Section § 1600

Explanation

This section establishes that it contains the rules about dentistry in the state's Business and Professions Code, and it's officially called the Dental Practice Act. So, if any law mentions the Dental Practice Act, it's talking about this set of rules.

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.

Section § 1601.1

Explanation

This law sets up the Dental Board of California within the Department of Consumer Affairs. The board is made up of eight dentists, two dental assistants, and five members from the public. Among the dentists, one should be from a California dental college and another from a nonprofit dental clinic. They handle examinations, enforcement, and other relevant areas. This board replaces any mentioned Board of Dental Examiners in this chapter and can continue disciplinary actions of the old board. The current setup is temporary and will be reviewed in 2029, unless renewed.

(a)CA Business & Professions Code § 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, two registered dental assistants, and five 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)CA Business & Professions Code § 1601.1(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)CA Business & Professions Code § 1601.1(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)CA Business & Professions Code § 1601.1(d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.

Section § 1601.2

Explanation
The main focus of the Dental Board of California is to protect the public. If there is ever a conflict between keeping the public safe and any other goal, making sure the public is protected comes first.
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.

Section § 1601.3

Explanation

This law section explains that committees within a board have the power to review and evaluate proposals for changes to regulations concerning their area. They can hold informational meetings to discuss these changes and then make recommendations to the board. Their reports must include the exact wording of the proposed changes and the reasons supporting them. However, this section doesn't interfere with the Dental Hygiene Board of California's separate powers to manage its own regulations.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 1601.3(b) No part of this section shall restrict the Dental Hygiene Board of California from adopting, amending, or revoking regulations authorized by Article 9 (commencing with Section 1900).

Section § 1601.4

Explanation

This law requires a board to review and report on incidents involving anesthesia in dentistry. They must look at data about bad outcomes from different types of sedation (like deep sedation and general anesthesia) and check professional guidelines. They need to report findings to the Legislature by 2022, and these reports have to be submitted according to a specific government code. Additionally, they should provide details on children's deaths due to anesthesia during their regular reviews. All related data must be kept for at least 15 years.

(a)Copy CA Business & Professions Code § 1601.4(a)
(1)Copy CA Business & Professions Code § 1601.4(a)(1) The board shall review both of the following:
(A)CA Business & Professions Code § 1601.4(a)(1)(A) Available data on all adverse events related to general anesthesia and deep sedation, moderate sedation, and minimal sedation in dentistry.
(B)CA Business & Professions Code § 1601.4(a)(1)(B) Relevant professional guidelines, recommendations, or best practices for the provision of dental anesthesia and sedation care.
(2)CA Business & Professions Code § 1601.4(a)(2) By January 1, 2022, the board shall report to the Legislature any findings pursuant to this subdivision that are relevant to inform dental anesthesia and sedation standards.
(3)CA Business & Professions Code § 1601.4(a)(3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.
(b)CA Business & Professions Code § 1601.4(b) The board shall provide a report on pediatric deaths related to general anesthesia and deep sedation in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1.
(c)CA Business & Professions Code § 1601.4(c) The board shall retain available data on all adverse events related to general anesthesia and deep sedation, moderate sedation, and minimal sedation in dentistry for not less than 15 years.

Section § 1601.8

Explanation

This law allows the board to approve a different training program for handling pediatric dental anesthesia emergencies instead of requiring Pediatric Advanced Life Support (PALS) certification, as long as the alternative training is just as effective or better, covering critical areas like pediatric life support and airway management.

For purposes of training standards for general anesthesia, deep sedation, and moderate sedation, the board may approve a training standard in lieu of Pediatric Advanced Life Support (PALS) certification if the training standard is an equivalent or higher level of training for pediatric dental anesthesia-related emergencies than PALS certification that includes, but is not limited to, pediatric life support and airway management.

Section § 1602

Explanation
This law outlines the qualifications for members of the board governing dentistry. Most board members must have been practicing dentistry in California for at least five years before joining. The board must include a dental hygienist and dental assistant, each with at least five years of state registration. Public members cannot hold any licenses under this or related divisions. Only one board member can be part of a dental college faculty, and none can have financial ties to such schools.
All of the members of the board, except the public members, shall have been actively and lawfully 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 licensees 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.

Section § 1603

Explanation

This California law section covers how and for how long members are appointed to a particular board. Except for the initial appointments, board members are appointed for four-year terms and stay in office until their successors are appointed, with a maximum of two terms allowed. Vacancies are filled within 30 days for the remainder of the term. The Governor appoints several members, including public members, a dental hygienist, a dental assistant, and licensed dentists, while the Senate Committee on Rules and the Speaker of the Assembly each appoint a public member. Initial appointments have staggered terms of one to four years to set up a rotation.

(a)CA Business & Professions Code § 1603(a) 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 the member’s successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs.
(b)CA Business & Professions Code § 1603(b) A vacancy occurring during a term shall be filled by appointment for the unexpired term, within 30 days after it occurs.
(c)CA Business & Professions Code § 1603(c) No person shall serve as a member of the board for more than two terms.
(d)CA Business & Professions Code § 1603(d) The Governor shall appoint three of the public members, the dental hygienist member, the dental assistant member, and the eight licensed dentist members of the board. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
(e)CA Business & Professions Code § 1603(e) 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 dentist 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.

Section § 1603.1

Explanation

If a person has already served two full terms on the Dental Board of California, they can't be reappointed. However, if they filled in for someone else during an unfinished term, that part doesn't count towards the two-term limit.

A member of the Dental Board of California 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 that a member fills as a result of a vacancy shall be excluded.

Section § 1604

Explanation
When someone joins the board, they must give the executive officer their mailing address and update it if it changes. Any official mail sent to that address is considered properly delivered.
Each member of the board, upon qualification, shall file with the executive officer the member’s 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.

Section § 1605

Explanation
This law section states that if you're an authority who appoints someone to a board, you can also remove them from that position whenever you want.
Each appointing authority has power to remove from office at any time any member of the board appointed by that authority under Section 1603 pursuant to Section 106.

Section § 1606

Explanation

This law states that the board has to choose a president, vice president, and secretary from among its members. It also says that this rule takes priority over another part of the law when it comes to picking these officers.

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.

Section § 1608

Explanation

This law explains that special meetings can happen whenever the board decides, or if the board president or at least four board members request it. Members who aren't calling the meeting must receive a written notice with details like the meeting's time, place, and purpose at least 15 days before it happens.

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.

Section § 1609

Explanation

This law says that meetings can happen anytime and anywhere if all necessary members agree, either in writing or by showing up.

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.

Section § 1610

Explanation

To conduct official business at meetings, at least eight board members must be present.

Eight members of the board shall constitute a quorum for the transaction of business at any meeting.

Section § 1611

Explanation

This law explains that the board is responsible for overseeing the licensing of dentists and dental assistants in the state. It examines applicants for these positions and grants licenses and permits to those who pass the necessary exams. The board also handles the collection and use of fees related to these processes.

The board shall carry out the purposes and enforce the provisions of this chapter. It shall examine all applicants for a license or permit to practice dentistry and dental assisting, according to the provisions of this chapter, and shall issue licenses and permits to practice dentistry and dental assisting in this state to such applicants as successfully pass all applicable licensing and permitting examinations administered by the board, or any regional or national testing entity designated to administer licensing or permitting examinations, and otherwise comply with the provisions of this chapter. The board shall collect and apply all fees as directed by this chapter.

Section § 1611.3

Explanation
This law requires that a notice is posted by the board responsible for regulating dentists and dental assistants. The notice must state that the board regulates these professionals and must include the board's phone number and website. It has to be visible in places where patients can easily see it and must also be accessible online for patients using telehealth services.
The board shall require that the notice required under Section 138 includes a provision that the board is the entity that regulates dentists and dental assistants and provides the telephone number and internet website of the board. The board shall require the notice to be posted in a conspicuous location accessible to public view and accessible electronically for patients receiving dental services through telehealth.

Section § 1611.5

Explanation

This law allows the dental board to check the records and workplaces of dentists and dental assistants if there's a complaint that they broke any rules or laws. If a dentist or assistant refuses this inspection, they could lose their license or permit.

(a)CA Business & Professions Code § 1611.5(a) The board may inspect the books, records, and premises of any dentist licensed under this chapter and the licensing documents, records, and premises of any dental assistant permitted under this chapter in response to a complaint that a dentist or dental assistant has violated any law or regulation that constitutes grounds for disciplinary action by the board, and may employ inspectors for this purpose.
(b)CA Business & Professions Code § 1611.5(b) Failure to allow an inspection or any part thereof shall be grounds for suspension or revocation of the license or permit in accordance with Section 1670.

Section § 1612

Explanation

This section requires the board to maintain a list of everyone who has been licensed or permitted to practice dentistry or dental assisting. Additionally, the board must keep other records that clearly document all its actions and decisions.

The board shall keep a record of the names of all persons to whom licenses or permits have been granted by it to practice dentistry, dental assisting, or any other function requiring a permit, and such other records as may be necessary to show plainly all of its acts and proceedings.

Section § 1613

Explanation

This law states that there is an official seal used by the Dental Board of California, and it must have the board's name on it.

The board shall have and use a seal bearing the name “Dental Board of California.”

Section § 1614

Explanation

This section allows the board to make rules about how they conduct meetings and exams, issue licenses, and set standards for dental schools and programs. They can also decide what topics applicants need to be tested on and how to enforce these rules. Any changes to the rules must follow certain procedures set by a broader legal framework called the Administrative Procedure Act.

The board may adopt regulations pursuant to this chapter concerning:
(a)CA Business & Professions Code § 1614(a) The holding of meetings.
(b)CA Business & Professions Code § 1614(b) The holding of examinations.
(c)CA Business & Professions Code § 1614(c) The manner of issuance and reissuance of licenses.
(d)CA Business & Professions Code § 1614(d) The establishment of standards for the approval of dental colleges and dental assisting programs and educational courses.
(e)CA Business & Professions Code § 1614(e) Prescribing subjects in which applicants are to be examined.
(f)CA Business & Professions Code § 1614(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.

Section § 1615

Explanation

The members of the board are entitled to receive a daily allowance and reimbursement for expenses, as detailed in another section of the law.

Each member of the board shall receive a per diem and expenses as provided in Section 103.

Section § 1616

Explanation

This law allows the board to hire investigators, clerical staff, and other needed assistants. They can also appoint their own attorney and decide on their duties and pay. Board members and employees can be reimbursed for travel costs. Investigators must have special training to look into dental practice activities.

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.

Section § 1616.6

Explanation
A full-time management position has been created within the board under the executive officer to handle all aspects related to dental assisting, such as education, licensing, exams, and enforcement.
There is hereby established within the board a full-time management level staff position, under the direction of the executive officer, whose responsibilities shall include the management of matters related to dental assisting, including, but not limited to, education, examination, licensure, and enforcement.

Section § 1617

Explanation

If a certified copy of the board's books is presented, it serves as strong proof in California courts.

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.

Section § 1618

Explanation

This section outlines that the board's original documents must be stored at the office of the executive officer. If someone wants a certified copy of any of these documents, they can request it from the executive officer by paying a fee. This fee goes into the State Dentistry Fund.

(a)CA Business & Professions Code § 1618(a) 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.
(b)CA Business & Professions Code § 1618(b) The executive officer shall furnish to any person making application a copy of any part thereof, certified by the executive officer as executive officer, upon payment of the fee specified in Section 163. The fee shall be deposited in the State Dentistry Fund.

Section § 1618.5

Explanation

This law says that when an accusation related to dental care quality is filed, the Dental Board must give a copy to the Director of the Department of Managed Health Care. If information is accidentally released, nobody involved can be sued unless they knew it was false and acted maliciously. The board must also keep certain reports confidential as provided by another specific law.

(a)CA Business & Professions Code § 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 Dental Board of California, 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)CA Business & Professions Code § 1618.5(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.

Section § 1619

Explanation

This law requires that any documents related to an applicant's examination be kept by the board for at least one year after the exam is passed successfully. Before these documents can be destroyed, they can only be looked at by board members, the applicant or their designated person, or in specific legal proceedings. The director also has inspection rights under certain conditions.

All examination documentation of any applicant shall be preserved by the board for a period of no less than one year from the date of final successful examination, after which time the documentation shall be destroyed. Prior to destruction, examination documentation 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.

Section § 1619.1

Explanation

This law says that even though there are normal rules around record-keeping, the dental board in California is not required to keep the exam papers from the National Board of Dental Examiners.

Notwithstanding Section 1619, the board need not retain the National Board of Dental Examiners’ examination papers.

Section § 1621

Explanation

This law specifies who can be chosen as examiners for dentistry licensure exams in California. Examiners must have a valid dental or dental assistant license in California and at least five years of practice experience. Additionally, they cannot hold a teaching position in the same field unless they are a portfolio examiner.

The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria:
(a)CA Business & Professions Code § 1621(a) Possession of a valid license to practice dentistry in this state or possession of a valid license in one of the registered dental assistant categories licensed under this chapter.
(b)CA Business & Professions Code § 1621(b) Practice as a licensed dentist or in a licensure category described in subdivision (a) for at least five years preceding the examiner’s appointment.
(c)CA Business & Professions Code § 1621(c) Hold no position as an officer or faculty member at any college, school, or institution that provides instruction in the same licensure category as that held by the examiner. This subdivision shall not apply to a portfolio examiner.