that would be required to be paid by a dentist, a dental assistant, or certain educational programs, as specified. The bill would, on and after January 1, 2016, require that an initial license for a dentist be no greater then $1,200 and would require the fee for the renewal of that license to be no greater than $1,200. The bill would also require, by July 1, 2016, every applicant and licensee under the act to report to the board his or her electronic mail address, and would require the board to annually send an electronic notice to each applicant and licensee that requests confirmation of the applicants or licensees electronic mail address. The bill would require the board, in consultation with the Office of Professional Examination Services, to determine by January 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and, if the board determines that a practical examination is necessary, to submit that determination to the appropriate policy committees of the Legislature and to administer the examination, as specified.
(3)Existing law provides for the licensure and regulation of vocational nurses under the Vocational Nursing Practice Act, and psychiatric technicians under the Psychiatric Technicians Law, by the Board of Vocational Nursing and Psychiatric Technicians of the State of California. Existing law repeals these provisions on January 1, 2016.
This bill would extend the repeal date of the provisions relating to the board to January 1, 2018.
(4)Existing law establishes the Vocational Nursing and Psychiatric Technicians Fund in the State Treasury, and establishes the Vocational Nurses Account and the Psychiatric Technicians Examiners Account within the fund. Existing law authorizes the Board of Vocational Nursing and Psychiatric Technicians of the State of California to collect specified fees and fines related to the boards licensure and regulation of psychiatric technicians, and prohibits the board from charging expenses for these activities from any other source.
This bill would remove that prohibition, abolish the Vocational Nurses Account and the Psychiatric Technicians Examiners Account, and specify that all money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the Vocational Nursing Practice Act and the Psychiatric Technicians Law.
Existing law provides for the Dental Board of California within the Department of Consumer Affairs, which consists of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 5 public members, and authorizes the board to appoint an executive officer to exercise powers and perform duties delegated by the board to him or her. These provisions are in effect only until January 1, 2016, and upon repeal of those provisions the board will be subject to review by the appropriate policy committees of the Legislature.
This bill would extend those provisions until January 1, 2020.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers and Land Surveyors Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 4.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 6.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 7.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 8.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 9.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 10.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 11.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 12.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
SEC. 13.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.5.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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). Commencing July 1, 2017, the fee for an initial license shall be prorated on a monthly basis.
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 14.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 15.Section 1742 of the Business and Professions Code is amended to read:1742.(a)There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:
(1)Requirements for dental assistant examination, licensure, permitting, and renewal.
(2)Standards and criteria for approval of dental assisting educational programs, courses, and continuing education.
(3)Allowable dental assistant duties, settings, and supervision levels.
(4)Appropriate standards of conduct and enforcement for dental assistants.
(5)Requirements regarding infection control.
(b)(1)The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2).
(2)The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board.
(c)No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings.
(d)A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs.
(e)Each member shall comply with conflict of interest requirements that apply to board members.
(f)The council shall meet in conjunction with other board committees, and at other times as deemed necessary.
(g)Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms.
(h)Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the council 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.
(i)The council shall select a chair who shall establish the agendas of the council and shall serve as the councils liaison to the board, including the reporting of the councils recommendations to the board.
SEC. 16.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)Notwithstanding any other law, if the review conducted by the Office of Professional Examination Services pursuant to subdivision (i) concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants, the board may vote to suspend the practical examination. The suspension of the practical examination shall commence on the date the board votes to suspend the practical examination and shall remain suspended until July 1, 2017, at which date the practical examination shall be reinstated. If the board votes to suspend the practical examination, the board shall post a notice on its Internet Web site stating that the practical examination has been suspended, until July 1, 2017.
SEC. 17.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 18.Section 2847.1 is added to the Business and Professions Code, to read:2847.1.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 19.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1)The director shall appoint an administrative and enforcement program monitor no later than March 1, 2016. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the administrative and enforcement program monitor and may terminate or dismiss him or her from this position. If the monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(3)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the initial administrative and enforcement program monitors appointment.
(b)(1)The administrative and enforcement program monitor shall monitor and evaluate the following:
(A)The boards administrative process, with specific concentration on the management of staff, assistance of board members, and working relationship with the Legislature, including the following:
(i)Staff hiring and training procedures.
(ii)Oversight of staff work.
(iii)Evaluation of staff performance.
(iv)Training of board members.
(v)Dissemination of information to board members.
(vi)Assistance of board members in performing their duties.
(vii)Communication with legislators and legislative staff.
(viii)Representation of the board at legislative meetings and hearings.
(B)The boards disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, including the following:
(i)The quality and consistency of complaint processing and investigation.
(ii)Consistency in the application of sanctions or discipline imposed on licensees.
(iii)The accurate and consistent implementation of the laws and rules affecting discipline, including adherence to the Complaint Prioritization Guidelines for Health Care Agencies established by the Consumer Protection Enforcement Initiative of 2010.
(iv)Staff concerns regarding disciplinary matters or procedures.
(v)The appropriate use of licensed professionals to investigate complaints.
(vi)The boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(2)The administrative and enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with the monitor, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(3)The director shall assist the administrative and enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(4)The director shall specify further duties of the administrative and program enforcement monitor.
(c)(1)The administrative and enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and shall be available to make oral reports to each entity if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the board may disagree.
(2)The administrative and enforcement program monitor shall issue a final report before January 1, 2018. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the administrative and enforcement program monitor.
(e)This section shall remain in effect only until March 1, 2018, and as of that date is repealed.
SEC. 20.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards financial needs, fee structure, budget, and expenditures, including the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) of Division 2. The director shall provide to the Legislature a copy of the review, no later than October 1, 2016.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 21.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter.
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 22.Section 2894 is added to the Business and Professions Code, to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become operative on July 1, 2016.
SEC. 23.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 24.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 25.Section 4547 of the Business and Professions Code is amended to read:4547.(a)All expenses incurred in the operation of this chapter shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 26.Section 4547 is added to the Business and Professions Code, to read:4547.(a)All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(b)This section shall become operative on July 1, 2016.
SEC. 27.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 177. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 177, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 177 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 177, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 177 and Assembly 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 28.Section 13.5 of this bill incorporates amendments to Section 1724 of the Business and Professions Code proposed by both this bill and Assembly Bill 483. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1724 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 483, in which case Section 13 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers and Land Surveyors Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 4.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 6.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 7.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 8.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 9.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 10.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 11.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 12.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
SEC. 13.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.5.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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). Commencing July 1, 2017, the fee for an initial license shall be prorated on a monthly basis.
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 14.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 15.Section 1742 of the Business and Professions Code is amended to read:1742.(a)There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:
(1)Requirements for dental assistant examination, licensure, permitting, and renewal.
(2)Standards and criteria for approval of dental assisting educational programs, courses, and continuing education.
(3)Allowable dental assistant duties, settings, and supervision levels.
(4)Appropriate standards of conduct and enforcement for dental assistants.
(5)Requirements regarding infection control.
(b)(1)The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2).
(2)The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board.
(c)No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings.
(d)A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs.
(e)Each member shall comply with conflict of interest requirements that apply to board members.
(f)The council shall meet in conjunction with other board committees, and at other times as deemed necessary.
(g)Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms.
(h)Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the council 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.
(i)The council shall select a chair who shall establish the agendas of the council and shall serve as the councils liaison to the board, including the reporting of the councils recommendations to the board.
SEC. 16.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)Notwithstanding any other law, if the review conducted by the Office of Professional Examination Services pursuant to subdivision (i) concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants, the board may vote to suspend the practical examination. The suspension of the practical examination shall commence on the date the board votes to suspend the practical examination and shall remain suspended until July 1, 2017, at which date the practical examination shall be reinstated. If the board votes to suspend the practical examination, the board shall post a notice on its Internet Web site stating that the practical examination has been suspended, until July 1, 2017.
SEC. 17.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 18.Section 2847.1 is added to the Business and Professions Code, to read:2847.1.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 19.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1)The director shall appoint an administrative and enforcement program monitor no later than March 1, 2016. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the administrative and enforcement program monitor and may terminate or dismiss him or her from this position. If the monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(3)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the initial administrative and enforcement program monitors appointment.
(b)(1)The administrative and enforcement program monitor shall monitor and evaluate the following:
(A)The boards administrative process, with specific concentration on the management of staff, assistance of board members, and working relationship with the Legislature, including the following:
(i)Staff hiring and training procedures.
(ii)Oversight of staff work.
(iii)Evaluation of staff performance.
(iv)Training of board members.
(v)Dissemination of information to board members.
(vi)Assistance of board members in performing their duties.
(vii)Communication with legislators and legislative staff.
(viii)Representation of the board at legislative meetings and hearings.
(B)The boards disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, including the following:
(i)The quality and consistency of complaint processing and investigation.
(ii)Consistency in the application of sanctions or discipline imposed on licensees.
(iii)The accurate and consistent implementation of the laws and rules affecting discipline, including adherence to the Complaint Prioritization Guidelines for Health Care Agencies established by the Consumer Protection Enforcement Initiative of 2010.
(iv)Staff concerns regarding disciplinary matters or procedures.
(v)The appropriate use of licensed professionals to investigate complaints.
(vi)The boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(2)The administrative and enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with the monitor, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(3)The director shall assist the administrative and enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(4)The director shall specify further duties of the administrative and program enforcement monitor.
(c)(1)The administrative and enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and shall be available to make oral reports to each entity if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the board may disagree.
(2)The administrative and enforcement program monitor shall issue a final report before January 1, 2018. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the administrative and enforcement program monitor.
(e)This section shall remain in effect only until March 1, 2018, and as of that date is repealed.
SEC. 20.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards financial needs, fee structure, budget, and expenditures, including the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) of Division 2. The director shall provide to the Legislature a copy of the review, no later than October 1, 2016.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 21.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter.
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 22.Section 2894 is added to the Business and Professions Code, to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become operative on July 1, 2016.
SEC. 23.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 24.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 25.Section 4547 of the Business and Professions Code is amended to read:4547.(a)All expenses incurred in the operation of this chapter shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 26.Section 4547 is added to the Business and Professions Code, to read:4547.(a)All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(b)This section shall become operative on July 1, 2016.
SEC. 27.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 177. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 177, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 177 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 177, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 177 and Assembly 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 28.Section 13.5 of this bill incorporates amendments to Section 1724 of the Business and Professions Code proposed by both this bill and Assembly Bill 483. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1724 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 483, in which case Section 13 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.1.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers, Land Surveyors, and Geologists Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers and Land Surveyors Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(25)Dispensing Opticians Fund.
(26)Acupuncture Fund.
(27)Physician Assistant Fund.
(28)Board of Podiatric Medicine Fund.
(29)Psychology Fund.
(30)Respiratory Care Fund.
(31)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(32)Board of Registered Nursing Fund.
(33)Animal Health Technician Examining Committee Fund.
(34)State Dental Hygiene Fund.
(35)State Dental Assistant Fund.
(36)Structural Pest Control Fund.
(37)Structural Pest Control Eradication and Enforcement Fund.
(38)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.3.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery and Funeral Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)Guide Dogs for the Blind Fund.
(9)Home Furnishings and Thermal Insulation Fund.
(10)California Architects Board-Landscape Architects Fund.
(11)Contingent Fund of the Medical Board of California.
(12)Optometry Fund.
(13)Pharmacy Board Contingent Fund.
(14)Physical Therapy Fund.
(15)Private Investigator Fund.
(16)Professional Engineers, Land Surveyors, and Geologists Fund.
(17)Consumer Affairs Fund.
(18)Behavioral Sciences Fund.
(19)Licensed Midwifery Fund.
(20)Court Reporters Fund.
(21)Veterinary Medical Board Contingent Fund.
(22)Vocational Nursing and Psychiatric Technicians Fund.
(23)Electronic and Appliance Repair Fund.
(24)Dispensing Opticians Fund.
(25)Acupuncture Fund.
(26)Physician Assistant Fund.
(27)Board of Podiatric Medicine Fund.
(28)Psychology Fund.
(29)Respiratory Care Fund.
(30)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(31)Board of Registered Nursing Fund.
(32)Animal Health Technician Examining Committee Fund.
(33)State Dental Hygiene Fund.
(34)State Dental Assistant Fund.
(35)Structural Pest Control Fund.
(36)Structural Pest Control Eradication and Enforcement Fund.
(37)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 4.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 6.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 7.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 8.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 9.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 10.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 11.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 12.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
SEC. 13.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.5.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for application for examination an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($500). ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for reexamination licensure qualifying pursuant to Section 1634.1 shall not exceed one hundred thousand dollars ($100). ($1,000).
(c)The fee for examination and for reexamination an application for licensure qualifying pursuant to Section 1635.5 shall not exceed eight hundred dollars ($800). Applicants who are found to be ineligible to take the examination shall be entitled to a refund in an amount fixed by the board. one thousand dollars ($1,000).
(d)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). Commencing July 1, 2017, the fee for an initial license shall be prorated on a monthly basis.
(e)The fee for an application for a special permit shall not exceed three hundred one thousand dollars ($300), ($1,000), and the renewal fee for a special permit shall not exceed one six hundred dollars ($100). ($600).
(f)The delinquency fee shall be the amount prescribed by Section 163.5. 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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)The application fee for permission to conduct an additional place of practice 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 two three hundred seventy-five dollars ($200). ($375).
(i)The renewal fee for an additional place of practice shall not exceed one hundred dollars ($100).
(j)
(i)The fee for issuance of a substitute replacement pocket license, replacement wall certificate, or replacement engraved certificate shall not exceed one hundred twenty-five dollars ($125).
(k)
(j)The fee for a provider of continuing education shall not exceed two five hundred fifty dollars ($250) ($500) per year.
(l)
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(m)
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 14.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 15.Section 1742 of the Business and Professions Code is amended to read:1742.(a)There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:
(1)Requirements for dental assistant examination, licensure, permitting, and renewal.
(2)Standards and criteria for approval of dental assisting educational programs, courses, and continuing education.
(3)Allowable dental assistant duties, settings, and supervision levels.
(4)Appropriate standards of conduct and enforcement for dental assistants.
(5)Requirements regarding infection control.
(b)(1)The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2).
(2)The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board.
(c)No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings.
(d)A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs.
(e)Each member shall comply with conflict of interest requirements that apply to board members.
(f)The council shall meet in conjunction with other board committees, and at other times as deemed necessary.
(g)Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms.
(h)Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the council 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.
(i)The council shall select a chair who shall establish the agendas of the council and shall serve as the councils liaison to the board, including the reporting of the councils recommendations to the board.
SEC. 16.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
(j)Notwithstanding any other law, if the review conducted by the Office of Professional Examination Services pursuant to subdivision (i) concludes that the practical examination is unnecessary or does not accurately measure the competency of registered dental assistants, the board may vote to suspend the practical examination. The suspension of the practical examination shall commence on the date the board votes to suspend the practical examination and shall remain suspended until July 1, 2017, at which date the practical examination shall be reinstated. If the board votes to suspend the practical examination, the board shall post a notice on its Internet Web site stating that the practical examination has been suspended, until July 1, 2017.
SEC. 17.Section 1752.1 is added to the Business and Professions Code, to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)This section shall become operative on July 1, 2017.
SEC. 18.Section 1752.3 of the Business and Professions Code is repealed.SEC. 19.Section 1752.3 is added to the Business and Professions Code, to read:1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
(c)This section shall become operative on July 1, 2017.
SEC. 20.SEC. 17.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 21.SEC. 18.Section 2847.1 is added to the Business and Professions Code, to read:2847.1.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 22.SEC. 19.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1)The director shall appoint an administrative and enforcement program monitor no later than March 1, 2016. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the administrative and enforcement program monitor and may terminate or dismiss him or her from this position. If the monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(3)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the initial administrative and enforcement program monitors appointment.
(b)(1)The administrative and enforcement program monitor shall monitor and evaluate the following:
(A)The boards administrative process, with specific concentration on the management of staff, assistance of board members, and working relationship with the Legislature, including the following:
(i)Staff hiring and training procedures.
(ii)Oversight of staff work.
(iii)Evaluation of staff performance.
(iv)Training of board members.
(v)Dissemination of information to board members.
(vi)Assistance of board members in performing their duties.
(vii)Communication with legislators and legislative staff.
(viii)Representation of the board at legislative meetings and hearings.
(B)The boards disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, including the following:
(i)The quality and consistency of complaint processing and investigation.
(ii)Consistency in the application of sanctions or discipline imposed on licensees, the licensees.
(iii)The accurate and consistent implementation of the laws and rules affecting discipline, including adherence to the Complaint Prioritization Guidelines for Health Care Agencies established by the Consumer Protection Enforcement Initiative of 2010.
(iii)
(iv)Staff concerns regarding disciplinary matters or procedures.
(iv)
(v)The appropriate use of licensed professionals to investigate complaints.
(v)
(vi)The boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(4)
(2)The administrative and enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with the monitor, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(5)
(3)The director shall assist the administrative and enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(6)
(4)The director shall specify further duties of the administrative and program enforcement monitor.
(c)(1)The administrative and enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and shall be available to make oral reports to each entity if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the board may disagree.
(2)The administrative and enforcement program monitor shall issue a final report before January 1, 2018. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the administrative and enforcement program monitor.
(e)This section shall remain in effect only until March 1, 2018, and as of that date is repealed.
SEC. 23.SEC. 20.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards financial needs, fee structure, budget, and expenditures. expenditures, including the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) of Division 2. The director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) of Division 2 based on findings of the review.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 24.SEC. 21.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter.
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 25.SEC. 22.Section 2894 is added to the Business and Professions Code, to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become operative on July 1, 2016.
SEC. 26.SEC. 23.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 27.SEC. 24.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 28.SEC. 25.Section 4547 of the Business and Professions Code is amended to read:4547.(a)All expenses incurred in the operation of this chapter shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 29.SEC. 26.Section 4547 is added to the Business and Professions Code, to read:4547.(a)All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(b)This section shall become operative on July 1, 2016.
SEC. 27.(a)Section 2.1 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 177. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, and (3) Assembly Bill 180 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 177, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b)Section 2.2 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by both this bill and Assembly Bill 180. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 205 of the Business and Professions Code, (3) Assembly Bill 177 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 180 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates changes to Section 205 of the Business and Professions Code proposed by this bill, Assembly Bill 177, and Assembly Bill 180. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 205 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 177 and Assembly 180, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.
SEC. 28.Section 13.5 of this bill incorporates amendments to Section 1724 of the Business and Professions Code proposed by both this bill and Assembly Bill 483. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1724 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 483, in which case Section 13 of this bill shall not become operative.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2016, deletes or extends that date.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 3.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 4.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 5.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 6.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 7.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 8.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 9.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 10.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 11.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 12.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
SEC. 13.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 14.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 15.Section 1742 of the Business and Professions Code is amended to read:1742.(a)There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:
(1)Requirements for dental assistant examination, licensure, permitting, and renewal.
(2)Standards and criteria for approval of dental assisting educational programs, courses, and continuing education.
(3)Allowable dental assistant duties, settings, and supervision levels.
(4)Appropriate standards of conduct and enforcement for dental assistants.
(5)Requirements regarding infection control.
(b)(1)The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2).
(2)The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board.
(c)No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings.
(d)A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs.
(e)Each member shall comply with conflict of interest requirements that apply to board members.
(f)The council shall meet in conjunction with other board committees, and at other times as deemed necessary.
(g)Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms.
(h)Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the council 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.
(i)The council shall select a chair who shall establish the agendas of the council and shall serve as the councils liaison to the board, including the reporting of the councils recommendations to the board.
SEC. 16.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
(j)This section shall remain in effect only until July 1, 2017, and as of that date is repealed.
SEC. 17.Section 1752.1 is added to the Business and Professions Code, to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)This section shall become operative on July 1, 2017.
SEC. 18.Section 1752.3 of the Business and Professions Code is repealed.1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
SEC. 19.Section 1752.3 is added to the Business and Professions Code, to read:1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
(c)This section shall become operative on July 1, 2017.
SEC. 16.SEC. 20.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 21.Section 2847.1 is added to the Business and Professions Code, to read:2847.1.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board.
(b)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(c)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(d)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 22.Section 2847.5 is added to the Business and Professions Code, to read:2847.5.(a)(1)The director shall appoint an administrative and enforcement program monitor no later than March 1, 2016. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function.
(2)The director shall supervise the administrative and enforcement program monitor and may terminate or dismiss him or her from this position. If the monitor is terminated or dismissed, the director shall appoint a replacement monitor within two months.
(3)The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the initial administrative and enforcement program monitors appointment.
(b)(1)The administrative and enforcement program monitor shall monitor and evaluate the following:
(A)The boards administrative process, with specific concentration on the management of staff, assistance of board members, and working relationship with the Legislature, including the following:
(i)Staff hiring and training procedures.
(ii)Oversight of staff work.
(iii)Evaluation of staff performance.
(iv)Training of board members.
(v)Dissemination of information to board members.
(vi)Assistance of board members in performing their duties.
(vii)Communication with legislators and legislative staff.
(viii)Representation of the board at legislative meetings and hearings.
(B)The boards disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, including the following:
(i)The quality and consistency of complaint processing and investigation.
(ii)Consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adherence to the Complaint Prioritization Guidelines for Health Care Agencies established by the Consumer Protection Enforcement Initiative of 2010.
(iii)Staff concerns regarding disciplinary matters or procedures.
(iv)The appropriate use of licensed professionals to investigate complaints.
(v)The boards cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians.
(4)The administrative and enforcement program monitor shall exercise no authority over the boards management or staff; however, the board and its staff shall cooperate with the monitor, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties.
(5)The director shall assist the administrative and enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director.
(6)The director shall specify further duties of the administrative and program enforcement monitor.
(c)(1)The administrative and enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and shall be available to make oral reports to each entity if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the board may disagree.
(2)The administrative and enforcement program monitor shall issue a final report before January 1, 2018. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1).
(d)The board shall pay for all of the costs associated with the employment of the administrative and enforcement program monitor.
(e)This section shall remain in effect only until March 1, 2018, and as of that date is repealed.
SEC. 23.Section 2858.5 is added to the Business and Professions Code, to read:2858.5.(a)The departments internal audit unit shall review the boards financial needs, fee structure, budget, and expenditures. The director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) of Division 2 based on findings of the review.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 17.SEC. 24.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter.
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(c)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 18.SEC. 25.Section 2894 is added to the Business and Professions Code, to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become operative on July 1, 2016.
SEC. 19.SEC. 26.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 20.SEC. 27.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 21.SEC. 28.Section 4547 of the Business and Professions Code is amended to read:4547.(a)All expenses incurred in the operation of this chapter shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
(b)This section shall remain in effect only until July 1, 2016, and as of that date is repealed.
SEC. 22.SEC. 29.Section 4547 is added to the Business and Professions Code, to read:4547.(a)All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(b)This section shall become operative on July 1, 2016.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
SECTION 1.Section 205 of the Business and Professions Code is amended to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)Animal Health Technician Examining Committee Fund.
(36)State Dental Hygiene Fund.
(37)State Dental Assistant Fund.
(38)Structural Pest Control Fund.
(39)Structural Pest Control Eradication and Enforcement Fund.
(40)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 2.Section 205 is added to the Business and Professions Code, to read:205.(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
(c)This section shall become operative on July 1, 2016.
SEC. 2.SEC. 3.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to consensual sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 3.SEC. 4.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 4.SEC. 5.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 5.SEC. 6.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 6.SEC. 7.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 7.SEC. 8.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 8.SEC. 9.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 9.SEC. 10.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 10.SEC. 11.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 11.SEC. 12.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the application applicant or licensee that his or her electronic mail address is current.
SEC. 12.SEC. 13.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.SEC. 14.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 15.Section 1742 of the Business and Professions Code is amended to read:1742.(a)There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the board, and make appropriate recommendations to the board and the standing committees of the board, including, but not limited to, the following areas:
(1)Requirements for dental assistant examination, licensure, permitting, and renewal.
(2)Standards and criteria for approval of dental assisting educational programs, courses, and continuing education.
(3)Allowable dental assistant duties, settings, and supervision levels.
(4)Appropriate standards of conduct and enforcement for dental assistants.
(5)Requirements regarding infection control.
(b)(1)The members of the council shall be appointed by the board and shall include the registered dental assistant member of the board, another member of the board, and five registered dental assistants, representing as broad a range of dental assisting experience and education as possible, who meet the requirements of paragraph (2).
(2)The board shall consider, in its appointments of the five registered dental assistant members, recommendations submitted by any incorporated, nonprofit professional society, association, or entity whose membership is comprised of registered dental assistants within the state. Two of those members shall be employed as faculty members of a registered dental assisting educational program approved by the board, and shall have been so employed for at least the prior five years. Three of those members, which shall include one registered dental assistant in extended functions, shall be employed clinically in private dental practice or public safety net or dental health care clinics. All five of those members shall have possessed a current and active registered dental assistant or registered dental assistant in extended functions license for at least the prior five years, and shall not be employed by a current member of the board.
(c)No council appointee shall have served previously on the dental assisting forum or have any financial interest in any registered dental assistant school. All final candidate qualifications and applications for board-appointed council members shall be made available in the published board materials with final candidate selection conducted during the normal business of the board during public meetings.
(d)A vacancy occurring during a term shall be filled by appointment by the board for the unexpired term, according to the criteria applicable to the vacancy within 90 days after it occurs.
(e)Each member shall comply with conflict of interest requirements that apply to board members.
(f)The council shall meet in conjunction with other board committees, and at other times as deemed necessary.
(g)Each member shall serve for a term of four years, except that, of the initial appointments of the nonboard members, one of the members shall serve a term of one year, one member shall serve a term of two years, two members shall serve a term of three years, and one member shall serve a term of four years, as determined by the board. No member shall serve more than two full terms.
(h)Recommendations by the council pursuant to this section shall be approved, modified, or rejected by the board within 120 days of submission of the recommendation to the board. If the board rejects or significantly modifies the intent or scope of the recommendation, the council 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.
(i)The board shall make all the initial appointments by May 1, 2012.
(j)
(i)The council shall select a chair who shall establish the agendas of the council and shall serve as the councils liaison to the board, including the reporting of the councils recommendations to the board.
SEC. 14.SEC. 16.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 15.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed professional nurse as defined in Section 2725, or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 16.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
SEC. 17.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter.
Claims
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 18.Section 2894 is added to the Business and Professions Code, to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
(c)This section shall become operative on July 1, 2016.
SEC. 17.SEC. 19.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 18.SEC. 20.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 19.Section 4547 of the Business and Professions Code is amended to read:4547.All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
SEC. 21.Section 4547 of the Business and Professions Code is amended to read:4547.(a)All expenses incurred in the operation of this chapter shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(b)This section shall become inoperative on July 1, 2016, and, as of January 1, 2017, is repealed.
SEC. 22.Section 4547 is added to the Business and Professions Code, to read:4547.(a)All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(b)This section shall become operative on July 1, 2016.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Animal Health Technician Examining Committee Fund.
(35)State Dental Hygiene Fund.
(36)State Dental Assistant Fund.
(37)Structural Pest Control Fund.
(38)Structural Pest Control Eradication and Enforcement Fund.
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
SEC. 2.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division or under any initiative act referred to in this division.
(b) This section shall not apply to sexual contact between a licensee and his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SEC. 3.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 4.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 5.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 6.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 7.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)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.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 8.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 9.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 10.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 11.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the application or licensee that his or her electronic mail address is current.
SEC. 12.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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 one thousand two six hundred fifty dollars ($1,200), ($650), and the fee for the renewal of a license shall not exceed one thousand two six hundred fifty dollars ($1,200). ($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).
(e)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).
(f)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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)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).
(i)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).
(j)The fee for a provider of continuing education shall not exceed five hundred dollars ($500) per year.
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)On and after January 1, 2010, the written examination for registered dental assistant licensure shall comply with Section 139.
(j)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate the competency of registered dental assistants. The board's review and certification or determination shall be completed by January 1, 2017.
(k)If the board determines that the practical examination is necessary to demonstrate competency of registered dental assistants, the board's review and certification or determination shall be completed and submitted to the appropriate policy committees of the Legislature, and the board may administer, and require, a practical examination for licensure as a registered dental assistant, in accordance with Section 139.
SEC. 14.Section 1752.3 of the Business and Professions Code is repealed.SEC. 15.SEC. 13.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(l)The biennial renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit shall not exceed two hundred dollars ($200).
(m)The delinquency fee shall be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed one hundred dollars ($100).
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed seven thousand five hundred dollars ($7,500).
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency or the Chancellors office of the California Community Colleges shall not exceed two thousand dollars ($2,000).
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 16.SEC. 14.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2018, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 17.SEC. 15.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed professional nurse as defined in Section 2725, or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 18.SEC. 16.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter and Chapter 10 (commencing with Section 4500).
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
SEC. 19.SEC. 17.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 20.SEC. 18.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2018, and as of that date is repealed.
SEC. 21.SEC. 19.Section 4547 of the Business and Professions Code is amended to read:4547.All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund.
(a)There is in the State Treasury the Professions and Vocations Fund. The fund shall consist of the following special funds:
(1)Accountancy Fund.
(2)California Architects Board Fund.
(3)Athletic Commission Fund.
(4)Barbering and Cosmetology Contingent Fund.
(5)Cemetery Fund.
(6)Contractors License Fund.
(7)State Dentistry Fund.
(8)State Funeral Directors and Embalmers Fund.
(9)Guide Dogs for the Blind Fund.
(10)Home Furnishings and Thermal Insulation Fund.
(11)California Architects Board-Landscape Architects Fund.
(12)Contingent Fund of the Medical Board of California.
(13)Optometry Fund.
(14)Pharmacy Board Contingent Fund.
(15)Physical Therapy Fund.
(16)Private Investigator Fund.
(17)Professional Engineers and Land Surveyors Fund.
(18)Consumer Affairs Fund.
(19)Behavioral Sciences Fund.
(20)Licensed Midwifery Fund.
(21)Court Reporters Fund.
(22)Veterinary Medical Board Contingent Fund.
(23)Vocational Nurses Account of the Vocational Nursing and Psychiatric Technicians Fund.
(24)Electronic and Appliance Repair Fund.
(25)Geology and Geophysics Account of the Professional Engineers and Land Surveyors Fund.
(26)Dispensing Opticians Fund.
(27)Acupuncture Fund.
(28)Physician Assistant Fund.
(29)Board of Podiatric Medicine Fund.
(30)Psychology Fund.
(31)Respiratory Care Fund.
(32)Speech-Language Pathology and Audiology and Hearing Aid Dispensers Fund.
(33)Board of Registered Nursing Fund.
(34)Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund.
(35)
(34)Animal Health Technician Examining Committee Fund.
(36)
(35)State Dental Hygiene Fund.
(37)
(36)State Dental Assistant Fund.
(38)
(37)Structural Pest Control Fund.
(39)
(38)Structural Pest Control Eradication and Enforcement Fund.
(40)
(39)Structural Pest Control Research Fund.
(b)For accounting and recordkeeping purposes, the Professions and Vocations Fund shall be deemed to be a single special fund, and each of the several special funds therein shall constitute and be deemed to be a separate account in the Professions and Vocations Fund. Each account or fund shall be available for expenditure only for the purposes as are now or may hereafter be provided by law.
SEC. 2.Section 726 of the Business and Professions Code is amended to read:726.(a)The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action for any person licensed under this division, division or under any initiative act referred to in this division and under Chapter 17 (commencing with Section 9000) of Division 3. division.
This
(b) This section shall not apply to sexual contact between a physician and surgeon licensee and his or her spouse or person in an equivalent domestic relationship when that physician and surgeon licensee provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.
SECTION 1.SEC. 3.Section 1601.1 of the Business and Professions Code is amended to read:1601.1.(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.SEC. 4.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
SEC. 5.Section 1632 of the Business and Professions Code is amended to read:1632.(a)The board shall require each applicant to successfully complete the Part I and Part II written examinations of the National Board Dental Examination of the Joint Commission on National Dental Examinations.
(b)The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination.
(c)Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following:
(1)A portfolio examination of the applicants competence to enter the practice of dentistry. This examination shall be conducted while the applicant is enrolled in a dental school program at a board-approved school located in California. This examination shall utilize uniform standards of clinical experiences and competencies, as approved by the board pursuant to Section 1632.1. The applicant shall pass a final assessment of the submitted portfolio at the end of his or her dental school program. Before any portfolio assessment may be submitted to the board, the applicant shall remit the required fee to the board a three hundred fifty dollar ($350) fee, to be deposited into the State Dentistry Fund, and a letter of good standing signed by the dean of his or her dental school or his or her delegate stating that the applicant has graduated or will graduate with no pending ethical issues.
(A)The portfolio examination shall not be conducted until the board adopts regulations to carry out this paragraph. The board shall post notice on its Internet Web site when these regulations have been adopted.
(B)The board shall also provide written notice to the Legislature and the Legislative Counsel when these regulations have been adopted.
(2)A clinical and written examination administered by the Western Regional Examining Board, which board shall determine the passing score for that examination.
(d)Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following:
(1)Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board.
(2)Accept the results of an examination described in paragraph (2) of subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered.
In either case, the board shall require the dean of that school or his or her delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered or as provided in paragraph (1) of subdivision (c).
SEC. 6.Section 1638 of the Business and Professions Code is amended to read:1638.(a)For purposes of this article, oral and maxillofacial surgery means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region.
(b)Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit.
(c)The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state.
(d)An application shall be accompanied by an application fee of one hundred fifty dollars ($150) required by the board and two classifiable sets of fingerprints on forms provided by the board.
SEC. 7.Section 1638.1 of the Business and Professions Code is amended to read:1638.1.(a)(1)A person licensed pursuant to Section 1634 who wishes to perform elective facial cosmetic surgery shall first apply for and receive a permit to perform elective facial cosmetic surgery from the board.
(2)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 his or her license is renewed. Every six years, prior to renewal of the permitholders license and permit, the permitholder shall submit evidence acceptable to the credentialing committee that he or she has maintained continued competence to perform the procedures authorized by the permit. The credentialing committee may limit a permit consistent with paragraph (1) of subdivision (e) if it is not satisfied that the permitholder has established continued competence.
(b)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.
(c)A licensee may obtain a permit to perform elective facial cosmetic surgery by furnishing all of the following information on an application form approved by the board:
(1)Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association.
(2)Proof that the applicant has satisfied the criteria specified in either subparagraph (A) or (B):
(A)(i)Is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery.
(ii)Submits to the board 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 that the licensee has notified the board he or she intends to perform.
(iii)Submits documentation to the board of at least 10 operative reports from residency training or proctored procedures that are representative of procedures that the licensee intends to perform from both of the following categories:
(I)Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty.
(II)Cosmetic soft tissue contouring or rejuvenation, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation.
(iv)Submits documentation to the board showing the surgical privileges the applicant possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state.
(B)(i)Has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraph (A) at that hospital.
(ii)Submits to the board the documentation described in clause (iii) of subparagraph (A).
(3)Proof that the applicant 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.
(d)The application shall be accompanied by an application fee of five hundred dollars ($500) required by the board for an initial permit. The fee to renew a permit shall be two hundred dollars ($200). not exceed the maximum amount prescribed in Section 1724.
(e)(1)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. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section.
(2)The credentialing committee shall be comprised of five members, as follows:
(A)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.
(B)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.
(C)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.
(3)The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee:
(A)The Medical Board of California.
(B)The California Dental Association.
(C)The California Association of Oral and Maxillofacial Surgeons.
(D)The California Medical Association.
(E)The California Society of Plastic Surgeons.
(F)Any other source that the board deems appropriate.
(4)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.
(f)A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO), the American 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.
(g)For purposes of this section, the following terms shall have the following meanings:
(1)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.
(2)Facial means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board.
(h)A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless he or she has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder.
(i)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.
(j)Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the persons 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.
(k)On or before January 1, 2009, and every four years thereafter, the board shall report to the Joint Committee on Boards, Commissions and Consumer Protection on all of the following:
(1)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 subdivision (a).
(2)The recommendations of the credentialing committee to the board.
(3)The boards action on recommendations received by the credentialing committee.
(4)The number of persons receiving a permit from the board to perform elective facial cosmetic surgery.
(5)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.
(6)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.
SEC. 8.Section 1638.3 of the Business and Professions Code is amended to read:1638.3.(a)The fee to renew an oral and maxillofacial surgery permit shall be the same as that for renewal of a dental license as determined under amount prescribed in Section 1724.
(b)Every provision of this chapter applicable to a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article.
SEC. 9.Section 1646.6 of the Business and Professions Code is amended to read:1646.6.(a)The application fee for a permit or renewal under this article shall not exceed two hundred fifty dollars ($250). the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed three hundred fifty dollars ($350). the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
(d)At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4.
SEC. 10.Section 1647.8 of the Business and Professions Code is amended to read:1647.8.(a)The application fee for a permit or renewal under this article shall not exceed two hundred fifty dollars ($250). the amount prescribed in Section 1724.
(b)The fee for an onsite inspection shall not exceed three hundred fifty dollars ($350). the amount prescribed in Section 1724.
(c)It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article.
SEC. 11.Section 1650.1 is added to the Business and Professions Code, to read:1650.1.(a)Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
(b)The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the application or licensee that his or her electronic mail address is current.
SEC. 12.Section 1724 of the Business and Professions Code is amended to read:1724.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:
(a)The fee for an application for examination shall not exceed five hundred dollars ($500). licensure qualifying pursuant to paragraph (1) of subdivision (c) of Section 1632 shall not exceed one thousand five hundred dollars ($1,500). The fee for an application for licensure qualifying pursuant to paragraph (2) of subdivision (c) of Section 1632 shall not exceed one thousand dollars ($1,000).
(b)The fee for an application for reexamination shall not exceed one hundred dollars ($100). licensure qualifying pursuant to Section 1634.1 shall not exceed one thousand dollars ($1,000).
(c)The fee for examination and for reexamination shall not exceed eight hundred dollars ($800). Applicants who are found to be ineligible to take the examination shall be entitled to a refund in an amount fixed by the board. an application for licensure qualifying pursuant to Section 1635.5 shall not exceed one thousand dollars ($1,000).
(d)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 one thousand two hundred dollars ($1,200), and the fee for the renewal of a license shall not exceed one thousand two hundred dollars ($1,200).
(e)The fee for an application for a special permit shall not exceed three hundred dollars ($300), one thousand dollars ($1,000), and the renewal fee for a special permit shall not exceed one six hundred dollars ($100). ($600).
(f)The delinquency fee shall be the amount prescribed by Section 163.5. 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.
(g)The penalty for late registration of change of place of practice shall not exceed seventy-five dollars ($75).
(h)The application fee for permission to conduct an additional place of practice shall not exceed two hundred dollars ($200).
(i)
(h)The renewal fee for an application for an additional place of practice office permit shall not exceed one seven hundred fifty dollars ($100). ($750), and the fee for the renewal of an additional office permit shall not exceed three hundred seventy-five dollars ($375).
(j)
(i)The fee for issuance of a substitute certificate replacement pocket license, replacement wall certificate, or replacement engraved certificate shall not exceed one hundred twenty-five dollars ($125).
(k)
(j)The fee for a provider of continuing education shall not exceed two five hundred fifty dollars ($250) ($500) per year.
(l)
(k)The fee for application for a referral service permit and for renewal of that permit shall not exceed twenty-five dollars ($25).
(m)
(l)The fee for application for an extramural facility permit and for the renewal of a permit shall not exceed twenty-five dollars ($25).
(m)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).
(n)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).
(o)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).
(p)The fee for an onsite inspection and evaluation related to a general anesthesia or conscious sedation permit shall not exceed four thousand five hundred dollars ($4,500).
(q)The fee for an application for a conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of a conscious sedation permit shall not exceed six hundred dollars ($600).
(r)The fee for an application for an oral conscious sedation permit shall not exceed one thousand dollars ($1,000), and the fee for the renewal of an oral conscious sedation permit shall not exceed six hundred dollars ($600).
(s)The fee for a certification of licensure shall not exceed one hundred twenty-five dollars ($125).
(t)The fee for an application for the law and ethics examination shall not exceed two hundred fifty dollars ($250).
The board shall report to the appropriate fiscal committees of each house of the Legislature whenever the board increases any fee pursuant to this section and shall specify the rationale and justification for that increase.
SEC. 13.Section 1752.1 of the Business and Professions Code is amended to read:1752.1.(a)The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements:
(1)Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board.
(2)For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(3)For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board.
(b)For purposes of this section, satisfactory work experience means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application.
(c)The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the programs curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section.
(d)In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations.
(e)In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following:
(1)A board-approved course in the Dental Practice Act.
(2)A board-approved course in infection control.
(3)A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent.
(f)A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following:
(1)Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable.
(2)Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit.
(g)A registered dental assistant with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an RDA with orthodontic assistant permit, or RDA with dental sedation assistant permit, as applicable. These terms shall be used for reference purposes only and do not create additional categories of licensure.
(h)Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits.
(i)On and after January 1, 2010, the written examination for registered dental assistant licensure shall comply with Section 139.
(j)The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate the competency of registered dental assistants. The board's review and certification or determination shall be completed by January 1, 2017.
(k)If the board determines that the practical examination is necessary to demonstrate competency of registered dental assistants, the board's review and certification or determination shall be completed and submitted to the appropriate policy committees of the Legislature, and the board may administer, and require, a practical examination for licensure as a registered dental assistant, in accordance with Section 139.
SEC. 14.Section 1752.3 of the Business and Professions Code is repealed.1752.3.(a)On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139.
(b)On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination.
(1)Place a base or liner.
(2)Place, adjust, and finish a direct provisional restoration.
(3)Fabricate and adjust an indirect provisional restoration.
(4)Cement an indirect provisional restoration.
SEC. 15.Section 1725 of the Business and Professions Code is amended to read:1725.The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and subject to the following limitations:
(a)The application fee for an original license shall not exceed twenty dollars ($20). On and after January 1, 2010, the application fee for an original license shall not exceed fifty dollars ($50). two hundred dollars ($200).
(b)The fee for examination for licensure as a registered dental assistant shall not exceed fifty dollars ($50) for the written examination and shall not exceed sixty dollars ($60) for the actual cost of the practical examination.
(c)The fee for application and for the issuance of an orthodontic assistant permit or a dental sedation assistant permit shall not exceed fifty dollars ($50). two hundred dollars ($200).
(d)The fee for the written examination for an orthodontic assistant permit or a dental sedation assistant permit shall not exceed the actual cost of the examination.
(e)The fee for the written examination for a registered dental assistant shall not exceed the actual cost of the examination.
(e)
(f)The fee for the written examination in law and ethics for a registered dental assistant shall not exceed the actual cost of the examination.
(f)
(g)The fee for examination for licensure as a registered dental assistant in extended functions shall not exceed the actual cost of the examination.
(g)
(h)The fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(h)
(i)For third- and fourth-year dental students, the fee for examination for licensure as a registered dental hygienist shall not exceed the actual cost of the examination.
(i)
(j)The fee for examination for licensure as a registered dental hygienist in extended functions shall not exceed the actual cost of the examination.
(j)
(k)The board shall establish the fee at an amount not to exceed the actual cost for licensure as a registered dental hygienist in alternative practice.
(k)
(l)The biennial renewal fee for a registered dental assistant whose license expires on or after January 1, 1991, shall not exceed sixty dollars ($60). On or after January 1, 1992, the board may set the renewal fee for a registered dental assistant license, registered dental assistant in extended functions license, dental sedation assistant permit, or orthodontic assistant permit in an amount shall not to exceed eighty two hundred dollars ($80). ($200).
(l)
(m)The delinquency fee shall not exceed twenty-five dollars ($25) or one-half of the renewal fee, whichever is greater. Any delinquent license or permit may be restored only upon payment of all fees, including the delinquency fee. be 50 percent of the renewal fee for the license or permit in effect on the date of the renewal of the license or permit.
(m)
(n)The fee for issuance of a duplicate registration, license, permit, or certificate to replace one that is lost or destroyed, or in the event of a name change, shall not exceed twenty-five one hundred dollars ($25). ($100).
(n)
(o)The fee for each curriculum review and site evaluation for educational programs for registered dental assistants that are not accredited by a board-approved agency, or the Chancellors office of the California Community Colleges shall not exceed one seven thousand four five hundred dollars ($1,400). ($7,500).
(o)
(p)The fee for review of each approval application or reevaluation for a course that is not accredited by a board-approved agency, agency or the Chancellors office of the California Community Colleges shall not exceed three hundred dollars ($300). two thousand dollars ($2,000).
(p)No fees or charges other than those listed in subdivisions (a) to (o), inclusive, above shall be levied by the board in connection with the licensure or permitting of dental assistants, registered dental assistant educational program site evaluations and course evaluations pursuant to this chapter.
(q)Fees fixed by the board pursuant to this section shall not be subject to the approval of the Office of Administrative Law.
(r)
(q)Fees collected pursuant to this section shall be deposited in the State Dental Assistant Fund.
SEC. 16.Section 2841 of the Business and Professions Code is amended to read:2841.(a)There is in the Department of Consumer Affairs a Board of Vocational Nursing and Psychiatric Technicians of the State of California, consisting of 11 members.
(b)Within the meaning of this chapter, board, or the board, refers to the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(c)This section shall remain in effect only until January 1, 2016, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 17.Section 2847 of the Business and Professions Code is amended to read:2847.(a)The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties.
(b)The person selected to be the executive officer of the board shall be a duly licensed vocational nurse under this chapter, a duly licensed professional nurse as defined in Section 2725, or a duly licensed psychiatric technician. The executive officer shall not be a member of the board.
(c)With the approval of the Director of Finance, the board shall fix the salary of the executive officer.
(d)The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred.
(e)This section shall remain in effect only until January 1, 2016, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SEC. 18.Section 2894 of the Business and Professions Code is amended to read:2894.(a)All money in the Vocational Nursing and Psychiatric Technicians Fund shall be used to carry out the provisions of this chapter, including the promotion of nursing education in this state, and Chapter 10 (commencing with Section 4500), and for the refund, in accordance with law, of license fees or other moneys paid into the Vocational Nursing and Psychiatric Technicians Fund under the provisions of this chapter. chapter and Chapter 10 (commencing with Section 4500).
Claims
(b)Claims against the Vocational Nursing and Psychiatric Technicians Fund shall be audited by the Controller, and shall be paid by the Treasurer upon warrants drawn by the Controller.
SEC. 19.Section 4501 of the Business and Professions Code is amended to read:4501.(a)Board, as used in this chapter, means the Board of Vocational Nursing and Psychiatric Technicians of the State of California.
(b)This section shall remain in effect only until January 1, 2016, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SEC. 20.Section 4503 of the Business and Professions Code is amended to read:4503.(a)The board shall administer and enforce this chapter.
(b)This section shall remain in effect only until January 1, 2016, 2018, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. repealed.
SEC. 21.Section 4547 of the Business and Professions Code is amended to read:4547.All expenses incurred in the operation of this chapter or Chapter 6.5 (commencing with Section 2840) shall be paid out of the Vocational Nursing and Psychiatric Technicians Fund from the revenue received by the board under this chapter or Chapter 6.5 (commencing with Section 2840) and deposited in the Vocational Nursing and Psychiatric Technicians Fund. No part of the expenses shall be charged against any funds which are derived from any functions of the board provided for in other chapters of this code.
(a)There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b)For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c)The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2020, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
SEC. 2.Section 1616.5 of the Business and Professions Code is amended to read:1616.5.(a)The board, by and 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 board and vested in him or her by this chapter.
(b)This section shall remain in effect only until January 1, 2016, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, 2020, deletes or extends that date.
|
Date
|
Status
|
|---|---|
| Jun 30, 2015 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B., P. & E.D. |
| Oct 6, 2015 | Chaptered by Secretary of State - Chapter 510, Statutes of 2015. |
| Oct 6, 2015 | Approved by the Governor. |
| Sep 23, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 11.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 11. Page 3131.). |
| Sep 11, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 5. Page 2703.). |
| Sep 10, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Sep 10, 2015 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2015 | Read second time. Ordered to third reading. |
| Sep 4, 2015 | Read third time and amended. Ordered to second reading. |
| Aug 31, 2015 | Read second time and amended. Ordered to third reading. |
| Aug 27, 2015 | From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (August 27). |
| Aug 17, 2015 | In committee: Referred to APPR. suspense file. |
| Jul 7, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1.) (July 6). Re-referred to Com. on APPR. |
| Jan 26, 2015 | Read first time. To print. |
| Jun 11, 2015 | Referred to Com. on B., P. & E.D. |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17. Page 1702.) |
| Jun 1, 2015 | Read third time. Passed. Ordered to the Senate. |
| Jun 1, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 28, 2015 | Read second time. Ordered to third reading. |
| May 28, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 28). |
| May 20, 2015 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| May 20, 2015 | In committee: Set, first hearing. Referred to suspense file. |
| May 6, 2015 | Re-referred to Com. on APPR. |
| May 5, 2015 | Read second time and amended. |
| May 4, 2015 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 28). |
| Apr 28, 2015 | Re-referred to Com. on B. & P. |
| Apr 27, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended. |
| Feb 2, 2015 | Referred to Com. on B. & P. |
| Jan 27, 2015 | From printer. May be heard in committee February 26. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 11, 2015 | AB 179 BONILLA Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 10, 2015 | Assembly 3rd Reading AB179 Bonilla By Hill | Senate Floor |
Passed |
|
| Aug 27, 2015 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 17, 2015 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 6, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Business, Professions and Economic Development |
Passed |
|
| Jun 1, 2015 | AB 179 BONILLA Assembly Third Reading | Assembly Floor |
Passed |
|
| May 28, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 28, 2015 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Business and Professions |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Board of Vocational Nursing and Psychiatric Technicians | ** Support | Sep 10, 2015 |
| California Dental Assistants Association | ** Support | Sep 10, 2015 |
| California Dental Assisting Teachers Association | ** Support | Sep 10, 2015 |
| Dental Board | * Support | Jul 6, 2015 |
| Dental Board of California | ** Support | Sep 10, 2015 |
| Dental Hygiene Committee of California | ** Support | Sep 10, 2015 |
| Pasadena City College | ** Support | Sep 10, 2015 |
| VSP Vision Care | * Support | Jul 6, 2015 |
AB 179
Page 5
CONCURRENCE IN SENATE AMENDMENTS
AB 179
(Bonilla)
As Amended September 4, 2015
Majority vote
ASSEMBLY: |
60-17 |
(June 1, 2015) |
SENATE: |
32-5 |
(September 10, 2015) |
Original Committee Reference: B. & P.
SUMMARY: Extends the operation of the Dental Board of California (DBC) until January 1, 2020, and increases statutory fee caps relating to dentists and dental assistants, and authorizes the Dental Board to suspend the dental assistant practical examination. Extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018, requires the appointment of an enforcement monitor to oversee the BVNPT's disciplinary system, and requires the internal audit unit of the Department of Consumer Affairs to review the BVNPT, as specified.
The Senate amendments:
Delay the merging of the Vocational Nurse Account and the Psychiatric Technician Examiners Account until July 1, 2016.
Limit the term of a member of the Dental Assisting Council to no more than two full terms.
On or before July 1, 2017, require the Dental Board, in consultation with the Office of Professional Examination Services, to determine whether a dental assistant practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature.
Authorize the Dental Board to suspend the dental assistant practical examination until July 1, 2017, if it determines that the practical examination is unnecessary or does not accurately measure the competency of a dental assistant.
Until January 1, 2018, delete the requirement that the executive officer of the BVNPT be a vocational nurse, registered nurse, or psychiatric technician.
Require the Director of the Department of Consumer Affairs (DCA) to appoint an administrative and enforcement program monitor no later than March 1, 2016, and would require the monitor to monitor and evaluate the administrative process and disciplinary system and procedures of the BVNPT for a period of no more than two years, as specified.
Require the DCA's internal audit unit to review the BVNPT's financial needs, fee structure, budget, and expenditures, as specified.
Add double joining language to address chaptering out issues with AB 177 (Bonilla) and AB 180 (Bonilla) of the current legislative session.
Make technical and clarifying amendments.
FISCAL EFFECT: According to the Senate Appropriations Committee:
No significant costs are anticipated due to the extension of the sunset on the DBC. Current law imposes a sunset on the existence of the DBC as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of dentistry. If the DBC was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Significant increases in licensing fee revenues to the DBC are possible under the bill. This bill authorizes the DBC, through regulation, to raise a number of licensing fees currently capped in statute. If the DBC were to raise the fees to the maximum level authorized in the bill, additional annual revenues would be about $2.8 million per year for dentist licensing fees and $2.7 million per year for other regulatory fees. The actual amount of fee revenue collected by the DBC will depend on the actual fee levels set through regulation.
No significant costs are anticipated due to the extension of the sunset on the BVNPT. Current law imposes a sunset on the existence of the BVNPT as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of vocational nurses or psychiatric technicians. If the BVNPT was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant fiscal impact on licensing fees is anticipated due to the merger of the Vocational Nurses Account and the Psychiatric Technician Examiners Account. The BVNPT operates the licensing and enforcement programs for vocational nurses and psychiatric technicians as one administrative program. Thus the current practice of separating licensing fees into separate accounts does not reflect the BVNPT's current business practices. Merging the two accounts is not anticipated to require licensing fees from one group of licensees to subsidize another group of licensees.
One-time costs of $140,000 to change the information technology systems used by the DBC to accommodate the suspension of the practical examination. The cost to modify information technology systems includes changes to the system currently in use by the DBC and updates to the BreEZe system, which the DBC will begin using to process licensing applications and renewals in 2016.
No significant additional costs are anticipated to review the current practical examination in use by the DBC, as the DBC has already begun this process.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "This bill is necessary to ensure that consumers are protected by the continued operation of the DBC. The [DBC's] sunset bill raised numerous issues, including the adequacy of the Dentistry Fund condition and the practical examination for registered dental assistants. The DBC has been operating with a major structural deficit, and is faced with impending deficits. Prior to recent increases to its initial and renewal licensure fees, the DBC had not raised fees for nearly two decades. A recent audit of the DBC’s finances shows that the cost for licensure and permitting categories do not sufficiently cover the cost for that license or permit. As a result, this bill proposes to increase statutory fee caps across all categories to let the DBC begin to recover its costs, help solve its structural imbalance, and build a healthy reserve. These fee caps are intended to carry the DBC over for many years, and any actual increase in fees would need to go through the regulatory process, thereby ensuring that licensees may voice any concerns to potential increases.
"In addition, on February 13, 2012, the BVNPT approved a merger of the vocational nursing fund and the psychiatric technician fund as an alternative to a statutory amendment to raising fees for the psychiatric technician fees. This bill would advance the fiscal solvency of the BNVPT by merging these funds. The bill will also increase accountability by extending the BVNPT's sunset date only until January 1, 2018, thereby increasing legislative oversight of the BVNPT in light of the significant issues raised in the BVNPT's sunset background paper."
Sunset Review. On March 23, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the DBC and the BVNPT. As part of the Sunset Review, the DBC and the BVNPT each prepared a sunset report, which was submitted to the Committees and Committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a "sunset." Without an extension of this sunset date, the Board would cease to exist.
DBC Dental Fund Condition. The Dentistry Fund is maintained by the DBC and includes the revenues and expenditures related to licensing for dentists. For 16 years, the license fee for dentists was set at $365. In 2013, for the first time in 16 years, the DBC increased its license fee for dentists from $365 to its statutory cap at the time of $450. These regulations went into effect on July 1, 2014. During that time, the DBC also pursued an increase in statute from $450 to $525. SB 1416 (Block) Chapter 73, Statutes of 2014, raised the DBC's fee for initial and renewal licenses for dentists from $450 to $525, and set fees at that level. During that time, an analysis conducted by the DCA's Budget Office determined that the license fees should be raised to $525 to ensure solvency into the foreseeable future. While fees increased have generated additional revenue, the DBC's expenditures, projected to be over $12 million per year, continue to outpace its revenue, projected to be less than $11 million per year, thus perpetuating a structural imbalance. Part of the reason for the increase in projected and actual expenditures in recent years has been due to funding 12.5 CPEI positions; funding the diversion program; increased expenses associated with BreEZe; unexpected litigation expenses; and the general increase in the cost of doing business over the past 16 years. While the DBC has expended less than what it has been authorized by the budget due to some cost savings and reimbursements, the DBC emphasizes that its fund should be able to sustain expenditures without relying on estimated savings or reimbursements.
Based on data from the past five fiscal years, the DBC calculated that the Dentistry Fund will be able to sustain expenditures into FY 2017-18 before facing a deficit. The DBC projects it will only have 0.5 months in reserve in FY 2016-17, and underwent a fee rate audit to determine the appropriate fee amounts to assess and to project fee levels into the future. The DBC has shared its recent fee audit, which discovered that in addition to the DBC's operational imbalance, it is limited in its ability to recover the true cost of licensure and regulation for dentists and dental assistants based on many of the set fees, which do not cover the actual costs. In light of this fee audit, the DBC is requesting an increase in all statutory fee caps relating to dentists and dental assistants, including, but not limited to, those fees relating to licensure, permits, and examinations.
While some of these fee increases are dramatic, they reflect the fact that many of these fee caps have not been raised in nearly up to two decades. The DBC's intent is for this large increase in statutory fee caps to cover its potential need to increase fees over a period of many years, including beyond the next sunset period. The DBC would have to raise any fees through the regulatory process, however, ensuring that there will be additional time and robust opportunity for public participation prior to the increase of any fee.
RDA Practical Examination. The pass rates for the RDA Practical Exam averaged roughly 83% over the past four fiscal years. However, in 2014, pass rates dropped dramatically. Passage rates declined from an over 80% average to a 38% pass rate in August 2014, 19% in November 2014, to 33% in February 2015. The sharp declines occurred after the practical examinations were recalibrated. In addition, recent examination scores from the February 2015 examination indicate that these rates continue to be very low. The DBC is conducting an occupational analysis to determine the best way to measure competency of RDAs. This bill would authorize the DBC to suspend, until July 1, 2017, the practical examination if the occupation analysis concludes that the examination is unnecessary or does not accurately measure the competency of RDAs. Applicants for licensure would still need to meet all other existing requirements for licensure, including passing the written examination.
BVNPT Fund Merger. Both the Licensed Vocational Nurse (LVN) and Psychiatric Technician (PT) programs are at the statutory maximums for the fees they charge licensees. In July of 2012, the Board submitted a Budget Change Proposal (BCP) requesting the merger of the LVN and PT funds. The BCP was denied as the PTs fund condition was expected to remain solvent through FY 2015-16. The Board was advised to seek a statutory proposal to merge the funds versus a BCP.
According to the Board, current budget projections indicate that the LVN program fund reserve will remain solvent past FY 2020-21. The PTs program fund reserve will be exhausted by 2017-18. On February 13, 2012, the Board approved a merger of the funds as an alternative to a statutory amendment to raise the PTs fee ranges. The Board has been advised by the DCA Budget Office that the merger would delay a deficit and the need to increase fees for three to four years. This bill will merge the LVN and PT funds.
BVNPT Sunset Date. A review of the issues raised during the last review of the Board in 2011 reveals that the Board has made some strides towards meaningful change. However, the outstanding issues also reveal that the Board has experienced some significant problems that have impacted its overall functioning, the oversight of licensees and protection of the public. As highlighted above, the Board has shown deficiencies and discrepancies in the areas of enforcement and management of funds. Due to these continuing problems as well as potential issues concerning the management and operations of the Board, it appears that this Board requires additional oversight and direction. This bill will extend the BVNPT's sunset date to January 1, 2018.
BVNPT Management. Since the inception of the Sunset Review Oversight process, there have been occasions when the operations of a licensing entity are called into question and require additional scrutiny. This is typically in response to information that is presented to the Legislature that warrants further investigation. The Assembly Business and Professions Committee staff believes that this is the case with the BVNPT Board. As a result, this bill will enlist the support of the DCA's Internal Audit Office and will place an enforcement monitor within the BVNPT to observe the activities for two years.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0002358
AB 179
Page 6
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 179
Amended: 9/4/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 7-1, 7/6/15
AYES: Hill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
NOES: Bates
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 60-17, 6/1/15 - See last page for vote
DIGEST: This bill extends the operation of the Dental Board of California (DBC) until January 1, 2020; increases statutory fee caps relating to dentists and dental assistants; extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018; merges the Vocational Nursing fund and the Psychiatric Technician funds; authorizes the DBC to suspend the practical exam requirement for licensure as a registered dental assistant (RDA) after an evaluation of the exam; removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, registered nurse, or psychiatric technician; and requires the appointment of an Administrative and Enforcement Program Monitor (AEPM) to oversee the BVNPT’s disciplinary system.
Senate Floor Amendments of 9/4/15 (1) reinstate the practical exam requirement for RDAs and state that if the review of the practical exam concludes that it is unnecessary or does not accurately measure the competency of the RDA, the DBC may vote to suspend the practical examination until July 1, 2018; and (2) add double jointing language with ABs 177 (Bonilla), 180 (Bonilla), and 483 (Patterson).
Existing law:
Provides for the licensure and regulation of vocational nurses and psychiatric technicians by the BVNPT and extends the operation of the BVNPT until January 1, 2016. (Business and Professions Code (BPC) §§ 2840-2895.5)
Establishes the Dental Practice Act (Act), administered by the DBC within the Department of Consumer Affairs (DCA), to license and regulate the practice of dentistry, and sunsets the DBC on January 1, 2016. (BPC §§ 1600, et seq.)
This bill:
Expands the exception to all hearing arts licensees that it is not unprofessional conduct for a healing arts licensee to engage in consensual sexual conduct with his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, for that person.
Extends the DBC’s sunset until January 1, 2020.
Consolidates references to fees in the general fee provisions section of the Act and increases fee amounts, as specified.
Requires the DBC to, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of RDAs, and if so, how this examination should be developed and administered. The DBC shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
Authorizes the DBC to vote to suspend the practical examination until July 1, 2018 if the review conducted by the Office of Professional Examination Services concludes that the practical examination is unnecessary or does not accurately measure the competency of RDA. If the DBC votes to suspend the practical examination, it shall post a notice on its Internet Web site stating that the practical examination has been suspended until July 1, 2018.
Removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, a licensed professional nurse, or a licensed psychiatric technician.
Extends the sunset date on provisions related to the BVNPT executive officer until January 1, 2018.
Requires the director of the DCA to appoint an AEPM for BVNPT no later than March 1, 2016, and authorizes the director to retain a person for this position by a personal services contract. Requires the director to supervise the AEPM and authorizes him or her terminate or dismiss the AEPM from this position. If the director terminates the AEPM, he or she must appoint a replacement AEPM within two months. Requires the AEPM to monitor and evaluate the following:
BVNPT’s administrative processes, with specific concentration on the management of staff, assistance of BVNPT members, and working relationship with the Legislature, as specified.
The BVNPT’s disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, as specified.
Requires the AEPM to submit to the DCA, the BVNPT, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and be available to make oral reports to each entity if requested to do so. The AEPM may also provide additional information to either the DCA or the Legislature at his or her discretion or at the request of either the DCA or the Legislature. The AEPM shall make his or her reports available to the public or the media. The AEPM shall make every effort to provide the BVNPT with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the BVNPT may disagree. Requires the AEPM to issue a final report before January 1, 2018 including the final findings and conclusions on the topics addressed in the initial report.
Requires DCA’s internal audit unit to review the BVNPT’s financial needs, fee structure, budget, and expenditures. The DCA director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of the estimated costs of meeting staffing and other requirements , as specified, based on findings of the review.
Merges the Vocational Nurse Account and the Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund on July 1, 2016, to become the Vocational Nursing and Psychiatric Technicians Fund.
Adds double jointing language with AB 177 (Bonilla), AB 180 (Bonilla), and AB 483 (Patterson).
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including DBC and BVNPT. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a background paper and in discussions stemming from an oversight hearing on these entities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
No significant costs are anticipated due to the extension of the sunset on the DBC (State Dentistry Fund) and BVNPT (Vocational Nursing and Psychiatric Technicians Fund), no significant costs are anticipated due to the merger of the Vocational Nurses Account and the Psychiatric Technician Examiners Account and no significant additional costs are anticipated to review the current practical examination in use by the DBC, as it has already begun this process.
Significant increases in licensing fee revenues to the DBC are possible under this bill (State Dentistry Fund). This bill authorizes the DBC, through regulation, to raise a number of licensing fees currently capped in statute. If the DBC were to raise the fees to the maximum level authorized in this bill, additional annual revenues would be about $2.8 million per year for dentist licensing fees and $2.7 million per year for other regulatory fees (State Dentistry Fund). The actual amount of fee revenue collected by the DBC will depend on the actual fee levels set through regulation.
One-time costs of $140,000 to change the information technology systems used by the DBC to accommodate the suspension of the practical examination (State Dentistry Fund). The cost to modify information technology systems includes changes to the system currently in use by the DBC and updates to the BreEZe system, which the DBC will begin using to process licensing applications and renewals in 2016.
Annual costs of about $180,000 per year to support the Executive Officer position at the BVNPT, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund). Existing law sunsets the statutory authority for the Executive Officer position on January 1, 2016. This bill extends the authority to employ this position until January 1, 2018.
Total costs of about $350,000 over three fiscal years to employ an AEPM over the enforcement program at the BVNPT (Vocational Nursing and Psychiatric Technicians Fund).
None received
None received
ASSEMBLY FLOOR: 60-17, 6/1/15
AYES: Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, Mathis, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Brough, Chávez, Beth Gaines, Grove, Harper, Irwin, Lackey, Maienschein, Mayes, Melendez, Olsen, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Dahle, Gallagher, Waldron
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
9/8/15 15:27:19
**** END ****
AB 179
Page 7
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 179
Amended: 8/31/15 in Senate
SENATE BUS, PROF. & ECON. DEV. COMMITTEE: 7-1, 7/6/15
AYES: Hill, Block, Galgiani, Hernandez, Jackson, Mendoza, Wieckowski
NOES: Bates
NO VOTE RECORDED: Berryhill
SENATE APPROPRIATIONS COMMITTEE: 6-1, 8/27/15
AYES: Lara, Bates, Beall, Hill, Leyva, Mendoza
NOES: Nielsen
ASSEMBLY FLOOR: 60-17, 6/1/15 - See last page for vote
DIGEST: This bill extends the operation of the Dental Board of California (DBC) until January 1, 2020; increases statutory fee caps relating to dentists and dental assistants; extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018; merges the Vocational Nursing fund and the Psychiatric Technician funds; suspends the practical exam requirement for licensure as a registered dental assistant (RDA) until July 1, 2017, during which time the DBC must evaluate the exam; removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, registered nurse, or psychiatric technician; and requires the appointment of an Administrative and Enforcement Program Monitor to oversee the BVNPT’s disciplinary system.
Existing law:
Provides for the licensure and regulation of vocational nurses and psychiatric technicians by the BVNPT and extends the operation of the BVNPT until January 1, 2016. (Business and Professions Code (BPC) §§ 2840-2895.5)
Establishes the Dental Practice Act (Act), administered by the DBC within the Department of Consumer Affairs (DCA), to license and regulate the practice of dentistry, and sunsets the DBC on January 1, 2016. (BPC §§ 1600, et seq.)
This bill:
Merges the Vocational Nurse Account and the Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund on July 1, 2016, to become the Vocational Nursing and Psychiatric Technicians Fund.
Expands the exception to all hearing arts licensees that it is not unprofessional conduct for a healing arts licensee to engage in consensual sexual conduct with his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, for that person.
Extends the DBC’s sunset until January 1, 2020.
Consolidates references to fees in the general fee provisions section of the Act and increases fee amounts, as specified.
Requires every applicant and licensee who has an electronic mail address to report to the DBC that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
Requires the DBC to annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
Limits the term of a member of the Dental Assisting Council to no more than two full terms.
Extends the sunset date on the BVNPT until January 1, 2018.
Suspends the requirement of a practical exam for licensure as a RDA and related provisions of law until July 1, 2017.
Requires the DBC to, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of RDAs, and if so, how this examination should be developed and administered. The DBC shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017.
Removes the requirement that the executive officer of the BVNPT be a licensed vocational nurse, a licensed professional nurse, or a licensed psychiatric technician.
Extends the sunset date on provisions related to the BVNPT executive officer until January 1, 2018.
Requires the director of the DCA to appoint an Administrative and Enforcement Program Monitor (AEPM) for BVNPT no later than March 1, 2016, and authorizes the director to retain a person for this position by a personal services contract.
Requires the director to supervise the AEPM and authorizes him or her terminate or dismiss the AEPM from this position. If the director terminates the AEPM, he or she must appoint a replacement AEPM within two months.
Requires the AEPM to monitor and evaluate the following:
BVNPT’s administrative processes, with specific concentration on the management of staff, assistance of BVNPT members, and working relationship with the Legislature, as specified.
The BVNPT’s disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program, as specified.
Prohibits the AEPM from exercising authority over the BVNPT’s management or staff; however, the BVNPT and its staff shall cooperate with the AEPM, and shall provide data, information, and files as requested by the AEPM to perform all of his or her duties.
Requires the director to assist the AEPM in the performance of his or her duties, and grants the AEPM the same investigative authority as the director.
Requires the director to specify further duties of the AEPM.
Requires the AEPM to submit to the DCA, the BVNPT, and the Legislature an initial written report of his or her findings and conclusions no later than July 1, 2016, and subsequent written reports no later than November 1, 2016, and February 1, 2017, and be available to make oral reports to each entity if requested to do so. The AEPM may also provide additional information to either the DCA or the Legislature at his or her discretion or at the request of either the DCA or the Legislature. The AEPM shall make his or her reports available to the public or the media. The AEPM shall make every effort to provide the BVNPT with an opportunity to reply to any facts, findings, issues, or conclusions in his or her reports with which the BVNPT may disagree.
Requires the AEPM to issue a final report before January 1, 2018 including the final findings and conclusions on the topics addressed in the initial report.
Requires BVNPT to pay for all of the costs associated with the employment of the AEPM.
Requires DCA’s internal audit unit to review the BVNPT’s financial needs, fee structure, budget, and expenditures. The DCA director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of the estimated costs of meeting staffing and other requirements , as specified, based on findings of the review.
Background
In 2015, the Senate Business, Professions and Economic Development Committee and the Assembly Business and Professions Committee (Committees) conducted joint oversight hearings to review 12 regulatory entities including DBC and BVNPT. This bill is intended to implement legislative changes as recommended by staff of the Committees reflected in a Background Paper and in discussions stemming from an oversight hearing on these entities.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee:
No significant costs are anticipated due to the extension of the sunset on the DBC (State Dentistry Fund). Current law imposes a sunset on the existence of the DBC as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of dentistry. If the DBC was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Significant increases in licensing fee revenues to the DBC are possible under this bill (State Dentistry Fund). This bill authorizes the DBC, through regulation, to raise a number of licensing fees currently capped in statute. If the DBC were to raise the fees to the maximum level authorized in this bill, additional annual revenues would be about $2.8 million per year for dentist licensing fees and $2.7 million per year for other regulatory fees (State Dentistry Fund). The actual amount of fee revenue collected by the DBC will depend on the actual fee levels set through regulation.
No significant costs are anticipated due to the extension of the sunset on the BVNPT (Vocational Nursing and Psychiatric Technicians Fund). Current law imposes a sunset on the existence of the BVNPT as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of vocational nurses or psychiatric technicians. If the BVNPT was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant fiscal impact on licensing fees is anticipated due to the merger of the Vocational Nurses Account and the Psychiatric Technician Examiners Account. The BVNPT operates the licensing and enforcement programs for vocational nurses and psychiatric technicians as one administrative program. Thus the current practice of separating licensing fees into separate accounts does not reflect the BVNPT’s current business practices. Merging the two accounts is not anticipated to require licensing fees from one group of licensees to subsidize another group of licensees.
One-time costs of $140,000 to change the information technology systems used by the DBC to accommodate the suspension of the practical examination (State Dentistry Fund). The cost to modify information technology systems includes changes to the system currently in use by the DBC and updates to the BreEZe system, which the DBC will begin using to process licensing applications and renewals in 2016.
No significant additional costs are anticipated to review the current practical examination in use by the DBC, as it has already begun this process.
Annual costs of about $180,000 per year to support the Executive Officer position at the BVNPT, including salary, benefits, and overhead costs (Vocational Nursing and Psychiatric Technicians Fund). Existing law sunsets the statutory authority for the Executive Officer position on January 1, 2016. This bill extends the authority to employ this position until January 1, 2018.
Total costs of about $350,000 over three fiscal years to employ an AEPM over the enforcement program at the BVNPT (Vocational Nursing and Psychiatric Technicians Fund).
Board of Vocational Nursing and Psychiatric Technicians
California Dental Assistants Association
California Dental Assisting Teachers Association
Dental Board of California
Dental Hygiene Committee of California
Foundation for Allied Dental Education
Pasadena City College
OPPOSITION: (Verified 8/31/15)
Numerous individuals
ARGUMENTS IN SUPPORT: The Dental Board of California writes in support, “This important measure would extend the licensing and regulation functions as well as other provisions relating to the Board until January 1, 2020, increase the allowable maximum fee ceilings the Board is authorized to assess, and authorize the Board to collect electronic mail addresses of applicants and licensees. These provisions will provide the resources necessary for the Board to continue its mission of protecting the public.”
ARGUMENTS IN OPPOSITION: Numerous individuals express concern that the lack of a practical exam will place patients in harm’s way for lack of competency. “Not having an unbiased third party to evaluate the testing candidate is not in the interest of public safety (you and myself included). To allow a candidate the right to become an RDA without a practical exam will prove to be harmful to the public and paying consumer.”
ASSEMBLY FLOOR: 60-17, 6/1/15
AYES: Alejo, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Levine, Linder, Lopez, Low, Mathis, McCarty, Medina, Mullin, Nazarian, Obernolte, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins
NOES: Achadjian, Travis Allen, Brough, Chávez, Beth Gaines, Grove, Harper, Irwin, Lackey, Maienschein, Mayes, Melendez, Olsen, Patterson, Steinorth, Wagner, Wilk
NO VOTE RECORDED: Dahle, Gallagher, Waldron
Prepared by: Sarah Huchel / B., P. & E.D. / (916) 651-4104
8/31/15 19:35:13
**** END ****
AB 179 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 179 (Bonilla) - Healing arts
|
|
Version: June 30, 2015 |
Policy Vote: B., P. & E.D. 7 - 1 |
Urgency: No |
Mandate: No |
Hearing Date: August 27, 2015 |
Consultant: Brendan McCarthy |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 27, 2015
Bill Summary:
AB 179 would extend the statutory sunset on the Dental Board of California until January 1, 2020 and increase the statutory caps on fees assessed by the Dental Board. The bill would extend the statutory sunset of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2018 and merge the Vocational Nurses Account and the Psychiatric Technician Examiners Account. The bill would suspend the practical examination requirement for licensure as a registered dental assistant until July 1, 2017.
Fiscal Impact:
No significant costs are anticipated due to the extension of the sunset on the Dental Board of California (State Dentistry Fund). Current law imposes a sunset on the existence of the Dental Board as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of dentistry. If the Dental Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Significant increases in licensing fee revenues to the Dental Board are possible under the bill (State Dentistry Fund). The bill authorizes the Dental Board, through regulation, to raise a number of licensing fees currently capped in statute. If the Board were to raise the fees to the maximum level authorized in the bill, additional annual revenues would be about $2.8 million per year for dentist licensing fees and $2.7 million per year for other regulatory fees (State Dentistry Fund). The actual amount of fee revenue collected by the Board will depend on the actual fee levels set through regulation.
No significant costs are anticipated due to the extension of the sunset on the Board of Vocational Nursing and Psychiatric Technicians (Vocational Nursing and Psychiatric Technicians Fund). Current law imposes a sunset on the existence of the Board of Vocational Nursing and Psychiatric Technicians as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of vocational nurses or psychiatric technicians. If the Board of Vocational Nursing and Psychiatric Technicians was allowed to sunset, the overall licensing and regulatory program would still exist in law.
No significant fiscal impact on licensing fees is anticipated due to the merger of the Vocational Nurses Account and the Psychiatric Technician Examiners Account. The Board operates the licensing and enforcement programs for vocational nurses and psychiatric technicians as one administrative program. Thus the current practice of separating licensing fees into separate accounts does not reflect the Board’s current business practices. Merging the two accounts is not anticipated to require licensing fees from one group of licensees to subsidize another group of licensees.
One-time costs of $140,000 to change the information technology systems used by the Dental Board of California to accommodate the suspension of the practical examination (State Dentistry Fund). The cost to modify information technology systems includes changes to the system currently in use by the Dental Board and updates to the BreEZe system, which the Dental Board will begin using to process licensing applications and renewals in 2016.
No significant additional costs are anticipated to review the current practical examination in use by the Dental Board, as the Board has already begun this process.
Author Amendments:
Suspend the practical examination requirement for registered dental assistant applicants until July 1, 2017 and require the Dental Board of California to conduct a review of the necessity of requiring a practical examination as part of the licensing process for registered dental assistants. [Those provisions were formerly included in AB 178 (Bonilla)].
-- END --
AB 179 (Bonilla) Page 2 of 2
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 179 (Bonilla) - Healing arts
|
|
Version: June 30, 2015 |
Policy Vote: B., P. & E.D. 7 - 1 |
Urgency: No |
Mandate: No |
Hearing Date: August 17, 2015 |
Consultant: Brendan McCarthy |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 179 would extend the statutory sunset on the Dental Board of California until January 1, 2020 and increase the statutory caps on fees assessed by the Dental Board. The bill would extend the statutory sunset of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2018 and merge the Vocational Nurses Account and the Psychiatric Technician Examiners Account.
Fiscal Impact:
No significant costs are anticipated due to the extension of the sunset on the Dental Board of California (State Dentistry Fund). Current law imposes a sunset on the existence of the Dental Board as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of dentistry. If the Dental Board was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Significant increases in licensing fee revenues to the Dental Board are possible under the bill (State Dentistry Fund). The bill authorizes the Dental Board, through regulation, to raise a number of licensing fees currently capped in statute. If the Board were to raise the fees to the maximum level authorized in the bill, additional annual revenues would be about $2.8 million per year for dentist licensing fees and $2.7 million per year for other regulatory fees (State Dentistry Fund). The actual amount of fee revenue collected by the Board will depend on the actual fee levels set through regulation.
No significant costs are anticipated due to the extension of the sunset on the Board of Vocational Nursing and Psychiatric Technicians (Vocational Nursing and Psychiatric Technicians Fund). Current law imposes a sunset on the existence of the Board of Vocational Nursing and Psychiatric Technicians as an appointed board. However, there is no sunset on the larger body of law requiring licensure and oversight of the practice of vocational nurses or psychiatric technicians. If the Board of Vocational Nursing and Psychiatric Technicians was allowed to sunset, the overall licensing and regulatory program would still exist in law.
Uncertain impact on licensing fee revenues paid by vocational nurses and psychiatric technicians due to the merger of the Vocational Nurses Account and the Psychiatric Technician Examiners Account. The licensing fees assessed on vocational nurses and psychiatric technicians are currently set at their statutory caps. The Vocational Nurses Account is projected to maintain solvent through 2020-21. However, the Psychiatric Technician Examiners Account has a structural deficit and is projected to be insolvent by 2017-18. Rather than propose a statutory change to allow the Board to raise the licensing fees assessed on psychiatric technicians, this bill would merge the two accounts, effectively using the licensing fees paid by vocational nurses to pay for the program costs associated with licensing and regulating psychiatric technicians.
Background:
Under current law, the Dental Board licenses and regulates the practice of dentistry in the state. Current law sets statutory maximums for the various licensing fees assessed by the Dental Board. Current law sunsets the existence of the Dental Board on January 1, 2016. There is no statutory sunset on the Dental Practice Act, itself.
Under current law the Board of Vocational Nursing and Psychiatric Technicians licenses and regulates the professional practice of vocational nurses and psychiatric technicians. Current law sets statutory maximums for the various licensing fees assessed by the Board of Vocational Nursing and Psychiatric Technicians. Current law sunsets the existence of the Board of Vocational Nursing and Psychiatric Technicians on January 1, 2016. There is no statutory sunset on the larger bodies of law requiring licensure of vocational nurses or psychiatric technicians or regulating their respective practices. Current law provides for a separate Vocational Nurses Account and a Psychiatric Technician Examiners Account, both within the Vocational Nursing and Psychiatric Technicians Fund. Historically, these accounts have been separately budgeted and displayed in budget documents.
Proposed Law:
AB 179 would extend the statutory sunset on the Dental Board of California until January 1, 2020 and increase the statutory caps on fees assessed by the Dental Board. The bill would also make minor changes to related laws.
The bill would extend the statutory sunset of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2018 and merge the Vocational Nurses Account and the Psychiatric Technician Examiners Account.
Related Legislation:
This bill is one of several sunset review bills relating to licensing boards and bureaus within the Department of Consumer Affairs.
Staff Comments:
As noted above, the proposal to merge the Vocational Nurses Account and the Psychiatric Technician Examiners Account is intended to restore solvency to the Psychiatric Technician Examiners Account, using fee revenues in the Vocational Nurses Account. It appears that this proposal would result in licensing fees paid by vocational nurses being used to subsidize the licensure and regulation of psychiatric technicians.
-- END --
AB 179 (Bonilla) Page 8 of 8
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 179 Hearing Date: July 6, 2015
Author: |
Bonilla |
||
Version: |
June 30, 2015 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Sarah Huchel |
||
Subject: Healing arts.
SUMMARY:
Extends the operation of the Dental Board of California (DBC) until
January 1, 2020, increases statutory fee caps relating to dentists and dental assistants, extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018, merges the Vocational Nursing fund and the Psychiatric Technician funds, and makes other changes as specified.
Existing law:
Establishes the Dental Practice Act (Act), administered by the DBC within the Department of Consumer Affairs (DCA), to license and regulate the practice of dentistry, and sunsets the DBC on January 1, 2016. (Business and Professions Code (BPC) §§ 1600, et seq.)
Establishes the Dental Assisting Council (DAC) of the DBC, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the Board, and makes appropriate recommendations to the Board and the standing committees of the Board, as specified. (BPC § 1742)
Requires the DBC to establish, as necessary, the amount of charges and fees for licensure for the purpose of carrying out its responsibilities under the Act, subject to statutory fee caps. (BPC § 1724)
Requires the amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants to be established by regulation and subject to statutory fee caps. (BPC § 1725)
Requires for licensure as a registered dental assistant satisfactory performance on a written and practical examination administered by the DBC. (BPC § 1752.1)
Provides that a healing arts practitioner who engages in sexual relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action, except as specified. (BPC § 726)
Establishes the BVNPT within the DCA, to license and regulate vocational nurses under the Vocational Nursing Practice Act, and to license and regulate psychiatric technicians under the Psychiatric Technicians Law, and extends the operation of the BVNPT until January 1, 2016. (BPC §§ 2840 et seq., 4500 et seq.)
Establishes the Vocational Nursing and Psychiatric Technicians Fund.
(BPC § 2890)Establishes the Vocational Nursing Account and the Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technician Fund. (BPC § 205)
This
bill:
Merges the Vocational Nurse Account and the Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technicians Fund on July 1, 2016 to become the Vocational Nursing and Psychiatric Technicians Fund.
Expands the exception to all hearing arts licensees that it is not unprofessional conduct for a healing arts licensee to engage in consensual sexual conduct with his or her spouse or person in an equivalent domestic relationship when that licensee provides medical treatment, other than psychotherapeutic treatment, for that person.
Extends the DBC’s sunset until January 1, 2020.
Consolidates references to fees in the general fee provisions section and increases fee amounts, as specified.
Requires every applicant and licensee who has an electronic mail address to report to the DBC that electronic mail address no later than July 1, 2016. The electronic mail address shall be considered confidential and not subject to public disclosure.
Requires the DBC to annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current.
Limits the term of a member of the DAC to no more than two full terms.
Consolidates the funds of the BVNPT, as specified.
Extends the sunset date on the BVNPT until January 1, 2018.
Makes clarifying and technical amendments.
FISCAL EFFECT:
This bill has been keyed “fiscal” by the Legislative Counsel. According to the Assembly Appropriations Committee analysis dated May 20, this bill will have the following fiscal effect:
$14.6 million annually (State Dentistry Fund), until January 1, 2020, to maintain current operations of the DBC.
$11.2 million annually (Vocational Nursing and Psychiatric Technicians Fund), until January 1, 2018, to maintain current operations of the BVNPT.
Unknown potential increased revenues, if DBC adopts regulations to raise fees based on the increased fee caps.
COMMENTS:
Purpose. This bill is sponsored by the Author. According to the Author’s office, “This bill is necessary to ensure that consumers are protected by the continued operation of the DBC and the BVNPT. The DBC’s sunset bill raised numerous issues, including the adequacy of the Dentistry Fund condition. The DBC has been operating with a major structural deficit, and is faced with impending deficits. Prior to recent increases to its initial and renewal licensure fees, the DBC had not raised fees for nearly two decades. A recent audit of the DBC’s finances shows that the cost for licensure and permitting categories do not sufficiently cover the cost for that license or permit. As a result, this bill proposes to increase statutory fee caps across all categories to let the DBC begin to recover its costs, help solve its structural imbalance, and build a healthy reserve. These fee caps are intended to carry the DBC over for many years, and any actual increase in fees would need to go through the regulatory process, thereby ensuring that licensees may voice any concerns to potential increases. This bill would also extend the sunset date for the DBC until January 1, 2020.
The Author notes that “In addition, on February 13, 2012, the BVNPT approved a merger of the vocational nursing fund and the psychiatric technician fund as an alternative to a statutory amendment to raising fees for the psychiatric technician fees. This bill would advance the fiscal solvency of the BVNPT by merging these funds. The bill will also increase accountability by extending the BVNPT's sunset date only until January 1, 2018, thereby increasing legislative oversight of the BVNPT in light of the significant issues raised in the BVNPT's sunset background paper.”
Background. This is one of several bills resulting from the 2015 Sunset Reviews by the Senate Committee on Business, Professions, and Economic Development and the Assembly Business and Professions Committee.
Dental Board Fund Condition. The Dentistry Fund is maintained by the DBC and includes the revenues and expenditures related to licensing dentists. For sixteen years, the license fee for dentists was set at $365. Between 2013 and 2014, the DBC increased its license fee for dentists from $365 to its statutory cap of $450 and simultaneously pursued a legislative fee increase $450 to $525. This was aligned with a DCA audit recommending that the license fees be raised to that amount ensure solvency.
While increased fees have generated additional revenue, the DBC's expenditures continue to outpace its revenue, perpetuating a structural imbalance. Part of the reason for the increase in projected and actual expenditures in recent years has been due to funding 12.5 Consumer Protection Enforcement Initiative (CPE) positions; funding the diversion program; increased expenses associated with BreEZe; unexpected litigation expenses; and the general increase in the cost of doing business over the past 16 years. While the DBC has expended less than what it has been authorized by the budget due to some cost savings and reimbursements, the DBC emphasizes that its fund ought to be able to sustain expenditures without relying on estimated savings or reimbursements.
The DBC shared the result of its recent fee audit, which discovered that in addition to the DBC's operational imbalance it is limited in its ability to recover the true cost of licensure and regulation for dentists and dental assistants based on many of the set fees, which do not cover the actual costs. In light of this fee audit, the DBC is requesting an increase in all statutory fee caps relating to dentists and dental assistants, including, but not limited to, those fees relating to licensure, permits, and examinations.
While some of these fee increases are dramatic, they reflect the fact that many of these fee caps have not been raised in nearly up to two decades. The DBC's intent is for this large increase in statutory fee caps to cover its potential need to increase fees over a period of many years, including beyond the next sunset period. The DBC would have to raise any fees through the regulatory process, however, ensuring that there will be additional time and robust opportunity for public participation prior to the increase of any fee. The proposed increases are as follows:
License, Certificate or Permit |
Current Fee Amt. |
Statutory Limit |
Proposed Fee Cap |
Elective Facial Cosmetic Surgery Permit-Initial Appl |
500.00 |
500.00 |
$4,000 |
Initial DDS License (pro-rated fee) |
525.00 |
525.00 |
$650 |
DDS Biennial Renewal |
525.00 |
525.00 |
$1,200 |
Oral & Maxillofacial Surgery Permit Renewal |
450.00 |
450.00 |
$1,200 |
Fictitious Name Permit Initial Application |
450.00 |
Not > $450 or < $5 |
$1,200 |
Special Permit-Initial Appl. |
300.00 |
300.00 |
$1,000 |
License by Credential Appl. |
283.00 |
0.00 |
$1,000 |
License by Residency |
100.00 |
|
$1,000 |
License by Portfolio |
350.00 |
350.00 |
$1,500 |
Initial WREB Appl. |
100.00 |
500.00 |
$1,000 |
Registered Provider-Initial Appl.(continuing education) |
250.00 |
250.00 |
$500 |
Onsite Inspection Fee for GA/CS Permits |
250.00 |
350.00 |
$4,500 |
Fictitious Name Permit Renewal |
225.00 |
Not > $450 Or < $5 |
$600 |
Conscious Sedation Permit Initial Application |
200.00 |
250.00 |
$1,000 |
Conscious Sedation Permit Renewal |
200.00 |
250.00 |
$600 |
General Anesthesia Permit Initial Application |
200.00 |
250.00 |
$1,000 |
General Anesthesia Permit Renewal |
200.00 |
250.00 |
$600 |
Oral Conscious Sedation Initial Certificate |
200.00 |
Admin/Enf Costs |
$1,000 |
Elective Facial Cosmetic Surgery Permit Renewal |
200.00 |
200.00 |
$800 |
Oral & Maxillofacial Surgery Permit-Initial Appl. |
150.00 |
500.00 |
$1,000 |
Additional Office Permit Initial Application |
100.00 |
200.00 |
$750 |
Special Permit Renewal |
100.00 |
100.00 |
$600 |
Additional Office Permit Renewal |
100.00 |
100.00 |
$375 |
Oral Conscious Sedation Certificate Renewal |
75.00 |
Admin/Enf Costs |
$600 |
License Certification |
2.00 |
2.00 |
$125 |
RDA Fees |
Current Fee Amount |
Statutory Limit |
Proposed Fee Cap |
RDAEF Program Curriculum |
1400.00 |
1400.00 |
$7,500 |
RDA Program Curriculum |
1400.00 |
1400.00 |
$7,500 |
OA Permit Course Approval |
300.00 |
300.00 |
$2,000 |
DSA Permit Course Approval |
300.00 |
300.00 |
$2,000 |
Infection Control Course Approval |
300.00 |
300.00 |
$2,000 |
Coronal Polish Course Approval |
300.00 |
300.00 |
$2,000 |
Pit and Fissure Course Approval |
300.00 |
300.00 |
$2,000 |
Radiation Safety Course Approval |
300.00 |
300.00 |
$2,000 |
RDA Biennial Renewal |
70.00 |
80.00 |
$200 |
RDAEF Biennial Renewal |
70.00 |
80.00 |
$200 |
Dental Sedation Assistant Permit Biennial Renewal |
70.00 |
80.00 |
$200 |
Orthodontic Assistant Permit Biennial Renewal |
70.00 |
80.00 |
$200 |
RDA Practical Exam Fee |
60.00 |
60.00 |
Actual cost |
Duplicate License or Permit Fee |
25.00 |
25.00 |
$100 |
RDA Application Fee |
20.00 |
50.00 |
$200 |
RDAEF Application Fee |
20.00 |
50.00 |
$200 |
RDAEF2 Application Fee |
20.00 |
50.00 |
$200 |
Amending the Unprofessional Conduct Statute. Current law prohibits "The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action" for any healing arts professional. However, it exempts sexual contact between a physician and surgeon and his or her spouse, or person in an equivalent domestic relationship, when providing non-psychotherapeutic medical treatment.
This bill will extend the exemption to all healing arts licensees who do not provide psychotherapeutic medical treatment to spouses or persons in equivalent domestic relationships.
Fund Merger. Both the LVN and PT programs are at the statutory maximums for licensing fees. In July of 2012, the Board submitted a Budget Change Proposal (BCP) requesting the merger of the LVN and PT funds. The BCP was denied because the PTs fund condition was expected to remain solvent through FY 2015/16. The Board was advised to seek a statutory proposal to merge the funds versus a BCP.
According to the Board, current budget projections indicate that the LVN program fund reserve will remain solvent past FY 2020/21. The PTs program fund reserve will be exhausted by 2017/18. On February 13, 2012, the Board approved a merger of the funds as an alternative to a statutory amendment to raise the PTs fee ranges. The Board has been advised by the DCA Budget Office that the merger would delay a deficit and the need to increase fees for three to four years.
This bill will merge the LVN and PT funds. Delaying the merger until the new fiscal year will ease the accounting transition.
DAC Term limits. This bill limits the terms of the DAC to two years, which will mirror the terms of the DBC members.
Related Legislation This Year. SB 465 (Hill) extends the operation of the Contractors’ State License Board until 2020 and makes various changes to the Contractors’ State License Law. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 466 (Hill) sunsets the Board of Registered Nursing. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 467 (Hill) extends the operation of the California Board of Accountancy until 2020 and makes various changes in regards to the DCA. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 468 (Hill) extends the operation of the Bureau of Security and Investigative Services and the Alarm Company Act, Locksmith Act, Private Investigator Act, Private Security Services Act, Proprietary Security Services Act, and Collateral Recovery Act until January 1, 2020. It also subjects the Bureau to review by the appropriate committees of the Legislature and makes various changes to provisions in the aforementioned Acts to improve the oversight, enforcement and regulation by the Bureau of licensees under each Act. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
SB 469 (Hill) extends the operation of the California State Athletic Commission until January 1, 2020. Makes changes to the laws governing the Commission’s operations and the Commission’s oversight of professional and amateur boxing, professional and amateur kickboxing, all forms and combinations of full contact martial arts contests, including mixed martial arts and matches or exhibitions conducted, held or given in California. (Status: The bill is pending in the Assembly Committee on Business and Professions.)
AB 177 (Bonilla) extends the operation of the Board for Professional Engineers, Land Surveyors and Geologists and California Architects Board and Landscape Architects Committee until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 178 (Bonilla) extends the operation of the Board of Vocational Nursing and Psychiatric Technicians until January 1, 2020. (Status: The bill is pending in the Senate Appropriations Committee.)
AB 180 (Bonilla) extends the operation of the Cemetery and Funeral Bureau until January 1, 2020. (Status: The bill is also set for a hearing before this Committee on July 6.)
AB 181 (Bonilla) extends the operation of the California State Board of Barbering and Cosmetology (BBC) until January 1, 2020. Makes changes to the laws governing the Board’s regulation of barbers, cosmetologists, estheticians, electrologists, manicurists, apprentices and establishments. (Status: The bill is also set for a hearing before this Committee on July 6.)
Arguments in Support. The Dental Board of California writes in support, “This important measure would extend the licensing and regulation functions as well as other provisions relating to the Board until January 1, 2020, increase the allowable maximum fee ceilings the Board is authorized to assess, and authorize the Board to collect electronic mail addresses of applicants and licensees. These provisions will provide the resources necessary for the Board to continue its mission of protecting the public.”
The Dental Hygiene Committee of California (DHCC) writes, “DHCC members strongly feel that the extension of the Dental Board of California is essential in order to continue to protect consumers.”
SUPPORT AND OPPOSITION:
Support:
Dental Board of California
Dental Hygiene Committee of California
Opposition:
None on file as of June 30, 2015.
-- END --
AB 179
Page 4
ASSEMBLY THIRD READING
AB 179
(Bonilla)
As Amended May 5, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Business & Professions |
14-0 |
Bonilla, Jones, Baker, Bloom, Burke, Chang, Dodd, Eggman, Gatto, Holden, Mullin, Ting, Wilk, Wood |
|
Appropriations |
17-0 |
Gomez, Bigelow, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Gordon, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Extends the operation of the Dental Board of California (DBC) until January 1, 2020, and increases statutory fee caps relating to dentists and dental assistants. Extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018, and merges the Vocational Nursing fund and the Psychiatric Technician funds, as specified. Specifically, this bill:
Extends the operation of the DBC until January 1, 2020.
Authorizes the DBC to increase specified fees for dentists and Registered Dental Assistants (RDAs), as specified, including raising the maximum fee for initial and renewal licensure for a dentist from $525 up to $650, and on or after January 1, 2018, from $650 up to $800.
Requires DBC applicants and licensees to report electronic mail addresses to the DBC no later than July 1, 2016, and provides that those email addresses are confidential and not subject to public disclosure.
Requires the DBC to annually send an electronic notice to each applicant and licensee that requires confirmation from the applicant or licensee that his or her electronic email address is current.
Extends the operation of the BVNPT until January 1, 2018.
Merges the funds of the BVNPT, as specified.
Provides that it is not unprofessional conduct for healing arts licensees who do not provide psychotherapeutic medical treatment to treat spouses or persons in equivalent domestic relationships.
Makes conforming changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee:
$14.6 million annually to the State Dentistry Fund, until January 1, 2020, in order to maintain current operations of the DBC;
$11.2 million annually to the Vocational Nursing and Psychiatric Technicians Fund, until January 1, 2018, in order to maintain current operations of the BVNPT; and,
Unknown potential increased revenues, if DBC adopts regulations to raise fees based on the increased fee caps.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, "This bill is necessary to ensure that consumers are protected by the continued operation of the DBC. The [DBC's] sunset bill raised numerous issues, including the adequacy of the Dentistry Fund condition and the practical examination for registered dental assistants. The DBC has been operating with a major structural deficit, and is faced with impending deficits. Prior to recent increases to its initial and renewal licensure fees, the DBC had not raised fees for nearly two decades. A recent audit of the DBC’s finances shows that the cost for licensure and permitting categories do not sufficiently cover the cost for that license or permit. As a result, this bill proposes to increase statutory fee caps across all categories to let the DBC begin to recover its costs, help solve its structural imbalance, and build a healthy reserve. These fee caps are intended to carry the DBC over for many years, and any actual increase in fees would need to go through the regulatory process, thereby ensuring that licensees may voice any concerns to potential increases.
"In addition, on February 13, 2012, the BVNPT approved a merger of the vocational nursing fund and the psychiatric technician fund as an alternative to a statutory amendment to raising fees for the psychiatric technician fees. This bill would advance the fiscal solvency of the BNVPT by merging these funds. The bill will also increase accountability by extending the BVNPT's sunset date only until January 1, 2018, thereby increasing legislative oversight of the BVNPT in light of the significant issues raised in the BVNPT's sunset background paper."
Sunset Review. On March 23, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the DBC and the BVNPT. As part of the Sunset Review, the DBC and the BVNPT each prepared a sunset report, which was submitted to the Committees and Committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a "sunset." Without an extension of this sunset date, the Board would cease to exist.
DBC Dental Fund Condition. The Dentistry Fund is maintained by the DBC and includes the revenues and expenditures related to licensing for dentists. For sixteen years, the license fee for dentists was set at $365. In 2013, for the first time in 16 years, the DBC increased its license fee for dentists from $365 to its statutory cap at the time of $450. These regulations went into effect on July 1, 2014. During that time, the DBC also pursued an increase in statute from $450 to $525. SB 1416 (Block) Chapter 73, Statutes of 2014, raised the DBC's fee for initial and renewal licenses for dentists from $450 to $525, and set fees at that level. During that time, an analysis conducted by the DCA's Budget Office determined that the license fees should be raised to $525 to ensure solvency into the foreseeable future. While fees increased have generated additional revenue, the DBC's expenditures, projected to be over $12 million per year, continue to outpace its revenue, projected to be less than $11 million per year, thus perpetuating a structural imbalance. Part of the reason for the increase in projected and actual expenditures in recent years has been due to funding 12.5 CPEI positions; funding the diversion program; increased expenses associated with BreEZe; unexpected litigation expenses; and the general increase in the cost of doing business over the past 16 years. While the DBC has expended less than what it has been authorized by the budget due to some cost savings and reimbursements, the DBC emphasizes that its fund should be able to sustain expenditures without relying on estimated savings or reimbursements.
Based on data from the past five fiscal years, the DBC calculated that the Dentistry Fund will be able to sustain expenditures into FY 2017-18 before facing a deficit. The DBC projects it will only have 0.5 months in reserve in FY 2016-17, and underwent a fee rate audit to determine the appropriate fee amounts to assess and to project fee levels into the future. The DBC has shared its recent fee audit, which discovered that in addition to the DBC's operational imbalance, it is limited in its ability to recover the true cost of licensure and regulation for dentists and dental assistants based on many of the set fees, which do not cover the actual costs. In light of this fee audit, the DBC is requesting an increase in all statutory fee caps relating to dentists and dental assistants, including, but not limited to, those fees relating to licensure, permits, and examinations.
While some of these fee increases are dramatic, they reflect the fact that many of these fee caps have not been raised in nearly up to two decades. The DBC's intent is for this large increase in statutory fee caps to cover its potential need to increase fees over a period of many years, including beyond the next sunset period. The DBC would have to raise any fees through the regulatory process, however, ensuring that there will be additional time and robust opportunity for public participation prior to the increase of any fee.
BVNPT Fund Merger. Both the Licensed Vocational Nurse (LVN) and Psychiatric Technician (PT) programs are at the statutory maximums for the fees they charge licensees. In July of 2012, the Board submitted a Budget Change Proposal (BCP) requesting the merger of the LVN and PT funds. The BCP was denied as the PTs fund condition was expected to remain solvent through FY 2015-16. The Board was advised to seek a statutory proposal to merge the funds versus a BCP.
According to the Board, current budget projections indicate that the LVN program fund reserve will remain solvent past FY 2020-21. The PTs program fund reserve will be exhausted by 2017-18. On February 13, 2012, the Board approved a merger of the funds as an alternative to a statutory amendment to raise the PTs fee ranges. The Board has been advised by the DCA Budget Office that the merger would delay a deficit and the need to increase fees for three to four years. This bill will merge the LVN and PT funds.
BVNPT Sunset Date. A review of the issues raised during the last review of the Board in 2011 reveals that the Board has made some strides towards meaningful change. However, the outstanding issues also reveal that the Board has experienced some significant problems that have impacted its overall functioning, the oversight of licensees and protection of the public. As highlighted above, the Board has shown deficiencies and discrepancies in the areas of enforcement and management of funds. Due to these continuing problems as well as potential issues concerning the management and operations of the Board, it appears that this Board requires additional oversight and direction. This bill will extend the BVNPT's sunset date to January 1, 2018. In addition, AB 178 (Bonilla) of the current legislation session will address additional issues pursuant to the Committees' recommendations.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301 FN: 0000679
AB 179
Page 2
Date of Hearing: May 20, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 179
(Bonilla) – As Amended May 5, 2015
Policy Committee: |
Business and Professions |
Vote: |
14 - 0 |
|
|
|
|
|
|
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill:
Extends the operations of the Dental Board of California (Board) until January 1, 2020, and the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018.
Dramatically increases statutory fee caps for all categories relating to dentists and dental assistants.
Merges the Vocational Nurses Account and the Psychiatric Technician Examiners Account within the Vocational Nursing and Psychiatric Technicians Fund.
FISCAL EFFECT:
$14.6 million annually (State Dentistry Fund), until January 1, 2020, to maintain current operations of the DBC.
$11.2 million annually (Vocational Nursing and Psychiatric Technicians Fund), until January 1, 2018, to maintain current operations of the BVNPT.
Unknown potential increased revenues, if DBC adopts regulations to raise fees based on the increased fee caps.
COMMENTS:
Purpose. These bills extend the sunset of DBC and BVNPT. Boards and bureaus are generally reviewed on a 4-year timeline.
DBC Fees. The DBC has been operating with a major structural deficit, and is faced with impending deficits. Prior to recent increases to its initial and renewal licensure fees, the DBC had not raised fees for nearly two decades. A recent audit of the DBC’s finances shows that the cost for licensure and permitting categories do not sufficiently cover the cost for that license or permit. As a result, this bill proposes to increase statutory fee caps across all categories to let the DBC begin to recover its costs, help solve its structural imbalance, and build a healthy reserve. These fee caps are intended to carry the DBC over for many years, and any actual increase in fees would need to go through the regulatory process, thereby ensuring that licensees may voice any concerns to potential increases.
BVNPT Fund. Both the LVN and PT programs are at the statutory maximums for the fees they charge licensees. In July of 2012, the Board submitted a Budget Change Proposal (BCP) requesting the merger of the LVN and PT funds. The BCP was denied as the PTs fund condition was expected to remain solvent through FY 2015-16. The Board was advised to seek a statutory proposal to merge the funds versus a BCP. According to the Board, current budget projections indicate that the LVN program fund reserve will remain solvent past FY 2020-21. The PTs program fund reserve will be exhausted by 2017-18. On February 13, 2012, the Board approved a merger of the funds as an alternative to a statutory amendment to raise the PTs fee ranges. The Board has been advised by the DCA Budget Office that the merger would delay a deficit and the need to increase fees for three to four years.
Related Legislation. AB 177, AB 178, AB 180, and AB 181, all authored by the Committee on Business and Professions, contain sunset review provisions for other boards and bureaus.
AB 178 and this bill are related; AB 178 also contains provisions related to DBC and BVNPT. Certain provisions from this bill were amended in to AB 178 to take effect immediately.
Staff Comment. The DBC fee caps in this bill represent a substantial increase over current caps. For example, the licensure fee caps are proposed to double, triple, or more in some cases. The cap on the renewal fee that generates the bulk of DBC revenue is proposed to be raised from $525 to $800, in spite of a fee audit showing the $525 fee more than covered the cost attributable to that workload. The author and DBC may wish to consider whether a smaller increase in the fee cap is warranted for some of the fees.
Analysis Prepared by: Lisa Murawski / APPR. / (916) 319-2081
AB 179
Page 10
Date of Hearing: April 28, 2015
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Susan Bonilla, Chair
AB 179
(Bonilla) – As Amended April 27, 2015
SUBJECT: Healing arts.
SUMMARY: Extends the operations of the Dental Board of California (Board) until January 1, 2020; increases statutory fee caps for all categories relating to dentists and dental assistants; eliminates the practical examination for registered dental assistants (RDAs), as specified. Extends the operation of the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) until January 1, 2018, and merges the Vocational Nursing fund and the Psychiatric Technician funds, as specified.
EXISTING LAW:
Establishes the Dental Practice Act (Act), administered by the Dental Board of California (DBC) within the Department of Consumer Affairs (DCA), to license and regulate the practice of dentistry, and sunsets the DBC on January 1, 2016. (Business and Professions Code (BPC) Section 1600, et seq.)
Establishes the Dental Assisting Council (DAC) of the DBC, which shall consider all matters relating to dental assistants in this state, on its own initiative or upon the request of the Board, and makes appropriate recommendations to the Board and the standing committees of the Board, as specified.
Requires the DBC to establish, as necessary, the amount of charges and fees for licensure for the purpose of carrying out its responsibilities under the Act, subject to statutory fee caps. (BPC Section 1724)
Requires the amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants to be established by regulation and subject to statutory fee caps. (BPC Section 1725)
Requires for licensure as a registered dental assistant satisfactory performance on a written and practical examination administered by the DBC. (BPC Section 1752.1)
Provides that a healing arts practitioner who engages in sexual relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action, except as specified. (BPC Section 726)
Establishes the Board of Vocational Nursing and Psychiatric Technicians (BVNPT) within the DCA, to license and regulate vocational nurses under the Vocational Nursing Practice Act, and to license and regulate psychiatric technicians under the Psychiatric Technicians Law, and extends the operation of the BVNPT until January 1, 2016. (BPC Sections 2840 et seq., 4500 et seq.)
Establishes the Vocational Nursing and Psychiatric Technicians Fund. (BPC Section 2890)
Establishes the Vocational Nursing Account and the Psychiatric Technician Examiners Account of the Vocational Nursing and Psychiatric Technician Fund. (BPC Section 205)
THIS BILL:
Extends the operation of the DBC until January 1, 2020.
Authorizes the DBC to increase specified fees for dentists and RDAs, as specified.
Eliminates the practical examination for licensure as an RDA, and requires the DBC to, in consultation with the Office of Professional Examination Services, to conduct a review to determine whether a practical examination is necessary to demonstrate the competency of registered dental assistants. The board's review and certification or determination shall be completed by January 1, 2017.
Provides that if the DBC determines that the practical examination is necessary to demonstrate competency of registered dental assistants, the DBC's review and certification or determination shall be completed and submitted to the appropriate policy committees of the Legislature, and the board may administer, and require, a practical examination for licensure as a registered dental assistant, in accordance with Section 139.
Extends the operation of the BVNPT until January 1, 2018.
Merges the funds of the BVNPT, as specified.
Makes conforming changes.
FISCAL EFFECT: Unknown. This bill is keyed fiscal by the Legislative Counsel.
COMMENTS:
Purpose. This bill is author sponsored. According to the author, “This bill is necessary to ensure that consumers are protected by the continued operation of the DBC. The Board's sunset bill raised numerous issues, including the adequacy of the Dentistry Fund condition and the practical examination for registered dental assistants. The DBC has been operating with a major structural deficit, and is faced with impending deficits. Prior to recent increases to its initial and renewal licensure fees, the DBC had not raised fees for nearly two decades. A recent audit of the DBC’s finances shows that the cost for licensure and permitting categories do not sufficiently cover the cost for that license or permit. As a result, this bill proposes to increase statutory fee caps across all categories to let the DBC begin to recover its costs, help solve its structural imbalance, and build a healthy reserve. These fee caps are intended to carry the DBC over for many years, and any actual increase in fees would need to go through the regulatory process, thereby ensuring that licensees may voice any concerns to potential increases.
After the DBC recalibrated the practical examination for registered dental assistants last August, there was an alarming decline in passage rates. In addition to the human costs of placing undue hardship on examinees who are now unable to find work or have lost work due to failing the exam, and the impact on our healthcare workforce, the steep decline questions the validity of the examination and its ability to accurately measure a licensee's competency. This bill imposes a moratorium on RDA practical examinations until the Board can properly evaluate the examination. RDAs would continue to meet other requirements, such as completing an education program, obtaining on the job experience as certified by a supervising dentist, or a combination or both, in addition to passing the written examination, thereby ensuring that consumers will continue to be protected.
In addition, on February 13, 2012, the BVNPT approved a merger of the vocational nursing fund and the psychiatric technician fund as an alternative to a statutory amendment to raising fees for the psychiatric technician fees. This bill would advance the fiscal solvency of the BNVPT by merging these funds. The bill will also increase accountability by extending the BVNPT's sunset date only until January 1, 2018, thereby increasing legislative oversight of the BVNPT in light of the significant issues raised in the BVNPT's sunset background paper.”
Background. The DBC was created by the California Legislature in 1885, to regulate dentists. Today, the DBC regulates the practice of approximately 86,000 licensed dental healthcare professionals in California, including 40,163 dentists; 44,230 registered dental assistants (RDAs); and 1,545 registered dental assistants in extended functions (RDAEFs). In addition, the DBC is responsible for setting the duties and functions of approximately 50,000 unlicensed dental assistants.
The BVNPT is responsible for administering the laws related to the education, practice and discipline of Licensed Vocational Nurses (LVNs) and Psychiatric Technicians (PTs). The LVN program was established in 1951 and the PT program was established in 1959. The PT Certification Program was placed under this Board's jurisdiction due to the unique mental health and nursing care functions performed by PTs. The BVNPT oversees two distinct licensure programs, each with separate statutes, regulations, budget authority, curriculum requirements, examinations, and staff. Specifically, the BVNPT regulates the practice of approximately 129,515 LVNs and 13,469 PTs, the largest groups of LVNs and PTs in the nation.
Sunset Review. On March 23rd, 2015, the Assembly Business and Professions Committee and the Senate Business, Professions, and Economic Development Committee held a "sunset review" hearing for the DBC and the BVNPT. As part of the Sunset Review, the DBC and the BVNPT each prepared a sunset report, which was submitted to the Committees and Committee staff prepared a background paper on each board.
A "sunset review" is a performance review of a state agency by the Legislature aimed at determining whether that agency should continue to exist, and if so, whether any statutory reforms are needed to increase the agency's effectiveness. Sunset review is triggered by the statutory expiration date for the agency, which is commonly called a “sunset.” Without an extension of this sunset date, the Board would cease to exist.
Review of Dental Board Issues Addressed in this Bill. The Committees raised a number of issues relating to the DBC, and this bill addresses a number of issues through statutory changes. The following are some of the major issues pertaining to the DBC as reviewed and discussed by the Committees, along with background information concerning each particular issue and recommendations made by Committee staff regarding the particular issues or problem areas which needed to be addressed.
DBC Issue #1: Email addresses.
Background: The staff background report for the DBC identified as an issue whether the Board should be authorized to collect email addresses for its licensees. According to the DBC, in order to improve its ability to communicate with licensees, the DBC will be pursuing statutory authority to allow it to require email addresses on its applications and renewal forms. Web-based communications will also reduce postage costs and provide a cost savings.
Recommendation: The DBC should advise the Committees of any statutory changes necessary to enable the DBC to collect email addresses and to use email as a way to communicate with licensees and applicants.
[This bill would authorize the DBC to collect email addresses.]
DBC Issue #5: Dental Fund Condition.
Background: The Dentistry Fund is maintained by the DBC and includes the revenues and expenditures related to licensing for dentists. For sixteen years, the license fee for dentists was set at $365. In 2013, for the first time in 16 years, the DBC increased its license fee for dentists from $365 to its statutory cap at the time of $450. These regulations went into effect on July 1, 2014. During that time, the DBC also pursued an increase in statute from $450 to $525. SB 1416 (Block) Chapter 73, Statutes of 2014, raised the DBC's fee for initial and renewal licenses for dentists from $450 to $525, and set fees at that level. During that time, an analysis conducted by the DCA's Budget Office determined that the license fees should be raised to $525 to ensure solvency into the foreseeable future. While fees increased have generated additional revenue, the DBC's expenditures, projected to be over $12M per year, continue to outpace its revenue, projected to be less than $11M per year, thus perpetuating a structural imbalance. Part of the reason for the increase in projected and actual expenditures in recent years has been due to funding 12.5 CPEI positions; funding the diversion program; increased expenses associated with BreEZe; unexpected litigation expenses; and the general increase in the cost of doing business over the past 16 years. While the DBC has expended less than what it has been authorized by the budget due to some cost savings and reimbursements, the DBC emphasizes that its fund should be able to sustain expenditures without relying on estimated savings or reimbursements.
Based on data from the past five fiscal years, the DBC calculated that the Dentistry Fund will be able to sustain expenditures into FY 2017/18 before facing a deficit. The DBC projects it will only have 0.5 months in reserve in FY 2016/17, and is undergoing a fee rate audit to determine the appropriate fee amounts to assess and to project fee levels into the future. The fee audit will also take into account the funds necessary to establish a reserve of four to six months for economic uncertainties and unanticipated expenses, such as legislative mandates and the DCA costs. In addition, while the Dental Assisting Program has its own staff for Licensing and Examination, paid for by its fund, the rest of the functions relating to dental assisting, such as administration and enforcement, are performed by Board staff and paid for by the Dentistry Fund. As a result, the fee audit will examine the appropriate fees and costs for the Dental Assisting Fund, which currently does not pay the Dentistry Fund for any costs associated with administration or enforcement and has a very large reserve. After the results of the fee audit come out, the Board anticipates requesting an increase in the statutory fee caps, so that going forward, the Board may raise fees incrementally and within the cap, as necessary, to ensure a healthy budget. The fee audit will be available shortly.
Recommendation: The DBC should share the fee audit with the Committees as soon as that information is available to determine the appropriate fee caps for licensees. The DBC should consider whether it is feasible or preferable to merge the Dentistry and Dental Assisting, and to share all staff and costs. If the DBC determines that funds should remain separate, the DBC should ensure that the Dental Assisting Fund reimburses the Dentistry Fund for any costs incurred.
[The DBC has shared its recent fee audit, which discovered that in addition to the DBC's operational imbalance, it is limited in its ability to recover the true cost of licensure and regulation for dentists and dental assistants based on many of the set fees, which do not cover the actual costs. In light of this fee audit, the DBC is requesting an increase in all statutory fee caps relating to dentists and dental assistants, including, but not limited to, those fees relating to licensure, permits, and examinations.
License, Certificate or Permit |
Current Fee Amt. |
Statutory Limit |
Actual Cost per Fee Audit |
Proposed Fee Cap |
Elective Facial Cosmetic Surgery Permit-Initial Appl |
500.00 |
500.00 |
$3,627 |
$4,000 |
Initial DDS License (pro-rated fee) |
525.00 |
525.00 |
$288 |
$1,200 |
DDS Biennial Renewal |
525.00 |
525.00 |
$405 |
$1,200 |
Oral & Maxillofacial Surgery Permit Renewal |
450.00 |
450.00 |
$849 |
$1,200 |
Fictitious Name Permit Initial Application |
450.00 |
Not > $450 or < $5 |
$570 |
$1,200 |
Special Permit-Initial Appl. |
300.00 |
300.00 |
$1,183 |
$1,000 |
License by Credential Appl. |
283.00 |
0.00 |
$789 |
$1,000 |
License by Residency |
100.00 |
|
$876 |
$1,000 |
License by Portfolio |
350.00 |
350.00 |
$1,638 |
$1,500 |
Initial WREB Appl. |
100.00 |
500.00 |
$745 |
$1,000 |
Registered Provider-Initial Appl.(continuing education) |
250.00 |
250.00 |
$827 |
$500 |
Onsite Inspection Fee for GA/CS Permits |
250.00 |
350.00 |
$3,982 |
$4,500 |
Fictitious Name Permit Renewal |
225.00 |
Not > $450 Or < $5 |
$136 |
$600 |
Conscious Sedation Permit Initial Application |
200.00 |
250.00 |
$716 |
$1,000 |
Conscious Sedation Permit Renewal |
200.00 |
250.00 |
$237 |
$600 |
General Anesthesia Permit Initial Application |
200.00 |
250.00 |
$716 |
$1,000 |
General Anesthesia Permit Renewal |
200.00 |
250.00 |
$237 |
$600 |
Oral Conscious Sedation Initial Certificate |
200.00 |
Admin/Enf Costs |
$368 |
$1,000 |
Elective Facial Cosmetic Surgery Permit Renewal |
200.00 |
200.00 |
$368 |
$800 |
Oral & Maxillofacial Surgery Permit-Initial Appl. |
150.00 |
500.00 |
$849 |
$1,000 |
Additional Office Permit Initial Application |
100.00 |
200.00 |
$437 |
$750 |
Special Permit Renewal |
100.00 |
100.00 |
$247 |
$600 |
Additional Office Permit Renewal |
100.00 |
100.00 |
$136 |
$375 |
Oral Conscious Sedation Certificate Renewal |
75.00 |
Admin/Enf Costs |
$136 |
$600 |
License Certification |
2.00 |
2.00 |
$364 |
$125 |
RDA Fees |
Current Fee Amount |
Statutory Limit |
Actual Cost per Fee Audit |
Proposed Fee Cap |
RDAEF Program Curriculum |
1400.00 |
1400.00 |
$7,486 |
$7,500 |
RDA Program Curriculum |
1400.00 |
1400.00 |
$7,486 |
$7,500 |
OA Permit Course Approval |
300.00 |
300.00 |
$3,168 |
$2,000 |
DSA Permit Course Approval |
300.00 |
300.00 |
$3,168 |
$2,000 |
Infection Control Course Approval |
300.00 |
300.00 |
$2,866 |
$2,000 |
Coronal Polish Course Approval |
300.00 |
300.00 |
$2,866 |
$2,000 |
Pit and Fissure Course Approval |
300.00 |
300.00 |
$2,977 |
$2,000 |
Radiation Safety Course Approval |
300.00 |
300.00 |
$2,977 |
$2,000 |
RDA Biennial Renewal |
70.00 |
80.00 |
$50 |
$200 |
RDAEF Biennial Renewal |
70.00 |
80.00 |
$50 |
$200 |
Dental Sedation Assistant Permit Biennial Renewal |
70.00 |
80.00 |
$50 |
$200 |
Orthodontic Assistant Permit Biennial Renewal |
70.00 |
80.00 |
$50 |
$200 |
RDA Practical Exam Fee |
60.00 |
60.00 |
$355 |
Actual cost |
Duplicate License or Permit Fee |
25.00 |
25.00 |
$63 |
$100 |
RDA Application Fee |
20.00 |
50.00 |
$72 |
$200 |
RDAEF Application Fee |
20.00 |
50.00 |
$87 |
$200 |
RDAEF2 Application Fee |
20.00 |
50.00 |
$87 |
$200 |
While some of these fee increases are dramatic, they reflect the fact that many of these fee caps have not been raised in nearly up to two decades. The DBC's intent is for this large increase in statutory fee caps to cover its potential need to increase fees over a period of many years, including beyond the next sunset period. The DBC would have to raise any fees through the regulatory process, however, ensuring that there will be additional time and robust opportunity for public participation prior to the increase of any fee.]
DBC Issues #7: The RDA Examination.
Background: The pass rates for the RDA Practical Exam averaged roughly 83% over the past four fiscal years. However, in 2014, pass rates dropped dramatically. Passage rates declined from an over 80% average to a 38% pass rate in August 2014, 19% in November 2014, to 33% in February 2015. The sharp declines occurred after the practical examinations were recalibrated, as discussed above. In addition, recent examination scores from the February 2015 examination indicate that these rates continue to be very low. Currently, the DBC is pursuing an occupational analysis (OA) to validate the practical exam. The last OA was conducted in 2009. BPC § 139 specifies that the Legislature finds and declares that OA and examination validation studies are fundamental components of licensure programs and the DCA is responsible for the development of a policy regarding examination development and validation, and occupational analysis. Licensure examinations with substantial validity evidence are essential in preventing unqualified individuals from obtaining a professional license. To that end, licensure examinations must be developed following an examination outline that is based on a current occupational analysis; regularly evaluated; updated when tasks performed or prerequisite knowledge in a profession or on a job change, or to prevent overexposure of test questions; and reported annually to the Legislature. According to the DCA's policy, an occupational analysis and examination outline should be updated at least every five years to be considered current. Such an OA is projected to be $60,000 and could take up to a year to complete. Board staff notes that the cost would be absorbable by the Dental Assisting budget.
Recommendation: The DBC should explain to the Committees why it recalibrated the RDA examination, and the decline in pass rates after the practical examination was recalibrated. The DBC should undertake the OA, and consider whether a practical examination is the most effective way to demonstrate minimal competency for those licensees. The DBC should continue to monitor examination passage rates, and pursue any legislative changes necessary to reflect current practices as determined by the OA.
[Based on the precipitous decline in examination scores, which questions the validity of the examination and the ability of the examination to truly measure competency, this bill would eliminate the practical examination until the DBC is able to conduct an occupational analysis and examine its validity and determine whether an examination is necessary to demonstrate competency. Applicants for licensure would still need to meet all other existing requirements for licensure, including passing the written examination.]
DBC Issue #10: Unprofessional Conduct.
Background: BPC § 726 prohibits, "The commission of any act of sexual abuse, misconduct, or relations with a patient, client, or customer constitutes unprofessional conduct and grounds for disciplinary action" for any healing arts professional. BPC § 726 exempts sexual contact between a physician and surgeon and his or her spouse, or person in an equivalent domestic relationship, when providing non-psychotherapeutic medical treatment. SB 544 (Price, 2012) would have, among other things, amended BPC § 726 to provide an exemption for all licensees who provide non-psychotherapeutic medical treatment to spouses or persons in equivalent domestic relationships, instead of only exempting physicians and surgeons. This bill was held in the Senate Business, Professions and Economic Development Committee. The California Dental Association (CDA) and the California Academy of General Dentistry (CAGD) have both requested amending this section to also exempt dentists who are treating their spouses or person in an equivalent domestic relationship.
Recommendation: The Committees should consider whether exempting dentists maintains the spirit of the law and determine whether additional conditions are necessary to ensure that spouses and domestic partners are protected.
[This bill will extend the exemption to all healing arts licensees who do not provide psychotherapeutic medical treatment to spouses or persons in equivalent domestic relationships.]
DBC Issue #18: Continued Regulation by the DBC.
Background: The health, safety and welfare of consumers are protected by the presence of a strong licensing and regulatory DBC with oversight over the dental profession. The Board should be continued with a four-year extension of its sunset date so that the Legislature may once again review whether the issues and recommendations in this Background Paper have been addressed.
Recommendation: Recommend that the licensing and regulation of the dental profession continue to be regulated by the current Board members in order to protect the interests of the public and be reviewed again in four years.
[This bill will extend the sunset date for the Board from January 1, 2016, to January 1, 2020.]
Review of Key BVNPT Issues Addressed in this Bill. The Committees raised a number of issues relating to the BVNPT, and this bill addresses a number of issues through statutory changes. The following are some of the major issues pertaining to the BVNPT as reviewed and discussed by the Committees, along with background information concerning each particular issue and recommendations made by Committee staff regarding the particular issues or problem areas which needed to be addressed.
BVNPT Issue #4: Fund Merger.
Background: Both the LVN and PT programs are at the statutory maximums for the fees they charge licensees. In July of 2012, the Board submitted a Budget Change Proposal (BCP) requesting the merger of the LVN and PT funds. The BCP was denied as the PTs fund condition was expected to remain solvent through FY 2015/16. The Board was advised to seek a statutory proposal to merge the funds versus a BCP.
According to the Board, current budget projections indicate that the LVN program fund reserve will remain solvent past FY 2020/21. The PTs program fund reserve will be exhausted by 2017/18. On February 13, 2012, the Board approved a merger of the funds as an alternative to a statutory amendment to raise the PTs fee ranges. The Board has been advised by the DCA Budget Office that the merger would delay a deficit and the need to increase fees for three to four years.
Recommendation: The Committees should consider if the LVN and PT funds should be merged. The Board should provide more detailed statistics of how the merger will impact both licensing groups e.g. how will funds be allocated for each licensing group? If the Committees agree to merge the funds, a statutory change will be necessary.
[This bill will merge the LVN and PT funds.]
BVNPT Issue #11: Continued Regulation by the BVNPT.
Background: A review of the issues raised during the last review of the Board in 2011 reveals that the Board has made some strides towards meaningful change. However, the outstanding issues also reveal that the Board has experienced some significant problems that have impacted its overall functioning, the oversight of licensees and protection of the public. As highlighted above, the Board has shown deficiencies and discrepancies in the areas of enforcement and management of funds. Due to these continuing problems as well as potential issues concerning the management and operations of the Board, it appears that this Board requires additional oversight and direction.
Recommendation: Recommend that the licensed vocational nursing and psychiatric technician professions continue to be regulated by the current Board in order to protect the interests of the public and be reviewed once again in two years. In addition, the Board should undergo an audit, investigation by the DOI and involvement of an enforcement monitor. The Board should update the appropriate policy committees of the Legislature in two years of their improvements in the following critical areas: 1) enforcement, 2) management, 3) staff and 4) funding.
[This bill will extend the BVNPT's sunset date to January 1, 2018. In addition, AB 178 will address additional issues pursuant to the Committees' recommendations.]
ARGUMENTS IN SUPPORT:
None on file.
ARGUMENTS IN OPPOSITION:
None on file.
AMENDMENTS:
While any fee increase would have to be adopted by the DBC through regulations, thereby ensuring that there will be sufficient consideration of the need for a fee increase and public participation during that process, the author seeks to ensure that there are some appropriate restraints to limit the amount that fees may be increased. As a result, the author seeks to make the following changes:
In subdivision (d) of Section 1724, strike "$1200" throughout and insert "$650" and add, Effective January 1, 2018, the fee for an initial license shall not exceed $800, and the fee for the renewal of a license shall not exceed $800.
The validity of the RDA examination has seriously been questioned by the recent decline in passage rates. As a result, it is essential to place a temporary moratorium on these examinations until the DBC can conduct an occupational analysis to determine whether the practical examination is an accurate measure of competency, and whether it is a valid examination. To prevent undue hardships on applicants who are required to take this examination for licensure until the effective date of this bill, and to ensure an adequate dental health care workforce, the author should pursue this measure in a separate bill with an urgency clause that would allow this provision to become operative immediately.
Strike Sections 13 and 14 from the bill, inclusive.
REGISTERED SUPPORT:
None on file.
REGISTERED OPPOSITION:
None on file.
Analysis Prepared by: Eunie Linden / B. & P. / (916) 319-3301
Discussed in Hearing
1MIN
Assembly Floor
2MIN
Senate Floor
24SEC
Senate Standing Committee on Appropriations
11MIN
Senate Standing Committee on Business, Professions and Economic Development
3MIN
Assembly Floor
7MIN
Assembly Standing Committee on Business and Professions
Bill Author
Bill Co-Author(s):
