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 Board of Dental Examiners of the State 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.
Dental auxiliary also means a registered dental hygienist in
alternative practice, who may provide authorized services by
prescription provided by a dentist or physician and surgeon licensed
to practice in this state.  "Dental auxiliary" includes all of the
following:
   (1) A dental assistant pursuant to Section 1750.
   (2) A registered dental assistant pursuant to Section 1753.
   (3) A registered dental assistant in extended functions pursuant
to Section 1756.
   (4) A registered dental hygienist pursuant to Section 1758.
   (5) A registered dental hygienist in extended functions pursuant
to Section 1761.
   (6) A registered dental hygienist in alternative practice pursuant
to Section 1768.



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; 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, 2004, and, as
of January 1, 2005, is repealed, unless a later enacted statute
which becomes effective on or before January 1, 2005, 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).




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 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.



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.



1752.  The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform
allowable functions.


1753.  The board shall license as a registered dental assistant a
person who submits written evidence, satisfactory to the board, of
either one of the following requirements:
   (a) Graduation from an educational program in dental assisting
approved by the board, and satisfactory performance on a written
examination required by the board.  On and after January 1, 1984,
every applicant seeking licensure as a registered dental assistant
pursuant to this subdivision shall provide evidence of his or her
satisfactory performance on a written and practical examination
required by the board.
   (b) 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.



1753.5.  In addition to the requirements of Section 1753, 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.



1754.  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 which 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.


1756.  The board shall license as a registered dental assistant in
extended functions a person who satisfies all of the following
requirements:
   (a) Status as a registered dental assistant.
   (b) 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.
   (c) Satisfactory performance on an examination required by the
board.



1757.  Within one year of the date this article takes effect, the
board, upon recommendation of the committee, consistent with
standards of good dental practice and the health and welfare of
patients, shall prescribe by regulation the functions which may be
performed by registered dental assistants in extended functions,
whether such functions require direct or general supervision, and the
settings within which registered dental assistants in extended
functions may work.


1758.  The board shall license as a registered dental hygienist a
person who satisfies all of the following requirements:
   (a) 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,
post-secondary institution.
   (b) Satisfactory performance on an examination required by the
board.
   (c) Satisfactory completion of a national written dental hygiene
examination approved by the board.



1759.  Within one year of the date this article takes effect, the
board, upon recommendation of the committee, consistent with
standards of good dental practice and the health and welfare of
patients, shall prescribe by regulation the functions which may be
performed by a registered dental hygienist, whether such functions
require direct or general supervision, and the settings within which
registered dental hygienists may work.



1760.  The following functions may be performed by a registered
dental hygienist in addition to those authorized pursuant to Section
1759:
   (a) All functions which may be performed by a dental assistant or
a registered dental assistant, under the degree of supervision
required for such functions.
   (b) Removal of lime deposits, accretions and stains from the
unattached surface of the teeth, and application of topical agents
essential to complete prophylaxis under the general supervision of a
licensed dentist.



1761.  The board shall license as a registered dental hygienist in
extended functions a person who meets all of the following
requirements:
   (a) Status as registered dental hygienist.
   (b) 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.
   (c) Satisfactory performance on an examination required by the
board.



1762.  Within one year of the date this article takes effect, the
board, upon recommendation of the committee, consistent with
standards of good dental practice and the health and welfare of
patients, shall prescribe by regulation the functions which may be
performed by registered dental hygienists in extended functions,
whether such functions require direct or general supervision, and the
settings within which registered dental hygienists in extended
functions may work.


1763.  A licensed dentist may utilize in his or her practice no more
than two dental auxiliaries in extended functions licensed pursuant
to Sections 1756 and 1761.



1764.  Any person other than one 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.


1765.  The board shall seek to obtain an injunction against any
dental hygienist who provides services in alternative practice
pursuant to Sections 1768 and 1770 if the board has reasonable cause
to believe that the services are being provided to any patient who
has not received a prescription for those services from a dentist or
physician and surgeon licensed to practice in this state.



1766.  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 which next occurs after its issuance, when it shall
expire if not renewed.



1767.  The board shall report to the Legislature by July 1, 1975,
and each six months thereafter for a period of two years, as to their
progress in implementing this article.



1768.  (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 1758, 1759, and 1760, who meets either of the following
requirements which have prepared the person to practice dental
hygiene in an alternative setting:
   (1) The person holds a current California license as a dental
hygienist and meets the following requirements:
   (A) The person has been engaged in clinical practice as a dental
hygienist for a minimum of 2,000 hours during the immediately
preceding 36 months.
   (B) The person 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) A person who 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) By January 1, 1999, the board, upon recommendations of the
committee that shall be made no later than February 15, 1998,
consistent with the standards of good dental practice, shall adopt
regulations in accordance with Section 1748 prescribing all of the
following:
   (1) The content for the 150 hours of coursework to be successfully
completed for licensure of a registered dental hygienist in
alternative practice.
   (2) The functions requiring general supervision that may be
performed by a registered dental hygienist in alternative practice as
an employee of a dentist.
   (3) The functions that may be performed independently and without
the supervision of a dentist by a registered dental hygienist in
alternative practice shall include, but need not be limited to, root
planing and oral prophylaxis.
   (4) Services authorized pursuant to paragraphs (2) and (3) may be
performed by prescription.
   (c) The Director of Consumer Affairs shall review the regulations
adopted by the board in accordance with Section 313.1.
   (d) If the board does not adopt regulations in accordance with
subdivision (b), or if the regulations are not approved in accordance
with Section 313.1, the coursework and duties for alternative dental
hygiene practice that were established under the auspices of the
Health Manpower Pilot Project shall govern a registered dental
hygienist in alternative practice for purposes of this section and
Section 1770 until 30 days following the date on which the board
adopts regulations in accordance with subdivision (b) and the
regulations are adopted in accordance with Section 313.1, at which
time the regulations adopted by the board shall take effect.  This
subdivision shall not apply to either of the following, which shall
be effective regardless of whether the board adopts the regulations:

   (1) The limitation on settings, specified in subdivision (b) of
Section 1770, in which a registered dental hygienist in alternative
practice may practice.
   (2) The requirements specified in subdivision (h) of Section 1770
of an examination, diagnosis, and prescription.
   (e) 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 1768, 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 1770, with the
exception of subdivision (e) of Section 1770, and as long as he or
she continues to personally practice and operate the practice or
until such time that he or she sells the practice to a licensed
dentist.
   (f) The Health Manpower Pilot Project 155 shall cease to operate
on the effective date of this section.



1770.  (a) A registered dental hygienist in alternative practice may
practice, pursuant to Section 1768, 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.
   (b) A registered dental hygienist in alternative practice may
perform the duties authorized pursuant to Section 1768 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 evaluating a patient's dental hygiene status,
providing a dental hygiene treatment plan, and providing the
associated dental hygiene services.
   (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) 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 who has performed a
physical examination and a diagnosis of the patient prior to a
prescription being provided.  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 15 months from the date that
it was issued.