2007 California Business and Professions Code Article 7. Dental Auxiliaries

CA Codes (bpc:1740-1777)

1740.  It is the intention of the Legislature by enactment of this
article to permit the full utilization of dental auxiliaries in order
to meet the dental care needs of all the state's citizens.  The
Legislature further intends that the classifications of dental
auxiliaries established pursuant to this article constitute a career
ladder, permitting the continual advancement of persons to
successively higher levels of licensure with additional training, and
without repeating training for skills already acquired.  The
Legislature further intends that the Board of Dental Examiners of the
State of California and its Committee on Dental Auxiliaries, in
implementing this article, give specific consideration to the
recommendations of the Advisory Committee on Utilization and
Education of Dental Auxiliaries, established pursuant to Chapter 645
of the Statutes of 1972, and contained in its report to the
Legislature dated March 20, 1973.



1741.  As used in this article:
   (a) "Board" means the Dental Board of California.
   (b) "Committee" means the Committee on Dental Auxiliaries.
   (c) "Direct supervision" means supervision of dental procedures
based on instructions given by a licensed dentist, who must be
physically present in the treatment facility during the performance
of those procedures.
   (d) "General supervision" means supervision of dental procedures
based on instructions given by a licensed dentist but not requiring
the physical presence of the supervising dentist during the
performance of those procedures.
   (e) "Dental auxiliary" means a person who may perform dental
assisting or dental hygiene procedures authorized by this article.




1742.  (a) There is within the jurisdiction of the board a Committee
on Dental Auxiliaries.
   (b) The Committee on Dental Auxiliaries shall have the following
areas of responsibility and duties:
   (1) The committee shall have the following duties and authority
related to education programs and curriculum:
   (A) Shall evaluate all dental auxiliary programs applying for
board approval in accordance with board rules governing the programs.

   (B) May appoint board members to any evaluation committee. Board
members so appointed shall not make a final decision on the issue of
program or course approval.
   (C) Shall report and make recommendations to the board as to
whether a program or course qualifies for approval.  The board
retains the final authority to grant or deny approval to a program or
course.
   (D) Shall review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at the request of the board.
   (E) May review and document any alleged deficiencies that might
warrant board action to withdraw or revoke approval of a program or
course, at its own initiation.
   (2) The committee shall have the following duties and authority
related to applications:
   (A) Shall review and evaluate all applications for licensure in
the various dental auxiliary categories to ascertain whether a
candidate meets the appropriate licensing requirements specified by
statute and board regulations.
   (B) Shall maintain application records, cashier application fees,
and perform any other ministerial tasks as are incidental to the
application process.
   (C) May delegate any or all of the functions in this paragraph to
its staff.
   (D) Shall issue auxiliary licenses in all cases, except where
there is a question as to a licensing requirement.  The board retains
final authority to interpret any licensing requirement. If a
question arises in the area of interpreting any licensing
requirement, it shall be presented by the committee to the board for
resolution.
   (3) The committee shall have the following duties and authority
regarding examinations:
   (A) Shall advise the board as to the type of license examination
it deems appropriate for the various dental auxiliary license
categories.
   (B) Shall, at the direction of the board, develop or cause to be
developed, administer, or both, examinations in accordance with the
board's instructions and periodically report to the board on the
progress of those examinations.  The following shall apply to the
examination procedure:
   (i) The examination shall be submitted to the board for its
approval prior to its initial administration.
   (ii) Once an examination has been approved by the board, no
further approval is required unless a major modification is made to
the examination.
   (iii) The committee shall report to the board on the results of
each examination and shall, where appropriate, recommend pass points.

   (iv) The board shall set pass points for all dental auxiliary
licensing examinations.
   (C) May appoint board members to any examination committee
established pursuant to subparagraph (B).
   (4) The committee shall periodically report and make
recommendations to the board concerning the level of fees for dental
auxiliaries and the need for any legislative fee increase. However,
the board retains final authority to set all fees.
   (5) The committee shall be responsible for all aspects of the
license renewal process, which shall be accomplished in accordance
with this chapter and board regulations. The committee may delegate
any or all of its functions under this paragraph to its staff.
   (6) The committee shall have no authority with respect to the
approval of continuing education providers and the board retains all
of this authority.
   (7) The committee shall advise the board as to appropriate
standards of conduct for auxiliaries, the proper ordering of
enforcement priorities, and any other enforcement-related matters
that the board may, in the future, delegate to the committee. The
board shall retain all authority with respect to the enforcement
actions, including, but not limited to, complaint resolution,
investigation, and disciplinary action against auxiliaries.
   (8) The committee shall have the following duties regarding
regulations:
   (A) To review and evaluate all suggestions or requests for
regulatory changes related to dental auxiliaries.
   (B) To report and make recommendations to the board, after
consultation with departmental legal counsel and the board's
executive officer.
   (C) To include in any report regarding a proposed regulatory
change, at a minimum, the specific language of the proposed changes
and the reasons for and facts supporting the need for the change. The
board has the final rulemaking authority.
   (c) This section shall become inoperative on July 1, 2009, and, as
of January 1, 2010, is repealed, unless a later enacted statute
which becomes effective on or before January 1, 2010, deletes or
extends the dates on which it becomes inoperative and is repealed.
The repeal of this section renders the committee subject to the
review required by Division 1.2 (commencing with Section 473).




1742.1.  Protection of the public shall be the highest priority for
the Committee on Dental Auxiliaries in exercising its licensing,
regulatory, and disciplinary functions.  Whenever the protection of
the public is inconsistent with other interests sought to be
promoted, the protection of the public shall be paramount.




1743.  The committee shall consist of the following nine members:
   (a) One member who is a public member of the board, one member who
is a licensed dentist and who has been appointed by the board as an
examiner pursuant to Section 1621, one member who is a licensed
dentist who is neither a board member nor appointed by the board as
an examiner pursuant to Section 1621, three members who are licensed
as registered dental hygienists, at least one of whom is actively
employed in a private dental office, and three members who are
licensed as registered dental assistants.  If available, an
individual licensed as a registered dental hygienist in extended
functions shall be appointed in place of one of the members licensed
as a registered dental hygienist.  If available, an individual
licensed as a registered dental assistant in extended functions shall
be appointed in place of one of the members licensed as a registered
dental assistant.
   (b) The public member of the board shall not have been licensed
under Chapter 4 (commencing with Section 1600) of the Business and
Professions Code within five years of the appointment date and shall
not have any current financial interest in a dental-related business.




1744.  (a) The members of the committee shall be appointed by the
Governor.  The terms of the member who is a board member and the
member who has been appointed by the board as an examiner pursuant to
Section 1621 shall expire December 31, 1976.  The terms of the
member who is a licensed dentist and one member who is a dental
assistant and one member who is licensed as a registered dental
hygienist shall expire on December 31, 1977.  The terms of all other
members shall expire on December 31, 1978.  Thereafter, appointments
shall be for a term of four years.
   (b) No member shall serve as a member of the committee for more
than two consecutive terms.  Vacancies shall be filled by appointment
for the unexpired terms.  The committee shall annually elect one of
its members as chairperson.
   (c) The Governor shall have the power to remove any member of the
committee from office for neglect of any duty required by law or for
incompetence or unprofessional or dishonorable conduct.



1745.  Each member of the committee shall receive a per diem and
expenses as provided in Section 103.



1746.  The committee may employ such employees as it may deem
necessary to carry out the functions and responsibilities prescribed
by this article.


1746.1.  The committee shall evaluate all suggestions or requests
for regulatory changes related to auxiliaries.  The committee shall
have the authority to hold informational hearings in order to report
and make appropriate recommendations to the board, after consultation
with departmental legal counsel and the board's chief executive
officer.  The committee shall include in any report regarding a
proposed regulatory change, at a minimum, the specific language or
the proposed change or changes and the reasons therefor and any facts
supporting the need for the change.



1747.  The procedure on all matters relating to the denial,
suspension, or revocation of licenses granted under this article
shall be governed by the provisions of Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code.



1748.  Recommendations by the committee pursuant to this article
shall be approved, modified, or rejected by the board within 90 days
of submission of the recommendation to the board.  If the board
rejects or significantly modifies the intent or scope of the
recommendation, the committee may request that the board provide its
reasons in writing for rejecting or significantly modifying the
recommendation.



1749.  (a) The committee shall meet at least four times annually.
The committee shall conduct additional meetings as are necessary in
appropriate locations to conclude its business.  Special meetings may
be held at the time and place the committee designates.
   (b) Notice of each meeting of the committee shall be given at
least two weeks in advance to those persons and organizations who
express an interest in receiving such notification.
   (c) The committee shall obtain permission of the director to meet
more than six times annually.  The director shall approve the
meetings that are necessary for the committee to fulfill its legal
responsibilities.



1749.1.  In addition to any other examination required by this
article, the board may require applicants for licensure under this
article to successfully complete an examination in California law and
ethics.


1750.  (a) A dental assistant is a person who may perform basic
supportive dental procedures as authorized by this article under the
supervision of a licensed dentist and who may perform basic
supportive procedures as authorized pursuant to subdivision (b) of
Section 1751 under the supervision of a registered dental hygienist
in alternative practice.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1750.  (a) A dental assistant is an individual who, without a
license, may perform basic supportive dental procedures, as
authorized by this article and by regulations adopted by the board,
under the supervision of a licensed dentist. "Basic supportive dental
procedures" are those procedures that have technically elementary
characteristics, are completely reversible, and are unlikely to
precipitate potentially hazardous conditions for the patient being
treated. These basic supportive dental procedures may be performed
under general supervision. These basic supportive dental procedures
do not include those procedures authorized in Section 1750.3 or
Section 1753.1, or by the board pursuant to Section 1751 for
registered assistants.
   (b) The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform the
basic supportive dental procedures authorized pursuant to subdivision
(a).
   (c) The supervising licensed dentist shall be responsible for
assuring that each dental assistant, registered orthodontic
assistant, registered surgery assistant, registered restorative
assistant, registered restorative assistant in extended functions,
registered dental assistant, and registered dental assistant in
extended functions, who is in his or her continuous employ for 120
days or more, has completed both of the following within a year of
the date of employment:
   (1) Board-approved courses in infection control and California
law.
   (2) A course in basic life support offered by the American Red
Cross, the American Heart Association, or any other course approved
by the board as equivalent.
   (d) Prior to operating radiographic equipment or applying for
licensure as a registered dental assistant under Section 1752.5, an
auxiliary described in subdivision (c) shall successfully complete a
radiation safety course approved by the board.
   (e) This section shall become operative on January 1, 2010.



1750.1.  (a) The practice of dental assisting does not include any
of the following procedures:
   (1) Diagnosis and comprehensive treatment planning.
   (2) Placing, finishing, or removing permanent restorations, except
as provided in Section 1753.1.
   (3) Surgery or cutting on hard and soft tissue including, but not
limited to, the removal of teeth and the cutting and suturing of soft
tissue.
   (4) Prescribing medication.
   (5) Starting or adjusting local or general anesthesia or oral or
parenteral conscious sedation, except for the administration of
nitrous oxide and oxygen, whether administered alone or in
combination with each other and except as otherwise provided in this
article.
   (b) This section shall become operative on January 1, 2010.



1750.2.  (a) On and after January 1, 2010, the board shall license
as a "registered orthodontic assistant," "registered surgery
assistant," or "registered restorative assistant" any person who does
either of the following:
   (1) Submits written evidence of satisfactory completion of a
course or courses approved by the board pursuant to subdivision (b)
that qualifies him or her in one of these specialty areas of practice
and obtains a passing score on both of the following:
   (A) A written examination approved by the board and administered
by the Committee on Dental Auxiliaries (COMDA) or by an entity
recommended by COMDA. COMDA may enter into a written agreement with a
public or private organization for the administration of the
examination. All aspects of the examination shall comply with Section
139.
   (B) A practical examination for the specialty category for which
the person is seeking licensure that is approved by the board and
administered by the Committee on Dental Auxiliaries (COMDA) or by an
entity recommended by COMDA. COMDA may enter into a written agreement
with a public or private organization for the administration of the
examination. All aspects of the examination shall comply with Section
139.
   (2) Completes a work experience pathway to licensure that meets
the requirements set forth in Section 1750.4. This section permits
the work experience pathway to licensure only for those assistants
described in this subdivision and does not apply to dentists or
dental hygienists.
   (b) The board shall adopt regulations for the approval of
specialty registration courses in the specialty areas specified in
this section. The board shall also adopt regulations for the approval
and recognition of core courses that teach basic dental science.
   The regulations shall define the minimum education and training
requirements necessary to achieve proficiency in the procedures
authorized for each specialty registration, taking into account the
combinations of classroom and practical instruction, clinical
training, and supervised work experience that are most likely to
provide the greatest number of opportunities for improving dental
assisting skills efficiently.
   (c) The board may approve specialty registration courses referred
to in this section prior to January 1, 2010, and the board shall
recognize the completion of these approved courses prior to January
1, 2010, but no specialty registrations shall be issued prior to
January 1, 2010.
   (d) The board may approve a course for the specialty registration
listed in subdivision (b) that does not include instruction in
coronal polishing.
   (e) The board may approve a course that only includes instruction
in coronal polishing as specified in paragraph (8) of subdivision (b)
of Section 1750.3.
   (f) A person who holds a specialty registration pursuant to this
section shall be subject to the continuing education requirements
established by the board pursuant to Section 1645 and the renewal
requirements of Article 6 (commencing with Section 1715).



1750.3.  (a) A registered orthodontic assistant may perform all of
the following dental procedures, as well as those authorized by board
regulations adopted pursuant to Section 1751:
   (1) Any duties that a dental assistant may perform.
   (2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
   (3) Placing metal orthodontic separators.
   (4) Placing ligatures and arch wires.
   (5) Taking orthodontic impressions.
   (6) Sizing, fitting, cementing, and removal of orthodontic bands.

   (7) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
   (8) Coronal polishing.
   (9) Preparing teeth for bonding.
   (10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
   (11) Removal of excess cement from coronal surfaces of teeth under
orthodontic treatment by means of a hand instrument or an ultrasonic
scaler.
   (12) Taking facebow transfers and bite registrations for
diagnostic models for case study only.
   (b) A registered surgery assistant may perform the following
dental procedures, as well as those authorized by board regulations
adopted pursuant to Section 1751:
   (1) Any duties that a dental assistant may perform.
   (2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
   (3) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases.
   (A) For purposes of this paragraph, patient monitoring includes
the following:
   (i) Selection and validation of monitoring sensors, selecting
menus and default settings and analysis for electrocardiogram, pulse
oximeter and capnograph, continuous blood pressure, pulse, and
respiration rates.
   (ii) Interpretation of data from noninvasive patient monitors
including readings from continuous blood pressure and information
from the monitor display for electrocardiogram waveform, carbon
dioxide and end tidal carbon dioxide concentration, respiratory cycle
data, continuous noninvasive blood pressure data, and pulse arterial
oxygen saturation measurements, for the purpose of evaluating the
condition of the patient during preoperative, intraoperative, and
postoperative treatment.
   (B) For purposes of this paragraph, patient monitoring does not
include the following:
   (i) Reading and transmitting information from the monitor display
during the intraoperative phase of surgery for electrocardiogram
waveform, carbon dioxide and end tidal carbon dioxide concentrations,
respiratory cycle data, continuous noninvasive blood pressure data,
or pulse arterial oxygen saturation measurements, for the purpose of
interpretation and evaluation by a licensed dentist who shall be at
chairside during this procedure.
   (ii) Placing of sensors.
   (4) Taking impressions for surgical splints and occlusal guards.
   (5) Placement of surgical dressings.
   (6) Adding drugs, medications, and fluids to intravenous lines
using a syringe, provided that a licensed dentist is present at the
patient's chairside.
   (7) Removal of intravenous lines.
   (8) Coronal polishing, provided that evidence of satisfactory
completion of a board-approved course in this function has been
submitted to the board prior to the performance thereof.
   (c) A registered restorative assistant may perform all of the
following dental procedures, as well as those authorized by board
regulations adopted pursuant to Section 1751:
   (1) Any duties that a dental assistant may perform.
   (2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
   (3) Sizing, fitting, adjusting, intraorally fabricating,
temporarily cementing, and removing temporary crowns and other
temporary restorations.
   (4) Placing bases and liners on sound dentin.
   (5) Removing excess cement from supragingival surfaces of teeth
with a hand instrument or an ultrasonic scaler.
   (6) Taking facebow transfers and bite registrations for diagnostic
models for case study only.
   (7) Taking impressions for space-maintaining appliances and
occlusal guards.
   (8) Coronal polishing.
   (9) Applying pit and fissure sealants.
   (10) Applying bleaching agents and activating bleaching agents
with nonlaser, light-curing devices.
   (11) Placement of surgical dressings.
   (d) The supervising dentist shall be responsible for determining
the level of supervision required for assistants registered pursuant
to this section.
   (e) This section shall become operative on January 1, 2010.



1750.4.  (a) A dentist who holds an active, current, and
unrestricted license to practice dentistry under this chapter may
train and educate his or her employees, or employees of the dental
office, primary care clinic, or hospital where the dentist is
practicing and directly supervises the employees, without charge or
cost to the employees, in all of the allowable duties for the purpose
of licensure in one of the specialty licensure categories set forth
in Section 1750.2. A dentist may not begin the work experience
training and education of an employee until his or her application
for that particular employee is approved by the Committee on Dental
Auxiliaries. For purposes of this subdivision, an unrestricted
license means a license that is not suspended, placed on probation,
or restricted pursuant to subparagraph (B) or (C) of paragraph (3) of
subdivision (a) of Section 1635.5.
   (1) In order to train or educate pursuant to this subdivision, the
dentist shall be subject to the following terms and conditions,
which are applicable prior to commencing training for each employee:

   (A) On a completed and signed application form approved by the
committee, the dentist shall provide the specialty dental assistant
category in which the dentist will be training the employee and the
name of the employee. When the committee provides a requested
application to an employer, the committee shall also provide a copy
of the regulations governing the education and training of the
specialty assistants or provide access to the regulations on the
committee's Internet Web site.
   (B) The education and training the dentist provides shall be in
compliance with the regulations adopted by the board pursuant to
subdivision (b) of Section 1750.2. Employees trained pursuant to this
section shall be considered bona fide students, as described in
Section 1626.5, as added by Section 6 of Chapter 655 of the Statutes
of 1999. The dentist shall not allow the employee to begin the
clinical training on patients until the employee has completed the
didactic and preclinical training, which includes nonpatient training
on typodonts and other laboratory models and as prescribed in
regulations, and a minimum of 120 days as a dental assistant in
California or another state, which may include graduation from a
regional occupational center or regional occupation program pursuant
to paragraph (1) of subdivision (b).
   (C) The dentist shall pay a fee to the committee to cover
administrative costs not to exceed two hundred fifty dollars (0)
for each employee he or she is training and educating. If a dentist
is training and educating an employee in more than one of the
specialty licensure categories at the same time, the dentist shall
pay the fee for each category in which the employee is being trained
and educated.
   (D) Prior to beginning employee training, the dentist shall
complete a teaching methodology course approved by the board that is
six hours in length and covers educational objectives, content,
instructional methods, and evaluation procedures. The dentist shall
be exempt from this requirement if he or she holds any one of the
following degrees, credentials, or positions:
   (i) A postgraduate degree in education.
   (ii) A Ryan Designated Subjects Vocational Education Teaching
Credential.
   (iii) A Standard Designated Subjects Teaching Credential.
   (iv) A Community College Teaching Credential.
   (v) Is a faculty member of a dental school approved by the
Commission on Dental Accreditation.
   The dentist shall provide to the board proof of one of these
designations or shall submit a certificate of course completion in
teaching methodology.
   (2) All duties performed by an employee pursuant to this section
shall be done in the dentist's presence. The dentist shall ensure
that any patient treated by a bona fide student is verbally informed
of the student's status.
   (3) The work experience pathway for the employee shall not exceed
a term of 18 months, starting on the date that the Committee on
Dental Auxiliaries approves the application submitted by the dentist
for that employee.
   (4) Upon successful completion of the work experience pathway
period, the dentist shall certify in writing that the employee has
successfully completed the educational program covering all
procedures authorized for the specialty category for which the
employee is seeking licensure.
   (5) With respect to this subdivision, the committee:
   (A) Shall approve the application form described in subparagraph
(A) of paragraph (1). The application form shall not be required to
comply with the provisions of Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
   (B) Shall have a maximum of 60 days from the date a completed
application is received in which to approve or deny an application
under this subdivision. Nothing in this section shall prohibit a
dentist from appealing the denial of an application to the executive
officer of the committee.
   (C) May inspect the dentist's facilities and practice at any time
to ensure compliance with regulations adopted by the board pursuant
to Section 1750.2.
   (D) May revoke an approval for a dentist to provide training or
education pursuant to this section if the dentist is disciplined by
the board, fails to provide the training or education in accordance
with the law and regulations governing the specialty licensure
category, or fails to allow an inspection by the committee, or other
good cause. A dentist whose approval is revoked may appeal the
revocation to the committee's executive officer.
   (E) May limit by regulations, approved by the board, the number of
times a dentist may train or educate an individual employee in one
or more of the specialty licensure categories.
   (F) May limit by regulations, approved by the board, the number of
employees a dentist may train during the same time period.
   (G) May by regulations, approved by the board, require an
applicant for licensure who has repeatedly failed to pass either the
written or practical examination for the specialty licensure category
to complete additional training and education before he or she is
allowed to retake the examination.
   (b) As a condition for licensure for specialty registration under
Section 1750.2, an applicant who completes a work experience pathway
pursuant to this section shall do the following:
   (1) Certify to the board that he or she has a minimum of 1600
hours of prior work experience as a dental assistant. The 1600 hours
of required work experience may be obtained by working for multiple
employers, if the applicant provides written evidence of work
experience from each dentist employer. The employee may begin the
work experience pathway before he or she completes 1600 hours of work
experience, but may not apply for licensure until that work
experience is completed. The board shall give credit toward the 1600
hours of work experience to persons who have graduated from a dental
assisting program in a postsecondary institution, secondary
institution, regional occupational center, or regional occupation
program that is not approved by the board. The credit shall equal the
hours spent in classroom training and internship on an hour-for-hour
basis not to exceed 400 hours.
   (2) Certify to the board that he or she has completed the
educational program covering all procedures authorized for the
specialty category for which the applicant is seeking licensure.
   (3) Obtain a passing score on a written examination that is
approved by the board and administered by the Committee on Dental
Auxiliaries (COMDA) or by an entity that is recommended by COMDA.
COMDA may enter into a written agreement with a public or private
organization for the administration of the examination. All aspects
of the examination shall comply with Section 139.
   (4) Obtain a passing score on the practical examination for the
specialty category for which the employee is seeking licensure that
is approved by the board and administered by the Committee on Dental
Auxiliaries (COMDA) or by an entity recommended by COMDA. COMDA may
enter into a written agreement with a public or private organization
for the administration of the examination. All aspects of the
examination shall comply with Section 139.




1751.  (a) By September 15, 1993, the board, upon recommendation of
the committee, consistent with this article, standards of good dental
practice, and the health and welfare of patients, shall adopt
regulations relating to the functions that may be performed by dental
assistants under direct or general supervision, and the settings
within which dental assistants may work. At least once every seven
years thereafter, the board shall review the list of functions
performable by dental assistants, the supervision level, and settings
under which they may be performed, and shall update the regulations
as needed to keep them current with the state of the practice.
   (b) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
   (c) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1751.  (a) The board, upon recommendation of the committee, shall
adopt regulations governing the procedures that dental assistants,
registered orthodontic assistants, registered surgery assistants,
registered restorative assistants, registered dental assistants,
registered restorative assistants in extended functions, and
registered dental assistants in extended functions are authorized to
perform consistent with and necessary to implement the provisions of
this article, and the settings within which each may practice.
   (b) The board shall conduct an initial review of the procedures,
supervision level, settings under which they may be performed, and
utilization of extended functions dental auxiliaries by January 1,
2012.  The board shall submit the results of its review to the Joint
Committee on Boards, Commissions, and Consumer Protection. After the
initial review, a review shall be conducted at least once every five
to seven years thereafter and the board shall update regulations as
necessary to keep them current with the state of dental practice.
   (c) This section shall become operative on January 1, 2010.




1751.1.  Notwithstanding any other provision of law, in order to
expedite the implementation of the provisions in Chapter 667 of the
Statutes of 2004 and Senate Bill 1111 of the 2005-06 Regular Session
relating to educational programs and courses for registered
orthodontic assistants, registered surgery assistants, registered
restorative assistants, registered dental assistants, registered
restorative assistants in extended functions, and registered dental
assistants in extended functions and to ensure consistency between
these provisions, in initially adopting regulations pursuant to
Sections 1750.2, 1752.2, 1752.5, 1752.6, 1753 and 1757, the board
shall publish a notice of proposed regulatory action for each of the
above regulations on the same date in the same year.



1752.  (a) The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform
allowable functions.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1752.  (a) A "registered dental assistant in extended functions" is
an individual licensed pursuant to this article who may perform basic
restorative services and direct patient care, as authorized by
Sections 1750, 1750.3, and 1753.1, and by the board regulations
adopted pursuant to Section 1751 under the supervision of a licensed
dentist.
   (b) A "registered restorative assistant in extended functions" is
an individual licensed pursuant to this article who may perform basic
restorative services and direct patient care, as authorized by
Section 1750, subdivision (c) of Section 1750.3, and Section 1753.1,
and by board regulations adopted pursuant to Section 1751 under the
supervision of a licensed dentist.
   (c)  This section shall become operative on January 1, 2010.



1752.1.  (a) The board shall license as a registered dental
assistant a person who files an application prior to September 1,
2009, and submits written evidence, satisfactory to the board, of
either one of the following requirements:
   (1) Graduation from an educational program in dental assisting
approved by the board, and satisfactory performance on written and
practical examinations required by the board.
   (2) Satisfactory work experience of more than 12 months as a
dental assistant in California or another state and satisfactory
performance on a written and practical examination required by the
board. The board shall give credit toward the 12 months work
experience referred to in this subdivision 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 not to
exceed 16 weeks. 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.
   (b) 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.
   (c) An applicant who fails to pass the written and practical
examinations required by this section on or before June 30, 2010,
shall not be eligible for further reexamination and must apply for
and meet the requirements for registered dental assistant licensure
specified in Section 1752.5. Between September 1, 2009, and June 30,
2010, an applicant shall only be allowed to apply to take the written
examination two times, and shall only be allowed to apply to take
the practical examination two times.
   (d) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.


1752.2.  (a) A board-approved educational program in registered
dental assisting, as provided in subdivisions (a) and (b) of Section
1752.5, is a program that has met the requirements for approval
pursuant to board regulations.
   (b) An educational program in registered dental assisting that has
been approved by the board prior to January 1, 2010, to teach the
duties that a registered dental assistant was allowed to perform
pursuant to board regulations prior to January 1, 2010, shall
continue to be so approved on and after January 1, 2010, if it has
certified no later than November 30, 2009, on a form specified by the
board, that it shall provide instruction in all duties that
registered dental assistants shall be allowed to perform on and after
January 1, 2010, with the exception of adding drugs, medications,
and fluids to intravenous lines using a syringe and the monitoring of
patients during the preoperative, intraoperative, and postoperative
phases.
   (c) The board may at any time conduct a thorough evaluation of an
approved educational program's curriculum and facilities to determine
whether the program meets the requirements for approval as specified
in board regulations.



1752.5.  On and after September 1, 2009, a person may apply for and
be issued a license as a registered dental assistant upon obtaining a
passing score on a written and practical examination required by the
board and providing evidence to the board of one of the following:
   (a) Successful completion of an educational program in registered
dental assisting approved by the board on or after January 1, 2008,
to teach all of the functions specified in Section 1750.3, with the
exception of the duties of adding drugs, medications, and fluids to
intravenous lines using a syringe and the monitoring of patients
during the preoperative, intraoperative, and postoperative phases.
   (b) Successful completion of:
   (1) An educational program in registered dental assisting approved
by the board to teach the duties that registered dental assistants
were allowed to perform pursuant to board regulations prior to
January 1, 2010.
   (2) A board-approved course or courses in the following duties:
   (A) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
   (B) Applying pit and fissure sealants.
   (c) Successful completion of:
   (1) Twelve months of satisfactory work experience as a dental
assistant in California or another state. The board shall give credit
toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis not to exceed 16 weeks.
   (2) The three board-approved specialty registration courses, as
defined in Section 1750.2, for registration as a registered
orthodontic assistant, registered surgery assistant, and registered
restorative assistant. Any specialty license issued pursuant to
subparagraph (B) of paragraph (3) of subdivision (a) of Section
1750.2 shall be deemed to have met the requirements of this
subdivision for that specialty.
   (3) A board-approved radiation safety program.



1752.6.  A registered dental assistant may perform all duties and
procedures that a dental assistant, registered orthodontic assistant,
registered surgery assistant, and a registered restorative assistant
are allowed to perform, as well as those procedures authorized by
regulations adopted pursuant to Section 1751, except for the
following:
   (a) A registered dental assistant who qualifies for licensure
under subdivision (a) of Section 1752.5 may only perform the
registered surgery assistant duties of adding drugs, medications, and
fluids to intravenous lines and the monitoring of patients during
the preoperative, intraoperative, and postoperative phases after
providing evidence of completion of a board-approved course or
courses in these duties.
   (b) A registered dental assistant licensed on or before July 1,
2010, who qualified for licensure prior to September 1, 2009, may
only perform the following duties after the completion of a
board-approved course or courses in the following duties:
   (1) Selecting, prepositioning, curing in a position approved by
the supervising dentist, and removal of orthodontic brackets.
   (2) Monitoring of patients during the preoperative,
intraoperative, and postoperative phases, using noninvasive
instrumentation such as pulse oximeters, electrocardiograms, and
capnography.
   (3) Adding drugs, medications, and fluids to intravenous lines.
   (4) Applying pit and fissure sealants.
   (c) The supervising dentist shall be responsible for determining
the level of supervision required for authorized procedures performed
by registered dental assistants.
   (d) This section shall become operative on January 1, 2010.




1753.  (a) On and after January 1, 2010, the board shall license as
a registered dental assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
   (1) Current licensure as a registered dental assistant, or
completion of the requirements for licensure as a registered dental
assistant, as provided in Section 1752.5.
   (2) Successful completion of either of the following:
   (A) An extended functions postsecondary program approved by the
board in all of the procedures specified in Section 1753.1.
   (B) An extended functions postsecondary program approved by the
board on or before July 1, 2009, to teach the duties that registered
dental assistants in extended functions were allowed to perform
pursuant to board regulations prior to January 1, 2010, and a course
approved by the board in the procedures specified in paragraphs (8)
through (13) of subdivision (b) of Section 1753.1.
   (3) Successful completion of board-approved courses in radiation
safety and, within the last two years, courses in infection control,
California dental law, and basic life support.
   (4) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
   (b) On and after January 1, 2010, the board shall license as a
registered restorative assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following:
   (1) Completion of 12 months of satisfactory work experience as a
dental assistant in California or another state. The board shall give
credit toward the 12 months of work experience to persons who have
graduated from a dental assisting program in a postsecondary
institution, secondary institution, regional occupational center, or
regional occupation program that are not approved by the board. The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis, not to exceed 16 weeks.
   (2) Successful completion of a board-approved course in radiation
safety, and, within the last two years, courses in infection control,
California dental law, and basic life support.
   (3) Successful completion of a postsecondary program approved by
the board for restorative dental assisting specialty registration
specified in subdivision (c) of Section 1750.3.
   (4) Successful completion of an extended functions postsecondary
program approved by the board in all of the procedures specified in
Section 1753.1.
   (5) Satisfactory performance on a written examination and a
clinical or practical examination specified by the board. The board
shall designate whether the written examination shall be administered
by the committee or by the board-approved extended functions
program.
   (c) In approving extended functions postsecondary programs
required to be completed for licensure pursuant to this section, the
board shall require that the programs be taught by persons having
prior experience teaching the applicable procedures specified in
Section 1753.1, or procedures otherwise authorized by the board
pursuant to Section 1751, in a dental school approved either by the
Commission on Dental Accreditation or a comparable organization
approved by the board. Approved programs shall include didactic,
laboratory, and clinical modalities.
   (d) The board may approve extended functions postsecondary
programs referred to in this section prior to January 1, 2010, and
the board shall recognize the completion of these approved programs
prior to January 1, 2010.


1753.1.  (a) A registered dental assistant in extended functions
licensed on or after January 1, 2010, is authorized to perform all
duties and procedures that a registered dental assistant is
authorized to perform, and those duties that the board may prescribe
by regulation pursuant to Section 1751.
   (b) A registered dental assistant in extended functions licensed
on or after January 1, 2010, is authorized to perform the following
additional procedures under direct supervision and pursuant to the
order, control, and full professional responsibility of a licensed
dentist:
   (1) Cord retraction of gingivae for impression procedures.
   (2) Taking impressions for cast restorations.
   (3) Formulating indirect patterns for endodontic post and core
castings.
   (4) Fitting trial endodontic filling points.
   (5) Drying canals previously opened by the supervising dentist,
with absorbent points.
   (6) Testing pulp vitality.
   (7) Removing excess cement from subgingival tooth surfaces with a
hand instrument.
   (8) Fitting and cementing stainless steel crowns.
   (9) Placing, condensing, and carving amalgam restorations.
   (10) Placing class I, III, and V nonmetallic restorations.
   (11) Taking facebow transfers and bite registrations for fixed
prostheses.
   (12) Taking final impressions for tooth-borne, removable
prostheses.
   (13) Placing and adjusting permanent crowns for cementation by the
dentist.
   (14) Applying etchants for bonding restorative materials.
   (15) Other procedures authorized by regulations adopted by the
board pursuant to Section 1751.
   (c) A registered restorative assistant in extended functions
licensed on or after January 1, 2010, is authorized to perform all
duties and procedures that a registered restorative assistant is
authorized to perform, those duties that the board may prescribe by
regulation pursuant to Section 1751, and the duties specified in
subdivision (b) of this section.
   (d) All procedures required to be performed under direct
supervision shall be checked and approved by the supervising dentist
prior to the patient's dismissal from the office.




1753.5.  A registered dental assistant may apply pit and fissure
sealants under the general supervision of a licensed dentist, after
providing evidence to the board of having completed a board-approved
course in that procedure.


1754.  (a) By September 15, 1993, the board, upon recommendation of
the committee and consistent with this article, standards of good
dental practice, and the health and welfare of patients, shall adopt
regulations relating to the functions that may be performed by
registered dental assistants under direct or general supervision, and
the settings within which registered dental assistants may work. At
least once every seven years thereafter, the board shall review the
list of functions performable by registered dental assistants, the
supervision level, and settings under which they may be performed,
and shall update the regulations as needed to keep them current with
the state of the practice.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1756.  (a) The board shall license as a registered dental assistant
in extended functions a person who satisfies all of the following
requirements:
   (1) Status as a registered dental assistant.
   (2) Completion of clinical training approved by the board in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
   (3) Satisfactory performance on an examination required by the
board.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.



1757.  (a) Each person who holds a license as a registered dental
assistant in extended functions on the effective date of this section
may only perform those procedures that a registered dental assistant
is allowed to perform as specified in and limited by subdivision (b)
of Section 1752.6, and the procedures listed in paragraphs (1), (2),
(3), (4), (5), (6), (7), and (14) of subdivision (b) of Section
1753.1, until he or she provides evidence of having completed a
board-approved course or courses in the additional procedures
specified in paragraphs (8) to (13) of subdivision (b) of Section
1753.1, and an examination in those additional procedures as
specified by the board.
   (b) This section shall become operative on January 1, 2010.



1760.  The following functions may be performed by a registered
dental hygienist in addition to those authorized pursuant to Sections
1760.5, 1761, 1762, 1763, and 1764:
   (a) All functions that may be performed by a dental assistant or a
registered dental assistant.
   (b) All persons holding a license as a registered dental hygienist
on January 1, 2003, or issued a license on or before December 31,
2005, are authorized to perform the duties of a registered dental
assistant specified in Section 1754.  All persons issued a license as
a registered dental hygienist on and after January 1, 2006,  shall
qualify for and receive a registered dental assistant license prior
to performance of the duties specified in Section 1754.




1760.5.  (a) The practice of dental hygiene includes dental hygiene
assessment, development, planning, and implementation of a dental
hygiene care plan.  It also includes oral health education,
counseling, and health screenings.
   (b) The practice of dental hygiene does not include any of the
following procedures:
   (1) Diagnosis and comprehensive treatment planning.
   (2) Placing, condensing, carving, or removal of permanent
restorations.
   (3) Surgery or cutting on hard and soft tissue including, but not
limited to, the removal of teeth and the cutting and suturing of soft
tissue.
   (4) Prescribing medication.
   (5) Administering local or general anesthesia or oral or
parenteral conscious sedation, except for the administration of
nitrous oxide and oxygen, whether administered alone or in
combination with each other, or local anesthesia pursuant to Section
1761.



1761.  A dental hygienist is authorized to perform the following
procedures under direct supervision, after submitting to the board
evidence of satisfactory completion of a board-approved course of
instruction in the procedures:
   (a) Soft-tissue curettage.
   (b) Administration of local anesthesia.
   (c) Administration of nitrous oxide and oxygen, whether
administered alone or in combination with each other.



1762.  A dental hygienist is authorized to perform the following
procedures under general supervision:
   (a) Preventive and therapeutic interventions, including oral
prophylaxis, scaling, and root planing.
   (b) Application of topical, therapeutic, and subgingival agents
used for the control of caries and periodontal disease.
   (c) The taking of impressions for bleaching trays and application
and activation of agents with nonlaser, light-curing devices.
   (d) The taking of impressions for bleaching trays and placements
of in-office, tooth-whitening devices.



1763.  (a) A dental hygienist may provide, without supervision,
educational services, oral health training programs, and oral health
screenings.
   (b) A dental hygienist shall refer any screened patients with
possible oral abnormalities to a dentist for a comprehensive
examination, diagnosis, and treatment plan.
   (c) In any public health program created by federal, state, or
local law or administered by a federal, state, county, or local
governmental entity, a dental hygienist may provide, without
supervision, dental hygiene preventive services in addition to oral
screenings, including, but not limited to, the application of
fluorides and pit and fissure sealants.



1764.  (a) Any procedure performed or service provided by a dental
hygienist that does not specifically require direct supervision shall
require general supervision, so long as it does not give rise to a
situation in the dentist's office 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.
   (b) Unless otherwise specified in this chapter, a dental hygienist
may perform any procedure or provide any service within the scope of
his or her practice in any setting, so long as the procedure is
performed or the service is provided under the appropriate level of
supervision required by this article.
   (c) A dental hygienist may use any material or device approved for
use in the performance of a service or procedure within his or her
scope of practice under the appropriate level of supervision, if the
dental hygienist has the appropriate education and training required
to use the material or device.



1765.  No person other than a licensed dental hygienist or a
licensed dentist may engage in the practice of dental hygiene or
perform dental hygiene procedures on patients, including, but not
limited to, supragingival and subgingival scaling, dental hygiene
assessment, and treatment planning, except for the following persons:

   (a) A student enrolled in a dental or a dental hygiene school who
is performing procedures as part of the regular curriculum of that
program under the supervision of the faculty of that program.
   (b) A dental assistant acting in accordance with the rules of the
board in performing the following procedures:
   (1) Applying nonaerosol and noncaustic topical agents.
   (2) Applying topical fluoride.
   (3) Taking impression for bleaching trays.
   (c) A registered dental assistant acting in accordance with the
rules of the board in performing the following procedures:
   (1) Polishing the coronal surfaces of teeth.
   (2) Applying bleaching agents.
   (3) Activating bleaching agents with a nonlaser light-curing
device.
   (d) A registered dental assistant in extended functions acting in
accordance with the rules of the board in applying pit and fissure
sealants.
   (e) A registered dental hygienist licensed in another jurisdiction
performing a clinical demonstration for educational purposes.



1766.  (a) The board shall license as a registered dental hygienist
a person who satisfies all of the following requirements:
   (1) Completion of an educational program for registered dental
hygienists, approved by the board, and accredited by the Commission
on Dental Accreditation, and conducted by a degree-granting,
postsecondary institution.
   (2) Satisfactory performance on an examination required by the
board.
   (3) Satisfactory completion of a national written dental hygiene
examination approved by the board.
   (b) The board may grant a license as a registered dental hygienist
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 as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
   (3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years preceding the date of his or
her application under this section.  The clinical practice
requirement shall be deemed met if the applicant provides proof of at
least three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the board a
copy of a pending contract to practice dental hygiene in any of the
following facilities:
   (A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
   (B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
   (C) A clinic owned or operated by a public hospital or health
system.
   (D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (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 as a registered dental hygienist or dentist.  If the
applicant has been subject to disciplinary action, the board shall
review that action to determine if it warrants refusal to issue a
license to the applicant.
   (5) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
   (6) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
   (7) Proof that the applicant has not failed the examination for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
   (8) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the board on registered dental hygienists licensed in this state
at the time of application.
   (9) Any other information as specified by the board to the extent
that it is required of applicants for licensure by examination under
this article.
   (c) The board may periodically request verification of compliance
with the requirements of paragraph (3) of subdivision (b), and may
revoke the license upon a finding that the employment requirement or
any other requirement of paragraph (3) has not been met.
   (d) The board shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas in the state.
   (2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
   (e) The board shall review the impact of this section on the
availability of actively practicing dental hygienists in California
and report to the appropriate policy and fiscal committees of the
Legislature by January 1, 2006.  The report shall include a separate
section providing data specific to dental hygienists who intend to
fulfill the alternative clinical practice requirements of subdivision
(b).  The report shall include, but not be limited to, the
following:
   (1) The number of applicants from other states who have sought
licensure.
   (2) The number of dental hygienists from other states licensed
pursuant to this section, the number of licenses not granted under
this section, and the reason why the license was not granted.
   (3) The practice location of dental hygienists licensed pursuant
to this section.
   (4) The number of dental hygienists licensed pursuant to this
section who establish a practice in a rural area or in an area
designated as having a shortage of practicing dental hygienists or no
dental hygienists or in a safety net facility identified in
paragraph (3) of subdivision (b).
   (5) The length of time dental hygienists licensed pursuant to this
section practiced in the reported location.
   (f) In identifying a dental hygienist's location of practice, the
board shall use medical service study areas or other appropriate
geographic descriptions for regions of the state.
   (g) (1) The board shall license as a registered dental hygienist a
third- or fourth-year dental student who is in good standing at an
accredited California dental school and who satisfies the following
requirements:
   (A) Satisfactorily performs on an examination required by the
board.
   (B) Satisfactorily completes a national written dental hygiene
examination approved by the board.
   (2) A dental student who is granted a registered dental hygienist
license pursuant to this subdivision may only practice in a dental
practice that serves patients who are insured under Denti-Cal, the
Healthy Families Program, or other government programs, or a dental
practice that has a sliding scale fee system based on income.
   (3) Upon receipt of a license to practice dentistry pursuant to
Section 1634, a registered dental hygiene license issued pursuant to
this subdivision is automatically revoked.
   (4) The dental hygiene license is granted for two years upon
passage of the dental hygiene examination, without the ability for
renewal.
   (5) Notwithstanding paragraph (4), if a dental student fails to
remain in good standing at an accredited California dental school, or
fails to graduate from the dental program, a registered dental
hygiene license issued pursuant to this subdivision shall be revoked.
  The student shall be responsible for submitting appropriate
verifying documentation to the board.
   (6) The provisions of paragraphs (1) and (2) shall be reviewed
pursuant to Division 1.2 (commencing with Section 473).  However, the
review shall be limited to the fiscal feasibility and impact on the
board.
   (7) This subdivision is inoperative as of January 1, 2009.



1767.  The board, upon recommendation of the committee, shall adopt
regulations necessary to implement the provisions of this article.



1768.  The board shall license as a registered dental hygienist in
extended functions a person who meets all of the following
requirements:
   (a) Holds a valid license issued pursuant to Section 1766 as a
registered dental hygienist.
   (b) Completes clinical training approved by the board in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
   (c) Performs satisfactorily on an examination required by the
board.


1769.  The board, in consultation with the committee, shall adopt
regulations necessary to define the functions that may be performed
by registered dental hygienists in extended functions, whether the
functions require direct or general supervision, and the settings
within which registered dental hygienists in extended functions may
work.



1770.  (a) A licensed dentist may simultaneously utilize in his or
her practice no more than two dental auxiliaries in extended
functions licensed pursuant to Sections 1756 and 1768.
   (b) This section shall remain in effect only until January 1,
2010, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2010, deletes or extends
that date.


1770.  (a) A licensed dentist may simultaneously utilize in his or
her practice no more than three dental auxiliaries in extended
functions licensed pursuant to Sections 1753 and 1768.
   (b) This section shall become operative on January 1, 2010.




1771.  Any person, other than a person who has been issued a license
by the board, who holds himself or herself out as a registered
dental assistant, registered dental assistant in extended functions,
registered dental hygienist, registered dental hygienist in extended
functions, or registered dental hygienist in alternative practice, or
uses any other term indicating or implying he or she is licensed by
the board in the aforementioned categories, is guilty of a
misdemeanor.



1772.  The board shall seek to obtain an injunction against any
dental hygienist who provides services in alternative practice
pursuant to Sections 1774 and 1775 if the board has reasonable cause
to believe that the services are being provided to a patient who has
not received a prescription for those services from a dentist or
physician and surgeon licensed to practice in this state.



1773.  The provisions of Sections 1715, 1718, 1718.1, 1718.2, and
1718.3 shall govern the renewal, restoration, reinstatement, and
reissuance of licenses issued under this article.
   The license shall continue in effect through the date provided in
Section 1715 that next occurs after its issuance, when it shall
expire if not renewed.



1774.  (a) The board shall license as a registered dental hygienist
in alternative practice a person who demonstrates satisfactory
performance on an examination required by the board and, subject to
Sections 1760 and 1766, who meets either of the following
requirements:
   (1) Holds a current California license as a dental hygienist and
meets the following requirements:
   (A) Has been engaged in clinical practice as a dental hygienist
for a minimum of 2,000 hours during the immediately preceding 36
months.
   (B) Has successfully completed a bachelor's degree or its
equivalent from a college or institution of higher education that is
accredited by a national agency recognized by the Council on
Postsecondary Accreditation or the United States Department of
Education, and a minimum of 150 hours of additional educational
requirements, as prescribed by the board by regulation, that are
consistent with good dental and dental hygiene practice, including,
but not necessarily limited to, dental hygiene technique and theory
including gerontology and medical emergencies, and business
administration and practice management.
   (2) Has received a letter of acceptance into the employment
utilization phase of the Health Manpower Pilot Project No.  155
established by the Office of Statewide Health Planning and
Development pursuant to Article 1 (commencing with Section 128125) of
Chapter 3 of Part 3 of Division 107 of the Health and Safety Code.
   (b) Subject to the provisions of subdivisions (b) and (h) of
Section 1775, the board, in consultation with the committee, shall
adopt regulations in accordance with Section 1748 necessary to
implement this section.
   (c) The Director of Consumer Affairs shall review the regulations
adopted by the board in accordance with Section 313.1.
   (d) A person licensed as a registered dental hygienist who has
completed the prescribed classes through the Health Manpower Pilot
Project (HMPP) and who has established an independent practice under
the HMPP by June 30, 1997, shall be deemed to have satisfied the
licensing requirements under Section 1774, and shall be authorized to
continue to operate the practice he or she presently operates, so
long as he or she follows the requirements for prescription and
functions as specified in this section and Section 1775, with the
exception of subdivision (e) of Section 1775, and as long as he or
she continues to personally practice and operate the practice or
until he or she sells the practice to a licensed dentist.



1775.  (a) A registered dental hygienist in alternative practice may
perform those preventive and therapeutic functions described in
subdivision (a) of Section 1760, subdivision (a) of Section 1760.5,
and subdivisions (a) and (b) of Section 1762 as an employee of a
dentist or of another registered dental hygienist in alternative
practice, or as an independent contractor, or as a sole proprietor of
an alternative dental hygiene practice, or as an employee of a
primary care clinic or specialty clinic that is licensed pursuant to
Section 1204 of the Health and Safety Code or as an employee of a
primary care clinic exempt from licensure pursuant to subdivision (c)
of Section 1206 of the Health and Safety Code, or as an employee of
a clinic owned or operated by a public hospital or health system, or
as an employee of 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) A registered dental hygienist in alternative practice may
perform the dental hygiene services specified in subdivision (a) in
the following settings:
   (1) Residences of the homebound.
   (2) Schools.
   (3) Residential facilities and other institutions.
   (4) Dental health professional shortage areas, as certified by the
Office of Statewide Health Planning and Development in accordance
with existing office guidelines.
   (c) A registered dental hygienist in alternative practice shall
not do any of the following:
   (1) Infer, purport, advertise, or imply that he or she is in any
way able to provide dental services or make any type of dental health
diagnosis beyond those services specified in subdivision (a).
   (2) Hire a registered dental hygienist to provide direct patient
services other than a registered dental hygienist in alternative
practice.
   (d) A registered dental hygienist in alternative practice may
submit or allow to be submitted any insurance or third-party claims
for patient services performed as authorized pursuant to this
article.
   (e) A registered dental hygienist in alternative practice may hire
other registered dental hygienists in alternative practice to assist
in his or her practice.
   (f) A registered dental hygienist in alternative practice may hire
and supervise dental assistants performing functions specified in
subdivision (b) of Section 1751.
   (g) A registered dental hygienist in alternative practice shall
provide to the board documentation of an existing relationship with
at least one dentist for referral, consultation, and emergency
services.
   (h) (1) A dental hygienist in alternative practice may provide
services to a patient without obtaining written verification that the
patient has been examined by a dentist or physician and surgeon
licensed to practice in this state.
   (2) If a dental hygienist in alternative practice provides
services to a patient 18 months or more after the first date that he
or she provides services to a patient, he or she shall obtain written
verification that the patient has been examined by a dentist or
physician and surgeon licensed to practice in this state. The
verification shall include a prescription for dental hygiene services
as described in subdivision (i). Failure to comply with this
paragraph or subdivision (i) shall be considered unprofessional
conduct.
   (i) A registered dental hygienist in alternative practice may
perform dental hygiene services for a patient who presents to the
registered hygienist in alternative practice a written prescription
for dental hygiene services issued by a dentist or physician and
surgeon licensed to practice in this state. The prescription shall be
valid for a time period based on the dentist's or physician and
surgeon's professional judgment, but not to exceed two years from the
date that it was issued.


1777.  While employed by or practicing in a primary care clinic or
specialty clinic licensed pursuant to Section 1204 of the Health and
Safety Code, in a primary care clinic exempt from licensure pursuant
to subdivision (c) of Section 1206 of the Health and Safety Code, 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, a registered
dental assistant or a registered dental assistant in extended
functions may perform the following procedures under the direct
supervision of a registered dental hygienist or a registered dental
hygienist in alternative practice, pursuant to subdivision (b) of
Section 1763:
   (a) Coronal polishing, after providing evidence to the board of
having completed a board-approved course in that procedure.
   (b) Application of topical fluoride.
   (c) Application of sealants, after providing evidence to the board
of having completed a board-approved course in that procedure.