____________________________________________________ DCA02CA The California Dental Practice Act
DENTISTS CBPC Section 1625. Dentistry is the diagnosis or treatment, by surgery or other method, of diseases and lesions and the cor- rection 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. Without limiting the foregoing, a person practices dentistry within the meaning of this chapter who does any one or more of the following [24]: (a) By card, circular, pamphlet, newspaper, Internet website, social media, or in any other way advertises themselves or represents themselves to be a dentist. (b) Performs, or offers to perform, an operation or diagnosis of any kind, or treats diseases or lesions of the human teeth, alveolar process, gums, jaws, or associated struc- tures, or corrects malposed positions thereof. (c) In any way indicates that the person will perform by them- selves or their agents or servants any operation upon the human teeth, alveolar process, gums, jaws, or associated structures, or in any way indicates that the person will construct, alter, repair, or sell any bridge, crown, denture or other prosthetic appliance or orthodontic appliance. (d) Makes, or offers to make, an examination of, with the intent to perform or cause to be performed any opera- tion on the human teeth, alveolar process, gums, jaws, or associated structures. (e) Manages or conducts as manager, proprietor, conductor, lessor, or otherwise, a place where dental operations are performed. The Board requires that dentists ensure that each patient of record receives a copy of the Dental Materials Fact Sheet (pro- vided by the Board) prior to the placement of his or her first dental restoration [25]. The Dental Materials Fact Sheet details the comparative risks and benefits of available dental restor- ative materials. The patient must sign an acknowledgment of receipt of the fact sheet, and a copy of the acknowledgment must be placed in the patient’s record. DENTAL ASSISTANTS (UNLICENSED) Although unlicensed dental assistants are not Board approved, their duties and actions are governed by the Act and they are required to complete coursework in the Dental Practice Act, infection control, and basic life support. Failure to follow the regulations set forth by California law can result in fines and/ or imprisonment. As defined in CBPC Section 1750.(a), “A dental assistant is an individual who, without a license, may perform basic supportive dental procedures, as authorized by Section 1750.1 and by regulations adopted by the board, under the supervision of a licensed dentist” [1]. Basic supportive dental procedures are those procedures that have technically elementary characteristics, are completely reversible, and are unlikely to precipitate potentially hazardous conditions for
the patient being treated. A licensed dentist is responsible for assuring unlicensed dental assistants’ competence and ensuring that they complete required coursework (e.g., two-hour Dental Practice Act, eight-hour infection control, basic life support) and maintain certification in basic life support (if employed for longer than 120 days). Specific duties pertaining to dental assistant practice can be found in CCR Section 1085 [28]. General information regarding regulations pertaining to dental assistants is located in CBPC Sections 1740–1777; although these sections are not discussed in this course, they should be periodically reviewed to ensure self-compliance with the act. The CBPC may include additional duties for various dental assistant professions. CCR Section 1085. Dental Assistant Duties and Settings. (a) Unless specifically so provided by regulation, a dental assistant may not perform the following functions or any other activity which represents the practice of dentistry or requires the knowledge, skill and training of a licensed dentist: 1. Diagnosis and treatment planning; 2. Surgical or cutting procedures on hard or soft tissue; 3. Fitting and adjusting of correctional and prosth- odontic appliances; 4. Prescription of medicines; 5. Placement, condensation, carving or removal of permanent restorations, including final cementation procedures; 6. Irrigation and medication of canals, try-in cones, reaming, filing or filling of root canals; 7. Taking of impressions for prosthodontic appliances, bridges or any other structures which may be worn in the mouth; 8. Administration of injectable and/or general anes- thesia; 9. Oral prophylaxis procedures. (b) A dental assistant may perform such basic supportive dental procedures as the following under the general supervision of a licensed dentist: 1. Extra-oral duties or functions specified by the super- vising dentist; 2. Operation of dental radiographic equipment for the purpose of oral radiography if the dental assistant has complied with the requirements of section 1656 of the Code; 3. Examine orthodontic appliances. (c) A dental assistant may perform such basic supportive dental procedures as the following under the direct super- vision of a licensed dentist when done so pursuant to the order, control and full professional responsibility of the supervising dentist. Such procedures shall be checked and approved by the supervising dentist prior to dismissal of the patient from the office of said dentist.
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