California Assembly Bill AB178 Amended / Bill

 BILL NUMBER: AB 178AMENDED BILL TEXT AMENDED IN SENATE AUGUST 31, 2015 AMENDED IN SENATE JUNE 24, 2015 AMENDED IN ASSEMBLY MAY 4, 2015 AMENDED IN ASSEMBLY APRIL 22, 2015 AMENDED IN ASSEMBLY MARCH 3, 2015 INTRODUCED BY Assembly Member Bonilla (Principal coauthor: Senator Hill) JANUARY 26, 2015 An act to amend Section 2847  of, to amend, repeal, and add Section 1752.1 of, to add and repeal Sections 2847.5 and 2858.5 of, and to repeal and add Section 1752.3 of,   of  the Business and Professions Code, relating to healing arts, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 178, as amended, Bonilla. Board of Vocational Nursing and Psychiatric Technicians of the State of California: executive  officer: enforcement program monitor.   officer.   (1) The Dental Practice Act authorizes the Dental Board of California to license a person as a registered dental assistant if he or she meets certain requirements, including a written and practical examination.   This bill, until July 1, 2017, would remove that practical examination requirement. The bill would require the Dental Board of California, in consultation with the Office of Professional Examination Services, to determine on or before July 1, 2017, whether a practical examination is necessary to demonstrate the competency of registered dental assistants and to submit that determination to the appropriate policy committees of the Legislature by that date, as specified. The bill would make related conforming changes.   (2) Existing   Existing  law, the Vocational Nursing Practice Act and the Psychiatric Technicians Law, provides for the licensure and regulation of vocational nurses and psychiatric technicians by the Board of Vocational Nursing and Psychiatric Technicians of the State of California and requires the  board,   board to,  among other things,  to  appoint an executive  officer.   officer, who is a licensed vocational nurse, registered nurse, or psychiatric   technician.  Existing law repeals that requirement on January 1, 2016.  Existing law requires the executive officer to be a licensed vocational nurse, registered nurse, or psychiatric technician.  This bill would  extend the repeal date requiring the board to appoint an executive officer to January 1, 2018. The bill would  remove the requirement that the executive officer be a licensed vocational nurse, registered nurse, or psychiatric technician.  (3) Existing law authorizes the Director of Consumer Affairs to investigate the work of the boards within the Department of Consumer Affairs, obtain a copy of the records of official matters in possession of the boards, and require reports from the boards as the director deems reasonably necessary. Existing law requires the director to provide certain reports to the Legislature, including, but not limited to, a copy of an independent review of the Bureau for Private Postsecondary Education's staffing resources needs and requirements. Existing law also makes a violation of the Vocational Nursing Practice Act or the Psychiatric Technicians Law a crime.   This bill would require the director to appoint an enforcement program monitor no later than October 1, 2015. The bill would require the program monitor to monitor and evaluate the vocational nursing and psychiatric technician system and procedures for a period of no more than 2 years, as specified, submit a report of his or her findings and conclusions to the Legislature, the department, and the board by April 1, 2016, subsequent reports by October 1, 2016, and February 1, 2017, and a final report by August 1, 2017. The bill would require the board and its staff to cooperate with the program monitor. The bill would also require the department's internal audit unit to review the board's staffing resources needs and requirements, and require the director to provide the Legislature with a copy of the review no later than October 1, 2016. The bill would repeal these provisions on January 1, 2018. By expanding the scope of a crime, this bill would impose a state-mandated local program.   The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. Appropriation: no. Fiscal committee:  yes   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 1752.1 of the Business and Professions Code is amended to read: 1752.1. (a) The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements: (1) Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written examination administered by the board. (2) For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board. (3) For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written examination administered by the board. (b) For purposes of this section, "satisfactory work experience" means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application. (c) The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the program's curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section. (d) In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations. (e) In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following: (1) A board-approved course in the Dental Practice Act. (2) A board-approved course in infection control. (3) A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent. (f) A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following: (1) Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable. (2) Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit. (g) A registered dental assistant 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. These terms shall be used for reference purposes only and do not create additional categories of licensure. (h) Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits. (i) The board shall, in consultation with the Office of Professional Examination Services, conduct a review to determine whether a practical examination is necessary to demonstrate competency of registered dental assistants, and if so, how this examination should be developed and administered. The board shall submit its review and determination to the appropriate policy committees of the Legislature on or before July 1, 2017. (j) This section shall remain in effect only until July 1, 2017, and as of that date is repealed, unless a later enacted statute, that is enacted before July 1, 2017, deletes or extends that date.   SEC. 2.   Section 1752.1 is added to the Business and Professions Code, to read: 1752.1. (a) The board may license as a registered dental assistant a person who files an application and submits written evidence, satisfactory to the board, of one of the following eligibility requirements: (1) Graduation from an educational program in registered dental assisting approved by the board, and satisfactory performance on a written and practical examination administered by the board. (2) For individuals applying prior to January 1, 2010, evidence of completion of satisfactory work experience of at least 12 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board. (3) For individuals applying on or after January 1, 2010, evidence of completion of satisfactory work experience of at least 15 months as a dental assistant in California or another state and satisfactory performance on a written and practical examination administered by the board. (b) For purposes of this section, "satisfactory work experience" means performance of the duties specified in Section 1750.1 in a competent manner as determined by the employing dentist, who shall certify to such satisfactory work experience in the application. (c) The board shall give credit toward the work experience referred to in this section to persons who have graduated from a dental assisting program in a postsecondary institution approved by the State Department of Education or in a secondary institution, regional occupational center, or regional occupational program, that are not, however, approved by the board pursuant to subdivision (a). The credit shall equal the total weeks spent in classroom training and internship on a week-for-week basis. The board, in cooperation with the Superintendent of Public Instruction, shall establish the minimum criteria for the curriculum of nonboard-approved programs. Additionally, the board shall notify those programs only if the program's curriculum does not meet established minimum criteria, as established for board-approved registered dental assistant programs, except any requirement that the program be given in a postsecondary institution. Graduates of programs not meeting established minimum criteria shall not qualify for satisfactory work experience as defined by this section. (d) In addition to the requirements specified in subdivision (a), each applicant for registered dental assistant licensure on or after July 1, 2002, shall provide evidence of having successfully completed board-approved courses in radiation safety and coronal polishing as a condition of licensure. The length and content of the courses shall be governed by applicable board regulations. (e) In addition to the requirements specified in subdivisions (a) and (d), individuals applying for registered dental assistant licensure on or after January 1, 2010, shall demonstrate satisfactory performance on a written examination in law and ethics administered by the board and shall provide written evidence of successful completion within five years prior to application of all of the following: (1) A board-approved course in the Dental Practice Act. (2) A board-approved course in infection control. (3) A course in basic life support offered by an instructor approved by the American Red Cross or the American Heart Association, or any other course approved by the board as equivalent. (f) A registered dental assistant may apply for an orthodontic assistant permit or a dental sedation assistant permit, or both, by submitting written evidence of the following: (1) Successful completion of a board-approved orthodontic assistant or dental sedation assistant course, as applicable. (2) Passage of a written examination administered by the board that shall encompass the knowledge, skills, and abilities necessary to competently perform the duties of the particular permit. (g) A registered dental assistant 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. These terms shall be used for reference purposes only and do not create additional categories of licensure. (h) Completion of the continuing education requirements established by the board pursuant to Section 1645 by a registered dental assistant who also holds a permit as an orthodontic assistant or dental sedation assistant shall fulfill the continuing education requirements for the permit or permits. (i) This section shall become operative on July 1, 2017.   SEC. 3.   Section 1752.3 of the Business and Professions Code is repealed.   SEC. 4.  Section 1752.3 is added to the Business and Professions Code, to read: 1752.3. (a) On and after January 1, 2010, the written examination for registered dental assistant licensure required by Section 1752.1 shall comply with Section 139. (b) On and after January 1, 2010, the practical examination for registered dental assistant licensure required by Section 1752.1 shall consist of three of the procedures described in paragraphs (1) to (4), inclusive. The specific procedures shall be assigned by the board, after considering recommendations of its Dental Assisting Council, and shall be graded by examiners appointed by the board. The procedures shall be performed on a fully articulated maxillary and mandibular typodont secured with a bench clamp. Each applicant shall furnish the required materials necessary to complete the examination. (1) Place a base or liner. (2) Place, adjust, and finish a direct provisional restoration. (3) Fabricate and adjust an indirect provisional restoration. (4) Cement an indirect provisional restoration. (c) This section shall become operative on July 1, 2017.   SEC. 5.   SECTION 1.  Section 2847 of the Business and Professions Code is amended to read: 2847. (a) The board shall select an executive officer who shall perform duties as are delegated by the board and who shall be responsible to it for the accomplishment of those duties. The executive officer shall not be a member of the board. (b) With the approval of the Director of Finance, the board shall fix the salary of the executive officer. (c) The executive officer shall be entitled to traveling and other necessary expenses in the performance of his or her duties. He or she shall make a statement, certified before a duly authorized person, that the expenses have been actually incurred. (d) This section shall remain in effect only until January 1,  2018,   2016,  and as of that date is repealed.  SEC. 6.   Section 2847.5 is added to the Business and Professions Code, to read: 2847.5. (a) (1) The director shall appoint an enforcement program monitor no later than October 1, 2015. The director may retain a person for this position by a personal services contract. In this connection, the Legislature finds, pursuant to Section 19130 of the Government Code, that this is a new state function. (2) The director shall supervise the enforcement program monitor and may terminate or dismiss him or her from this position. (b) (1) The enforcement program monitor shall monitor and evaluate the board's vocational nursing and psychiatric technician disciplinary system and procedures, with specific concentration on improving the overall efficiency and consistency of the enforcement program. The director shall specify further duties of the monitor. (2) The monitoring duty shall be on a continuing basis for a period of no more than two years from the date of the enforcement program monitor's appointment and shall include, but not be limited to, all of the following areas: improving the quality and consistency of complaint processing and investigation, assuring consistency in the application of sanctions or discipline imposed on licensees, the accurate and consistent implementation of the laws and rules affecting discipline, including adhering to CPEI complaint priority guidelines as described in the memorandum dated August 31, 2009, by Brian J. Stiger titled "Complaint Prioritization Guidelines for Health Care Agencies," staff concerns regarding disciplinary matters or procedures, appropriate utilization of licensed professionals to investigate complaints, the board's cooperation with other governmental entities charged with enforcing related laws and regulations regarding vocational nurses and psychiatric technicians. (3) The enforcement program monitor shall exercise no authority over the board's management or staff; however, the board and its staff shall cooperate with him or her, and shall provide data, information, and files as requested by the monitor to perform all of his or her duties. (4) The director shall assist the enforcement program monitor in the performance of his or her duties, and the monitor shall have the same investigative authority as the director. (c) (1) The enforcement program monitor shall submit to the department, the board, and the Legislature an initial written report of his or her findings and conclusions no later than April 1, 2016, and subsequent written reports no later than October 1, 2016, and February 1, 2017, and shall be available to make oral reports to each if requested to do so. The monitor may also provide additional information to either the department or the Legislature at his or her discretion or at the request of either the department or the Legislature. The monitor shall make his or her reports available to the public or the media. The monitor shall make every effort to provide the board with an opportunity to reply to any facts, finding, issues, or conclusions in his or her reports with which the board may disagree. (2) The enforcement program monitor shall issue a final report before August 1, 2017. The final report shall include final findings and conclusions on the topics addressed in the initial report submitted by the monitor pursuant to paragraph (1). (d) The board shall pay for all of the costs associated with the employment of the enforcement program monitor. (e) This section shall become inoperative on October 1, 2017, and as of January 1, 2018, is repealed.   SEC. 7.   Section 2858.5 is added to the Business and Professions Code, to read: 2858.5. (a) The department's internal audit unit shall review the board's staffing resources needs and requirements, and the director shall provide to the Legislature a copy of the review, no later than October 1, 2016. The director shall include with this report an overview of how the director intends to ensure that the board's staff are sufficiently qualified for purposes of implementing the provisions of this chapter and Chapter 10 (commencing with Section 4500), and the estimated costs of meeting staffing and other requirements to implement this chapter and Chapter 10 (commencing with Section 4500) based on findings of the review. The director shall include a brief evaluation of whether the current fee structure is appropriate to satisfy those staffing and other requirements. (b) This section shall remain in effect only until January 1, 2018, and as of that date is repealed.   SEC. 8.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   SEC. 9.   SEC. 2.  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order for the Board of Vocational Nursing and Psychiatric Technicians of the State of California to meet urgent administrative needs, it is necessary that this act take effect immediately.