SECTIONS 1600-1621 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1600-1621

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 remain in effect only until January 1,
2012, and as of that date, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
that date. 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 remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date. The repeal of this section renders the board subject to
the review required by Division 1.2 (commencing with Section 473).

1601.2. Protection of the public shall be the highest priority for
the Dental Board of California 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.

1601.3. (a) All committees of the board have the authority to
evaluate all suggestions or requests for regulatory changes related
to their committee. Committees 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 committees
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.
(b) No part of this section shall restrict the Dental Hygiene
Committee of California from adopting, amending, or revoking
regulations authorized by Article 9 (commencing with Section 1900).

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 remain in effect only until January 1,
2012, and as of that date, is repealed, unless a later enacted
statute that is enacted before January 1, 2012, deletes or extends
that date.

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 remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date..

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 remain in effect only until January 1,
2012, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2012, deletes or extends
that date.

1616.6. There is hereby established within the board a full-time
management level staff position, under the direction of the executive
officer, whose sole responsibilities shall be the management of
matters related to dental assisting, including, but not limited to,
education, examination, licensure, and enforcement.

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.

1620.1. The Department of Consumer Affairs, in conjunction with the
board and the Joint Committee on Boards, Commissions, and Consumer
Protection, 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 dental assistant
categories licensed under this chapter.
(b) Practice as a licensed dentist or in a licensure category
described in subdivision (a) 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.