1600.  This chapter constitutes the chapter on dentistry of the
Business and Professions Code.  It may be known and cited as the
Dental Practice Act.
   Whenever a reference is made to the Dental Practice Act by the
provisions of any statute, it shall be construed as referring to the
provisions of this chapter.


1601.1.  (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested.  The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and four public members.  Of the eight practicing
dentists, one shall be a member of a faculty of any California dental
college and one shall be a dentist practicing in a nonprofit
community clinic.  The appointing powers, described in Section 1603,
may appoint to the board a person who was a member of the prior
board.  The board shall be organized into standing committees dealing
with examinations, enforcement, and other subjects as the board
deems appropriate.
   (b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
   (c) The board shall have all authority previously vested in the
existing board under this chapter.  The board may enforce all
disciplinary actions undertaken by the previous board.
   (d) This section shall become operative on January 1, 2002.
   (e) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute that
is enacted before January 1, 2005, deletes or extends the dates on
which it becomes inoperative and is repealed.  The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).



1601.1.  (a) There shall be in the Department of Consumer Affairs
the Dental Board of California in which the administration of this
chapter is vested.  The board shall consist of eight practicing
dentists, one registered dental hygienist, one registered dental
assistant, and four public members.  Of the eight practicing
dentists, one shall be a member of a faculty of any California dental
college and one shall be a dentist practicing in a nonprofit
community clinic.  The appointing powers, described in Section 1603,
may appoint to the board a person who was a member of the prior
board.  The board shall be organized into standing committees dealing
with examinations, enforcement, and other subjects as the board
deems appropriate.
   (b) For purposes of this chapter, any reference in this chapter to
the Board of Dental Examiners shall be deemed to refer to the Dental
Board of California.
   (c) The board shall have all authority previously vested in the
existing board under this chapter.  The board may enforce all
disciplinary actions undertaken by the previous board.
   (d) This section shall become operative on January 1, 2002.
   (e) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute that
is enacted before January 1, 2005, deletes or extends the dates on
which it becomes inoperative and is repealed.  The repeal of this
section renders the board subject to the review required by Division
1.2 (commencing with Section 473).



1601.3.  (a) (1) The Director of Consumer Affairs shall appoint a
dental board enforcement program monitor no later than March 31,
2002.  The director may retain a person for this position by a
personal services contract, the Legislature hereby finding, pursuant
to Section 19130 of the Government Code, that this is a new state
function.
   (2) The director shall supervise the enforcement program monitor
and may terminate or dismiss him or her from this position.
   (b) (1) The enforcement program monitor shall monitor and evaluate
the dental disciplinary system and procedures, with specific
concentration on improving the overall efficiency of the enforcement
program.  The director shall specify further duties of the program
monitor.
   (2) The monitoring duty shall be on a continuing basis for a
period of no more than two years from the date of the enforcement
program monitor's appointment and shall include, but not be limited
to, improving the quality and consistency of complaint processing and
investigation and reducing the timeperiods for each, reducing any
complaint backlog, assuring consistency in the application of
sanctions or discipline imposed on licensees, and shall include the
following areas:  the accurate and consistent implementation of the
laws and rules affecting discipline, staff concerns regarding
disciplinary matters or procedures, appropriate utilization of
licensed professionals to investigate complaints, the board's
cooperation with other governmental entities charged with enforcing
related laws and regulations regarding dentists.
   (3) The enforcement program monitor shall exercise no authority
over the board's discipline operations or staff.  However, the board
and its staff shall cooperate with him or her, and the board shall
provide data, information, and case files as requested by the
enforcement program monitor to perform all of his or her duties.
   (4) The director shall assist the enforcement program monitor in
the performance of his or her duties, and the enforcement program
monitor shall have the same investigative authority as the director.

   (c) The enforcement program monitor shall submit an initial
written report of his or her findings and conclusions to the board,
the department, and the Legislature no later than September 1, 2002,
and every six months thereafter, and be available to make oral
reports to each, if requested to do so.  The enforcement program
monitor may also provide additional information to either the
department or the Legislature at his or her discretion or at the
request of either the department or the Legislature.  The enforcement
program monitor shall make his or her reports available to the
public or the media.  The enforcement program monitor shall make
every effort to provide the board with an opportunity to reply to any
facts, findings, issues, or conclusions in his or her reports with
which the board may disagree.
   (d) The board shall pay for all of the costs associated with the
employment of an enforcement program monitor.
   (e) This section shall become inoperative on March 31, 2004, and
as of January 1, 2005, is repealed, unless a later enacted statute,
that is enacted before January 1, 2005, deletes or extends the dates
on which it becomes inoperative and is repealed.



1601.5.  For purposes of Section 1601, "practicing dentist" includes
a member of a faculty of any dental college or dental department of
any medical college in the State of California.



1602.  All of the members of the board, except the public members,
shall have been actively and legally engaged in the practice of
dentistry in the State of California, for at least five years next
preceding the date of their appointment.  The dental hygienist member
shall have been a registered dental hygienist, and the dental
assistant member shall have been a registered dental assistant, in
the State of California for at least five years next preceding the
date of their appointment.  The public members shall not be
licentiates of the board or of any other board under this division or
of any board referred to in Sections 1000 and 3600.  No more than
one member of the board shall be a member of the faculty of any
dental college or dental department of any medical college in the
State of California.  None of the members, including the public
members, shall have any financial interest in any such college.



1603.  Except for the initial appointments, members of the board
shall be appointed for a term of four years, and each member shall
hold office until the appointment and qualification of his or her
successor or until one year shall have elapsed since the expiration
of the term for which he or she was appointed, whichever first
occurs.
   A vacancy occurring during a term shall be filled by appointment
for the unexpired term, within 30 days after it occurs.
   No person shall serve as a member of the board for more than two
terms.
   The Governor shall appoint two of the public members, the dental
hygienist member, the dental assistant member, and the eight licensed
dentist members of the board.  The Senate Rules Committee and the
Speaker of the Assembly shall each appoint a public member.
   Of the initial appointments, one of the dentist members and one of
the public members appointed by the Governor shall serve for a term
of one year.  Two of the dentist members appointed by the Governor
shall each serve for a term of two years.  One of the public members
and two of the dentist members appointed by the Governor shall each
serve a term of three years.  The dental hygienist member, the dental
assistant member, and the remaining three dentists members appointed
by the Governor shall each serve for a term of four years.  The
public members appointed by the Senate Committee on Rules and the
Speaker of the Assembly shall each serve for a term of four years.



1603a.  A member of the Board of Dental Examiners who has served two
terms shall not be eligible for reappointment to the board.  In
computing two terms hereunder, that portion of an unexpired term
which a member fills as a result of a vacancy shall be excluded.




1604.  Each member of the board, upon his or her qualification,
shall file with the executive officer his or her post office address,
and thereafter any notice of any change thereof.  Any notice mailed
to the address so on file, shall be deemed to comply with the
requirements of this chapter as to notice to that member of the
board.



1605.  The Governor has power to remove from office at any time any
member of the board for continued neglect of duty required by this
chapter or for incompetency or unprofessional or dishonorable
conduct.


1606.  The board shall elect a president, a vice president and a
secretary from its membership.  This section controls over the
provisions of section 107 of this code with respect to the selection
of officers.


1607.  The board shall meet regularly once each year in San
Francisco and once each year in Los Angeles after the commencement of
the dental schools for the purpose of examining applicants, and at
such other times and places as the board may designate, for the
purpose of transacting its business.



1608.  Special meetings may be held at such times as the board may
elect, or on the call of the president of the board, or of not less
than four members thereof.  A written notice of the time, place, and
object of the special meeting shall be mailed by the executive
officer to all the members not parties to the call, at least 15 days
before the day of the meeting.



1609.  Meetings may be held at any time and place by unanimous
consent evidenced either by writing or by the presence of any member
whose consent is necessary.



1610.  Eight members of the board shall constitute a quorum for the
transaction of business at any meeting.



1611.  The board shall carry out the purposes and enforce the
provisions of this chapter.  It shall examine all applicants for a
license to practice dentistry according to the provisions of this
chapter and shall issue licenses to practice dentistry in this State
to such applicants as successfully pass the examination of the board
and otherwise comply with the provisions of this chapter.  The board
shall collect and apply all fees as directed by this chapter.



1611.5.  The board may inspect the books, records, and premises of
any dentist licensed under this chapter in response to a complaint
that a licensee has violated any law or regulation that constitutes
grounds for disciplinary action by the board, and may employ
inspectors for this purpose.
   A licensee's failure to allow an inspection or any part thereof
shall be grounds for suspension or revocation of the license in
accordance with Section 1670.



1612.  The board shall keep a record of the names of all persons to
whom licenses have been granted by it to practice dentistry, and such
other records as may be necessary to show plainly all of its acts
and proceedings.


1613.  The board shall have and use a seal bearing the name "Board
of Dental Examiners of California."



1614.  The board may adopt reasonably necessary rules not
inconsistent with the provisions of this chapter concerning:
   (a) The holding of meetings.
   (b) The holding of examinations.
   (c) The manner of issuance and reissuance of licenses.
   (d) The establishment of standards for the approval of dental
colleges.
   (e) Prescribing subjects in which applicants are to be examined.
   (f) The administration and enforcement of this chapter.
   Such rules shall be adopted, amended, or repealed in accordance
with the provisions of the Administrative Procedure Act.



1615.  Each member of the board shall receive a per diem and
expenses as provided in Section 103.
   The secretary shall be entitled to traveling and other expenses
necessary in the performance of his duties.
   The secretary shall not receive a salary for acting in such
capacity.


1616.  The board shall have full power to employ all necessary
investigators, clerical and other assistants and appoint its own
attorney, prescribe his duties and fix his compensation.  Members and
employees of the board shall be entitled to other necessary
traveling expenses.  The investigators employed by the board shall be
specifically trained to investigate dental practice activities.



1616.5.  (a) The board, by and with the approval of the director,
may appoint a person exempt from civil service who shall be
designated as an executive officer and who shall exercise the powers
and perform the duties delegated by the board and vested in him or
her by this chapter.
   (b) This section shall become operative on January 1, 2002.
   (c) This section shall become inoperative on July 1, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute that
is enacted before January 1, 2005, deletes or extends the dates on
which it becomes inoperative and is repealed.



1617.  A copy of any part or all of the books of the board duly
certified by the executive officer shall be primary evidence in any
court of this state.


1618.  The original books, records, and papers of the board shall be
kept at the office of the executive officer, which shall be at such
place as may be designated by the board.
   The executive officer shall furnish to any person making
application therefor a copy of any part thereof, certified by him or
her as executive officer, upon payment of the fee specified in
Section 163.  The fee shall be deposited in the State Treasury to the
credit of the board.


1618.5.  (a) The board shall provide to the Director of the
Department of Managed Health Care a copy of any accusation filed with
the Office of Administrative Hearings pursuant to Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, when the accusation is filed, for a violation
of this chapter relating to the quality of care of any dental
provider of a health care service plan, as defined in Section 1345 of
the Health and Safety Code.  There shall be no liability on the part
of, and no cause of action shall arise against, the State of
California, the Board of Dental Examiners, the Department of Managed
Health Care, the director of that department, or any officer, agent,
employee, consultant, or contractor of the state or the board or the
department for the release of any false or unauthorized information
pursuant to this section, unless the release is made with knowledge
and malice.
   (b) The board and its executive officer and staff shall maintain
the confidentiality of any nonpublic reports provided by the Director
of the Department of Managed Health Care pursuant to subdivision (i)
of Section 1380 of the Health and Safety Code.




1619.  The examination papers of any applicant shall be kept for the
period of one year and may then be destroyed, but they shall be open
to inspection only by members of the board, by the applicant or by
someone appointed by the latter to inspect them, by a court of
competent jurisdiction in a proceeding where the question of the
contents of the papers is properly involved, or by the director in
accordance with Section 110 or 153.



1619.1.  Notwithstanding Section 1619, the board need not retain the
National Board of Dental Examiners' examination papers.



1620.  The board shall make an annual report of its proceedings to
the Governor by the fifteenth day of December of each year, together
with an account of all moneys received and disbursed by it, under
this chapter.


1620.1.  The Department of Consumer Affairs, in conjunction with the
board and the Joint Legislative Sunset Review Committee, shall
review the scope of practice for dental auxiliaries.  The department
shall employ the services of an independent consultant to perform
this comprehensive analysis.  The department shall be authorized to
enter into an interagency agreement or be exempted from obtaining
sole source approval for a sole source contract.  The board shall pay
for all of the costs associated with this comprehensive analysis.
The department shall report its findings and recommendations to the
Legislature by September 1, 2002.



1621.  The board shall utilize in the administration of its
licensure examinations only examiners whom it has appointed and who
meet the following criteria:
   (a) Possession of a valid license to practice dentistry in this
state or possession of a valid license in one of the following dental
auxiliary categories:  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.
   (b) Practice as a licensed dentist or in a dental auxiliary
licensure category for at least five years preceding his or her
appointment.
   (c) Hold no position as an officer or faculty member at any
college, school, or institution that provides dental instruction in
the same licensure category as that held by the examiner.