SECTIONS 1900-1966.6 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 1900-1966.6

1900. It is the intent of the Legislature by enactment of this
article to permit the full utilization of registered dental
hygienists, registered dental hygienists in alternative practice, and
registered dental hygienists in extended functions in order to meet
the dental care needs of all of the state's citizens.

1901. There is hereby created within the jurisdiction of the Dental
Board of California a Dental Hygiene Committee of California in
which the administration of this article is vested.

1902. For purposes of this article, the following definitions
apply:
(a) "Committee" means the Dental Hygiene Committee of California.
(b) "Dental board" means the Dental Board of California.
(c) "Direct supervision" means the supervision of dental
procedures based on instructions given by a licensed dentist who is
required to be physically present in the treatment facility during
the performance of those procedures.
(d) "General supervision" means the supervision of dental
procedures based on instructions given by a licensed dentist who is
not required to be physically present in the treatment facility
during the performance of those procedures.
(e) "Oral prophylaxis" means preventive and therapeutic dental
procedures that include bacterial debridements with complete removal,
supra and subgingivally, of calculus, soft deposits, plaque, and
stains, and the smoothing of tooth surfaces. The objective of this
treatment is to create an environment in which the patient can
maintain healthy hard and soft tissues.

1903. (a) (1) The committee shall consist of nine members appointed
by the Governor. Four shall be public members, one member shall be a
practicing general or public health dentist who holds a current
license in California, and four members shall be registered dental
hygienists who hold current licenses in California. Of the registered
dental hygienists members, one shall be licensed either in
alternative practice or in extended functions, one shall be a dental
hygiene educator, and two shall be registered dental hygienists. No
public member shall have been licensed under this chapter within five
years of the date of his or her appointment or have any current
financial interest in a dental-related business.
(2) For purposes of this subdivision, a public health dentist is a
dentist whose primary employer or place of employment is in any of
the following:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(b) Except for the initial term, members of the committee shall be
appointed for a term of four years. All of the terms for the initial
appointments shall expire on December 31, 2011.
(c) The committee shall elect a president, a vice president, and a
secretary from its membership.
(d) No person shall serve as a member of the committee for more
than two consecutive terms.
(e) A vacancy in the committee shall be filled by appointment to
the unexpired term.
(f) Each member of the committee shall receive a per diem and
expenses as provided in Section 103.
(g) The Governor shall have the power to remove any member from
the committee for neglect of a duty required by law, for
incompetence, or for unprofessional or dishonorable conduct.
(h) The committee, 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 committee and vested in him or her by this
article.

1904. The committee shall meet at least two times each calendar
year and shall conduct additional meetings in appropriate locations
that are necessary to transact its business.

1905. (a) The committee shall perform the following functions:
(1) Evaluate all registered dental hygienist, registered dental
hygienist in alternative practice, and registered dental hygienist in
extended functions educational programs that apply for approval and
grant or deny approval of those applications in accordance with
regulations adopted by the committee. Any such educational programs
approved by the dental board on or before June 30, 2009, shall be
deemed approved by the committee. Any dental hygiene program
accredited and in good standing by the Commission on Dental
Accreditation shall be approved.
(2) Withdraw or revoke its prior approval of a registered dental
hygienist, registered dental hygienist in alternative practice, or
registered dental hygienist in extended functions educational program
in accordance with regulations adopted by the committee. The
committee may withdraw or revoke a dental hygiene program approval if
the program has been placed on probationary status by the Commission
on Dental Accreditation.
(3) Review and evaluate all registered dental hygienist,
registered dental hygienist in alternative practice, and registered
dental hygienist in extended functions applications for licensure to
ascertain whether the applicant meets the appropriate licensing
requirements specified by statute and regulations, maintain
application records, cashier application fees, issue and renew
licenses, and perform any other tasks that are incidental to the
application and licensure processes.
(4) Determine the appropriate type of license examination
consistent with the provisions of this article, and develop or cause
to be developed and administer examinations in accordance with
regulations adopted by the committee.
(5) Determine the amount of fees assessed under this article, not
to exceed the actual cost.
(6) Determine and enforce the continuing education requirements
specified in this article.
(A) (i) If the committee determines that the public health and
safety would be served by requiring all holders of licenses under
this chapter to continue their education after receiving a license,
it may require, as a condition to the renewal thereof, that a
licensee submit assurances satisfactory to the committee that he or
she will, during the succeeding two-year period, inform himself or
herself of the developments in the practice of dental hygiene
occurring since the original issuance of his or her license by
pursuing one or more courses of study satisfactory to the committee
or by other means deemed equivalent by the committee.
(ii) The committee shall adopt, amend, and revoke regulations
providing for the suspension of a license at the end of the two-year
period until compliance with the assurances provided for in this
section is accomplished.
(B) The committee may also, as a condition of license renewal,
require licensees to successfully complete a portion of the required
continuing education hours in specific areas adopted in regulations
by the committee. The committee may prescribe this mandatory
coursework within the general areas of patient care, health and
safety, and law and ethics. The mandatory coursework prescribed by
the committee shall not exceed seven and one-half hours per renewal
period for dental hygienists, registered dental hygienists in
alternative practice, and registered dental hygienists in extended
functions. Any mandatory coursework required by the committee shall
be credited toward the continuing education requirements established
by the committee pursuant to subparagraph (A).
(7) Deny, suspend, or revoke a license under this article, or
otherwise enforce the provisions of this article. Any such
proceedings shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the committee shall have all of the powers
granted therein.
(8) Make recommendations to the board regarding scope of practice
issues.
(9) Adopt, amend, and revoke rules and regulations to implement
the provisions of this article, including the amount of required
supervision by a registered dental hygienist, a registered dental
hygienist in alternative practice, or a registered dental hygienist
in extended functions of a registered dental assistant.
(b) The committee may employ employees and examiners that it deems
necessary to carry out its functions and responsibilities under this
article.

1905.1. Until January 1, 2010, the committee may contract with the
dental board to carry out any of the provisions of this article. On
and after January 1, 2010, the committee may contract with the dental
board to perform investigations of applicants and licensees under
this article.

1905.2. 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, which shall be provided by the board within 30 days
of the request.

1906. (a) The committee shall adopt, amend, and revoke regulations
to implement the requirements of this article.
(b) All regulations adopted by the committee shall comply with the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code.
(c) No regulation adopted by the committee shall impose a
requirement or a prohibition directly upon a licensed dentist or on
the administration of a dental office, unless specifically authorized
by this article.
(d) Unless contrary to the provisions of this article, regulations
adopted by the dental board shall continue to apply to registered
dental hygienists, registered dental hygienists in alternative
practice, and registered dental hygienists in extended functions
until other regulations are adopted by the committee. All references
in those regulations to "board" shall mean the committee, which shall
solely enforce the regulations with respect to registered dental
hygienists, registered dental hygienists in alternative practice, and
registered dental hygienists in extended functions.

1907. The following functions may be performed by a registered
dental hygienist, in addition to those authorized pursuant to
Sections 1908 to 1914, inclusive:
(a) All functions that may be performed by a registered dental
assistant.
(b) All persons holding a license as a registered dental
hygienist, registered dental hygienist in alternative practice, or
registered dental hygienist in extended functions as of December 31,
2005, are authorized to perform the duties of a registered dental
assistant specified in this chapter. All persons issued a license as
a registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions on or after January 1, 2006, shall qualify for and receive
a registered dental assistant license prior to performance of the
duties of a registered dental assistant specified in this chapter.

1908. (a) The practice of dental hygiene includes dental hygiene
assessment and development, planning, and implementation of a dental
hygiene care plan. It also includes oral health education,
counseling, and health screenings.
(b) The practice of dental hygiene does not include any of the
following procedures:
(1) Diagnosis and comprehensive treatment planning.
(2) Placing, condensing, carving, or removal of permanent
restorations.
(3) Surgery or cutting on hard and soft tissue including, but not
limited to, the removal of teeth and the cutting and suturing of soft
tissue.
(4) Prescribing medication.
(5) Administering local or general anesthesia or oral or
parenteral conscious sedation, except for the administration of
nitrous oxide and oxygen, whether administered alone or in
combination with each other, or local anesthesia pursuant to Section
1909.

1909. A registered dental hygienist is authorized to perform the
following procedures under direct supervision of a licensed dentist,
after submitting to the committee evidence of satisfactory completion
of a course of instruction, approved by the committee, in the
procedures:
(a) Soft-tissue curettage.
(b) Administration of local anesthesia.
(c) Administration of nitrous oxide and oxygen, whether
administered alone or in combination with each other.

1909.5. Courses of instruction for direct supervision duties added
to the scope of practice of dental hygiene on or after July 1, 2009,
shall be submitted by the committee for approval by the dental board.

1910. A registered dental hygienist is authorized to perform the
following procedures under general supervision:
(a) Preventive and therapeutic interventions, including oral
prophylaxis, scaling, and root planing.
(b) Application of topical, therapeutic, and subgingival agents
used for the control of caries and periodontal disease.
(c) The taking of impressions for bleaching trays and application
and activation of agents with nonlaser, light-curing devices.
(d) The taking of impressions for bleaching trays and placements
of in-office, tooth-whitening devices.

1911. (a) A registered dental hygienist may provide, without
supervision, educational services, oral health training programs, and
oral health screenings.
(b) A registered dental hygienist shall refer any screened
patients with possible oral abnormalities to a dentist for a
comprehensive examination, diagnosis, and treatment plan.
(c) In any public health program created by federal, state, or
local law or administered by a federal, state, county, or local
governmental entity, a registered dental hygienist may provide,
without supervision, dental hygiene preventive services in addition
to oral screenings, including, but not limited to, the application of
fluorides and pit and fissure sealants. A registered dental
hygienist employed as described in this subdivision may submit, or
allow to be submitted, any insurance or third-party claims for
patient services performed as authorized in this article.

1912. Any procedure performed or service provided by a registered
dental hygienist that does not specifically require direct
supervision shall require general supervision, so long as it does not
give rise to a situation in the dentist's office requiring immediate
services for alleviation of severe pain, or immediate diagnosis and
treatment of unforeseeable dental conditions that, if not immediately
diagnosed and treated, would lead to serious disability or death.

1913. Unless otherwise specified in this chapter, a registered
dental hygienist may perform any procedure or provide any service
within the scope of his or her practice in any setting, so long as
the procedure is performed or the service is provided under the
appropriate level of supervision required by this article.

1914. A registered dental hygienist may use any material or device
approved for use in the performance of a service or procedure within
his or her scope of practice under the appropriate level of
supervision, if he or she has the appropriate education and training
required to use the material or device.

1915. No person other than a registered dental hygienist,
registered dental hygienist in alternative functions, or registered
dental hygienist in extended functions or a licensed dentist may
engage in the practice of dental hygiene or perform dental hygiene
procedures on patients, including, but not limited to, supragingival
and subgingival scaling, dental hygiene assessment, and treatment
planning, except for the following persons:
(a) A student enrolled in a dental or a dental hygiene school who
is performing procedures as part of the regular curriculum of that
program under the supervision of the faculty of that program.
(b) A dental assistant acting in accordance with the rules of the
dental board in performing the following procedures:
(1) Applying nonaerosol and noncaustic topical agents.
(2) Applying topical fluoride.
(3) Taking impressions for bleaching trays.
(c) A registered dental assistant acting in accordance with the
rules of the dental board in performing the following procedures:
(1) Polishing the coronal surfaces of teeth.
(2) Applying bleaching agents.
(3) Activating bleaching agents with a nonlaser light-curing
device.
(4) Applying pit and fissure sealant.
(d) A registered dental assistant in extended functions acting in
accordance with the rules of the dental board in applying pit and
fissure sealants.
(e) 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.

1916. (a) An applicant for licensure under this article shall
furnish fingerprint images for submission to state and federal
criminal justice agencies, including, but not limited to, the Federal
Bureau of Investigation, in order to establish the identity of the
applicant and for the other purposes described in this section.
(b) The committee shall submit the fingerprint images to the
Department of Justice for the purposes of obtaining criminal offender
record information regarding state and federal level convictions and
arrests, including arrests for which the Department of Justice
establishes that the person is free on bail or on his or her own
recognizance pending trial or appeal.
(c) When received, the Department of Justice shall forward to the
Federal Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
Department of Justice shall review the information returned from the
Federal Bureau of Investigation and compile and disseminate the
response to the committee.
(d) The Department of Justice shall provide a response to the
committee pursuant to subdivision (p) of Section 11105 of the Penal
Code.
(e) The committee shall request from the Department of Justice
subsequent arrest notification service, as provided pursuant to
Section 11105.2 of the Penal Code.
(f) The information obtained as a result of the fingerprinting
shall be used in accordance with Section 11105 of the Penal Code, and
to determine whether the applicant is subject to denial of licensure
pursuant to Division 1.5 (commencing with Section 475) or Section
1628.5.
(g) The Department of Justice shall charge a fee sufficient to
cover the cost of processing the request described in this section.

1917. The committee 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 committee, accredited by the Commission
on Dental Accreditation, and conducted by a degree-granting,
postsecondary institution.
(b) Satisfactory performance on the state clinical examination, or
satisfactory completion of the dental hygiene examination given by
the Western Regional Examining Board or any other clinical dental
hygiene examination approved by the committee.
(c) Satisfactory completion of the National Dental Hygiene Board
examination.
(d) Satisfactory completion of the examination in California law
and ethics as prescribed by the committee.

1917.1. (a) The committee may grant a license as a registered
dental hygienist to an applicant who has not taken a clinical
examination before the committee, if the applicant submits all of the
following to the committee:
(1) A completed application form and all fees required by the
committee.
(2) Proof of a current license as a registered dental hygienist
issued by another state that is not revoked, suspended, or otherwise
restricted.
(3) Proof that the applicant has been in clinical practice as a
registered dental hygienist or has been a full-time faculty member in
an accredited dental hygiene education program for a minimum of 750
hours per year for at least five years preceding the date of his or
her application under this section. The clinical practice requirement
shall be deemed met if the applicant provides proof of at least
three years of clinical practice and commits to completing the
remaining two years of clinical practice by filing with the committee
a copy of a pending contract to practice dental hygiene in any of
the following facilities:
(A) A primary care clinic licensed under subdivision (a) of
Section 1204 of the Health and Safety Code.
(B) A primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code.
(C) A clinic owned or operated by a public hospital or health
system.
(D) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
(4) Satisfactory performance on a California law and ethics
examination and any examination that may be required by the
committee.
(5) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed as a registered dental hygienist or dentist. If the
applicant has been subject to disciplinary action, the committee
shall review that action to determine if it warrants refusal to issue
a license to the applicant.
(6) Proof of graduation from a school of dental hygiene accredited
by the Commission on Dental Accreditation.
(7) Proof of satisfactory completion of the Dental Hygiene
National Board Examination and of a state or regional clinical
licensure examination.
(8) Proof that the applicant has not failed the examination for
licensure to practice dental hygiene under this chapter more than
once or once within five years prior to the date of his or her
application for a license under this section.
(9) Documentation of completion of a minimum of 25 units of
continuing education earned in the two years preceding application,
including completion of any continuing education requirements imposed
by the committee on registered dental hygienists licensed in this
state at the time of application.
(10) Any other information as specified by the committee to the
extent that it is required of applicants for licensure by examination
under this article.
(b) The committee may periodically request verification of
compliance with the requirements of paragraph (3) of subdivision (a),
and may revoke the license upon a finding that the employment
requirement or any other requirement of paragraph (3) of subdivision
(a) has not been met.
(c) The committee shall provide in the application packet to each
out-of-state dental hygienist pursuant to this section the following
information:
(1) The location of dental manpower shortage areas in the state.
(2) Any not-for-profit clinics, public hospitals, and accredited
dental hygiene education programs seeking to contract with licensees
for dental hygiene service delivery or training purposes.
(d) The committee shall review the impact of this section on the
availability of actively practicing registered dental hygienists in
California and report to the appropriate policy and fiscal committees
of the Legislature by January 1, 2012. The report shall include a
separate section providing data specific to registered dental
hygienists who intend to fulfill the alternative clinical practice
requirements of subdivision (a). The report shall include, but shall
not be limited to, the following:
(1) The number of applicants from other states who have sought
licensure.
(2) The number of registered dental hygienists from other states
licensed pursuant to this section, the number of licenses not
granted, and the reason why the license was not granted.
(3) The practice location of registered dental hygienists licensed
pursuant to this section. In identifying a registered dental
hygienist's location of practice, the committee shall use medical
service study areas or other appropriate geographic descriptions for
regions of the state.
(4) The number of registered dental hygienists licensed pursuant
to this section who establish a practice in a rural area or in an
area designated as having a shortage of practicing registered dental
hygienists or no registered dental hygienists or in a safety net
facility identified in paragraph (3) of subdivision (a).
(5) The length of time registered dental hygienists licensed
pursuant to this section practiced in the reported location.

1917.2. (a) The committee shall license as a registered dental
hygienist a third- or fourth-year dental student who is in good
standing at an accredited California dental school and who satisfies
the following requirements:
(1) Satisfactorily performs on a clinical examination and an
examination in California law and ethics as prescribed by the
committee.
(2) Satisfactorily completes a national written dental hygiene
examination approved by the committee.
(b) A dental student who is granted a registered dental hygienist
license pursuant to this section may only practice in a dental
practice that serves patients who are insured under Denti-Cal, the
Healthy Families Program, or other government programs, or a dental
practice that has a sliding scale fee system based on income.
(c) Upon receipt of a license to practice dentistry pursuant to
Section 1634, a registered dental hygienist license issued pursuant
to this subdivision is automatically revoked.
(d) The dental hygienist license is granted for two years upon
passage of the dental hygiene examination, without the ability for
renewal.
(e) Notwithstanding subdivision (d), if a dental student fails to
remain in good standing at an accredited California dental school, or
fails to graduate from the dental program, a registered dental
hygienist license issued pursuant to this section shall be revoked.
The student shall be responsible for submitting appropriate verifying
documentation to the committee.
(f) The provisions of this section shall be reviewed pursuant to
Division 1.2 (commencing with Section 473). However, the review shall
be limited to the fiscal feasibility and impact on the committee.
(g) This section shall become inoperative as of January 1, 2012.

1918. The committee shall license as a registered dental hygienist
in extended functions a person who meets all of the following
requirements:
(a) Holds a current license as a registered dental hygienist in
California.
(b) Completes clinical training approved by the committee in a
facility affiliated with a dental school under the direct supervision
of the dental school faculty.
(c) Performs satisfactorily on an examination required by the
committee.

1920. (a) A person who holds a current and active license as a
registered dental hygienist in extended functions or a registered
dental hygienist in alternative practice on July 1, 2009, shall
automatically be issued a license as a registered dental hygienist,
unless the person holds a current and active registered dental
hygienist license.
(b) A registered dental hygienist license issued pursuant to this
section shall expire on the same date as the person's registered
dental hygienist, registered dental hygienist in alternative
practice, or registered dental hygienist in extended functions
license, and shall be subject to the same renewal and other
requirements imposed by law or regulation on a license.

1921. In addition to any other duties or functions authorized by
law, a registered dental hygienist in extended functions or a
registered dental hygienist in alternative practice may perform any
of the duties or functions authorized to be performed by a registered
dental hygienist.

1922. The committee shall license as a registered dental hygienist
in alternative practice a person who demonstrates satisfactory
performance on an examination in California law and ethics required
by the committee and who meets either of the following requirements:
(a) Holds a current California license as a registered dental
hygienist and meets the following requirements:
(1) Has been engaged in the practice of dental hygiene, as defined
in Section 1908, as a registered dental hygienist in any setting,
including, but not limited to, educational settings and public health
settings, for a minimum of 2,000 hours during the immediately
preceding 36 months.
(2) 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 committee 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.
(b) 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.

1924. 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 1922, 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 Sections 1922, 1925, 1926, 1927, 1928,
1930, and 1931, and subdivision (b) of Section 1929, 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.

1925. A registered dental hygienist in alternative practice may
practice, pursuant to subdivision (a) of Section 1907, subdivision
(a) of Section 1908, and subdivisions (a) and (b) of Section 1910, as
an employee of a dentist or of another registered dental hygienist
in alternative practice, as an independent contractor, as a sole
proprietor of an alternative dental hygiene practice, as an employee
of a primary care clinic or specialty clinic that is licensed
pursuant to Section 1204 of the Health and Safety Code, as an
employee of a primary care clinic exempt from licensure pursuant to
subdivision (c) of Section 1206 of the Health and Safety Code, 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.

1926. A registered dental hygienist in alternative practice may
perform the duties authorized pursuant to subdivision (a) of Section
1907, subdivision (a) of Section 1908, and subdivisions (a) and (b)
of Section 1910 in the following settings:
(a) Residences of the homebound.
(b) Schools.
(c) Residential facilities and other institutions.
(d) Dental health professional shortage areas, as certified by the
Office of Statewide Health Planning and Development in accordance
with existing office guidelines.

1927. A registered dental hygienist in alternative practice shall
not do any of the following:
(a) 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.
(b) Hire a registered dental hygienist to provide direct patient
services other than a registered dental hygienist in alternative
practice.

1928. 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.

1929. (a) A registered dental hygienist in alternative practice may
hire other registered dental hygienists in alternative practice to
assist in his or her practice.
(b) A registered dental hygienist in alternative practice may hire
and supervise dental assistants performing intraoral retraction and
suctioning.

1930. A registered dental hygienist in alternative practice shall
provide to the committee documentation of an existing relationship
with at least one dentist for referral, consultation, and emergency
services.

1931. (a) (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 the 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 (b). Failure to comply with this
paragraph or subdivision (b) shall be considered unprofessional
conduct.
(b) A registered dental hygienist in alternative practice may
provide dental hygiene services for a patient who presents to the
registered dental 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 it was issued.
(c) The committee shall seek to obtain an injunction against any
registered dental hygienist in alternative practice who provides
services pursuant to this section, if the committee 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.

1932. (a) The committee may, in its sole discretion, issue a
probationary license to an applicant who has satisfied all
requirements for licensure as a registered dental hygienist, a
registered dental hygienist in alternative practice, or a registered
dental hygienist in extended functions. The committee may require, as
a term or condition of issuing the probationary license, that the
applicant comply with certain additional requirements, including, but
not limited to, the following:
(1) Successfully completing a professional competency examination.
(2) Submitting to a medical or psychological evaluation.
(3) Submitting to continuing medical or psychological treatment.
(4) Abstaining from the use of alcohol or drugs.
(5) Submitting to random fluid testing for alcohol or controlled
substance abuse.
(6) Submitting to continuing participation in a committee-approved
rehabilitation program.
(7) Restricting the type or circumstances of practice.
(8) Submitting to continuing education and coursework.
(9) Complying with requirements regarding notifying the committee
of any change of employer or employment.
(10) Complying with probation monitoring.
(11) Complying with all laws and regulations governing the
practice of dental hygiene.
(12) Limiting his or her practice to a supervised, structured
environment in which his or her activities are supervised by a
specified person.
(b) The term of a probationary license is three years. During the
term of the license, the licensee may petition the committee for a
modification of a term or condition of the license or for the
issuance of a license that is not probationary.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the committee
shall have all the powers granted in that chapter.

1933. A licensee shall be issued a substitute license upon request
and payment of the required fee. The request shall be accompanied by
an affidavit or declaration containing satisfactory evidence of the
loss or destruction of the license certificate.

1934. A licensee who changes his or her address of record shall
notify the committee within 30 days of the change. A licensee who
changes his or her legal name shall provide the committee with
documentation of the change within 10 days.

1935. If not renewed, a license issued under the provisions of this
article, unless specifically excepted, expires at 12 midnight on the
last day of the month of the legal birth date of the licensee during
the second year of a two-year term. To renew an unexpired license,
the licensee shall, before the time at which the license would
otherwise expire, apply for renewal on a form prescribed by the
committee and pay the renewal fee prescribed by this article.

1936. Except as otherwise provided in this article, an expired
license may be renewed at any time within five years after its
expiration by filing an application for renewal on a form prescribed
by the committee and payment of all accrued renewal and delinquency
fees. If the license is renewed after its expiration, the licensee,
as a condition precedent of renewal, shall also pay the delinquency
fee prescribed by this article. Renewal under this section shall be
effective on the date on which the application is filed, on the date
on which the renewal fee is paid, or on the date on which the
delinquency fee, if any, is paid, whichever last occurs. If so
renewed, the license shall continue in effect until the expiration
date provided in Section 1935 that next occurs after the effective
date of the renewal.

1936.1. (a) If the committee determines that the public health and
safety would be served by requiring all holders of licenses under
this article to continue their education after receiving a license,
the committee may require, as a condition of license renewal, that
licensees submit assurances satisfactory to the committee that they
will, during the succeeding two-year period, inform themselves of the
developments in the practice of dental hygiene occurring since the
original issuance of their licenses by pursuing one or more courses
of study satisfactory to the committee, or by other means deemed
equivalent by the committee. The committee shall adopt, amend, and
revoke regulations providing for the suspension of the licenses at
the end of the two-year period until compliance with the assurances
provided for in this section is accomplished.
(b) The committee may also, as a condition of license renewal,
require licensees to successfully complete a portion of the required
continuing education hours in specific areas adopted in regulations
by the committee. The committee may prescribe this mandatory
coursework within the general areas of patient care, health and
safety, and law and ethics. The mandatory coursework prescribed by
the committee shall not exceed seven and one-half hours per renewal
period. Any mandatory coursework required by the committee shall be
credited toward the continuing education requirements established by
the committee pursuant to subdivision (a).
(c) The providers of courses referred to in this section shall be
approved by the committee. Providers approved by the dental board
shall be deemed approved by the committee.

1937. A suspended license is subject to expiration and shall be
renewed as provided in this article. The renewal does not entitle the
licensee, while the license remains suspended and until it is
reinstated, to engage in the licensed activity or in any other
activity or conduct in violation of the order or judgment by which
the license was suspended.

1938. A revoked license is subject to expiration as provided in
this article. A revoked license may not be renewed. If it is
reinstated after its expiration, the licensee, as a condition
precedent to its reinstatement, shall pay a reinstatement fee in an
amount equal to the renewal fee in effect on the last regular renewal
date before the date on which it is reinstated and the delinquency
fee, if any, accrued at the time of its revocation.

1939. A license that is not renewed within five years after its
expiration may not be renewed, restored, reinstated, or reissued. The
holder of the license may apply for and obtain a new license upon
meeting all of the requirements of a new applicant prescribed in this
article.

1940. (a) A licensee who desires an inactive license shall submit
an application to the committee on a form provided by the committee.
(b) In order to restore an inactive license to active status, the
licensee shall submit an application to the committee on a form
provided by the committee, accompanied by evidence that the licensee
has completed the required number of hours of approved continuing
education in compliance with this article within the last two years
preceding the date of the application.
(c) The holder of an inactive license shall continue to pay to the
committee the required biennial renewal fee.
(d) Within 30 days of receiving a request either to restore an
inactive license or to inactivate a license, the committee shall
inform the applicant in writing whether the application is complete
and accepted for filing or is deficient and, if so, the specific
information required to complete the application.

1941. It is the intent of this article that the committee grant or
renew approval of only those educational programs for a registered
dental hygienist, a registered dental hygienist in alternative
practice, or a registered dental hygienist in extended functions that
continuously maintain a high quality standard of instruction.

1943. (a) The committee may deny an application to take an
examination for licensure as a registered dental hygienist, a
registered dental hygienist in alternative practice, or a registered
dental hygienist in extended functions at any time prior to licensure
for any of the following reasons:
(1) The applicant committed an act that is a ground for license
suspension or revocation under this code or that is a ground for the
denial of licensure under Section 480.
(2) The applicant committed or aided and abetted the commission of
any act for which a license is required under this chapter.
(3) Another state or territory suspended or revoked the license
that it had issued to the applicant on a ground that constitutes a
basis in this state for the suspension or revocation of licensure
under this article.
(b) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the committee
shall have all of the powers granted therein.

1944. (a) The committee shall establish by resolution the amount of
the fees that relate to the licensing of a registered dental
hygienist, a registered dental hygienist in alternative practice, and
a registered dental hygienist in extended functions. The fees
established by board resolution in effect on June 30, 2009, as they
relate to the licensure of registered dental hygienists, registered
dental hygienists in alternative practice, and registered dental
hygienists in extended functions, shall remain in effect until
modified by the committee. The fees are subject to the following
limitations:
(1) The application fee for an original license shall not exceed
twenty dollars ($20). On and after January 1, 2010, the application
fee for an original license shall not exceed fifty dollars ($50).
(2) The fee for examination for licensure as a registered dental
hygienist shall not exceed the actual cost of the examination.
(3) For third- and fourth-year dental students, the fee for
examination for licensure as a registered dental hygienist shall not
exceed the actual cost of the examination.
(4) The fee for examination for licensure as a registered dental
hygienist in extended functions shall not exceed the actual cost of
the examination.
(5) The fee for examination for licensure as a registered dental
hygienist in alternative practice shall not exceed the actual cost of
administering the examination.
(6) The biennial renewal fee shall not exceed eighty dollars
($80).
(7) The delinquency fee shall not exceed twenty-five dollars ($25)
or one-half of the renewal fee, whichever is greater. Any delinquent
license may be restored only upon payment of all fees, including the
delinquency fee, and compliance with all other applicable
requirements of this article.
(8) The fee for issuance of a duplicate license to replace one
that is lost or destroyed, or in the event of a name change, shall
not exceed twenty-five dollars ($25) or one-half of the renewal fee,
whichever is greater.
(9) The fee for each curriculum review and site evaluation for
educational programs for dental hygienists that are not accredited by
a committee-approved agency, the Council for Private Postsecondary
and Vocational Education, or the Chancellor's office of the
California Community Colleges shall not exceed one thousand four
hundred dollars ($1,400).
(10) The fee for each review of courses required for licensure
that are not accredited by a committee-approved agency, the Council
for Private Postsecondary and Vocational Education, or the Chancellor'
s office of the California Community Colleges shall not exceed three
hundred dollars ($300).
(11) The fee for a provider of continuing education shall not
exceed five hundred dollars ($500) per year.
(12) The amount of fees payable in connection with permits issued
under Section 1962 is as follows:
(A) The initial permit fee is an amount equal to the renewal fee
for the applicant's license to practice dental hygiene in effect on
the last regular renewal date before the date on which the permit is
issued.
(B) If the permit will expire less than one year after its
issuance, then the initial permit fee is an amount equal to 50
percent of the renewal fee in effect on the last regular renewal date
before the date on which the permit is issued.
(b) The renewal and delinquency fees shall be fixed by the
committee at not more than the current amount of the renewal fee for
a license to practice under this article nor less than five dollars
($5).
(c) Fees fixed by the committee pursuant to this section shall not
be subject to the approval of the Office of Administrative Law.
(d) Fees collected pursuant to this section shall be collected by
the committee and deposited into the State Dental Hygiene Fund, which
is hereby created. All money in this fund shall, upon appropriation
by the Legislature in the annual Budget Act, be used to implement the
provisions of this article.
(e) No fees or charges other than those listed in this section
shall be levied by the committee in connection with the licensure of
registered dental hygienists, registered dental hygienists in
alternative practice, or registered dental hygienists in extended
functions.

1945. On July 1, 2009, a percentage of the funds in the State
Dental Auxiliary Fund shall be transferred to the State Dental
Hygiene Fund based on the number of registered dental hygienists,
registered hygienists in alternative practice, and registered dental
hygienists in extended functions licensed on June 30, 2009, compared
to all dental auxiliaries licensed by the Committee on Dental
Auxiliaries on June 30, 2009. The board's authority to expend those
funds, as appropriated in the 2008 Budget Act, shall be vested in the
committee to carry out the provisions of this chapter as they relate
to dental hygienists for the 2008-09 fiscal year, including the
payment of any encumbrances related to dental hygienists, dental
hygienists in alternative practice, and dental hygienists in extended
functions incurred by the State Dental Auxiliary Fund. The remainder
of the funds in the State Dental Auxiliary Fund shall be transferred
to the State Dental Assistant Fund pursuant to Section 1721.5.

1947. A license issued under this article and a license issued
under this chapter to a registered dental hygienist, to a registered
dental hygienist in alternative practice, or to a registered dental
hygienist in extended functions may be revoked or suspended by the
committee for any reason specified in this article for the suspension
or revocation of a license to practice dental hygiene.

1949. A licensee may have his or her license revoked or suspended,
or may be reprimanded or placed on probation by the committee for
unprofessional conduct, incompetence, gross negligence, repeated acts
of negligence in his or her profession, receiving a license by
mistake, or for any other cause applicable to the licentiate provided
in this article. The proceedings under this article shall be
conducted in accordance with Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the committee shall have all the powers granted therein.

1950. (a) A licensee may have his or her license revoked or
suspended, or may be reprimanded or placed on probation by the
committee, for conviction of a crime substantially related to the
licensee's qualifications, functions, or duties. The record of
conviction or a copy certified by the clerk of the court or by the
judge in whose court the conviction occurred shall be conclusive
evidence of conviction.
(b) The committee shall undertake proceedings under this section
upon the receipt of a certified copy of the record of conviction. A
plea or verdict of guilty or a conviction following a plea of nolo
contendere made to a charge of a felony or of any misdemeanor
substantially related to the licensee's qualifications, functions, or
duties is deemed to be a conviction within the meaning of this
section.
(c) The committee may order a license suspended or revoked, or may
decline to issue a license, when any of the following occur:
(1) The time for appeal has elapsed.
(2) The judgment of conviction has been affirmed on appeal.
(3) An order granting probation is made suspending the imposition
of sentence, irrespective of a subsequent order under any provision
of the Penal Code, including, but not limited to, Section 1203.4 of
the Penal Code, allowing a person to withdraw his or her plea of
guilty and to enter a plea of not guilty, or setting aside the
verdict of guilty, or dismissing the accusation, information, or
indictment.

1950.5. Unprofessional conduct by a person licensed under this
article is defined as, but is not limited to, any one of the
following:
(a) The obtaining of any fee by fraud or misrepresentation.
(b) The aiding or abetting of any unlicensed person to practice
dentistry.
(c) The aiding or abetting of a licensed person to practice
dentistry unlawfully.
(d) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dental hygiene.
(e) The use of any false, assumed, or fictitious name, either as
an individual, firm, corporation, or otherwise, or any name other
than the name under which he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section 1701.5.
(f) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms, prescriptions, or other services or articles supplied to
patients.
(g) The making use by the licensee or any agent of the licensee of
any advertising statements of a character tending to deceive or
mislead the public.
(h) The advertising of either professional superiority or the
advertising of performance of professional services in a superior
manner. This subdivision shall not prohibit advertising permitted by
subdivision (h) of Section 651.
(i) The employing or the making use of solicitors.
(j) Advertising in violation of Section 651.
(k) Advertising to guarantee any dental hygiene service, or to
perform any dental hygiene procedure painlessly. This subdivision
shall not prohibit advertising permitted by Section 651.
(l) The violation of any of the provisions of this division.
(m) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656.
(n) The clearly excessive administering of drugs or treatment, or
the clearly excessive use of treatment procedures, or the clearly
excessive use of treatment facilities, as determined by the customary
practice and standards of the dental hygiene profession.
Any person who violates this subdivision is guilty of a
misdemeanor and shall be punished by a fine of not less than one
hundred dollars ($100) or more than six hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(o) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(p) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds that would be the
basis of discipline in this state.
(q) The alteration of a patient's record with intent to deceive.
(r) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental hygiene profession.
(s) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another registered dental hygienist, registered dental hygienist
in alternative practice, or registered dental hygienist in extended
functions and provided the health of the patient is not jeopardized.
(t) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(u) Use of fraud in the procurement of any license issued pursuant
to this article.
(v) Any action or conduct that would have warranted the denial of
the license.
(w) The aiding or abetting of a registered dental hygienist,
registered dental hygienist in alternative practice, or registered
dental hygienist in extended functions to practice dental hygiene in
a negligent or incompetent manner.
(x) The failure to report to the committee in writing within seven
days any of the following: (1) the death of his or her patient
during the performance of any dental hygiene procedure; (2) the
discovery of the death of a patient whose death is related to a
dental hygiene procedure performed by him or her; or (3) except for a
scheduled hospitalization, the removal to a hospital or emergency
center for medical treatment for a period exceeding 24 hours of any
patient as a result of dental or dental hygiene treatment. Upon
receipt of a report pursuant to this subdivision, the committee may
conduct an inspection of the dental hygiene practice office if the
committee finds that it is necessary.
(y) A registered dental hygienist, registered dental hygienist in
alternative practice, or registered dental hygienist in extended
functions shall report to the committee all deaths occurring in his
or her practice with a copy sent to the dental board if the death
occurred while working as an employee in a dental office. A dentist
shall report to the dental board all deaths occurring in his or her
practice with a copy sent to the committee if the death was the
result of treatment by a registered dental hygienist, registered
dental hygienist in alternative practice, or registered dental
hygienist in extended functions.

1951. The committee may discipline a licensee by placing him or her
on probation under various terms and conditions that may include,
but are not limited to, the following:
(a) Requiring the licensee to obtain additional training or pass
an examination upon completion of training, or both. The examination
may be a written or oral examination, or both, and may be a practical
or clinical examination, or both, at the option of the committee.
(b) Requiring the licensee to submit to a complete diagnostic
examination by one or more physicians appointed by the committee, if
warranted by the physical or mental condition of the licensee. If the
committee requires the licensee to submit to an examination, the
committee shall receive and consider any other report of a complete
diagnostic examination given by one or more physicians of the
licensee's choice.
(c) Restricting or limiting the extent, scope, or type of practice
of the licensee.
(d) Requiring restitution of fees to the licensee's patients or
payers of services, unless restitution has already been made.
(e) Providing the option of alternative community service in lieu
of all or part of a period of suspension in cases other than
violations relating to quality of care.

1952. It is unprofessional conduct for a person licensed under this
article to do any of the following:
(a) Obtain or possess in violation of law, or except as directed
by a licensed physician and surgeon, dentist, or podiatrist, a
controlled substance, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code, or any dangerous drug
as defined in Section 4022.
(b) Use a controlled substance, as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or a
dangerous drug as defined in Section 4022, or alcoholic beverages or
other intoxicating substances, to an extent or in a manner dangerous
or injurious to himself or herself, to any person, or the public to
the extent that the use impairs the licensee's ability to conduct
with safety to the public the practice authorized by his or her
license.
(c) Be convicted of a charge of violating any federal statute or
rules, or any statute or rule of this state, regulating controlled
substances, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, or any dangerous drug, as defined in
Section 4022, or be convicted of more than one misdemeanor, or any
felony, involving the use or consumption of alcohol or drugs, if the
conviction is substantially related to the practice authorized by his
or her license. The record of conviction or a copy certified by the
clerk of the court or by the judge in whose court the conviction is
had, shall be conclusive evidence of a violation of this section. A
plea or verdict of guilty or a conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of this
section; the committee may order the license suspended or revoked, or
may decline to issue a license, when the time for appeal has elapsed
or the judgment of conviction has been affirmed on appeal, or when
an order granting probation is made suspending imposition of
sentence, irrespective of a subsequent order under any provision of
the Penal Code, including, but not limited to, Section 1203.4 of the
Penal Code, allowing a person to withdraw his or her plea of guilty
and to enter a plea of not guilty, or setting aside the verdict of
guilty, or dismissing the accusation, information, or indictment.

1953. (a) A registered dental hygienist, registered dental
hygienist in alternative practice, or registered dental hygienist in
extended functions who performs a service on a patient in a dental
office shall identify himself or herself in the patient record by
signing his or her name or identification number and initials next to
the service performed, and shall date those treatment entries in the
record.
(b) A repeated violation of this section constitutes
unprofessional conduct.

1954. (a) It is unprofessional conduct for a person licensed under
this article to perform, or hold himself or herself out as able to
perform, professional services beyond the scope of his or her license
and field of competence, as established by his or her education,
experience, and training. This includes, but is not limited to, using
an instrument or device in a manner that is not in accordance with
the customary standards and practices of the dental hygiene
profession.
(b) This section shall not apply to research conducted by
accredited dental schools or dental hygiene schools, or to research
conducted pursuant to an investigational device exemption issued by
the United States Food and Drug Administration.

1955. (a) (1) A licensee who fails or refuses to comply with a
request for a patient's dental hygiene records that is accompanied by
that patient's written authorization for release of the records to
the committee, within 15 days of receiving the request and
authorization, shall pay to the committee a civil penalty of two
hundred fifty dollars ($250) per day for each day that the documents
have not been produced after the 15th day, up to a maximum of five
thousand dollars ($5,000) unless the licensee is unable to provide
the documents within this time period for good cause.
(2) A health care facility shall comply with a request for the
dental hygiene records of a patient that is accompanied by that
patient's written authorization for release of records to the
committee together with a notice citing this section and describing
the penalties for failure to comply with this section. Failure to
provide the authorizing patient's dental hygiene records to the
committee within 30 days of receiving this request, authorization,
and notice shall subject the health care facility to a civil penalty,
payable to the committee, of up to two hundred fifty dollars ($250)
per day for each day that the documents have not been produced after
the 30th day, up to a maximum of five thousand dollars ($5,000),
unless the health care facility is unable to provide the documents
within this time period for good cause. This paragraph shall not
require health care facilities to assist the committee in obtaining
the patient's authorization. The committee shall pay the reasonable
cost of copying the dental hygiene records.
(b) (1) A licensee who fails or refuses to comply with a court
order issued in the enforcement of a subpoena mandating the release
of records to the committee shall pay to the committee a civil
penalty of one thousand dollars ($1,000) per day for each day that
the documents have not been produced after the date by which the
court order requires the documents to be produced, unless it is
determined that the order is unlawful or invalid. Any statute of
limitations applicable to the filing of an accusation by the
committee shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(2) A licensee who fails or refuses to comply with a court order
issued in the enforcement of a subpoena mandating the release of
records to the committee is guilty of a misdemeanor punishable by a
fine payable to the committee not to exceed five thousand dollars
($5,000). The fine shall be added to the licensee's renewal fee if it
is not paid by the next succeeding renewal date. Any statute of
limitations applicable to the filing of an accusation by the
committee shall be tolled during the period the licensee is out of
compliance with the court order and during any related appeals.
(3) A health care facility that fails or refuses to comply with a
court order issued in the enforcement of a subpoena mandating the
release of patient records to the committee, that is accompanied by a
notice citing this section and describing the penalties for failure
to comply with this section, shall pay to the committee a civil
penalty of up to one thousand dollars ($1,000) per day for each day
that the documents have not been produced, up to ten thousand dollars
($10,000), after the date by which the court order requires