US Laws, Codes, Statutes & Cases

1625.  Dentistry is the diagnosis or treatment, by surgery or other
method, of diseases and lesions and the correction of malpositions of
the human teeth, alveolar process, gums, jaws, or associated
structures; and such diagnosis or treatment may include all necessary
related procedures as well as the use of drugs, anesthetic agents,
and physical evaluation.  Without limiting the foregoing, a person
practices dentistry within the meaning of this chapter who does any
one or more of the following:
   (a) By card, circular, pamphlet, newspaper or in any other way
advertises himself or represents himself to be a dentist.
   (b) Performs, or offers to perform, an operation or diagnosis of
any kind, or treats diseases or lesions of the human teeth, alveolar
process, gums, jaws, or associated structures, or corrects malposed
positions thereof.
   (c) In any way indicates that he will perform by himself or his
agents or servants any operation upon the human teeth, alveolar
process, gums, jaws, or associated structures, or in any way
indicates that he will construct, alter, repair, or sell any bridge,
crown, denture or other prosthetic appliance or orthodontic
appliance.
   (d) Makes, or offers to make, an examination of, with the intent
to perform or cause to be performed any operation on the human teeth,
alveolar process, gums, jaws, or associated structures.
   (e) Manages or conducts as manager, proprietor, conductor, lessor,
or otherwise, a place where dental operations are performed.



1625.1.  (a) Any of the following entities may employ licensees and
dental assistants and charge for the professional services they
render, and shall not be deemed to be practicing dentistry within the
meaning of Section 1625:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (b) The entities described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter.  A requirement that licensees
shall constitute all or a percentage of the governing body of the
entity shall not be applicable to these entities.



1625.2.  (a) For purposes of subdivision (e) of Section 1625, the
ownership or management, by a tax-exempt nonprofit corporation
supported and maintained in whole or in substantial part by
donations, bequests, gifts, grants, government funds, or
contributions, that may be in the form of money, goods, or services,
of a place where dental operations are performed, shall not be
construed to be the unlicensed practice of dentistry, as long as all
of the following apply:
   (1) The entity obtains the board's approval to offer dental
services pursuant to regulations adopted by the board.
   (2) The entity does nothing to interfere with, control, or
otherwise direct the professional judgment of or provision of dental
services by a licensee or dental assistant acting within his or her
scope of practice as defined in this chapter.
   (3) The licensees and dental assistants of the entity providing
services are in compliance with all applicable provisions of this
chapter.
   (4) The entity is otherwise in compliance with this chapter and
all other applicable provisions of state and federal law.
   (b) This section does not apply to any of the following entities:

   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.



1626.  It is unlawful for any person to engage in the practice of
dentistry in the state, either privately or as an employee of a
governmental agency or political subdivision, unless the person has a
valid, unexpired license or special permit from the board.
   The following practices, acts and operations, however, are exempt
from the operation of this chapter:
   (a) The practice of oral surgery by a physician and surgeon
licensed under the Medical Practice Act.
   (b) The operations by bona fide students of dentistry or dental
hygiene in the clinical departments or the laboratory of a reputable
dental college approved by the Board of Dental Examiners, including
operations by unlicensed students while engaged in dental extension
programs which have been approved by a school of dentistry, and
approved by the Board of Dental Examiners, and which are offered by
the educational institution comprising the approved school of
dentistry, and which are under the general programmatic and academic
supervision of that school of dentistry.
   (c) The practice of dentistry by licensed dentists of other states
or countries while appearing and operating as bona fide clinicians
or instructors in dental colleges approved by the Board of Dental
Examiners.
   (d) The practice of dentistry by licensed dentists of other states
or countries in conducting or making a clinical demonstration before
any bona fide dental or medical society, association or convention;
provided, however, the consent of the Board of Dental Examiners to
the making and conducting of the clinical demonstration must be first
had and obtained.
   (e) The construction, making, verification of shade taking,
alteration or repairing of bridges, crowns, dentures, or other
prosthetic appliances, or orthodontic appliances, when the casts or
impressions for this work have been made or taken by a licensed
dentist, but a written authorization signed by a licensed dentist
shall accompany the order for the work or it shall be performed in
the office of a licensed dentist under his or her supervision.  The
burden of proving written authorization or direct supervision is upon
the person charged with the violation of this chapter.
   It is unlawful for any person acting under the exemption of this
subdivision (e) to represent or hold out to the public in any manner
that he or she will perform or render any of the services exempted by
this subdivision that are rendered or performed under the provisions
of this chapter by a licensed dentist, including the construction,
making, alteration or repairing of dental prosthetic or orthodontic
appliances.
   (f) The manufacture or sale of wholesale dental supplies.
   (g) The practice of dentistry or dental hygiene by applicants
during a licensing examination conducted in this state by the
licensing agency of another state which does not have a dental
school; provided, however, that the consent of the board to the
conducting of the examination shall first have been obtained and that
the examination shall be conducted in a dental college accredited by
the board.
   (h) The practice by personnel of the Air Force, Army, Coast Guard,
or Navy or employees of the United States Public Health Service,
Veterans' Administration, or Bureau of Indian Affairs when engaged in
the discharge of official duties.


1626.2.  A dentist licensed under this chapter is a licentiate for
purposes of paragraph (2) of subdivision (a) of Section 805, and thus
is a health care practitioner subject to the provisions of Section
2290.5 pursuant to subdivision (b) of that section.



1626.5.  (a) A licensed dentist, or group of dentists, or dental
corporation shall not share in any fee charged by a person for
performing acupuncture or receive anything of value from or on behalf
of such acupuncturist for any referral or diagnosis.
   (b) A licensed dentist shall not employ more than one person to
perform acupuncture services.
   (c) A group of dentists or a dental corporation shall not employ
more than one person to perform acupuncture services for every 20
dentists in such group or corporation.



1626.5.  In addition to the exemptions set forth in Section 1626,
the operations by bona fide students of registered dental assisting,
registered dental assisting in extended functions, and registered
dental hygiene in extended functions in the clinical departments or
the laboratory of an educational program or school approved by the
board, including operations by unlicensed students while engaged in
clinical externship programs that have been approved by an approved
educational program or school, and that are under the general
programmatic and academic supervision of that educational program or
school, are exempt from the operation of this chapter.



1627.  The license of any dentist, existing at the time of the
passage of this chapter, shall continue in force until it expires or
is forfeited in the manner provided by this chapter.



1627.5.  No person licensed under this chapter, who in good faith
renders emergency care at the scene of an emergency occurring outside
the place of that person's practice, or who, upon the request of
another person so licensed, renders emergency care to a person for a
complication arising from prior care of another person so licensed,
shall be liable for any civil damages as a result of any acts or
omissions by that person in rendering the emergency care.



1627.7.  (a) A dentist shall not be liable for damages for injury or
death caused in an emergency situation occurring in the dentist's
office or in a hospital on account of a failure to inform a patient
of the possible consequences of a dental procedure where the failure
to inform is caused by any of the following:
   (1) The patient was unconscious.
   (2) The dental procedure was undertaken without the consent of the
patient because the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient.
   (3) A dental procedure was performed on a person legally incapable
of giving consent, and the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to obtain the informed consent of a person
authorized to give such consent for the patient.
   (b) This section is applicable only to actions for damages for
injuries or death arising because of a dentist's failure to inform,
and not to actions for such damages arising because of a dentist's
negligence in rendering or failing to render treatment.
   (c) As used in this section:
   (1) "Dentist" means a person licensed as a dentist pursuant to
this chapter.
   (2) "Emergency situation occurring in a hospital" means a
situation occurring in a hospital, whether or not it occurs in an
emergency room, requiring immediate services for alleviation of
severe pain or immediate diagnosis and treatment of unforeseeable
dental conditions, which, if not immediately diagnosed and treated,
would lead to serious disability or death.
   (3) "Hospital" means a licensed general acute care hospital as
defined in subdivision (a) of Section 1250 of the Health and Safety
Code.
   (4) "Emergency situation occurring in the dentist's office" means
a situation occurring in an office, other than a hospital, used by
the dentist for the examination or treatment of patients, requiring
immediate services for alleviation of severe pain, or immediate
diagnosis and treatment of unforeseeable dental conditions, which, if
not immediately diagnosed and treated, would lead to serious
disability or death.


1628.  Any person over 18 years of age is eligible to take an
examination before the board upon making application therefor and
meeting all of the following requirements:
   (a) Paying the fee for applicants for examination provided by this
chapter.
   (b) Furnishing satisfactory evidence of having graduated from a
reputable dental college approved by the board; provided, also, that
applicants furnishing evidence of having graduated after 1921 shall
also present satisfactory evidence of having completed at dental
school or schools the full number of academic years of undergraduate
courses required for graduation.  For purposes of this article,
"reputable dental college approved by the board" or "approved dental
school" include a foreign dental school accredited by a body that has
a reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.

   (c) Furnishing the satisfactory evidence of financial
responsibility or liability insurance for injuries sustained or
claimed to be sustained by a dental patient in the course of the
examination as a result of the applicant's actions.
   (d) If the applicant has been issued a degree of doctor of dental
medicine or doctor of dental surgery by a foreign dental school, he
or she shall furnish all of the following documentary evidence to the
board:
   (1) That he or she has completed, in a dental school or schools
approved by the board pursuant to Section 1636.4, a resident course
of professional instruction in dentistry for the full number of
academic years of undergraduate courses required for graduation.
   (2) Subsequent thereto, he or she has been issued by the dental
school a dental diploma or a dental degree, as evidence of the
successful completion of the course of dental instruction required
for graduation.
   (e) Any applicant who has been issued a dental diploma from a
foreign dental school  that has not, at the time of his or her
graduation from the school, been approved by the board pursuant to
Section 1636.4 shall not be eligible for examination until the
applicant has successfully completed a minimum of two academic years
of education at a dental college approved by the board pursuant to
Article 1 (commencing with Section 1024) of Chapter 2 of Division 10
of Title 16 of the California Code of Regulations and has been issued
a degree of doctor of dental medicine or doctor of dental surgery or
its equivalent.  This subdivision shall not apply to applicants who
have successfully completed the requirements of Section 1636 as it
read before it was repealed on January 1, 2004, on or before December
31, 2003, or who have successfully completed the requirements of
Section 1628.2 on or before December 31, 2008.  An applicant who has
successfully completed the requirements of Section 1636 as it read
before it was repealed on January 1, 2004, on or before December 31,
2003, or who has successfully completed the requirements of Section
1628.2 on or before December 31, 2008, shall be eligible to take the
examination required by Section 1632, subject to the limitations set
forth in  subdivisions (b) and (c) of Section 1633.
   (f) Subdivisions (d) and (e) do not apply to a person who has been
issued a degree of doctor of dental medicine or doctor of dental
surgery by a foreign dental school accredited by a body that has a
reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.




1628.2.  (a) A person who has been issued a degree of doctor of
dental medicine or doctor of dental surgery by a foreign dental
school that is not approved by the board pursuant to Section 1636.4
shall be exempt from the requirements of subdivision (e) of Section
1628 if he or she meets all of the following requirements:
   (1) He or she furnishes documentary evidence satisfactory to the
board of both of the following:
   (A) That he or she has completed in a dental school or schools a
resident course of professional instruction in dentistry for the full
number of academic years of undergraduate courses required for
graduation.
   (B) That subsequent thereto, he or she has been issued by the
dental school a dental diploma or a dental degree, as evidence of
successful completion of the course of dental instruction required
for graduation.
   (2) He or she passed Parts I and II of the  written examination of
the National Board Dental Examination of the Joint Commission on
National Dental Examinations or its predecessor on or before December
31, 2003.
   (3) He or she has passed an examination, on or before December 31,
2008, in which the applicant is required to demonstrate his or her
skill in restorative technique, subject to the following:
   (A) An applicant who obtains an overall average grade of 75
percent in the restorative technique examination and a grade of 75
percent or more in two of the three subsections shall be deemed to
have passed the examination.  An applicant who obtains a grade of 85
percent in any subsection of the examination but does not pass the
examination is exempt from retaking that subsection for two years
following the date of the examination in which the grade of 85
percent was obtained.
   (B) Applications for this examination shall be submitted by mail
only.  An applicant for the examination shall submit to the board a
mailing address for the applicant that is located within the United
States.  That mailing address shall be the sole address that the
board is required to use to communicate with the applicant.
   (C) An applicant shall provide to the board copies of their
passing scores on Parts I and II of the written examination of the
National Board Dental Examination of the Joint Commission on National
Dental Examinations or its predecessor within 90 days after April
13, 2004, which is the date of the enactment of Chapter 33 of the
Statutes of 2004.  An applicant who has previously taken the
restorative technique examination or who has previously provided his
or her passing scores on Parts I and II of the  written examination
of the National Board Dental Examination of the Joint Commission on
National Dental Examinations or its predecessor shall not be subject
to the requirement of this subparagraph.
   (D) (i) Notwithstanding Section 135, an applicant who fails to
pass the examination under this section or Section 1636, as repealed
on January 1, 2004, after four attempts or who fails to pass the
examination on or before December 31, 2008, shall not be eligible for
further reexamination under this paragraph, and shall not be
eligible for the exemption from the requirements of subdivision (e)
of Section 1628.  Failure by an applicant to appear for the
examination without good cause, as determined by the board,
constitutes a failure to pass the examination for purposes of this
paragraph.
   (ii) In order to be eligible to reapply to take the examination,
an applicant who fails to pass the examination or fails to appear for
the examination, and who has not used all four examination attempts,
shall submit to the board a letter of intent stating his or her
intent to reapply to take the examination.  The applicant shall
submit this letter to the board within 45 days of the board mailing
notification to him or her of failure to pass the examination, or, if
the applicant failed to appear for the examination, within 45 days
of the examination date for which he or she failed to appear.
   The requirements of this clause shall not be construed to require
the applicant to take the next examination offered by the board,
however, it is the intent of the Legislature that applicants apply
for reexaminations in a timely manner.
   (iii) An applicant who believes he or she has good cause for
failing to appear at a scheduled examination shall state the grounds
supporting the good cause in a letter to the board.  If the board
accepts those grounds as good cause, the applicant may reapply for a
future examination in the usual manner used by the board for
scheduling applicants for an examination, and the examination for
which the applicant failed to appear shall not count against the
maximum four attempts permitted by clause (i).  If the board does not
accept those grounds as good cause, the examination for which the
applicant failed to appear shall be counted as one of those four
attempts.
   (iv) If the applicant fails to comply with the requirements of
clause (ii), he or she shall no longer qualify to take any future
examination required by this paragraph, and shall be subject to the
requirements of subdivision (e) of Section 1628.
   (E) If all qualified applicants have exhausted the four
examination attempts permitted by subparagraph (D), or become
ineligible to take the examination, the board may, prior to January
1, 2009, cease to offer administration of that examination at any
time thereafter.
   (4) Failure to meet any of the requirements of paragraphs (1) to
(3), inclusive, including, but not limited to, the requirement of
subparagraph (C) of paragraph (3) that an applicant provide to the
board copies of his or her passing scores on Parts I and II of the
written examination within  the specified time period, shall make an
applicant ineligible for the exemption from the requirements of
subdivision (e) of Section 1628 provided by this section.
   (b) It is the intent of the Legislature that the restorative
technique examination provided for by this section, including the
eligibility provisions, be a continuation of the restorative
technique examination provided for in Section 1636, as repealed on
January 1, 2004, and that an applicant for the examination have no
more than a total of four attempts to take the restorative technique
examination.
   (c) This section shall remain in effect only until January 1,
2009, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2009, deletes or extends
that date.



1628.5.  The board may deny an application to take an examination
for licensure as a dentist or dental auxiliary or an application for
registration as a dental corporation, or, at any time prior to
licensure, the board may deny the issuance of a license to an
applicant for licensure as a dentist or dental auxiliary, if the
applicant has done any of the following:
   (a) Committed any act which would be grounds for the suspension or
revocation of a license issued pursuant to this code.
   (b) Committed any act or been convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (c) While unlicensed, committed, or aided and abetted the
commission of, any act for which a license is required by this
chapter.
   (d) Suspension or revocation of a license issued by another state
or territory on grounds which would constitute a basis for suspension
or revocation of licensure in this state.
   The proceedings 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.



1628.7.  (a) The board may, upon an applicant's successful
completion of the board examination, in its sole discretion, issue a
probationary license to an applicant for licensure as a dentist or
dental auxiliary.  The board may require, as a term or condition of
issuing the probationary license, the applicant to do any of the
following, including, but not limited to:
   (1) Successfully complete a professional competency examination.
   (2) Submit to a medical or psychological evaluation.
   (3) Submit to continuing medical or psychological treatment.
   (4) Abstain from the use of alcohol or drugs.
   (5) Submit to random fluid testing for alcohol or controlled
substance abuse.
   (6) Submit to continuing participation in a board approved
rehabilitation program.
   (7) Restrict the type or circumstances of practice.
   (8) Submit to continuing education and coursework.
   (9) Comply with requirements regarding notification to employer
and changes of employment.
   (10) Comply with probation monitoring.
   (11) Comply with all laws and regulations governing the practice
of dentistry.
   (12) Limit practice to a supervised structured environment in
which the licensee's activities shall be supervised by another
dentist.
   (13) Submit to total or partial restrictions on drug prescribing
privileges.
   (b) The probation shall be for three years and the licensee may
petition the board for early termination, or modification of a
condition of, the probation in accordance with subdivision (b) of
Section 1686.
   (c) The proceeding under this section shall be conducted in
accordance with the provisions of 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.



1629.  (a) Any member of the board may inquire of any applicant for
examination concerning his or her qualifications or experience and
may take testimony of anyone in regard thereto, under oath, which he
or she is hereby empowered to administer.
   (b) Each applicant for licensure under this chapter shall furnish
fingerprint cards for submission to state and federal criminal
justice agencies, including, but not limited to, the Federal Bureau
of Investigation, in order to establish the identity of the applicant
and in order to determine whether the applicant has a record of any
criminal convictions in this state or in any other jurisdiction,
including foreign countries.  The information obtained as a result of
the fingerprinting of the applicant shall be used in accordance with
Section 11105 of the Penal Code, and to determine whether the
applicant is subject to denial of licensure pursuant to Division 1.5
(commencing with Section 475) or Section 1628.5.




1630.  The examination by the board of applicants for a license to
practice dentistry in this State shall be sufficiently thorough to
test the fitness of the applicant to practice dentistry, and both
questions and answers shall be written in the English language.




1631.  The subjects in which the applicant shall be examined shall
be those subjects as the board may from time to time prescribe.
However, the subjects of examination shall be selected in accordance
with the trend of dental education in California as that trend is
determined, from time to time by the curricula of the dental colleges
in California approved by the Dental Board of California, and no
examination shall be given on any subject which is not then, at the
time of the determination, being currently taught in those approved
dental colleges.  In the event of any changes in the list of
examination subjects, all approved dental schools in the United
States shall be notified, by the executive officer of the board, at
least two years in advance of the effective date of any change or
changes in subjects.  Each applicant, at the time of filing an
application to take any examination hereunder, shall be given a list
of the subjects of the examination for which he or she is making
application.


1632.  (a) The board shall require each applicant to successfully
complete the 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.
   (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 clinical and written examination developed and administered
by the board.
   (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.



1632.5.  (a) Prior to implementation of paragraph (2) of subdivision
(c) of Section 1632, the department's Office of Examination
Resources shall review the Western Regional Examining Board
examination to assure compliance with the requirements of Section 139
and to certify that the examination process meets those standards.
If the department determines that the examination process fails to
meet those standards, paragraph (2) of subdivision (c) of Section
1632 shall not be implemented.  The review of the Western Regional
Examining Board examination shall be conducted during or after the
Dental Board of California's occupational analysis scheduled for the
2004-05 fiscal year, but not later than September 30, 2005.  However,
an applicant who successfully completes the Western Regional
Examining Board examination on or after January 1, 2005, shall be
deemed to have met the requirements of subdivision (c) of Section
1632 if the department certifies that the Western Regional Examining
Board examination meets the standards set forth in this subdivision.

   (b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
   (c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
   (d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California.  This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1633.  (a) When an applicant for a license has received a grading of
85 percent or above in any given subject, he or she shall be exempt
from reexamination on that subject in subsequent examinations before
the board within two years after the examination on which the
applicant received the exemption.
   (b) Notwithstanding Section 135, an applicant who fails to pass
the examination required by Section 1632 after three attempts shall
not be eligible for further reexamination until the applicant has
successfully completed a minimum of 50 hours of education for each
subject which the applicant failed in the applicant's last
unsuccessful examination.  The coursework shall be taken at a dental
school approved by either the Commission on Dental Accreditation or a
comparable organization approved by the board, and shall be
completed within a period of one year from the date of notification
of the applicant's third failure.
   (c) The coursework described in subdivision (b) shall be required
once for every three unsuccessful examination attempts.  When the
applicant applies for reexamination, he or she shall furnish proof
satisfactory to the board that he or she has successfully completed
the requirements of this section.



1634.  A person successfully passing the examination shall be
registered as a licensed dentist on the board register, as provided
in Section 1612, and shall be granted by the board a license to
practice dentistry in the State of California.




1635.5.  (a) Notwithstanding Section 1634, the board may grant a
license to practice dentistry to an applicant who has not taken an
examination before the board, if the applicant submits all of the
following to the board:
   (1) A completed application form and all fees required by the
board.
   (2) Proof of a current license issued by another state to practice
dentistry that is not revoked or suspended or otherwise restricted.

   (3) Proof that the applicant has either been in active clinical
practice or has been a full-time faculty member in an accredited
dental education program and in active clinical practice for a total
of at least 5,000 hours in five of the seven consecutive years
immediately preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if
documentation of any of the following is submitted:
   (A) The applicant may receive credit for two of the five years of
clinical practice by demonstrating completion of a residency training
program accredited by the American Dental Association Commission on
Dental Accreditation, including, but not limited to, a general
practice residency, an advanced education in general dentistry
program, or a training program in a specialty recognized by the
American Dental Association.
   (B)  The applicant agrees to practice dentistry full time for two
years in at least one primary care clinic licensed under subdivision
(a) of Section 1204 of the Health and Safety Code or primary care
clinic exempt from licensure pursuant to subdivision (c) of Section
1206 of the Health and Safety Code, or a clinic owned or operated by
a public hospital or health system, or a clinic owned and operated by
a hospital that maintains the primary contract with a county
government to fill the county's role under Section 17000 of the
Welfare and Institutions Code. The board may periodically request
verification of compliance with these requirements, and may revoke
the license upon a finding that the employment requirement, or any
other requirement of this subparagraph, has not been met. Full-time
status shall be defined by the board for the purposes of this
subparagraph, and the board may establish exemptions to this
requirement on a case-by-case basis.
   (C)  The applicant agrees to teach or practice dentistry full time
for two years in at least one accredited dental education program as
approved by the Dental Board of California. The board may
periodically request verification of compliance with these
requirements, and may revoke the license upon a finding that the
employment requirement, or any other requirement of this
subparagraph, has not been met. Full-time status shall be defined by
the board for the purposes of this subparagraph, and the board may
establish exemptions to this requirement on a case-by-case basis.
   (4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed to practice dentistry. If the applicant has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of Article 4
(commencing with Section 1670) to warrant the submission of
additional information from the applicant or the denial of the
application for licensure.
   (5) A signed release allowing the disclosure of information from
the National Practitioner Data Bank and the verification of
registration status with the federal Drug Enforcement Administration.
The board shall review this information to determine if it presents
sufficient evidence of a violation of Article 4 (commencing with
Section 1670) to warrant the submission of additional information
from the applicant or the denial of the application for licensure.
   (6) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
section.
   (7) An acknowledgment by the applicant executed under penalty of
perjury and automatic forfeiture of license, of the following:
   (A) That the information provided by the applicant to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the applicant has not been convicted of an offense
involving conduct that would violate Section 810.
   (8) Documentation of 50 units of continuing education completed
within two years of the date of his or her application under this
section. The continuing education shall include the mandatory
coursework prescribed by the board pursuant to subdivision (b) of
Section 1645.
   (9) Any other information as specified by the board to the extent
it is required of applicants for licensure by examination under this
article.
   (b) The board shall provide in the application packet to each
out-of-state dentist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas that exist in
the state.
   (2) Those not-for-profit clinics and public hospitals seeking to
contract with licensees for dental services.
   (c) (1) The board shall review the impact of this section on the
availability of dentists in California and report to the appropriate
policy and fiscal committees of the Legislature by January 1, 2008.
The report shall include a separate section providing data specific
to those dentists who intend to fulfill the alternative clinical
practice requirements of subparagraph (B) of paragraph (3) of
subdivision (a). The report shall include, but not be limited to, all
of the following:
   (A) The total number of applicants from other states who have
sought licensure.
   (B) The number of dentists from other states licensed pursuant to
this section, as well as the number of licenses not granted and the
reasons why each license was not granted.
   (C) The location of the practice of dentists licensed pursuant to
this section.
   (D) The number of dentists licensed pursuant to this section who
establish a practice in a rural area or in an area designated as
having a shortage of practicing dentists or no dentists at all.
   (E) The length of time dentists licensed pursuant to this section
maintained their practice in the reported location. This information
shall be reported separately for dentists described in subparagraphs
(C) and (D).
   (2) In identifying a dentist's location of practice, the board
shall use medical service study areas or other appropriate geographic
descriptions for regions of the state.
   (3) If appropriate, the board may report the information required
by paragraph (1) separately for primary care dentists and
specialists.
   (d) The board is authorized to contract with a third party or
parties to review applications filed under this section and to advise
the board as to whether the applications are complete. The
contracting party, its agents, and its employees shall agree to be
bound by all provisions of law applicable to the board, its members,
and staff, governing custody and confidentiality of materials
submitted by applicants for licensure.
   (e) The board, in issuing a license under this section to an
applicant qualified under subparagraph (B) or (C) of paragraph (3) of
subdivision (a), may impose a restriction authorizing the holder to
practice dentistry only in the facilities described in subparagraph
(B) of paragraph (3) of subdivision (a) or only to practice or teach
dentistry at the accredited dental education programs described in
subparagraph (C) of paragraph (3) of subdivision (a). Upon the
expiration of the two-year term, all location restrictions on the
license shall be removed and the holder is authorized to practice
dentistry in accordance with this chapter in any allowable setting in
the state.
   (f) Notwithstanding any other provision of law, a holder of a
license issued by the board before January 1, 2006, under this
section who committed to complete the remainder of the five years of
clinical practice requirement by a contract either to practice
dentistry full time in a facility described in subparagraph (B) of
paragraph (3) of subdivision (a) or to teach or practice dentistry
full time in an accredited dental education program approved by the
board, shall be required to complete only two years of service under
the contract in order to fulfill his or her obligation under this
section. Upon the expiration of that two-year term, all location
restrictions on the license shall be removed and the holder is
authorized to practice dentistry in accordance with this chapter in
any allowable setting in the state.
   (g) A license issued pursuant to this section shall be considered
a valid, unrestricted license for purposes of Section 1972.



1635.7.  Any person licensed pursuant to Section 1635.5 shall be
required to fulfill continuing education requirements established by
the board pursuant to Section 1645 before his or her license is
eligible to be renewed in accordance with this chapter.




1636.4.  (a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges.  It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that provide
an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.
   (b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to subdivision
(d).  The board may contract with outside consultants or a national
professional organization to survey and evaluate foreign dental
schools.  The consultant or organization shall report to the board
regarding its findings in the survey and evaluation.
   (c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school.  The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval.  None of the
members of the technical advisory group shall be affiliated with the
school seeking certification.
   (d) Any foreign dental school that wishes to be approved pursuant
to this section shall make application to the board for this
approval, which shall be based upon a finding that the educational
program of the foreign dental school is equivalent to that of similar
accredited institutions in the United States and adequately prepares
its students for the practice of dentistry.  Curriculum, faculty
qualifications, student attendance, plant and facilities, and other
relevant factors shall be reviewed and evaluated.  The board, with
the cooperation of the technical advisory group, shall identify by
rule the standards and review procedures and methodology to be used
in the approval process consistent with this subdivision.  The board
shall not grant approval if deficiencies found are of such magnitude
as to prevent the students in the school from receiving an
educational base suitable for the practice of dentistry.
   (e) Periodic surveys and evaluations of all approved schools shall
be made to ensure continued compliance with this section.  Approval
shall include provisional and full approval.  The provisional form of
approval shall be for a period determined by the board, not to
exceed three years, and shall be granted to an institution, in
accordance with rules established by the board, to provide reasonable
time for the school seeking permanent approval to overcome
deficiencies found by the board.  Prior to the expiration of a
provisional approval and before the full approval is granted, the
school shall be required to submit evidence that deficiencies noted
at the time of initial application have been remedied.  A school
granted full approval shall provide evidence of continued compliance
with this section.  In the event that the board denies approval or
reapproval, the board shall give the school a specific listing of the
deficiencies that caused the denial and the requirements for
remedying the deficiencies, and shall permit the school, upon
request, to demonstrate by satisfactory evidence, within 90 days,
that it has remedied the deficiencies listed by the board.
   (f) A school shall pay a registration fee established by rule of
the board, not to exceed one thousand dollars ($1,000), at the time
of application for approval and shall pay all reasonable costs and
expenses the board incurs for the conduct of the approval survey.
   (g) The board shall renew approval upon receipt of a renewal
application, accompanied by a fee not to exceed five hundred dollars
($500).  Each fully approved institution shall submit a renewal
application every seven years.  Any approval that is not renewed
shall automatically expire.



1636.6.  The Legislature hereby finds and declares that in order to
assure that the people of California receive the highest quality of
dental care, dentists graduating from dental schools outside of the
United States who apply for licensure in California must possess the
same training and skills as applicants from schools that have been
approved by the board.  The Legislature further finds and declares
that the current process for ensuring the adequacy of training of
these applicants is deficient, that high numbers of foreign dental
graduates are failing the restorative technique examination required
in Section 1636, and that there are numerous repeat failures.  The
Legislature further finds and declares that while current law
requires that a foreign dental graduate who fails the restorative
technique examination is required to take a minimum of two years of
additional training from a dental school approved by the board, only
three of the five dental schools operating in California offer a
two-year course of study for graduates of foreign dental schools.
   Therefore, the Legislature hereby urges all dental schools in this
state to provide in their curriculum a two-year course of study that
may be utilized by graduates of foreign dental schools to attain the
prerequisites for licensure in California.