DentistryDental Hygienists
Section § 1900
This section aims to allow dental hygienists to work fully in their roles to help meet everyone's dental care needs in the state. It includes different types of dental hygienists to ensure a broad and effective coverage of services.
Section § 1901
This law establishes the Dental Hygiene Board of California within the Department of Consumer Affairs, taking over the roles previously attributed to the Dental Hygiene Committee of California. Any references to the Committee now mean the Board. The law is temporary, set to expire on January 1, 2028, after which the Board will be evaluated by legislative committees.
Section § 1902
This section defines key terms related to dental practice in California. It explains that the 'Dental Hygiene Board' and 'Dental Board' refer to specific regulatory boards in the state. 'Direct supervision' means a dentist must be present when certain dental procedures are performed, while 'general supervision' allows procedures without the dentist being present. 'Oral prophylaxis' refers to professional cleaning procedures aimed at maintaining oral health.
Section § 1902.1
This law emphasizes that the main job of the dental hygiene board is to protect the public. If protecting the public clashes with any other goals, keeping people safe takes first place.
Section § 1902.2
This law requires dental and dental hygiene license holders to report their work status when they first get their license and whenever they renew it. They must specify if they work full-time or part-time in California or outside of it, if they have retired, or if they hold administrative positions that don’t involve patient care. This information must be shared on the dental hygiene board’s website. Additionally, licensees can provide details about their cultural background and language skills. This data is collected each year, grouped by location and state totals, and made available online. The law intends for the costs of these activities to be covered by the State Dental Hygiene Fund.
Section § 1902.3
This law allows dental hygienists licensed in other states to teach at dental hygiene colleges in California without a state license, given they obtain a special permit. This permit lasts four years and isn't renewable. To get it, the applicant must have a job offer from an approved college, be a graduate from an accredited dental hygiene program, and show credential or experience in their specialization. They also need to pass a California law and ethics exam, complete a course covering specific clinical skills, submit fingerprints, and pay application fees.
Section § 1903
This law explains how the dental hygiene board in California is formed and managed. The board has nine members: seven appointed by the Governor, one by the Senate Committee, and one by the Speaker of the Assembly. Specific roles are outlined for these members, including that they must have relevant professional credentials. Some terms of the board members are specified for two or four years depending on their role, and no member can serve more than two consecutive terms. Vacancies are filled for the remaining duration of the term only. Board members receive a daily allowance for their services. The Governor can reappoint former board members, and a president, vice president, and secretary are elected from within the board. The board can also appoint an executive officer, and the section is set to be repealed in 2028.
Section § 1904
The dental hygiene board is required to have a minimum of two meetings every year and can hold extra meetings in convenient locations as needed to handle its business effectively.
Section § 1905
This section outlines the responsibilities of the dental hygiene board. It must evaluate and approve educational programs for dental hygienists, and it can withdraw approval if there are concerns. It handles licensure, determining if applicants meet requirements, issuing and renewing licenses, and overseeing exams. The board also sets fees, enforces continuing education requirements, and has the authority to deny, suspend, or revoke licenses. Additionally, it advises on dental hygiene practices, and creates rules about supervision levels. Finally, it can hire necessary staff to execute these duties effectively.
Section § 1905.1
This law states that the dental hygiene board can work together with the dental board. They can hire the dental board to help investigate people applying for or holding licenses related to dental hygiene.
Section § 1906
This law section explains that the dental hygiene board is responsible for creating and modifying rules to enforce the requirements of a specific legal article concerning dental hygiene. These rules must follow certain government procedures. The rules can't impose new requirements on dentists or dental offices unless explicitly allowed. Until new rules are established by the dental hygiene board, existing dental board rules still apply to all types of registered dental hygienists. The dental hygiene board is the authority to enforce these regulations for hygienists.
Section § 1907
This law explains that registered dental hygienists in California can also perform the duties typically done by registered dental assistants. Those who had a dental hygienist license before the end of 2005 can automatically do these tasks. However, anyone licensed after January 1, 2006, needs to get a separate dental assistant license and possibly take additional courses before doing dental assistant work.
Section § 1908
This section defines what dental hygienists are allowed and not allowed to do in their practice. They can assess oral health, develop and carry out dental hygiene care plans, and provide health education and screenings. However, dental hygienists cannot diagnose, create comprehensive treatment plans, perform surgery, remove or work on permanent fillings, prescribe medication, or administer most forms of anesthesia, with a few exceptions like administering nitrous oxide and certain local anesthesia.
Section § 1909
This law explains that a registered dental hygienist in California can perform certain procedures, but only under the direct supervision of a licensed dentist. Before doing these tasks, the hygienist must prove they've completed a board-approved course. The procedures they can do include soft-tissue curettage, giving local anesthesia, and using nitrous oxide and oxygen, either separately or together.
Section § 1910
This law allows registered dental hygienists to perform certain procedures under general supervision. They can conduct preventive and therapeutic treatments like cleaning and root planing, use special agents for oral health, take impressions for whitening trays, and use light devices for tooth-whitening.
Section § 1910.5
This law allows registered dental hygienists in California to perform certain additional duties beyond those specified in another section, under specific conditions. They can decide which X-rays to take for new patients and perform interim therapeutic restorations after a dentist's diagnosis and plan. These actions can only occur in dental offices or public health settings with telehealth communications to the supervising dentist. Dental hygienists must complete specific training approved by the dental hygiene board before performing these functions. The law outlines regulations for the necessary training and became effective on January 1, 2018.
Section § 1911
Section § 1911.5
This law says that a registered dental hygienist in California is allowed to apply fluoride varnish to patients without needing a dentist to supervise them.
Section § 1912
A registered dental hygienist can perform certain procedures without a dentist watching directly, but these must happen under general supervision. This means a dentist doesn’t need to be present but should be overseeing it in some way unless the situation could cause severe pain or serious health risks if not immediately treated.
Section § 1913
This law states that registered dental hygienists in California can perform various procedures and services that fall within their professional scope, given that they have received the necessary education and training. These activities must be done under the required level of supervision as specified in the relevant regulations.
Section § 1914
This law allows registered dental hygienists to use materials or devices that are permitted for the tasks they perform, as long as they have the right education and training and work under the proper supervision.
Section § 1915
In California, only specific professionals are allowed to perform dental hygiene work. This includes registered dental hygienists, those in alternative practice or extended functions, and licensed dentists. However, there are some exceptions. Students training in dental programs can practice under supervision, and dental assistants can perform limited tasks like applying fluoride, taking impressions for bleaching trays, and applying sealants, as long as they follow dental board rules. Registered dental assistants have additional permissions, like polishing and bleaching teeth, whereas those with extended functions can also apply sealants. Additionally, dental hygienists from other places can perform demonstrations for educational purposes.
Section § 1916
To get a dental hygiene license in California, applicants must submit electronic fingerprint images to verify their identity and check for criminal records at the state and federal levels. If an applicant is from out of state and can't provide electronic fingerprints, they need to submit a hardcopy fingerprint card. The California Department of Justice (DOJ) looks into the applicant's criminal history and forwards requests for federal criminal history checks to the FBI. The DOJ then reviews the FBI's findings and shares this information with the dental hygiene board. The board also requests ongoing updates about any new arrests. The cost of processing these checks is covered by a fee charged by the DOJ. The information gathered is used to decide whether the applicant's license should be denied based on past convictions or ongoing criminal proceedings.
Section § 1917
To become a registered dental hygienist in California, you must complete an approved educational program, pass several exams including a national dental hygiene exam and California law and ethics exam, and meet specific experience or education criteria within the last three years. You also need training in certain procedures and valid basic life support certification. Finally, submit your application and fees.
Section § 1917.1
This law section allows the dental hygiene board to license someone as a dental hygienist in California, even if they didn't take the state's clinical exam, as long as they meet specific criteria. These include already having a license from another state, working a certain number of hours, passing a law and ethics exam, and providing proof of education and experience. Other requirements include not having been disciplined by another state, not failing past exams multiple times, and completing continuing education. If these criteria aren't met, the board can revoke the license. Additionally, the dental hygiene board provides out-of-state applicants with information on areas needing dental hygienists and potential job opportunities in nonprofit clinics and hospitals.
Section § 1917.3
If someone trying to become a licensed dental hygienist in California fails the clinical exam three times or causes serious injury to a patient during the exam, they can't take the test again until they've completed extra training approved by the dental hygiene board.
Section § 1918
The dental hygiene board will issue a license for a registered dental hygienist in extended functions to anyone who: already holds a dental hygienist license in California, finishes approved clinical training at a school-affiliated facility, passes the board’s exam, and submits an application with the required fees.
Section § 1920
If you were a licensed dental hygienist in extended functions or alternative practice as of July 1, 2009, you'll automatically get a standard dental hygienist license unless you already have one. This new license will expire at the same time as your old one and must be renewed under the same rules.
Section § 1921
Section § 1922
To become a registered dental hygienist in alternative practice in California, you need to pass an exam about California law and ethics, fill out an application, pay the required fees, and meet one of two criteria. Either you must already be a licensed dental hygienist in California, with at least 2,000 hours of work experience in the past three years, and have completed a bachelor's degree or equivalent education with additional specified coursework. Alternatively, you can qualify if you've been accepted into the Health Workforce Pilot Project No. 155 employment phase.
Section § 1924
If a dental hygienist in California was part of a special training project and set up their own practice before June 30, 1997, they can keep running their practice without extra licensing, provided they follow certain rules. They must keep personally working in the practice, stick to specified procedures, and can only pass the business on to a licensed dentist.
Section § 1925
This law section outlines where a registered dental hygienist in alternative practice can work. They can be employed by a dentist or another alternative practice hygienist, work as an independent contractor, or manage their own practice. They can also work in specific types of clinics such as primary care or specialty clinics, clinics owned by public hospitals, and in professional corporations under specific corporation laws. The law includes conditions under which these practices can be legally operated.
Section § 1926
This law allows registered dental hygienists who work in alternative practice settings to perform specific duties in various locations. They can work in private homes for those who cannot leave, schools, places where patients are temporarily transferred for outpatient care, areas lacking enough dental professionals, and dental offices. Even if an area loses its shortage certification, existing practices can continue, but hygienists must keep patients informed about available dentists for broader dental care.
Section § 1926.01
This section explains that dental hygienists with special training, known as 'registered dental hygienists in alternative practice,' can perform duties that normally require a dentist's consultation in specific settings like homes for the homebound, residential facilities, dental shortage areas, and dental offices. They must consult with a collaborating dentist and have another person on-site who can perform CPR, as well as emergency equipment like oxygen, readily available.
Section § 1926.05
This law allows registered dental hygienists working in alternative practices to perform certain tasks in various settings, like homes for people who can't leave, schools, residential and other institutions, dental or medical offices, and areas with shortages of dental health professionals. For some tasks, they need a dentist's diagnosis, treatment plan, and instructions first.
Section § 1926.1
This law allows dental hygienists practicing in alternative settings to operate mobile dental clinics. They must register these clinics with the dental hygiene board and follow specific rules. The board can inspect the clinics to make sure they are meeting the standards. If a clinic doesn't follow the rules, it's considered unprofessional, and the hygienist could face penalties like probation or fines. The board can issue citations for any violations, and any fines collected go into a special fund for dental hygiene.
Section § 1926.2
This law section allows registered dental hygienists in alternative practice to operate one mobile dental hygiene clinic. These clinics must be registered and follow rules from the dental hygiene board, which should not limit competition. They also have to pay certain fees. Some mobile units, like those exempt from licensing under certain health codes, don't have to follow this law. However, exempt mobile unit owners must inform the dental hygiene board within 60 days of starting services. Practitioners in these exempt units do not need to comply with the registration rule.
Section § 1926.3
If you're a registered dental hygienist in alternative practice in California, you need to let the dental hygiene board know where your practice locations are or if you don't have a fixed location. If you use portable equipment, you must register where you keep that equipment. The board can inspect your facilities and equipment to ensure they meet requirements. If they find issues, you might face consequences like probation, fines, or losing registration. The board can also issue fines for breaking these rules, and any money from fines goes into a specific fund for dental hygiene.
Section § 1926.4
If a dental hygienist with an alternative practice in California wants to open a second office, they must apply to the dental hygiene board, pay the required fee, and get written permission. They also need to pay a renewal fee every two years to maintain the additional practice location.
Section § 1927
This law says that a dental hygienist who works independently in an alternative practice cannot claim, suggest, or advertise that they can provide dental services or diagnoses beyond what hygienists are allowed to do, which includes checking oral health, planning dental hygiene treatments, and performing those treatments. Additionally, they cannot hire another dental hygienist to provide patient care unless that hygienist also works in the alternative practice framework.
Section § 1928
This law allows dental hygienists who are registered to practice independently to submit insurance claims for the services they provide to patients.
Section § 1929
This law lets dental hygienists who work in alternative settings hire other hygienists with the same qualifications. They can also hire and oversee dental assistants who help with tasks like retracting cheeks and using suction tools in the mouth.
Section § 1930
If you're a dental hygienist working in an alternative setting, you need to show the dental hygiene board that you have a dentist you can work with for advice, referrals, and emergencies.
Section § 1931
This law section allows dental hygienists in alternative practice to provide services without needing a dentist's or physician's verification initially. However, if they continue services for 18 months or longer, they must get written proof that a licensed dentist or physician has examined the patient and prescribed dental hygiene services. Such prescriptions can be valid for up to two years. The Dental Hygiene Board can take legal action against hygienists who don't follow these rules, which could lead to license suspension or revocation for unprofessional conduct.
Section § 1932
This law allows the dental hygiene board to give a probationary license to a dental hygienist applicant if they meet all other licensing requirements. The board can set specific terms for this type of license, such as passing a competency exam, undergoing medical evaluations, avoiding alcohol or drugs, or participating in a rehabilitation program. The applicant might also need to practice only under supervision or take additional education courses. A probationary license lasts for three years, during which the licensee can ask for changes to the terms or apply for a regular license. The process must follow certain governmental procedures.
Section § 1933
If you lose or destroy your professional license, you can get a replacement by paying a fee and providing a written statement explaining what happened to the original.
Section § 1934
If you're a licensed dental hygienist in California and you change your physical address or email, you need to let the dental hygiene board know within 30 days. If you change your legal name, you must provide documentation to the board within 10 days.
Section § 1935
This law says that a license given under this article expires at midnight on the last day of the license holder’s birth month, during the second year of a two-year license term, unless there's an exception. To keep the license active, the holder must apply for renewal and pay the required fee before it expires, using the form from the dental hygiene board.
Section § 1936
If your dental hygiene license in California has expired, you have up to five years to renew it. To renew, you must fill out the necessary form and pay all overdue renewal and delinquency fees. The renewal becomes effective on the latest date when you complete the form, pay the renewal fee, or pay the delinquency fee. Once renewed, your license is valid until the next scheduled expiration date.
Section § 1936.1
This law mandates that dental hygienists in California must complete continuing education to renew their licenses every two years. They must learn about advancements in dental hygiene through approved courses or equivalent means. The board will conduct random audits on 5% of licensees to ensure compliance. Additionally, part of this education must cover specific topics in patient care, health and safety, and law and ethics, with a maximum of 10 hours required per renewal period. All course providers must be approved by the dental hygiene board or deemed approved if recognized by the dental board.
Section § 1937
If your license is suspended, it will still expire normally and you can renew it when you're supposed to. However, renewing a suspended license doesn't mean you can start working or doing the activities it's for until the suspension is officially lifted. So, you need to wait for reinstatement before doing anything your license allows.
Section § 1938
If your license gets revoked, it will still expire like it normally would. You can't simply renew a revoked license. To reinstate it after it has expired, you must pay both the renewal fee that was due before it expired and any additional late fees that built up when the license was revoked.
Section § 1939
If your license isn't renewed within five years after it expires, you can't just renew or reinstate it. Instead, you'll need to start over and apply for a new license, meeting all the requirements as if you were a new applicant.
Section § 1940
If a dental hygiene professional wants to make their license inactive, they must apply using a form from the dental hygiene board. To reactivate the license, they need to submit a form with proof of completed continuing education hours from the past two years. Even with an inactive license, they must still pay the renewal fees every two years. The board is required to inform applicants within 30 days if their application for changing the license status is complete or if more information is needed.
Section § 1941
This section outlines the guidelines for approving educational programs for Registered Dental Hygienists (RDHs) in California. The dental hygiene board is responsible for granting and renewing approval only if the programs maintain high standards of instruction and meet specific criteria, like those of the American Dental Association's Commission on Dental Accreditation. New programs must conduct a feasibility study to show the need for them and get the board's approval before seeking accreditation. Programs must be associated with an accredited college or dental school and focus on providing higher education that leads to a degree. RDHs include various types of registered dental hygienists recognized in this section.
Section § 1941.5
This law section involves the process by which the dental hygiene board in California oversees the approval and continued compliance of educational programs for dental hygienists and specialized dental hygiene practices. Educational programs must regularly certify that they meet the dental hygiene board's requirements. The board can conduct evaluations and both announced and unannounced site visits to ensure programs adhere to these standards. If a program is found to be noncompliant, it may face probation, fines, or have its approval revoked if issues are not corrected in a timely manner. Additionally, citations can be issued for violations of this law or related regulations.
Section § 1942
This section explains what an 'extramural dental facility' is, which is a clinic partnered with a dental hygiene program for teaching purposes, located outside the main campus. Such facilities must be registered with the dental hygiene board by the program. The registration includes details about faculty supervision, types of treatments, facility name and location, start date, related discipline, and available equipment. There must also be a copy of the contract between the educational program and the facility. Any updates to this information need to be reported to the dental hygiene board.
Section § 1943
This law allows the dental hygiene board to deny someone the chance to take the exam for becoming a licensed dental hygienist in a few situations. They can say no if the person has done something that could get their license suspended or revoked, if they've helped commit acts that need a license, or if another state has already suspended or revoked their license for similar reasons. If there are proceedings about this, they'll follow specific government rules.
Section § 1944
This law explains how the dental hygiene board sets fees for various dental hygienist licenses and related activities in California. The board decides fees for things like license applications, renewals, exams, and educational program checks. Most fees have maximum limits, such as application fees not exceeding $250 and renewal fees capped at $500. Delinquencies incur additional costs, and schools face specific charges for curriculum reviews. The fees collected go into a special fund used for dental hygiene regulation. The overall aim is to cover reasonable regulatory costs, and no other fees can be imposed outside those outlined here.
Section § 1947
This law states that if you're a dental hygienist or have special types of dental hygienist licenses in California, your license can be taken away or put on hold. This can happen if you break any rules listed in this article related to dental hygiene practice.
Section § 1949
This section explains that a dental hygienist's license can be revoked, suspended, or they can face reprimands or probation for actions like unprofessional behavior or incompetence. It also applies if they got their license by mistake or committed repeated negligence. Any disciplinary procedures must follow specific state government rules, and the dental hygiene board has the authority to enforce these actions.
Section § 1950
If a dental hygiene licensee is convicted of a crime that is related to their professional duties, the dental hygiene board can take actions like revoking, suspending, reprimanding, or placing the licensee on probation. A certified record of the conviction is enough proof for these actions. The board can proceed when there's a guilty plea or a no-contest plea for a related crime. The board can also act if there's no appeal possible, the conviction is upheld on appeal, or if probation is granted even if the conviction is later dismissed.
Section § 1950.5
This law lists different actions considered as unprofessional behavior for someone licensed in dental hygiene. It includes things like getting fees through deceit, helping unlicensed or licensed individuals practice improperly, and committing sexual misconduct with patients. Other violations include using fake names, false advertising, excessive treatment, unsanitary offices, threatening patients, altering medical records, and failing to report patient deaths or emergencies. These actions can result in legal penalties like fines, jail, or losing one’s license.
Section § 1951
This law allows the dental hygiene board to discipline licensees by putting them on probation with certain conditions. These might include extra training or exams, medical exams if necessary, limits on their practice, refunding fees to patients, and doing community service instead of being suspended, except for certain care-related violations.
Section § 1952
This law states that it is considered unprofessional behavior for licensed people in the dental field to do certain things related to drugs and alcohol. They're prohibited from having or using illegal drugs, except if a doctor prescribes them. They also can't use drugs or alcohol in a way that might harm them or others, especially if it affects their work. If they're found guilty of breaking drug laws or have multiple drug or alcohol-related convictions, their professional license could be at risk. A guilty record is enough proof for action, and the dental board can suspend or revoke a license based on these convictions.
Section § 1953
If you're a dental hygienist in California working in any capacity, whenever you perform a service on a patient, you must sign or include your ID number and initials next to your work in the patient's record, along with the date you did it. Not following this rule repeatedly is considered unprofessional conduct.
Section § 1954
Section § 1955
This law requires that a licensed dentist or dental hygienist must provide patient records to the dental hygiene board within 15 days if requested with the patient's permission. If they fail to do this, they can be fined $250 for each late day, up to $5,000, unless there is a good reason for the delay. Health care facilities have 30 days to comply with such requests, facing similar fines. If a licensee or facility disobeys a court order to release records, they could be fined $1,000 per day and face criminal charges. Repeated failure to release records can result in suspension or revocation of their professional license, and both individuals and facilities can face fines or imprisonment. These rules are applied according to the Administrative Procedure Act, and the term 'health care facility' covers various licensed or exempt clinics.
Section § 1956
Section § 1957
If someone’s dental hygiene license in California has been revoked or suspended, they can ask to have it reinstated or to change the penalty after a certain time. The wait time is at least three years for serious offenses, like unprofessional conduct, two years for lowering a long probation period, and one year for issues like health problems. Their request must include specific details the board requires, and the board or a judge will review the case. They’ll look at things like the person's behavior since the penalty and any efforts they've made to improve. However, while serving a criminal sentence or facing new allegations, they can't submit a request. The board can deny requests quickly if they’re made too soon after a previous decision.
Section § 1958
This law says it's a misdemeanor for someone to pretend to be a registered dental hygienist or use related titles or letters without a valid license. It covers falsely representing oneself as having a dental hygiene degree, not displaying a dental hygiene license in one's office, and failing to provide information about people practicing dental hygiene when asked by the dental hygiene board. Additionally, it is illegal to practice dental hygiene while under the influence of alcohol or drugs, if that impairs their ability to safely treat patients. Penalties include jail time, a fine, or both.
Section § 1958.1
This law states that if someone is required to register as a sex offender, the California dental hygiene board will refuse to grant them a license or will revoke an existing one without the possibility of probation. However, this rule does not apply if the person has been officially relieved from registering as a sex offender, if they're only required to register due to a specific type of misdemeanor, or if their case was fully decided before 2013. The board still maintains the right to impose disciplinary actions for certain misdemeanor convictions.
Section § 1959
If someone has a current and active license as a dental hygienist or one of its specializations in California, they can add specific letters to their name to show their qualifications. Those who are regular dental hygienists can use 'R.D.H.', those in alternative practice can use 'R.D.H.A.P.', and those with extended functions can use 'R.D.H.E.F.'.
Section § 1960
If someone commits certain actions related to dental hygiene credentials or practice, they can face tough penalties. For the first offense, it's considered a misdemeanor, and the person might pay a fine between $200 and $3,000, spend up to six months in jail, or both. If caught again, it's a felony with a larger fine or longer jail time. These illegal actions include selling fake dental hygiene degrees or licenses, using fake credentials, making false statements on applications, practicing without a license, and practicing under a fake name.
Section § 1961
Section § 1962
This law allows dental hygienists in alternative practice to use certain names for their practice that might otherwise be restricted, as long as they have a special permit from the dental hygiene board. Groups, pairs, or individual hygienists can use the permitted names if they meet specific requirements: they must be properly licensed, own or lease the location, and the name must include specific terms like 'dental hygiene group.' All practitioners must hold valid licenses, and no current accusations of unprofessional conduct can be pending. Permits need to be renewed regularly and can be revoked if terms are not maintained. If there's a charge of unprofessional conduct, further actions like revocation of permits are paused until a final decision on the charges is made, unless a serious outcome like license revocation has already happened.
Section § 1963
This section explains that the dental hygiene board has the authority to file complaints in court if someone breaks the rules related to dental hygiene. They can also help with showing the law or facts in court. In addition, the district attorney in each county is responsible for prosecuting these violations when they happen in their area.
Section § 1964
This law allows the dental hygiene board to ask a superior court to stop someone from practicing dental hygiene if they don't have a proper license.
Section § 1965
If someone is doing or about to do something wrong related to dental hygiene regulations, a group of at least ten licensed dental hygienists can ask a court to stop them. This process follows certain legal rules.
Section § 1966
This law section expresses the goal of helping dental hygienists who struggle with drug or alcohol issues to regain their professional abilities without risking public safety. It suggests that the dental hygiene board create a diversion program as an alternative to regular discipline. Additionally, the board should set up one or more committees to evaluate these cases, with specific criteria for committee selection, and compensate committee members for their work.
Section § 1966.1
This section of the law outlines how dental hygienists in California can participate in a diversion program if they have issues with substance use. This program is meant to help licensees receive treatment instead of facing immediate disciplinary action. Licensees can join the program voluntarily, and even those who are currently being investigated can apply with specific conditions. If someone successfully completes the program, any investigation related to their substance use may be dropped. However, failure to comply with the program can lead to disciplinary actions, and if a participant poses a risk to public safety, their diversion records may be used in disciplinary proceedings. Participation in the diversion program doesn't prevent the board from investigating other unprofessional conduct.
Section § 1966.2
This section outlines the responsibilities of a diversion evaluation committee. Their tasks include evaluating dental hygienists who want to join a diversion program, determining suitable treatment facilities for them, monitoring their progress, and deciding if they can safely continue practicing. They may also have additional duties as required by the dental hygiene board.
Section § 1966.3
This law allows a diversion evaluation committee to meet privately (in closed session) to review reports about licensed professionals involved in a diversion program, which is typically a rehabilitation or monitoring plan. The private meeting is only allowed if it's necessary to protect the licensee's privacy.
Section § 1966.4
If a licensed dental hygienist in California wants to join a diversion program, they must agree to follow the treatment plan made by a special committee and pay for it, unless the dental hygiene board decides to waive the costs. If they do not follow the program's rules, they might get kicked out of the program.
Section § 1966.5
This law says that once a committee has decided a dental licensee is rehabilitated and finished with a special program, all related records must be destroyed. Additionally, unless there's a specific exception, any records about the licensee's treatment in this program must be kept confidential and can't be used in legal proceedings.
Section § 1966.6
If you report someone to the dental hygiene board or their diversion evaluation committee because you’re concerned about their involvement in a special rehabilitation program, the board will make sure you’re protected if someone tries to sue you for defamation over your report.