Government
Relations

Kristy Borquez , CDA, RDAEF, FADAA
Government Relations Chair
kdancer@earthlink.net

Legislative Update – May 4, 2008

Implementation of SB1546 and SB1541 (new licensure scheme for dental assisting)

As you know, as result of the 2003/04 sunset review process and an independent consultant’s report issued pursuant to SB26, Senator Figueroa introduced SB1546 in 2004.  It became law on January 1, 2005, enacting a new dental assisting regulatory scheme starting January 1, 2007 (delayed to January 1, 2008 by SB1111).

SB1546 embodied most of the provisions of the new dental assisting regulatory scheme that was scheduled to take effect January 1, 2010, such as requiring that unlicensed dental assistants complete infection control and law courses, establishment of the RRA, ROA, RSA, and RRAEF license categories, eliminating most specified supervision levels, and increasing allowable RDA and EF duties.  

SB1541 (Ducheny, Chap 908, Stats.of 2006), created the work experience pathway to RRA, ROA, and RSA specialty licensure. 

Consideration of a New Regulatory Scheme to Replace SB1546 and SB1541

As the Board began its review of the SB1546/SB1541 regulations again at its January 2008, meeting, member Dr. Cassagrande said that he felt that the entire concept was perhaps not appropriate, and that it would make it harder for people to enter dental assisting.  He felt that the old system was simpler, and that the Board should re-evaluate whether legislation was needed to change the entire scheme.     

A motion passed unanimously to place a review of the entire concept on their March, 2008, agenda, and a motion to proceed with a review of the proposed regulations was not successful.  

Representatives of the Alliance and CDA met to discuss a new licensing framework that is similar to the current licensing structure, with additional allowable duties added to each licensure category, and the creation of permit categories for Orthodontic Assistants and Dental Sedation Assistants.

AB2637

A bill has been introduced by Assembly Member Eng that creates the new licensing framework. The latest amendments appeared on May 1, 2008.

To read the bill click here. 

The Alliance has compiled a synopsis of what this bill will do in regards to the duties of the DA, RDA, RDAEF and new categories.

To read the synopsis, click here.

 “Sunset” of the Dental Board and COMDA

In current law, the sections establishing the Dental Board become inoperative on July 1, 2008, and are repealed on January 1, 2009, and the section establishing COMDA become inoperative on July 1, 2009, and are repealed on January 1, 2010. 

What this means is the Dental Board of CA (DBC) will no longer be able to meet as a regulatory board after June 30, 2008.  

SB797 has been introduced and has been amended to allow, until January 1, 2009, the existing Executive Officer to continue as an appointee of the Governor, rather than the Board, and provides that the Department of Consumer Affairs (DCA) may appoint an advisory committee composed of the prior Board members.  Here is a link to the actual bill:

 http://www.leginfo.ca.gov/pub/07-08/bill/sen/sb_0751-0800/sb_797_bill_20080424_amended_asm_v97.html

In addition:

AB1545 (Eng) as amended May 1, 2008, would reconstitute the Dental Board on January 1, 2009.  Here is the link to the bill: 

http://info.sen.ca.gov/cgi-bin/postquery?bill_number=ab_1545&sess=CUR&house=B&site=sen

SB853 was also amended May 1, 2008, which also reconstitutes the Dental Board on January 1, 2009.  However, the amendments also include most of the provisions of last year’s SB534 (which was vetoed by the Governor).  SB853 would establish a Dental Hygiene Committee within the Board, and eliminate COMDA.  It also includes Legislative Intent language, as follows:

   1742.  The Legislature hereby finds and declares that dentalassistants provide a dental care service that is vital to good dental health. It is the intent of the Legislature that the board create and implement an effective forum where dental assistant services and regulatory oversight of dental assistants can be heard and discussed in full and where all matters relating to dental assistants in this state can be discussed, including, but not limited to, all of the following matters:

   (a) Requirements for dental assistant licensure and renewal.

   (b) Allowable dental assistant duties, settings, and supervision levels.

   (c) Appropriate standards of conduct and enforcement for dental assistants. 

Here is a link to the bill:  

http://info.sen.ca.gov/cgi-bin/postquery?bill_number=sb_853&sess=CUR&house=B&site=sen

This bill is moving very quickly, and the Alliance is exploring what action to take to assure that dental assisting is properly represented on the Board.

Administration of COMDA

At the end of 2007, COMDA hired Lori Hubble, a long-time staff member of both the Board and COMDA, as its new Executive Officer.  In addition, the Governor appointed three new members to COMDA on January 15, 2008, which leaves three positions still vacant (2 RDHs and 1 DDS):  

The new members are Debra Diaz, RDA, of Salinas, Marlene Jacobus, RDH, of Templeton, and Rita Weisberg, DDS, of Pacific Palisades.  They join existing members Judy Forsyth, RDA (current Chair), of Riverside, Rochelle Bache, RDA, of Encino, and William Baker, public member, of Rancho Palos Verdes, who is also a member of the Dental Board.