reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 3 - Educational Programs › Section 1107 - RDH Course in Periodontal Soft Tissue Curettage, Local Anesthesia, and Nitrous Oxide-Oxygen Analgesia (Sln)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Approval of Course. The Board shall
				approve only those educational courses of instruction in local anesthetic,
				nitrous oxide-oxygen analgesia and periodontal soft tissue curettage that
				continuously meet all course requirements. Continuation of approval will be
				contingent upon compliance with these requirements.
(1) A course in local anesthesia, nitrous
				oxide-oxygen analgesia and periodontal soft tissue curettage is a course that
				provides instruction in the following duties:
(A) Administration of local anesthetic
				agents, infiltration and conductive, limited to the oral cavity;
(B) Administration of nitrous oxide and
				oxygen when used as an analgesic; utilizing fail-safe machines with scavenger
				systems containing no other general anesthetic agents; and
(C) Periodontal soft tissue
				curettage.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 3 - Educational Programs › Section 1108 - Remedial Education

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Approval of Remedial Education Course. The Dental Hygiene Board shall approve
				only those educational courses for remedial education pursuant to section
				1917.3 of the Code that
				continuously meet all course requirements. Each approved course shall be
				subject to review by the Dental Hygiene Board at any time. Continuation of
				approval will be contingent upon compliance with these requirements.
(1) A remedial course shall offer instruction
				in the following skills:
(A) Dental hygiene
				assessment and development, planning and implementation of a dental hygiene
				care plan;
(B) Exploration and
				detection of calculus, and periodontal probing;
(C) Hand and sonic or ultrasonic
				instrumentation to remove plaque biofilm and calculus;
(D) Administration of local anesthesia,
				nitrous oxide oxygen analgesia and performance of soft tissue
				curettage;
(E) Appropriate use of
				materials and devices used in dental hygiene practice; and
(F) Process of developing, reviewing and
				documenting outcomes of treatment and interventions provided to
				patients.
(G) All laws and
				regulations pertaining to the practice of dental hygiene.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 3 - Educational Programs › Section 1109 - Approval of Curriculum Requirements for Radiographic Decision-Making and Interim Therapeutic Restoration Courses for the Registered Dental Hygienist (RDH), Registered Dental Hygienist in Alternative Practice (RDHAP), and Registered Dental Hygienist in Extended Functions (RDHEF)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Dental Hygiene Board of California
				(Board) shall approve only those educational courses in Radiographic
				Decision-Making (RDM) and Interim Therapeutic Restorations (ITR) for the
				Registered Dental Hygienist (RDH), Registered Dental Hygienist in Alternative
				Practice (RDHAP), and Registered Dental Hygienist in Extended Functions (RDHEF)
				pursuant to Sections
				1910.5,
				1921,
				and
				1926.05
				of the Business and Professions Code that continuously meet all course
				requirements. Continuation of approval will be contingent upon compliance with
				these requirements, in addition to the requirements set forth by sections
				1104 through
				1108 of Article 3 regarding
				Educational Programs. Each approved course shall be subject to Board review at
				any time for compliance with curriculum requirements. Course providers shall be
				responsible for notifying the Board in writing of any changes to the course
				content, physical facilities, and faculty within ten (10) days of such
				changes.
(b) Approval of RDM or ITR
				Educational Courses for the Student Enrolled in a Dental Hygiene Educational
				Program (DHEP). To be approved, an educational program shall comply with the
				following requirements:
(1) DHEP RDM Course
				Requirements.
(A) A California DHEP shall
				submit to the Board an "Application for Approval of a Course in Radiographic
				Decision-Making for the Student in a Dental Hygiene Educational Program" DHBC
				RDM-01 (New 07/21), hereby incorporated by reference;
(B) Submit a $300 application fee to the
				Board; and
(C) The course shall be
				sufficient in length for the students to develop competency in making decisions
				regarding which radiographs to expose to facilitate diagnosis and treatment
				planning by a dentist but shall be, at a minimum, four (4) hours in length and
				include didactic, laboratory, and simulated clinical experiences.
(D) New or already approved DHEPs seeking to
				incorporate or offer a stand-alone permit course in RDM shall submit to the
				Board an "Application for Approval of a Course in Radiographic Decision-Making
				for the Student in a Dental Hygiene Educational Program," DHBC RDM-01 (New
				07/21) and a $300 application fee prior to instruction.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 4 - Licensing › Section 1114 - Temporary Licensure (Military Spouses or Partners)

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be
				eligible for a temporary license from the Dental Hygiene Board to practice as a
				registered dental hygienist, a registered dental hygienist in alternative
				practice, or a registered dental hygienist in extended functions pursuant to
				section
				115.6
				of the Business and Professions Code ("Code"), an applicant shall meet all of
				the requirements of this section and section
				115.6 of the Code.
(b) An applicant seeking a temporary license
				to practice as a registered dental hygienist, a registered dental hygienist in
				alternative practice, or a registered dental hygienist in extended functions
				pursuant to 115.6 of the Code shall:
(1)
				Submit a completed application to the Dental Hygiene Board on Form DHBC TEMP-01
				(New 11/2023) "Application for Temporary Licensure to Practice Dental Hygiene
				(Military Spouses/Partners)," which is hereby incorporated by
				reference,
(2) Furnish a full set
				of fingerprints, upon request by the Dental Hygiene Board for use by and
				accessible to the Dental Hygiene Board, in conducting criminal history
				information record checks through the California Department of Justice,
				and
(3) Successfully take and
				complete the supplemental written examination in California Law and Ethics as
				set forth in section
				1121 of this Division.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 4 - Licensing › Section 1117 - Reporting Dental Relationships Between Registered Dental Hygienists in Alternative Practice and Licensed Dentists

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon application for a registered dental
				hygienist in alternative practice (RDHAP) license, the applicant shall provide
				documentation specified in subdivision (f) to the Dental Hygiene Board of
				California (Board) of a relationship with at least one licensed dentist located
				in California for referral, consultation, and emergency services.
(b) An RDHAP shall provide the documentation
				specified in subdivision (f) to the Board of a current relationship with at
				least one licensed dentist for referral, consultation, and emergency services
				at every biennial license renewal.
(c) An RDHAP shall report any termination of
				the existing dentist relationship to the Board within 30 calendar days of the
				termination and provide the documentation specified in subdivision (f) to the
				Board for at least one licensed dentist with whom the new relationship has been
				established for referral, consultation, and emergency services.
(d) At all times during the relationship
				between the RDHAP and the dentist, the dentist's license must be current,
				active, and not under discipline prohibiting practice by the Dental Board of
				California (DBC).
(e) If an RDHAP
				learns that the dentist with whom they have an existing relationship is being
				placed under discipline prohibiting practice by the DBC, the RDHAP shall
				terminate the existing dental relationship and notify the Board within 30
				calendar days of the termination, and shall provide the documentation specified
				in subdivision (f) to the Board with at least one licensed dentist with whom
				the new relationship has been established for referral, consultation, and
				emergency services.
Documentation required to be reported to the Board shall
				  include a completed and signed "Documentation of Registered Dental Hygienist in
				  Alternative Practice (RDHAP) Relationship with Dentist" (Form RDHAP-01 (New
				  07-2021), which is hereby incorporated by reference.
1. New section
				  filed 4-1-2022; operative 7-1-2022 (Register 2022, No. 13).
2.
				  Amendment of section to place it in article 4 filed 11-16-2022; operative
				  1-1-2023 (Register 2022, No. 46). Transmission deadline specified in Government
				  Code section
				  11349.4(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order
				  N-71-20.
Note: Authority cited: Sections
					 1905
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 1930,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 4 - Licensing › Section 1118 - Registered Dental Hygienists in Alternative Practice, Performance of Soft Tissue Curettage and Administration of Local Anesthesia

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A licensed registered dental hygienist in alternative
				  practice (RDHAP) may perform soft tissue curettage and administer local
				  anesthesia in accordance with the provisions of this section. The RDHAP
				  shall:
(a) Consult with a California
				licensed dentist to authorize the use of soft tissue curettage or local
				anesthesia for each patient to be treated by the RDHAP in local anesthesia or
				soft tissue curettage. The consultation shall be documented in the patient's
				chart and include, without limitation, the date of consultation, name of
				consulting dentist, and the consulting dentist's California license
				number.
(b) Have the physical
				presence on the premises of one additional individual trained in basic life
				support and qualified to administer cardiopulmonary resuscitation during an
				emergency when soft tissue curettage or local anesthesia administration will
				take place. For the purpose of section
				1926.01(b)"immediately
				available" means physical presence.
(c) Have access to portable oxygen
				administration equipment to assist with administration of basic life
				support.
1. New article
				  4 (section
				  1118) and section filed 2-10-2022;
				  operative 4-1-2022 (Register 2022, No. 6).
Note: Authority cited: Sections
					 1905
					 and
					 1906,
					 Business and Professions Code. Reference: Sections
					 1926.01
					 and
					 1684.5,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 4 - Licensing › Section 1119 - Retired Licensure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				A retired license shall be issued to a registered dental hygienist (RDH),
				registered dental hygienist in alternative practice (RDHAP), or registered
				dental hygienist in extended functions (RDHEF) if the licensee meets the
				following requirements:
(1) Holds an active
				license or an inactive license that was not placed on inactive status as a
				result of revocation or suspension;
(2) Submits to the Board a completed
				"Application for a Retired RDH, RDHAP, or RDHEF License" DHBC RLC-01 (New
				11/20), hereby incorporated by reference; and
(3) Submits an $80 fee to the
				Board.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 6 - Examinations › Section 1121 - Dental Hygiene Written Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to issuance of a license, an applicant for licensure as
				  an RDH, RDHAP or RDHEF shall successfully take and complete a supplemental
				  written examination in California Law and Ethics.
(a) Each examination shall be specific for
				the RDH, RDHAP or RDHEF license, and
(b) shall test the applicant's knowledge of
				California law as it relates to the specific dental hygiene practice and the
				applicant's ability to recognize and apply ethical principles.
(c) An applicant shall be deemed to have
				passed the examination with a minimum score of seventy-five percent
				(75%).
1. New article
				  6 (sections
				  1121-1127) and section filed
				  6-7-2016; operative 10-1-2016 (Register 2016, No.
				  24).
Note: Authority cited: Section
					 1905,
					 Business and Professions Code. Reference: Sections
					 1917,
					 1918
					 and
					 1922,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 6 - Examinations › Section 1122 - General Procedures for the Dental Hygiene Board of California Written Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				An applicant shall be able to read and interpret instructions and examination
				materials.
(b) An applicant may be
				dismissed from the entire examination for engaging in conduct listed in Section
				123
				of the Business and Professions Code.
1. New section
				  filed 6-7-2016; operative 10-1-2016 (Register 2016, No. 24).
2.
				  Change without regulatory effect amending section heading filed 5-10-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Sections
					 123,
					 496,
					 1905
					 and
					 1917,
					 Business and Professions Code. Reference: Sections
					 123,
					 496,
					 1905
					 and
					 1917,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 6 - Examinations › Section 1124 - General Procedures for the Dental Hygiene Board of California Clinical Examination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Each applicant shall furnish patients, instruments, and materials needed to
				take and complete the clinical examination.
(b) A patient provided by an applicant must
				be at least eighteen (18) years of age and shall be in a health condition
				acceptable for dental hygiene treatment. If conditions indicate a need to
				consult the patient's physician or for the patient to be pre-medicated, the
				applicant must obtain the necessary written medical clearance and/or evidence
				of premedication before the patient will be accepted. The examiners may, in
				their discretion, reject a patient who in the opinion of at least two examiners
				has a condition that interferes with evaluation or that may be hazardous to the
				patient, other patients, applicants or examiners. A hazardous condition
				includes, but is not limited to, acute symptomatic hepatitis, active herpetic
				lesions, acute periodontal or periapical abscesses, or necrotizing ulcerative
				gingivitis. Whenever a patient is rejected, the reason for such rejection shall
				be noted on the examination record and shall be signed by both rejecting
				examiners.
(c) It is the
				applicant's responsibility to provide an interpreter, if necessary, to complete
				the medical history and consent form for non-English speaking patients. An
				interpreter will be allowed in the grading area only if requested by an
				examiner.
(d) No person shall be
				admitted to an examination clinic unless he or she is wearing an identification
				badge.
(e) An applicant may be
				dismissed from the entire examination for engaging in conduct listed in Section
				123
				of the Business and Professions Code.
1. New section
				  filed 6-7-2016; operative 10-1-2016 (Register 2016, No. 24).
2.
				  Change without regulatory effect amending section heading filed 5-10-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Sections
					 123,
					 1905
					 and
					 1917,
					 Business and Professions Code. Reference: Sections
					 123,
					 1905
					 and
					 1917,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 6 - Examinations › Section 1126 - Conduct of Dental Hygiene Board of California Clinical Examinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Examinations shall be anonymous. An anonymous examination is
				  one conducted in accordance with procedures, including but not limited to those
				  set forth below, which ensure and preserve anonymity of applicants.
(a) The Dental Hygiene Board shall randomly
				assign each applicant a number for identification purposes throughout the
				entire examination.
(b) Grading
				examiners shall not view applicants during the performance of the examination
				assignments. To be considered for appointment as a grading examiner, a licensee
				shall be a California licensed RDH, RDHAP, or RDHEF with an active license for
				a minimum of five years and has not been subject to discipline within the
				preceding five years.
(c) There
				shall be no communications between grading examiners and clinic supervisors
				except for oral communications conducted in the presence of Dental Hygiene
				Board staff. There shall be no communication between grading examiners and
				applicants except written communications.
1. New section
				  filed 6-7-2016; operative 10-1-2016 (Register 2016, No. 24).
2.
				  Change without regulatory effect amending section heading and subsections (a)
				  and (c) filed 5-10-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Sections
					 1905
					 and
					 1917,
					 Business and Professions Code. Reference: Sections
					 1905
					 and
					 1917,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 6 - Examinations › Section 1127 - Dental Hygiene Board of California Clinical Examination Review Procedures; Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				applicant who has failed an examination shall be provided with notice, upon
				written request, of those areas in which he or she is deficient.
(b) An unsuccessful applicant who has been
				informed of the areas of deficiency in his or her performance on the
				examination and who has determined that one or more of the following errors was
				made during the course of his or her examination and grading may appeal to the
				Dental Hygiene Board within sixty (60) days following receipt of his or her
				examination results:
(1) Significant
				procedural error in the examination process;
(2) Evidence of adverse
				discrimination;
(3) Evidence of
				substantial disadvantage to the applicant.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 7 - General Rules Regarding Fingerprint Requirements › Section 1131 - Response to Board Inquiry

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Dental Hygiene Board or its designee asks a licensee
				  to provide criminal history information, a licensee shall respond to that
				  request within 30 days. The licensee shall make available all documents and
				  other records requested and shall respond with accurate
				  information.
1. New
				  division 11, article 7 (sections
				  1131-1132) and section filed
				  4-28-2011; operative 7-1-2011 (Register 2011, No. 17). For prior history of
				  division 11 (sections
				  1100-1171), see Register 74, No.
				  13 and Register 76, No. 37.
2. Change without regulatory effect
				  amending section heading and section filed 5-10-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 1916
					 and
					 1950,
					 Business and Professions Code; and Section
					 11105, Penal
					 Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 7 - General Rules Regarding Fingerprint Requirements › Section 1132 - Fingerprint and Disclosure Requirements for Renewal of License

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition of renewal for a license,
				a licensee who was initially licensed prior to January 1, 1994, or for whom an
				electronic record of the submission of fingerprints no longer exists, shall
				furnish to the Department of Justice a full set of electronic fingerprints for
				the purpose of conducting a criminal history record check and to undergo a
				state and federal level criminal offender record information search conducted
				through the Department of Justice.
(1) The
				licensee shall pay any costs for furnishing the fingerprints and conducting the
				searches.
(2) As a condition of
				renewal, a licensee shall certify whether his or her fingerprints have been
				furnished to the Department of Justice in compliance with this
				section.
(3) This requirement is
				waived if the licensee has an inactive license or is actively serving in the
				military outside the country.
(4) A
				licensee shall retain, for at least three years from the renewal date, either a
				receipt showing the electronic transmission of his or her fingerprints to the
				Department of Justice or a receipt evidencing that the licensee's fingerprints
				were taken.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 8 - Minimum Standards for Infection Control › Section 1133 - Minimum Standards for Infection Control

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Licensees shall comply with the Minimum Standards for
				  Infection Control as set forth in section
				  1005, title 16, California Code of
				  Regulations.
1. New article
				  8 (section
				  1133) and section filed 6-7-2016;
				  operative 10-1-2016 (Register 2016, No. 24).
Note: Authority cited: Section
					 1905,
					 Business and Professions Code. Reference: Section
					 1905,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 10 - Denials, Discipline, and Reinstatement › Section 1135 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of the denial,
				suspension or revocation of a license pursuant to Section
				141, Division 1.5 (commencing with
				Section 475), or Sections
				1950,
				1950.5, or
				1952 of the Code, a crime,
				professional misconduct, or act shall be considered to be substantially related
				to the qualifications, functions or duties of a dental hygienist, dental
				hygienist in alternative practice, or a dental hygienist in extended functions
				if, to a substantial degree, it evidences present or potential unfitness of a
				person holding a license to perform the functions authorized by the license in
				a manner consistent with the public health, safety or welfare.
(b) In making the substantial relationship
				determination required under subdivision (a) for a crime, the Dental Hygiene
				Board of California (Board) shall consider the following criteria:
(1) The nature and gravity of the
				offense;
(2) The number of years
				elapsed since the date of the offense; and
(3) The nature and duties of a dental
				hygienist, dental hygienist in alternative practice, or a dental hygienist in
				extended functions;
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 10 - Denials, Discipline, and Reinstatement › Section 1136 - Rehabilitation Criteria for Denials and Reinstatements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the denial of a license
				under Section
				480 of the Code on the ground that
				the applicant has been convicted of a crime, the Dental Hygiene Board of
				California (Board) shall consider whether the applicant made a showing of
				rehabilitation, if the applicant completed the criminal sentence at issue
				without a violation of parole or probation. In making this determination, the
				Board shall consider the following criteria:
(1) The nature and gravity of the crime(s)
				under consideration.
(2) The
				length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				applicant's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 10 - Denials, Discipline, and Reinstatement › Section 1137 - Rehabilitation Criteria for Suspensions and Revocations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When considering the suspension or
				revocation of a license issued by the Dental Hygiene Board of California
				(Board) under Section
				490 of the Code on the ground that
				a person holding a license as a registered dental hygienist, registered dental
				hygienist in alternative practice, or registered dental hygienist in extended
				functions has been convicted of a crime, the Board shall consider whether the
				licensee made a showing of rehabilitation, if the licensee completed the
				criminal sentence at issue without a violation of parole or probation. In
				making this determination, the Board shall consider the following criteria:
(1) The nature and gravity of the crime(s)
				under consideration.
(2) The
				length(s) of the applicable parole or probation period(s).
(3) The extent to which the applicable parole
				or probation period was shortened or lengthened, and the reason(s) the period
				was modified.
(4) The terms or
				conditions of parole or probation and the extent to which they bear on the
				licensee's rehabilitation.
(5) The
				extent to which the terms or conditions of parole or probation were modified,
				and the reason(s) for modification.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 10 - Denials, Discipline, and Reinstatement › Section 1138 - Uniform Standards Related to Substance Abuse and Disciplinary Guidelines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In reaching a decision on a disciplinary action under the
				  Administrative Procedure Act (Section
				  11400 et seq. of the Government
				  Code) the Dental Hygiene Board shall comply with the "Uniform Standards Related
				  to Substance Abuse and Disciplinary Guidelines" dated April 2012 that are
				  hereby incorporated by reference. Deviation from the Disciplinary Guidelines,
				  including the standard terms of probation, is appropriate where the Dental
				  Hygiene Board, in its sole discretion, determines that the facts of the
				  particular case warrant such a deviation. However, neither the Dental Hygiene
				  Board nor an administrative law judge may impose any conditions or terms of
				  probation that are less restrictive than the Uniform Standards Related to
				  Substance Abuse. The Disciplinary Guidelines apply to all disciplinary matters;
				  the Uniform Standards describe the consequences that apply to a substance
				  abusing licensee. If a licensee has not been identified as a substance abusing
				  licensee, for example, through stipulation, in a case involving drugs or
				  alcohol, a clinical diagnostic evaluation shall be ordered and the remaining
				  provisions of the uniform standards may be made contingent at the discretion of
				  the Dental Hygiene Board (DHBC) upon a clinical diagnostic evaluator's report
				  that the licensee has a substance abuse problem. The clinical diagnostic
				  evaluation report shall be submitted in its entirety to the Dental Hygiene
				  Board.
1. New article
				  10 (section
				  1138) and section filed 1-16-2014;
				  operative 1-16-2014 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2014, No. 3).
2. Relocation of article 10 heading from
				  section 1138 to new section
				  1135 filed 2-5-2021; operative
				  2-5-2021 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2021, No. 6). Filing deadline specified in Government Code section
				  11349.3(a)
				  extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
				  60 calendar days pursuant to Executive Order N-71-20.
3. Change
				  without regulatory effect amending section filed 5-10-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Sections
					 315,
					 315.4,
					 1905
					 and
					 1906,
					 Business and Professions Code; and Section
					 11400.20,
					 Government Code. Reference: Sections
					 315,
					 315.2,
					 315.4,
					 1947,
					 1949,
					 1950
					 and
					 1950.5,
					 Business and Professions Code; and Sections
					 11400.20
					 and
					 11425.50(e),
					 Government Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 10 - Denials, Discipline, and Reinstatement › Section 1138.1 - Unprofessional Conduct

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the conduct described in Sections
				  1950.5 and
				  1955 of the Code, "unprofessional
				  conduct" also includes, but is not limited to, the following:
(a) A licensee's failure to provide to the
				Dental Hygiene Board of California (Board), as directed, lawfully requested
				copies of documents within 15 calendar days of receipt of the request or within
				the time specified in the request, whichever is later, unless the licensee is
				unable to provide the documents within this time period for good cause,
				including but not limited to, physical inability to access the records in the
				time allowed due to illness or travel. This subdivision shall not apply to a
				licensee who does not have access to or control over the documents.
(b) Failure to cooperate or participate in
				any Board investigation pending against the licensee. This subdivision shall
				not be construed to deprive a licensee of any privilege guaranteed by the Fifth
				Amendment to the Constitution of the United States, or any other constitutional
				or statutory privileges. This subdivision shall not be construed to require a
				licensee to cooperate with a request that would require the licensee to waive
				any constitutional or statutory privilege or to comply with a request for
				information or other matters within an unreasonable period of time in light of
				the time constraints of the licensee's practice. Any valid exercise by a
				licensee of any constitutional or statutory privilege shall not be used against
				the licensee in an administrative or disciplinary proceeding against the
				licensee.
(c) Failure to report to
				the Board in writing, within 30 calendar days, any of the following:
(1) The conviction of the licensee, including
				any verdict of guilty, or pleas of guilty or no contest, of any felony or
				misdemeanor.
(2) Any final
				disciplinary action taken by another licensing entity or authority of this
				state or of another state or an agency of the federal government or the United
				States military.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1139 - Issuance of Citations and Fines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Executive Officer of the Dental
				Hygiene Board or his or her designee may issue a citation containing an order
				to pay a fine not to exceed $5,000 and an order of abatement against a licensee
				for any violation of Division 11 of Title 16 of the California Code of
				Regulations or any laws governing the practice of dental hygiene. A citation
				may be issued without either the assessment of a fine, or an order of abatement
				when determined by the Executive Officer or his or her designee.
(b) Each citation issued pursuant to
				subdivision (a) of this section or pursuant to Section
				1141 shall be in writing and shall
				describe with particularity the nature and facts of each violation specified in
				the citation, including a reference to the law or regulation alleged to have
				been violated.
(c) The citation
				issued pursuant to subdivision (a) of this section or pursuant to Section
				1141 shall be served upon the
				cited person either personally or by certified United States mail.
1. New article
				  11 (sections
				  1139-1144) and section filed
				  11-14-2012; operative 12-14-2012 (Register 2012, No. 46).
2. Change
				  without regulatory effect amending section filed 5-10-2022 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1140 - Criteria to be Considered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the issuance of any citation, the following factors shall
				  be considered:
(a) Nature and severity
				of the violation.
(b) Length of
				time that has passed since the date of the violation.
(c) Consequences of the violation, including
				potential or actual patient harm.
(d) History of previous violations of the
				same or similar nature.
(e)
				Evidence that the violation was willful.
(f) Gravity of the violation.
(g) The extent to which the cited person has
				remediated any knowledge or skill deficiencies, which could have injured a
				patient.
1. New section
				  filed 11-14-2012; operative 12-14-2012 (Register 2012, No.
				  46).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1141 - Citations for Unlicensed Practice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Officer or his or her designee may issue a
				  citation against any unlicensed person who is acting in the capacity of a
				  licensee and who is not otherwise exempt from licensure. Each citation may
				  contain an order of abatement fixing a reasonable period of time for an
				  abatement and an order to pay a fine not to exceed $5,000 per occurrence of a
				  violation. Any sanction authorized for activity under this section shall be
				  separate from and in addition to any other administrative, civil or criminal
				  remedies.
1. New section
				  filed 11-14-2012; operative 12-14-2012 (Register 2012, No.
				  46).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1142 - Contested Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The citation shall inform the cited person that if he or she desires a hearing
				to contest the finding of a violation, that hearing shall be requested by
				written notice to the Dental Hygiene Board within 30 calendar days of the date
				of issuance of the citation. Hearings shall be held pursuant to the provisions
				of Chapter 5 (commencing with Section
				11500) of Part 1 of Division 3 of
				Title 2 of the Government Code.
(b)
				In addition or as an alternative to requesting a hearing provided for in
				subdivision (a) of this section, the cited person may, within 14 calendar days
				after service of the citation, submit a written request to the Dental Hygiene
				Board for an informal conference with the Executive Officer.
(c) The Executive Officer or his or her
				designee shall, within 30 calendar days from receipt of the written request for
				an informal conference pursuant to subdivision (b) of this section, hold an
				informal conference with the person cited and or his or her legal counsel or
				authorized representative, if any, unless continued for good cause.
(d) The Executive Officer or his or her
				designee may affirm, modify or dismiss the citation at the conclusion of the
				informal conference. A written decision stating the reasons for the decision
				shall be mailed to the cited person and his or her legal counsel, if any,
				within 14 calendar days from the date of the informal conference. This decision
				shall be deemed to be a final order with regard to the informal conference
				procedure.
(1) If the citation, including any
				administrative fine levied or order of abatement, is dismissed, the request for
				a hearing shall be deemed withdrawn.
(2) If the citation, including any
				administrative fine levied or order of abatement, is affirmed, the cited person
				may, in his or her discretion, withdraw the request for a hearing or proceed
				with the administrative hearing process as set forth in subdivision (a). An
				informal citation conference shall not be held on affirmed citations.
(3) If the citation, including any
				administrative fine levied or order of abatement, is modified, the citation
				originally issued shall be considered withdrawn and a new citation issued. If a
				cited person wishes to contest a modified citation, the cited person shall,
				within 30 calendar days after issuance of the modified citation, contest it by
				submitting a written request for an administrative hearing, as provided for in
				subdivision (b)(4) of Section
				125.9 of the Code, to the Dental
				Hygiene Board. An informal citation conference shall not be held on modified
				citations.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1143 - Compliance with Citation/Order of Abatement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a cited person who has been issued an
				order of abatement is unable to complete the correction within the time set
				forth in the citation because of conditions beyond his or her control after the
				exercise of reasonable diligence, the person cited may request an extension of
				time from the Executive Officer or his or her designee in which to complete the
				correction. Such a request shall be in writing and shall be made within the
				time set forth for abatement.
(b)
				When a citation or order of abatement is not contested or if the order is
				appealed and the person cited does not prevail, failure to abate the violation
				within the time allowed or pay the fine that is imposed, if one was, shall
				constitute a violation and a failure to comply with the citation or order of
				abatement.
(c) Failure to timely
				comply with an order of abatement or pay a fine that is imposed is
				unprofessional conduct and may result in disciplinary action being taken by the
				Dental Hygiene Board in addition to other remedies.
1. New section
				  filed 11-14-2012; operative 12-14-2012 (Register 2012, No. 46).
2.
				  Change without regulatory effect amending subsection (c) filed 5-10-2022
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2022, No. 19).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 11 - Citation and Fines › Section 1144 - Disclosure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The issuance and disposition of a citation shall be
				  public.
1. New section
				  filed 11-14-2012; operative 12-14-2012 (Register 2012, No.
				  46).
Note: Authority cited: Section
					 1906,
					 Business and Professions Code. Reference: Sections
					 125.9
					 and
					 148,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 13 - Sponsored Free Health Care Events-Requirements for Exemption [Repealed] › Section 1149 - Definitions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article
				  13 (sections
				  1149-1153) and section filed
				  4-10-2013; operative 4-10-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 15).
2. Change without regulatory effect
				  repealing article 13 (sections
				  1149-1153) and section filed
				  7-27-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 31).
Note: Authority cited: Sections
					 901
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 13 - Sponsored Free Health Care Events-Requirements for Exemption [Repealed] › Section 1150 - Sponsoring Entity Registration and Recordkeeping Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-10-2013; operative 4-10-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 15).
2. Change without regulatory effect
				  amending subsections (a) and (b) filed 8-18-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 34).
3. Change without regulatory
				  effect repealing section filed 7-27-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 31).
Note: Authority cited: Sections
					 901
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 13 - Sponsored Free Health Care Events-Requirements for Exemption [Repealed] › Section 1151 - Out-of-State Practitioner Authorization to Participate in Sponsored Event. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-10-2013; operative 4-10-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 15).
2. Change without regulatory effect
				  repealing section filed 7-27-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 31).
Note: Authority cited: Sections
					 901
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 13 - Sponsored Free Health Care Events-Requirements for Exemption [Repealed] › Section 1152 - Termination of Authorization and Appeal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-10-2013; operative 4-10-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 15).
2. Change without regulatory effect
				  repealing section filed 7-27-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 31).
Note: Authority cited: Sections
					 901
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 11 - Dental Hygiene Board of California › Article 13 - Sponsored Free Health Care Events-Requirements for Exemption [Repealed] › Section 1153 - Additional Practice Requirements for Out-of-State Practitioners Authorized to Participate in Sponsored Free Health Care Events. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 4-10-2013; operative 4-10-2013 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2013, No. 15).
2. Change without regulatory effect
				  repealing section filed 7-27-2020 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2020, No. 31).
Note: Authority cited: Sections
					 901
					 and
					 1906,
					 Business and Professions Code. Reference: Section
					 901,
					 Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 12 - Cemetery and Funeral Bureau › Article 1 - General Provisions › Section 1200 - Location of Offices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
				  filed 11-14-57; effective thirtieth day thereafter (Register 57, No.
				  20).
2. Amendment of NOTE filed 6-17-77; effective thirtieth day
				  thereafter (Register 77, No. 25).
3. Repealer filed 7-3-86;
				  effective thirtieth day thereafter (Register 86, No. 27).
4. Change
				  without regulatory effect amending division heading filed 9-22-2011 pursuant to
				  section 100, title 1, California Code of
				  Regulations (Register 2011, No. 38).
Note: Authority cited: Section
					 7606,
					 Business and Professions Code. Reference: Sections
					 7735-
					 7742,
					 Business and Professions Code.