Courses ineligible for credit Courses considered to be ineligible for CE credit are those courses of direct benefit to the licensee or outside of the scope of dental practice. Examples of these courses are also listed in Appendix C. Meeting continuing education requirements ● The regulations that took effect in 2010 now allow licensees to take courses for CE credit, other than the mandatory courses , from any provider approved by the ADA Continuing Education Recognition Program (CERP) or the AGD Program Approval for Continuing Education (PACE) (Cal. Code Regs., 2010a). Continuing education requirements may be met in a number of ways. All CE hours may be obtained through courses, with the following caveat: Under normal circumstances, tape-recorded courses, home study materials, video courses, and computer courses are considered correspondence courses and, if from approved providers, are accepted for credit for only up to 50% of the total required hours. However, on February 17, 2021, effective immediately, this maximum was waived for courses for which the participants were able to concurrently interact with observing instructors or presenters. (See https:// www.dbc.ca.gov/licensees/covid19.shtml for details.) In contrast, interactive instruction courses, such as live lectures, Other conditions for licensing and renewal Fingerprinting As a condition of renewal of a license, all licensees who were first licensed prior to January 1, 1999, are required under CCR Section 1008 to have a full set of fingerprints on file with the Department of Justice for the purpose of conducting a criminal history record check. A licensee must disclose whether, in the prior renewal cycle, he or she has been convicted of any violation of the law in any state or country, omitting traffic infractions under $1,000 not involving alcohol, dangerous drugs, or controlled substances (Cal. Code Regs., 2011b). If requested by the Board, the licensee must provide a criminal history report within 30 days. In addition, a licensee must disclose any disciplinary actions against any other license he or she may hold (Cal. Code Regs., 2011a) Use of electronic fingerprinting has been a required component of license renewal since 2011. Fingerprints must be recorded using the Live Scan service in California. Paper fingerprint cards no longer fulfill this legal requirement. (Please see https://dhbc.ca.gov/licensees/ fingerprint_req.shtml for more details.) According to the Dental Practice Act, dentistry includes the diagnosis or treatment of “diseases and lesions and the correction of malpositions of the human teeth, alveolar process, gums, jaws, or associated structures; and such diagnosis or treatment may include all necessary related procedures as well as the use of drugs, anesthetic agents , and physical evaluation …” (California Dental Practice Act, 2020c) (italics added). A dentist may legally use, prescribe, or provide a controlled substance only: ● In the ordinary course of his or her professional practice. ● For an individual under his or her treatment. A dentist may use any legally prescribed drug (or prescribe such drug) to treat patients as long as the treatment is within this delineated scope of practice. For example, a licensed California dentist who holds a valid permit to perform elective facial cosmetic surgery may administer Botox and similar drugs purely for cosmetic purposes as long as they are legally prescribed and within the scope of practice for the permit that he or she holds. The anatomical scope of practice limitations imposed by B&P Section 1625 mean that a dentist cannot prescribe drugs for a non-dental purpose, even though the dentist is allowed by statute to prescribe that drug.
live telephone conferencing, live video conferencing, or live classroom study from registered providers, are accepted for full credit. Up to 20% of a licensee’s total CE units may be obtained through other approved activities, including certain types of examinations, site visits, trainings, or evaluations (Cal. Code Regs., 2010b). Any licensees who do not adhere to the CE provisions of the Dental Practice Act will be denied renewal of their licenses. A licensee who has not practiced in California for more than one year because he or she is disabled is not required to comply with the CE requirements during the renewal period within which such disability falls. However, the licensee must pay the required renewal fee. The licensee must certify in writing that he or she is eligible for a waiver of the CE requirements due to a disability. All CE requirements resume when the dental professional is no longer eligible for the waiver (Cal. Code Regs., 2010b). A licensee must retain, for a period of three renewal periods, the certificates of course completion issued to him or her at the time of completing the course, and must forward these certificates to the Board only upon request by the Board for audit purposes (Cal. Code Regs., 2010b). A licensee who fails to retain a certification must contact the provider to obtain a duplicate certification. Failure to pay taxes The Board is required to deny an application for licensure or to suspend a license/certificate/registration if a licensee or applicant has outstanding tax obligations owed to the California Franchise Tax Board (FTB) or the State Board of Equalization (BOE), and appears on either the FTB or BOE’s certified lists of top 500 tax delinquents over $100,000. The applicant or licensee will have 90 days from the issuance of a preliminary notice of suspension to either satisfy all outstanding tax obligations or enter into a payment installment program with the FTB or BOE. Any person who fails to come into compliance will have his or her license denied or suspended until the Board receives a release from the FTB or BOE. The Board is prohibited from refunding any money paid for the issuance or renewal of a license when the license is denied or suspended as required for failure to pay taxes (California Department of Consumer Affairs, 2021).
PRESCRIPTIVE PRIVILEGES
To write prescriptions for controlled substances, a dentist must have a Drug Enforcement Administration (DEA) number issued by the U.S. Department of Justice. Division 10 of the California Health and Safety Code governs the form and content of prescriptions (Cal. Health & Safety, 2021). All written prescriptions for Schedule II through V controlled substances must be written on tamper-resistant prescription forms that contain a number of features designed to prevent fraud. Starting on January 1, 2021, California state law has required 15 elements to appear on California Security Prescription Forms. These forms must be produced by printers licensed by the California Department of Justice. (For details, see https://www. dbc.ca.gov/licensees/prescription_pads_101.shtml.) Dental assistants and RDHs cannot prescribe drugs. It is a violation of the Dental Practice Act for a dentist to self- prescribe any controlled substances as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Article 8 (commencing with Section 4211) of Chapter 9 (B&P 1681[a]). According to Health and Safety Code 11190, prescribers of Schedule II medications must document not only the basic information concerning type, quantity, and dose, but also the pathology and purpose for which the drug is being prescribed (Cal. Health & Safety, 2007).
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