Government
Relations

August, 2008
Update

May, 2008
Update

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

Legislative Update – September 28, 2008

AB2637 was signed on September 28, 2008 by the Governor, and will become effective January 1, 2009, although many of its provisions will not go into effect until January 1, 2010.

Attached is a synopsis of the changes that AB2637 will make as well as copies of some of the new laws. Some of the important highlights affecting DAs, RDAs and potential RDAs are as follows. If you have any questions please let me know.

DA Requirements. B&P Section 1750 retains the SB1546/SB1541 statutory requirement that unlicensed DAs who are in a dentist’s continuous employment 120 days or more must complete, within a year of the date of employment, a course in basic life support, an 8-hour board-approved course in infection control, and a board-approved course in the California Dental Practice Act.

B&P Section 1750 also provides that the employer of a dental assistant shall be responsible for ensuring that the dental assistant maintains certification in basic life support.

DA Duties. B&P Section 1750.1 places into statute the duties that regulations currently allow DAs to perform, with the addition of certain duties. Following are the additional duties that DAs will be allowed to perform on and after January 1, 2010:

1. Perform intraoral and extraoral photography
2. Take intraoral impressions for all nonprosthodontic appliances
3. Take facebow transfers and bite registrations
4. Place and remove rubber dams or other isolation devices (broader definition of current duty)
5. Place patient monitoring sensors
6. Monitor patient sedation, limited to reading and transmitting information from the monitor display during the intraoperative phase of surgery for electrocardiogram waveform, carbon dioxide and end tidal carbon dioxide concentrations, respiratory cycle data, continuous noninvasive blood pressure data, or pulse arterial oxygen saturation measurements, for the purpose of interpretation and evaluation by a supervising licensed dentist who shall be at the patient’s chairside during this procedure.

RDA Duties. B&P Section 1752.4 places into statute most of the duties that regulations currently allow RDAs to perform, with the addition of certain duties, and with some duties moved to the DA category. Following are all the new duties that RDAs will be allowed to perform on an after January 1, 2010, without further instruction. All RDA duties will be allowed to be performed under general or direct supervision, as determined by the supervising dentist.

1. Use of automated caries detection devices and materials to gather information for diagnosis by the dentist
2. Obtain intraoral images for computer-aided design (CAD), milled restorations.
3. Place bonding agents
4. Chemically prepare teeth for bonding
5. Place, adjust, and finish direct provisional restorations (broader definition of current duty)
6. Fabricate, adjust, cement and remove indirect provisional restorations, including stainless steel crowns when used as a provisional restoration (broader definition of current duty)
7. Adjust dentures extra-orally
8. Remove excess cement from surfaces of teeth with a hand instrument (broader definition of current duty)

Ultrasonic Scaling and Pit and Fissure Sealants

RDAs will continue to be allowed to perform ultrasonic scaling and apply pit and fissure sealants if the RDA has completed a board-approved course in these duties. New B&P Section 1752.6 will require that RDAs who become licensed on and after January 1, 2010, complete a board-approved course in the application of pit and fissure sealants as a condition of the first renewal that requires CE.

Orthodontic Assistant Permit and Dental Sedation Assistant Permit

Existing RDAs will be allowed to apply for a permit as an Orthodontic Assistant (OA) and/or Dental Sedation Assistant (DSA).

RDAs will be allowed to continue to perform the overlapping OA duties that they are currently allowed to perform without seeking an OA permit (placing ligature ties and archwires, removing orthodontic bands, and removing excess cement from tooth surfaces with a hand instrument), and RDAs applying for an OA permit will not be required to complete further training in such duties.

An RDA may apply for an OA permit or a DSA permit, or both, by completing the applicable board-approved course, and passing a written examination.

An RDA with permits in either orthodontic assisting or dental sedation assisting shall be referred to as an "RDA with orthodontic assistant permit," or "RDA with dental sedation assistant permit," as applicable. Completion of the CE requirements by an RDA who also holds a permit will fulfill the CE for the permit or permits.

Future RDA Licensure Requirements. B&P Section 1752.1 will require that all applicants for RDA licensure on and after January 1, 2010, must have completed a board-approved course in the California Dental Practice Act, an 8-hour board-approved course in infection control, and a course in basic life support within five years prior to application. B&P Section 1752.1 requires that individuals applying after January 1, 2010 must also pass a written examination in Law and Ethics. The 12-month requirement for the work experience pathway to licensure will be changed to 15 months.