1740-1777
BUSINESS AND PROFESSIONS CODE
SECTION 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) "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.
(c) "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.
1742. The Legislature hereby finds and declares that dental
assistants provide a dental care service that is vital to good dental
health. It is the intent of the Legislature that the board create
and implement an effective forum where dental assistant services and
regulatory oversight of dental assistants can be heard and discussed
in full and where all matters relating to dental assistants in this
state can be discussed, including, but not limited to, all of the
following matters:
(a) Requirements for dental assistant licensure and renewal.
(b) Allowable dental assistant duties, settings, and supervision
levels.
(c) Appropriate standards of conduct and enforcement for dental
assistants.
1743. (a) The board shall have the following duties and authority
related to applications:
(1) Shall review and evaluate all applications for licensure in
all dental assisting categories to ascertain whether a candidate
meets the appropriate licensing requirements specified by statute and
board regulations.
(2) Shall maintain application records, cashier application fees,
and perform any other ministerial tasks as are incidental to the
application process.
(3) May delegate any or all of the functions in this subdivision
to its staff.
(4) Shall issue dental assistant licenses in all cases, except
where there is a question as to a licensing requirement.
(b) The board shall develop or cause to be developed and
administer examinations. The board shall set pass points for all
dental assisting licensing examinations.
(c) The board shall be responsible for all aspects of the license
renewal process, which shall be accomplished in accordance with this
chapter and board regulations. The board may delegate any or all of
its functions under this subdivision to its staff.
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.
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 an individual who, without a
license, may perform basic supportive dental procedures, as
authorized by Section 1750.1 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.
(b) The supervising licensed dentist shall be responsible for
determining the competency of the dental assistant to perform the
basic supportive dental procedures, as authorized by Section 1750.1.
(c) The employer of a dental assistant shall be responsible for
ensuring that the dental assistant who has been in continuous
employment for 120 days or more, has already successfully completed,
or successfully completes, all of the following within a year of the
date of employment:
(1) A board-approved course in the Dental Practice Act.
(2) A board-approved course in infection control.
(3) A course in basic life support offered by an instructor
approved by the American Red Cross or the American Heart Association,
or any other course approved by the board as equivalent and that
provides the student the opportunity to engage in hands-on simulated
clinical scenarios.
(d) The employer of a dental assistant shall be responsible for
ensuring that the dental assistant maintains certification in basic
life support.
(e) This section shall become operative on January 1, 2010.
1750.1. (a) A dental assistant may perform the following duties
under the general supervision of a supervising licensed dentist:
(1) Extra-oral duties or procedures specified by the supervising
licensed dentist, provided that these duties or procedures meet the
definition of a basic supportive procedure specified in Section 1750.
(2) Operate dental radiography equipment for the purpose of oral
radiography if the dental assistant has complied with the
requirements of Section 1656.
(3) Perform intraoral and extraoral photography.
(b) A dental assistant may perform the following duties under the
direct supervision of a supervising licensed dentist:
(1) Apply nonaerosol and noncaustic topical agents.
(2) Apply topical fluoride.
(3) Take intraoral impressions for all nonprosthodontic
appliances.
(4) Take facebow transfers and bite registrations.
(5) Place and remove rubber dams or other isolation devices.
(6) Place, wedge, and remove matrices for restorative procedures.
(7) Remove postextraction dressings after inspection of the
surgical site by the supervising licensed dentist.
(8) Perform measurements for the purposes of orthodontic
treatment.
(9) Cure restorative or orthodontic materials in operative site
with a light-curing device.
(10) Examine orthodontic appliances.
(11) Place and remove orthodontic separators.
(12) Remove ligature ties and archwires.
(13) After adjustment by the dentist, examine and seat removable
orthodontic appliances and deliver care instructions to the patient.
(14) Remove periodontal dressings.
(15) Remove sutures after inspection of the site by the dentist.
(16) Place patient monitoring sensors.
(17) Monitor patient sedation, limited to 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 supervising licensed dentist who shall be at the
patient's chairside during this procedure.
(18) Assist in the administration of nitrous oxide when used for
analgesia or sedation. A dental assistant shall not start the
administration of the gases and shall not adjust the flow of the
gases unless instructed to do so by the supervising licensed dentist
who shall be present at the patient's chairside during the
implementation of these instructions. This paragraph shall not be
construed to prevent any person from taking appropriate action in the
event of a medical emergency.
(c) Notwithstanding subdivision (b), when operating in a
school-based setting or a public health program created or
administered by a federal, state, county, or local governmental
entity pursuant to Sections 104762 and 104830 of the Health and
Safety Code, a dental assistant may apply topical fluoride under the
general direction of a licensed dentist or physician.
(d) Under the supervision of a registered dental hygienist in
alternative practice, a dental assistant may perform intraoral
retraction and suctioning.
(e) The board may specify additional allowable duties by
regulation.
(f) The duties of a dental assistant or a dental assistant holding
a permit in orthodontic assisting or in dental sedation do not
include any of the following procedures unless specifically allowed
by law:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, finishing, or removing 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) 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 by law.
(g) The duties of a dental assistant are defined in subdivision
(a) of Section 1750 and do not include any duty or procedure that
only an orthodontic assistant permitholder, dental sedation assistant
permitholder, registered dental assistant, registered dental
assistant in extended functions, registered dental hygienist, or
registered dental hygienist in alternative practice is allowed to
perform.
(h) This section shall become operative on January 1, 2010.
1750.2. (a) On and after January 1, 2010, the board may issue an
orthodontic assistant permit to a person who files a completed
application including a fee and provides evidence, satisfactory to
the board, of all of the following eligibility requirements:
(1) Completion of at least 12 months of work experience as a
dental assistant.
(2) Successful completion of a board-approved course in the Dental
Practice Act and a board-approved, course in infection control.
(3) Successful completion of a course in basic life support
offered by an instructor approved by the American Red Cross or the
American Heart Association, or any other course approved by the board
as equivalent.
(4) Successful completion of a board-approved orthodontic
assistant course, which may commence after the completion of six
months of work experience as a dental assistant.
(5) Passage of a written examination administered by the board
after completion of all of the other requirements of this
subdivision. The written examination shall encompass the knowledge,
skills, and abilities necessary to competently perform the duties
specified in Section 1750.3.
(b) A person who holds an orthodontic assistant permit pursuant to
this section shall be subject to the same continuing education
requirements for registered dental assistants as established by the
board pursuant to Section 1645 and the renewal requirements of
Article 6 (commencing with Section 1715).
1750.3. A person holding an orthodontic assistant permit pursuant
to Section 1750.2 may perform the following duties under the direct
supervision of a licensed dentist:
(a) All duties that a dental assistant is allowed to perform.
(b) Prepare teeth for bonding, and select, preposition, and cure
orthodontic brackets after their position has been approved by the
supervising licensed dentist.
(c) Remove only orthodontic brackets and attachments with removal
of the bonding material by the supervising licensed dentist.
(d) Size, fit, and cement orthodontic bands.
(e) Remove orthodontic bands and remove excess cement from
supragingival surfaces of teeth with a hand instrument.
(f) Place and ligate archwires.
(g) Remove excess cement with an ultrasonic scaler from
supragingival surfaces of teeth undergoing orthodontic treatment.
(h) Any additional duties that the board may prescribe by
regulation.
1750.4. (a) On and after January 1, 2010, the board may issue a
dental sedation assistant permit to a person who files a completed
application including a fee and provides evidence, satisfactory to
the board, of all of the following eligibility requirements:
(1) Completion of at least 12 months of work experience as a
dental assistant.
(2) Successful completion of a board-approved course in the Dental
Practice Act and a board-approved, course in infection control.
(3) Successful completion of a course in basic life support
offered by an instructor approved by the American Red Cross or the
American Heart Association, or any other course approved by the board
as equivalent.
(4) Successful completion of a board-approved dental sedation
assistant course, which may commence after the completion of six
months of work experience as a dental assistant.
(5) Passage of a written examination administered by the board
after completion of all of the other requirements of this
subdivision. The written examination shall encompass the knowledge,
skills, and abilities necessary to competently perform the duties
specified in Section 1750.5.
(b) A person who holds a permit 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).
1750.5. A person holding a dental sedation assistant permit
pursuant to Section 1750.4 may perform the following duties under the
direct supervision of a licensed dentist or other licensed health
care professional authorized to administer conscious sedation or
general anesthesia in the dental office:
(a) All duties that a dental assistant is allowed to perform.
(b) Monitor patients undergoing conscious sedation or general
anesthesia utilizing data from noninvasive instrumentation such as
pulse oximeters, electrocardiograms, capnography, blood pressure,
pulse, and respiration rate monitoring devices. Evaluation of the
condition of a sedated patient shall remain the responsibility of the
dentist or other licensed health care professional authorized to
administer conscious sedation or general anesthesia, who shall be at
the patient's chairside while conscious sedation or general
anesthesia is being administered.
(c) Drug identification and draw, limited to identification of
appropriate medications, ampule and vial preparation, and withdrawing
drugs of correct amount as verified by the supervising licensed
dentist.
(d) Add drugs, medications, and fluids to intravenous lines using
a syringe, provided that a supervising licensed dentist is present at
the patient's chairside, limited to determining patency of
intravenous line, selection of injection port, syringe insertion into
injection port, occlusion of intravenous line and blood aspiration,
line release and injection of drugs for appropriate time interval.
The exception to this duty is that the initial dose of a drug or
medication shall be administered by the supervising licensed dentist.
(e) Removal of intravenous lines.
(f) Any additional duties that the board may prescribe by
regulation.
(g) The duties listed in subdivisions (b) to (e), inclusive, may
not be performed in any setting other than a dental office or dental
clinic.
1751. (a) At least once every seven years, the board shall review
the allowable duties for dental assistants, registered dental
assistants, registered dental assistants in extended functions,
dental sedation assistant permitholders, and orthodontic assistant
permitholders, the supervision level for these categories, and the
settings under which these duties may be performed, and shall update
the regulations as necessary to keep them current with the state of
the dental practice.
(b) This section shall become operative on January 1, 2010.
1752.1. (a) The board may license as a registered dental assistant
a person who files an application and submits written evidence,
satisfactory to the board, of one of the following eligibility
requirements:
(1) Graduation from an educational program in registered dental
assisting approved by the board, and satisfactory performance on a
written and practical examination administered by the board.
(2) For individuals applying prior to January 1, 2010, evidence of
completion of satisfactory work experience of at least 12 months as
a dental assistant in California or another state and satisfactory
performance on a written and practical examination administered by
the board.
(3) For individuals applying on or after January 1, 2010, evidence
of completion of satisfactory work experience of at least 15 months
as a dental assistant in California or another state and satisfactory
performance on a written and practical examination administered by
the board.
(b) For purposes of this section, "satisfactory work experience"
means performance of the duties specified in Section 1750.1 in a
competent manner as determined by the employing dentist, who shall
certify to such satisfactory work experience in the application.
(c) The board shall give credit toward the work experience
referred to in this section to persons who have graduated from a
dental assisting program in a postsecondary institution approved by
the Department of Education or in a secondary institution, regional
occupational center, or regional occupational program, that are not,
however, approved by the board pursuant to subdivision (a). The
credit shall equal the total weeks spent in classroom training and
internship on a week-for-week basis. The board, in cooperation with
the Superintendent of Public Instruction, shall establish the minimum
criteria for the curriculum of nonboard-approved programs.
Additionally, the board shall notify those programs only if the
program's curriculum does not meet established minimum criteria, as
established for board-approved registered dental assistant programs,
except any requirement that the program be given in a postsecondary
institution. Graduates of programs not meeting established minimum
criteria shall not qualify for satisfactory work experience as
defined by this section.
(d) In addition to the requirements specified in subdivision (a),
each applicant for registered dental assistant licensure on or after
July 1, 2002, shall provide evidence of having successfully completed
board-approved courses in radiation safety and coronal polishing as
a condition of licensure. The length and content of the courses shall
be governed by applicable board regulations.
(e) In addition to the requirements specified in subdivisions (a)
and (d), individuals applying for registered dental assistant
licensure on or after January 1, 2010, shall demonstrate satisfactory
performance on a written examination in law and ethics administered
by the board and shall provide written evidence of successful
completion within five years prior to application of all of the
following:
(1) A board-approved course in the Dental Practice Act.
(2) A board-approved course in infection control.
(3) A course in basic life support offered by an instructor
approved by the American Red Cross or the American Heart Association,
or any other course approved by the board as equivalent.
(f) A registered dental assistant may apply for an orthodontic
assistant permit or a dental sedation assistant permit, or both, by
submitting written evidence of the following:
(1) Successful completion of a board-approved orthodontic
assistant or dental sedation assistant course, as applicable.
(2) Passage of a written examination administered by the board
that shall encompass the knowledge, skills, and abilities necessary
to competently perform the duties of the particular permit.
(g) A registered dental assistant with permits in either
orthodontic assisting or dental sedation assisting shall be referred
to as an "RDA with orthodontic assistant permit," or "RDA with dental
sedation assistant permit," as applicable. These terms shall be used
for reference purposes only and do not create additional categories
of licensure.
(h) Completion of the continuing education requirements
established by the board pursuant to Section 1645 by a registered
dental assistant who also holds a permit as an orthodontic assistant
or dental sedation assistant shall fulfill the continuing education
requirements for the permit or permits.
1752.3. (a) On and after January 1, 2010, the written examination
for registered dental assistant licensure required by Section 1752.1
shall comply with Section 139.
(b) On and after January 1, 2010, the practical examination for
registered dental assistant licensure required by Section 1752.1
shall consist of three of the procedures described in paragraphs (1)
to (4), inclusive. The specific procedures shall be assigned by a
registered dental assistant examination committee appointed by the
board and shall be graded by examiners appointed by the board. The
procedures shall be performed on a fully articulated maxillary and
mandibular typodont secured with a bench clamp. Each applicant shall
furnish the required materials necessary to complete the examination.
(1) Place a base or liner.
(2) Place, adjust, and finish a direct provisional restoration.
(3) Fabricate and adjust an indirect provisional restoration.
(4) Cement an indirect provisional restoration.
1752.4. (a) A registered dental assistant may perform all of the
following duties:
(1) All duties that a dental assistant is allowed to perform.
(2) Mouth-mirror inspections of the oral cavity, to include
charting of obvious lesions, existing restorations, and missing
teeth.
(3) Apply and activate bleaching agents using a nonlaser
light-curing device.
(4) Use of automated caries detection devices and materials to
gather information for diagnosis by the dentist.
(5) Obtain intraoral images for computer-aided design (CAD),
milled restorations.
(6) Pulp vitality testing and recording of findings.
(7) Place bases, liners, and bonding agents.
(8) Chemically prepare teeth for bonding.
(9) Place, adjust, and finish direct provisional restorations.
(10) Fabricate, adjust, cement, and remove indirect provisional
restorations, including stainless steel crowns when used as a
provisional restoration.
(11) Place post-extraction dressings after inspection of the
surgical site by the supervising licensed dentist.
(12) Place periodontal dressings.
(13) Dry endodontically treated canals using absorbent paper
points.
(14) Adjust dentures extra-orally.
(15) Remove excess cement from surfaces of teeth with a hand
instrument.
(16) Polish coronal surfaces of the teeth.
(17) Place ligature ties and archwires.
(18) Remove orthodontic bands.
(19) All duties that the board may prescribe by regulation.
(b) A registered dental assistant may only perform the following
additional duties if he or she has completed a board-approved
registered dental assistant educational program in those duties, or
if he or she has provided evidence, satisfactory to the board, of
having completed a board-approved course in those duties.
(1) Remove excess cement with an ultrasonic scaler from
supragingival surfaces of teeth undergoing orthodontic treatment.
(2) The allowable duties of an orthodontic assistant permitholder
as specified in Section 1750.3. A registered dental assistant shall
not be required to complete further instruction in the duties of
placing ligature ties and archwires, removing orthodontic bands, and
removing excess cement from tooth surfaces with a hand instrument.
(3) The allowable duties of a dental sedation assistant
permitholder as specified in Section 1750.5.
(4) The application of pit and fissure sealants.
(c) Except as provided in Section 1777, the supervising licensed
dentist shall be responsible for determining whether each authorized
procedure performed by a registered dental assistant should be
performed under general or direct supervision.
(d) This section shall become operative on January 1, 2010.
1752.6. A registered dental assistant licensed on and after January
1, 2010, shall provide evidence of successful completion of a
board-approved course in the application of pit and fissure sealants
prior to the first expiration of his or her license that requires the
completion of continuing education as a condition of renewal. The
license of a registered dental assistant who does not provide
evidence of successful completion of that course shall not be renewed
until evidence of course completion is provided.
1753. (a) On and after January 1, 2010, the board may license as a
registered dental assistant in extended functions a person who
submits written evidence, satisfactory to the board, of all of the
following eligibility requirements:
(1) Current licensure as a registered dental assistant or
completion of the requirements for licensure as a registered dental
assistant.
(2) Successful completion of a board-approved course in the
application of pit and fissure sealants.
(3) 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 1753.5.
(B) An extended functions postsecondary program approved by the
board 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 (1), (2), (5), and
(7) to (11), inclusive, of subdivision (b) of Section 1753.5.
(4) Passage of a written examination and a clinical or practical
examination administered by the board. The board shall designate
whether the written examination shall be administered by the board or
by the board-approved extended functions program.
(b) A registered dental assistant in extended functions may apply
for an orthodontic assistant permit or a dental sedation assistant
permit, or both, by providing written evidence of the following:
(1) Successful completion of a board-approved orthodontic
assistant or dental sedation assistant course, as applicable.
(2) Passage of a written examination administered by the board
that shall encompass the knowledge, skills, and abilities necessary
to competently perform the duties of the particular permit.
(c) A registered dental assistant in extended functions with
permits in either orthodontic assisting or dental sedation assisting
shall be referred to as an "RDAEF with orthodontic assistant permit,"
or "RDAEF with dental sedation assistant permit," as applicable.
These terms shall be used for reference purposes only and do not
create additional categories of licensure.
(d) Completion of the continuing education requirements
established by the board pursuant to Section 1645 by a registered
dental assistant in extended functions who also holds a permit as an
orthodontic assistant or dental sedation assistant shall fulfill the
continuing education requirement for such permit or permits.
1753.4. On and after January 1, 2010, each applicant for licensure
as a registered dental assistant in extended functions shall
successfully complete an examination consisting of the procedures
described in subdivisions (a) and (b). On and after January 1, 2010,
each person who holds a current and active registered dental
assistant in extended functions license issued prior to January 1,
2010, who wishes to perform the duties specified in paragraphs (1),
(2), (5), and (7) to (11), inclusive, of subdivision (b) of Section
1753.5, shall successfully complete an examination consisting of the
procedures described in subdivision (b). The specific procedures
shall be assigned by a registered dental assistant in extended
functions examination committee appointed by the board and shall be
graded by examiners appointed by the board. Each applicant shall
furnish the required materials necessary to complete the examination.
(a) Successful completion of the following two procedures on a
patient provided by the applicant. The prepared tooth, prior to
preparation, shall have had mesial and distal contact. The
preparation performed shall have margins at or below the free
gingival crest and shall be one of the following: 7/8 crown, 3/4
crown, or full crown, including porcelain fused to metal. Alginate
impression materials alone shall not be acceptable:
(1) Cord retraction of gingiva for impression procedures.
(2) Take a final impression for a permanent indirect restoration.
(b) Successful completion of two of the following procedures on a
simulated patient head mounted in appropriate position and
accommodating an articulated typodont in an enclosed intraoral
environment, or mounted on a dental chair in a dental operatory:
(1) Place, condense, and carve an amalgam restoration.
(2) Place and contour a nonmetallic direct restoration.
(3) Polish and contour an existing amalgam restoration.
1753.5. (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 as specified in and limited by Section 1752.4,
and those duties that the board may prescribe by regulation.
(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) Conduct preliminary evaluation of the patient's oral health,
including, but not limited to, charting, intraoral and extra-oral
evaluation of soft tissue, classifying occlusion, and myofunctional
evaluation.
(2) Perform oral health assessments in school-based, community
health project settings under the direction of a dentist, registered
dental hygienist, or registered dental hygienist in alternative
practice.
(3) Cord retraction of gingiva for impression procedures.
(4) Size and fit endodontic master points and accessory points.
(5) Cement endodontic master points and accessory points.
(6) Take final impressions for permanent indirect restorations.
(7) Take final impressions for tooth-borne removable prosthesis.
(8) Polish and contour existing amalgam restorations.
(9) Place, contour, finish, and adjust all direct restorations.
(10) Adjust and cement permanent indirect restorations.
(11) Other procedures authorized by regulations adopted by the
board.
(c) All procedures required to be performed under direct
supervision shall be checked and approved by the supervising licensed
dentist prior to the patient's dismissal from the office.
1753.6. (a) Each person who holds a license as a registered dental
assistant in extended functions on the operative date of this section
may only perform those procedures that a registered dental assistant
is allowed to perform as specified in and limited by Section 1752.4,
and the procedures specified in paragraphs (1) to (6), inclusive,
until he or she provides evidence of having completed a
board-approved course in the additional procedures specified in
paragraphs (1), (2), (5), and (7) to (11), inclusive, of subdivision
(b) of Section 1753.5, and an examination as specified in Section
1753.4:
(1) Cord retraction of gingiva for impression procedures.
(2) Take final impressions for permanent indirect restorations.
(3) Formulate indirect patterns for endodontic post and core
castings.
(4) Fit trial endodontic filling points.
(5) Apply pit and fissure sealants.
(6) Remove excess cement from subgingival tooth surfaces with a
hand instrument.
(b) This section shall become operative on January 1, 2010.
1753.7. (a) A licensed dentist may simultaneously utilize in his or
her practice no more than three registered dental assistants in
extended functions or registered dental hygienists in extended
functions licensed pursuant to Section 1753 or 1918.
(b) This section shall become operative on January 1, 2010.
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, registered dental assistant, or registered
dental assistant in extended functions acting in accordance with the
provisions of this chapter.
(c) A registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions licensed in another jurisdiction performing a clinical
demonstration for educational purposes.
1767. The board shall adopt regulations necessary to implement the
provisions of this article.
1771. Any person, other than a person who has been issued a license
or permit by the board, who holds himself or herself out as a
registered dental assistant, orthodontic assistant permitholder,
dental sedation assistant permitholder, or registered dental
assistant in extended functions, or uses any other term indicating or
implying he or she is licensed or permitted by the board as such, 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, the following
shall apply:
(a) A dental assistant, registered dental assistant, or registered
dental assistant in extended functions may perform any extraoral
duty under the direct supervision of a registered dental hygienist or
registered dental hygienist in alternative practice.
(b) 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:
(1) Coronal polishing.
(2) Application of topical fluoride.
(3) Application of sealants, after providing evidence to the board
of having completed a board-approved course in that procedure.