amend or revoke these laws as needed, subject to approval by the California Legislature. This course provides an overview of these governmental entities and outlines the content of the Dental Practice Act, its attending regulations, and other statutes relating to dental practice. The content of this basic-level course was derived primarily from the State of California Department of Consumer Affairs Dental California Dental Practice Act The California Dental Practice Act consists of the basic body of laws governing dentistry found in the California Business and Professions Code (B&P): Division 2, Chapter 4 (beginning with Section 1600), and the California Code of Regulations (CCR): Title 16, Division 10 (beginning with Section 1000). California law requires every dental professional to have a grasp of this basic body of law and related portions of other selected California statutes. California Department of Consumer Affairs The California Department of Consumer Affairs includes 39 regulatory entities that protect public health and safety through licensing and oversight of various professions. These boards and bureaus establish minimum qualifications and levels of competency for licensure in more than 280 business and professional categories, including all health professions (Department of Consumer Affairs, S. of C., 2021). The Dental Board of California is one such board falling within the purview of the California Department of Consumer Affairs, which provides a variety of key administrative services to these semi- autonomous boards. Dental Board of California The Dental Board of California (the Board) is part of the California Department of Consumer Affairs. The stated mission of the Board is to “protect and promote the health and safety of consumers in the State of California” (Dental Board of California, 2021g). The Board licenses qualified dental healthcare professionals, takes actions to enforce compliance with the Dental Practice Act and other laws of the State of California, and strives to enhance the education of consumers and licensees. The Board regulates licensed dentists, registered dental assistants (RDAs), and registered dental assistants in extended functions (RDAEFs). It also delineates each group’s scope of practice, including any required levels of supervision or any restrictions on the settings in which they may work. Other areas of the Board’s concern include licensing, examinations, and continuing education (CE) requirements. The Board also sets fees for dentists and for all dental auxiliaries, including fees in connection with initial licensure and license renewal, permits and permit renewals, and examinations. These regulations are set forth for dentists and dental auxiliaries in the CCR (Sections 1021 and 1022, respectively). Section 1601.2 of the California Dental Practice Act states that “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” (California Dental Practice Act, 2003). According to its vision statement, the Board strives to “be the leader in public protection, promotion of oral health, and access to care” (Dental Board of California, 2021g). The Board consists of 15 members: ● Eight practicing dentists. ● One registered dental hygienist (RDH). ● One RDA. ● Five members of the public. (California Dental Practice Act, 2020a)
Practice Act, California Code of Regulations, California Dental Association Code of Ethics, and American Dental Association Principles of Ethics and Code of Professional Conduct. With a more complete understanding of the California Dental Practice Act, dentists, dental hygienists, and dental assistants will be better able to practice within its guidelines.
CALIFORNIA LAWS AND AGENCIES
Throughout this course, regulations of the California Dental Practice Act will be identified or cited by their section number in either the B&P or the CCR, but will be referred to collectively as the Dental Practice Act . Appendix A outlines the pertinent contents of each of these laws by section. Relevant sections of the B&P can be read in their entirety at https://www.dbc.ca.gov/ lawsregs/laws.shtml; relevant sections of the CCR can be read in their entirety at https://www.dir.ca.gov/dlse/CCR.htm. Board members collectively are the leaders of these licensing agencies, and make important decisions on agency policies and disciplinary actions against professionals who violate state consumer protection laws. Board members approve regulations and help guide licensing, enforcement, public education, and consumer protection activities. Some board members are licensed professionals, whereas others are public members. The governor appoints many board members, but the legislature makes appointments as well. State law requires board members within the California Department of Consumer Affairs to complete orientation and training in several important areas, including ethics, conflict of interest laws, and sexual harassment prevention. To ensure that all Board functions are conducted with optimum efficiency, selecting qualified Board members is essential. The governor, Senate Committee on Rules, and speaker of the assembly appoint public members. Because experience is a critical component in the decision-making process, all members of the Board, except public members, must have at least five years of clinical practice in the State of California, preceding the date of their appointments. No more than one member may be on the faculty of any dental college or department, and no members may have financial interests in any dental academic institution. Members are appointed for a four-year term, and no member can remain on the Board for more than 2 terms (California Dental Practice Act, 2020b). Of the eight practicing dentists on the Board, one must be a member of a California dental college, and one must be practicing in a nonprofit community clinic (California Dental Practice Act, 2020a). The Board may inspect the books, records, and premises of any licensed dentist, as well as the licensing documents, records, and premises of any dental assistant in response to a complaint that either entity has violated a law or regulation constituting grounds for disciplinary action. The Board may employ inspectors for this purpose (California Dental Practice Act, 2019a). To assist California licensed dentists, RDAs, and RDAEFs whose ability to practice dentistry has been impaired by alcohol or drug abuse, the Board has established a diversion program that provides access to appropriate intervention and treatment programs. The diversion program offers these practitioners a means to recover from substance abuse without the added hardship of losing their professional license. The dual purpose of the program is to protect the public and rehabilitate the licensee. The program also provides a voluntary alternative approach to traditional disciplinary actions. Participants must meet the diversion program’s eligibility requirements and agree to comply with the terms of the program. Involvement in the program is kept confidential. Upon successfully completing treatment, the licensee may return to practice, and all records
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