Amended in Assembly April 27, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 179

Introduced by begin delete Committee on Business and Professions (Assembly Members Bonilla (Chair), Bloom, Dodd, Gatto, Holden, Mullin, Ting, and Wood) end delete begin insert Assembly Member Bonilla end insert

begin insert

(Coauthor: Senator Hill)

end insert

January 26, 2015

An act to amend Sections begin delete 1601.1 and 1616.5 of end delete begin insert 205, 726, 1601.1, 1616.5, 1632, 1638, 1638.1, 1638.3, 1646.6, 1647.8, 1724, 1725, 1752.1, 2841, 2847, 2894, 4501, 4503, and 4547 of, to repeal Section 1752.3, of and to add Section 1650.1 to, end insert the Business and Professions Code, relating to begin delete dentistry. end delete begin insert healing arts. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 179, as amended, begin delete Committee on Business and Professions end delete   begin insert Bonilla end insert . begin delete Dentistry. end delete begin insert Healing arts. end insert

begin insert

(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.

end insert begin insert

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.

end insert begin delete

Existing law

end delete

begin insert (2) end insert begin insert   end insert begin insert Existing law, the Dental Practice Act, end insert provides for the begin insert licensure and regulation of dentists and dental assistants by the end insert 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. begin insert 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. end insert

This bill would extend begin delete those end delete begin insert the end insert provisions begin insert relating to the Dental Board end insert until January 1, 2020. begin insert 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 applicant’s or licensee’s 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. end insert

begin insert

(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.

end insert begin insert

This bill would extend the repeal date of the provisions relating to the board to January 1, 2018.

end insert begin insert

(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 board’s licensure and regulation of psychiatric technicians, and prohibits the board from charging expenses for these activities from any other source.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 205 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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 Engineer’s and Land Surveyor’s Fund.

(18) Consumer Affairs Fund.

(19) Behavioral Sciences Fund.

(20) Licensed Midwifery Fund.

(21) Court Reporters’ Fund.

(22) Veterinary Medical Board Contingent Fund.

(23)  begin delete Vocational Nurses Account of the end delete Vocational Nursing and
Psychiatric Technicians Fund.

(24) Electronic and Appliance Repair Fund.

(25) Geology and Geophysics Account of the Professional
Engineer’s and Land Surveyor’s 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.

begin delete

(34) Psychiatric Technician Examiners Account of the
Vocational Nursing and Psychiatric Technicians Fund.

end delete begin delete

(35)

end delete

begin insert (34) end insert  Animal Health Technician Examining Committee Fund.

begin delete

(36)

end delete

begin insert (35) end insert  State Dental Hygiene Fund.

begin delete

(37)

end delete

begin insert (36) end insert  State Dental Assistant Fund.

begin delete

(38)

end delete

begin insert (37) end insert  Structural Pest Control Fund.

begin delete

(39)

end delete

begin insert (38) end insert  Structural Pest Control Eradication and Enforcement Fund.

begin delete

(40)

end delete

begin insert (39) end insert  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.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 726 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

726.  

begin insert (a) end insert begin insert   end insert 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 begin delete division, end delete begin insert division or end insert under
any initiative act referred to in this begin delete division and under Chapter 17
(commencing with Section 9000) of Division 3. end delete begin insert division. end insert

begin delete

This

end delete

begin insert (b) end insert begin insert   end insert begin insert This end insert section shall not apply to sexual contact between a
begin delete physician and surgeon end delete begin insert licensee end insert and his or her spouse or person in
an equivalent domestic relationship when that begin delete physician and
surgeon end delete begin insert licensee end insert provides medical treatment, other than
psychotherapeutic treatment, to his or her spouse or person in an
equivalent domestic relationship.

begin delete SECTION 1. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.

begin insert

begin insert SEC. 5. end insert   

end insert

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

1632.  

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

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

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

(1) A portfolio examination of the applicant’s competence to
enter the practice of dentistry. This examination shall be conducted
while the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination
shall utilize uniform standards of clinical experiences and
competencies, as approved by the board pursuant to Section 1632.1.
The applicant shall pass a final assessment of the submitted
portfolio at the end of his or her dental school program. Before
any portfolio assessment may be submitted to the board, the
applicant shall remit begin insert the required fee end insert to the board begin delete a three hundred
fifty dollar ($350) fee, end delete 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).

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1638 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

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
begin delete of one hundred fifty dollars ($150) end delete begin insert required by the board end insert and two
classifiable sets of fingerprints on forms provided by the board.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1638.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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 permitholder’s 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
begin delete of five hundred dollars ($500) end delete begin insert required by the board end insert for an initial
permit. The fee to renew a permit shall begin delete be two hundred dollars
($200). end delete begin insert not exceed the maximum amount prescribed end insert begin insert in Section
1724. end insert

(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
person’s permit, license, or both, or the person may be reprimanded
or placed on probation. Proceedings initiated by the board under
this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title
2 of the Government Code, and the board shall have all the powers
granted therein.

(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 board’s 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.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1638.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

1638.3.  

(a) The fee to renew an oral and maxillofacial surgery
permit shall be the begin delete same as that for renewal of a dental license as
determined under end delete begin insert amount prescribed in end insert 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.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1646.6 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

1646.6.  

(a) The application fee for a permit or renewal under
this article shall not exceed begin delete two hundred fifty dollars ($250). end delete begin insert the
amount prescribed in Section 1724. end insert

(b) The fee for an onsite inspection shall not exceed begin delete three
hundred fifty dollars ($350). end delete begin insert the amount prescribed in Section
1724. end insert

(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.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1647.8 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

1647.8.  

(a) The application fee for a permit or renewal under
this article shall not exceed begin delete two hundred fifty dollars ($250). end delete begin insert the
amount prescribed in Section 1724. end insert

(b) The fee for an onsite inspection shall not exceed begin delete three
hundred fifty dollars ($350). end delete begin insert the amount prescribed in Section
1724. end insert

(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.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1650.1 is added to the end insert begin insert Business and
Professions Code end insert begin insert , to read: end insert

begin insert

begin insert 1650.1. end insert   

(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.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 1724 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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 begin insert an end insert application for begin delete examination shall not exceed
five hundred dollars ($500). end delete begin insert 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). end insert

(b) The fee for begin insert an end insert application for begin delete reexamination shall not exceed
one hundred dollars ($100). end delete begin insert licensure qualifying pursuant to
Section 1634. end insert begin insert 1 shall not exceed one thousand dollars ($1,000). end insert

(c) The fee for begin delete 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. end delete begin insert an application for licensure
qualifying pursuant to Section 1635.5 shall not exceed one
thousand dollars ($1,000). end insert

(d) The fee for an initial license and for the renewal of a license
is five hundred twenty-five dollars ($525). begin insert 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). end insert

(e) The fee for begin insert an application for end insert a special permit shall not
exceed begin delete three hundred dollars ($300), end delete begin insert one thousand dollars
($1,000), end insert and the renewal fee for a special permit shall not exceed
begin delete one end delete begin insert six end insert hundred dollars begin delete ($100). end delete begin insert ($600). end insert

(f) The delinquency fee shall be begin delete the amount prescribed by
Section 163.5. end delete begin insert 50 percent of the renewal fee for such a license or
permit in effect on the date of the renewal of the license o end insert begin insert r permit. end insert

(g) The penalty for late registration of change of place of
practice shall not exceed seventy-five dollars ($75).

begin delete

(h) The application fee for permission to conduct an additional
place of practice shall not exceed two hundred dollars ($200).

end delete begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  The begin delete renewal end delete fee for an begin insert application for an end insert additional begin delete place
of practice end delete begin insert office permit end insert shall not exceed begin delete one end delete begin insert seven end insert hundred begin insert end insert begin insert fifty end insert
dollars begin delete ($100). end delete begin insert ($750), and the fee for the renewal of an additional
office permit shall not exceed three hundred seventy-five dollars
($375). end insert

begin delete

(j)

end delete

begin insert (i) end insert  The fee for issuance of a begin delete substitute certificate end delete begin insert replacement
pocket license, replacement wall certificate, or replacement
engraved certificate end insert shall not exceed one hundred twenty-five
dollars ($125).

begin delete

(k)

end delete

begin insert (j) end insert  The fee for a provider of continuing education shall not
exceed begin delete two end delete begin insert five end insert hundred begin delete fifty end delete dollars begin delete ($250) end delete begin insert ($500) end insert per year.

begin delete

(l)

end delete

begin insert ( end insert begin insert k) end insert  The fee for application for a referral service permit and for
renewal of that permit shall not exceed twenty-five dollars ($25).

begin delete

(m)

end delete

begin insert ( end insert begin insert l) end insert  The fee for application for an extramural facility permit and
for the renewal of a permit shall not exceed twenty-five dollars
($25).

begin insert

(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).

end insert begin insert

(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).

end insert begin insert

(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).

end insert begin insert

(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).

end insert begin insert

(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).

end insert begin insert

(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).

end insert begin insert

(s) The fee for a certification of licensure shall not exceed one
hundred twenty-five dollars ($125).

end insert begin insert

(t) The fee for an application for the law and ethics examination
shall not exceed two hundred fifty dollars ($250).

end insert

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.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 1752.1 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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 begin delete and practical end delete 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 begin delete and practical end delete 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 program’s 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.

begin insert

(i) On and after January 1, 2010, the written examination for
registered dental assistant licensure shall comply with Section
139.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert

begin insert Section 1752.3 of the end insert begin insert Business and Professions Code end insert
begin insert is repealed. end insert

begin delete

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.

end delete

begin insert

begin insert SEC. 15. end insert   

end insert

begin insert Section 1725 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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
begin delete twenty dollars ($20). On and after January 1, 2010, the application
fee for an original license shall not exceed fifty dollars ($50). end delete begin insert two
hundred dollars ($200). end insert

(b) The fee for examination for licensure as a registered dental
assistant shall not exceed begin delete fifty dollars ($50) for the written
examination and shall not exceed sixty dollars ($60) for end delete begin insert the actual
cost of end insert 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 begin delete fifty dollars ($50). end delete begin insert two hundred dollars ($200). end insert

(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.

begin insert

(e) The fee for the written examination for a registered dental
assistant shall not exceed the actual cost of the examination.

end insert begin delete

(e)

end delete

begin insert (f) end insert  The fee for the written examination in law and ethics for a
registered dental assistant shall not exceed the actual cost of the
examination.

begin delete

(f)

end delete

begin insert (g) end insert  The fee for examination for licensure as a registered dental
assistant in extended functions shall not exceed the actual cost of
the examination.

begin delete

(g)

end delete

begin insert (h) end insert  The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.

begin delete

(h)

end delete

begin insert ( end insert begin insert i) end insert  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.

begin delete

(i)

end delete

begin insert ( end insert begin insert j) end insert  The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.

begin delete

(j)

end delete

begin insert ( end insert begin insert k) end insert  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.

begin delete

(k)

end delete

begin insert (l) end insert  The biennial renewal fee for a begin delete 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 end delete registered dental assistant license, registered
dental assistant in extended functions license, dental sedation
assistant permit, or orthodontic assistant permit begin delete in an amount end delete begin insert shall end insert
not begin delete to end delete exceed begin delete eighty end delete begin insert two hundred end insert dollars begin delete ($80). end delete begin insert ($200). end insert

begin delete

(l)

end delete

begin insert ( end insert begin insert m) end insert  The delinquency fee shall begin delete 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. end delete begin insert 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. end insert

begin delete

(m)

end delete

begin insert (n) end insert  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 begin delete twenty-five end delete begin insert one
hundred end insert dollars begin delete ($25). end delete begin insert ($100). end insert

begin delete

(n)

end delete

begin insert ( end insert begin insert o) end insert  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 Chancellor’s office
of the California Community Colleges shall not exceed begin delete one end delete begin insert seven end insert
thousand begin delete four end delete begin insert five end insert hundred dollars begin delete ($1,400). end delete begin insert ($7,500). end insert

begin delete

(o)

end delete

begin insert ( end insert begin insert p) end insert  The fee for review of each approval application begin insert or
reevaluation end insert for a course that is not accredited by a board-approved
begin delete agency, end delete begin insert agency end insert or the Chancellor’s office of the California
Community Colleges shall not exceed begin delete three hundred dollars ($300). end delete
begin insert two thousand dollars ($2,000). end insert

begin delete

(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.

end delete begin delete

(q) Fees fixed by the board pursuant to this section shall not be
subject to the approval of the Office of Administrative Law.

end delete begin delete

(r)

end delete

begin insert (q) end insert  Fees collected pursuant to this section shall be deposited in
the State Dental Assistant Fund.

begin insert

begin insert SEC. 16. end insert   

end insert

begin insert Section 2841 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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, begin delete 2016, end delete
begin insert 2018, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert Notwithstanding any other begin delete provision of end delete law, the repeal
of this section renders the board subject to review by the
appropriate policy committees of the Legislature.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 2847 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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, begin delete 2016, end delete
begin insert 2018, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

begin insert

begin insert SEC. 18. end insert   

end insert

begin insert Section 2894 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

2894.  

begin insert (a) end insert begin insert   end insert All money in the Vocational Nursing and Psychiatric
Technicians Fund shall be used to carry out begin delete the provisions of end delete this
chapter, including the promotion of nursing education in this state,
begin insert and Chapter 10 (commencing with Section 4500), end insert 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 begin delete chapter. end delete begin insert chapter and Chapter 10
(commencing with Section 4500). end insert

begin delete

Claims

end delete

begin insert (b) end insert begin insert   end insert begin insert Claims end insert 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.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 4501 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

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, begin delete 2016, end delete
begin insert 2018, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

begin insert

begin insert SEC. 20. end insert   

end insert

begin insert Section 4503 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4503.  

(a) The board shall administer and enforce this chapter.

(b) This section shall remain in effect only until January 1, begin delete 2016, end delete
begin insert 2018, end insert and as of that date is begin delete repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date. end delete
begin insert repealed. end insert

begin insert

begin insert SEC. 21. end insert   

end insert

begin insert Section 4547 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4547.  

All expenses incurred in the operation of this chapter begin insert or
Chapter 6.5 (commencing with Section 2840) end insert shall be paid out of
the Vocational Nursing and Psychiatric Technicians Fund from
the revenue received by the board under this chapter begin insert or Chapter
6.5 (commencing with Section 2840) end insert and deposited in the
Vocational Nursing and Psychiatric Technicians Fund. begin delete 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. end delete