reglab/statecodes huggingface dataset:
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 2 - General Rules Regarding Fingerprint Requirement › Section 1008 - 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 of a license, a
				  licensee who was initially licensed prior to January 1, 1999, or for whom an
				  electronic record of the submission of fingerprints does not exist, shall
				  furnish to the Department of Justice a full set of 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 is renewed in an inactive status 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 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 3 - Issuance of Substitute Licenses › Section 1012 - Replacement Licenses or Permits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee or permitholder who desires a replacement of their pocket license or
				  wall certificate shall request a substitute from the Board by submitting a
				  completed application to the Board certifying the loss, theft, mutilation or
				  destruction of their pocket license or wall certificate, or a name change
				  requiring issuance of their pocket license or wall certificate in the new name.
				  For the purposes of this section, a completed application shall include a
				  completed "Declaration and Request for Replacement Pocket License or
				  Certificate," LIC-9 (New 5/2023) form, which is hereby incorporated by
				  reference, and the nonrefundable fee for a substitute certificate or pocket
				  license specified in Section
				  1021.
(b) A licensee or permitholder shall be
				  issued a substitute pocket license or wall certificate upon meeting the
				  requirements of this section.
Note: Authority cited: Section 1614, Business and
						Professions Code. Reference: Sections 1614 and 1724, Business and Professions
						Code.
Note: Authority cited: Section
						1614,
						Business and Professions Code. Reference: Section
						1614,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 3 - Issuance of Substitute Licenses › Section 1013 - Change of Name

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever a licentiate requests a change in the name under
					 which he is licensed or presents an order of a court of competent jurisdiction
					 to change his name, the board shall, upon surrender of the original license of
					 said licentiate, issue a substitute license setting forth the name of said
					 licentiate as changed. There shall also be set forth on the substitute license
					 the number of the original license and the name in which it was
					 issued.
Note: Authority cited: Section
						1614,
						Business and Professions Code. Reference: Sections
						1611
						and
						1614,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 3.1 - Radiation Safety Courses › Section 1014 - Approval of Radiation Safety Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A radiation safety course is one which
				  has as its primary purpose providing theory and clinical application in
				  radiographic techniques. A single standard of care shall be maintained and the
				  board shall approve only those courses which continuously maintain a high
				  quality standard of instruction.
(b) A radiation safety course applying for
				  approval shall submit to the board an application and other required documents
				  and information on forms prescribed by the board. The board may approve or deny
				  approval of any such course. Approval may be granted after evaluation of all
				  components of the course has been performed and the report of such evaluation
				  indicates that the course meets the board's requirements. The board may, in
				  lieu of conducting its own investigation, accept the findings of any commission
				  or accreditation agency approved by the board and adopt those findings as its
				  own.
(c) The board may withdraw its
				  approval of a course at any time, after giving the course provider written
				  notice setting forth its reason for withdrawal and after affording a reasonable
				  opportunity to respond. Approval may be withdrawn for failure to comply with
				  the board's standards or for fraud, misrepresentation or violation of any
				  applicable federal or state laws relating to the operation of radiographic
				  equipment.
(d) The processing times
				  for radiation safety course approval are set forth in Section
				  1061.
1. New
					 Article 3.1 (Sections
					 1014 and
					 1014.1) filed 6-13-85; effective
					 upon filing pursuant to Government Code Section
					 11346.2(d)
					 (Register 85, No. 24).
2. Amendment of subsection (b) and new
					 subsection (d) filed 2-22-88; operative 3-23-88 (Register 88, No.
					 10).
3. Amendment of subsection (b) and amendment of NOTE filed
					 10-5-2005; operative 11-4-2005 (Register 2005, No.
					 40).
Note: Authority cited: Sections
						1614
						and
						1656,
						Business and Professions Code. Reference: Section
						1656 Business and Professions
						Code; and Section
						106975,
						Health and Safety Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 3.1 - Radiation Safety Courses › Section 1014.1 - Requirements for Radiation Safety Courses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A radiation safety course shall comply with the
					 requirements set forth below in order to secure and maintain approval by the
					 board. The course of instruction in radiation safety and radiography techniques
					 offered by a school or program approved by the board for instruction in
					 dentistry, dental hygiene or dental assisting shall be deemed to be an approved
					 radiation safety course if the school or program has submitted evidence
					 satisfactory to the board that it meets all the requirements set forth
					 below.
(a) Educational Level. The
				  course shall be established at the postsecondary educational level or a level
				  deemed equivalent thereto by the board.
(b) Program Director. The program director,
				  who may also be an instructor, shall actively participate in and be responsible
				  for at least all of the following:
(1)
				  Providing daily guidance of didactic, laboratory and clinical
				  assignments;
(2) Maintaining all
				  necessary records, including but not limited to the following:
(A) Copies of current curriculum, course
				  outline and objectives;
(B) Faculty
				  credentials;
(C) Individual student
				  records, which shall include pre-clinical and clinical evaluations,
				  examinations and copies of all successfully completed radiographic series used
				  toward course completion. Records shall be maintained for at least five years
				  from the date of course completion.
(3) Issuing certificates to each student who
				  has successfully completed the course and maintaining a record of each
				  certificate for at least five years from the date of its issuance;
(4) Transmitting to the board on a form
				  prescribed by the board the name, last four digits of the social security
				  number and, where applicable, license number of each student who has
				  successfully completed the course;
(5) Informing the board of any significant
				  revisions to the curriculum or course outlines.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1015 - Purposes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board has determined that the public health and safety
					 will be served by requiring all holders of licenses granted by the board under
					 the Code to continue their education after receiving such
					 licenses.
Note: Authority cited: Sections
						1614
						and
						1645,
						Business and Professions Code. Reference: Section
						1645,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1016 - Continuing Education Courses and Providers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Definition of Terms:
(1) Course of Study Defined. "Course of
				  study" means an orderly learning experience in an area of study pertaining to
				  dental and medical health, preventive dental services, diagnosis and treatment
				  planning, clinical procedures, basic health sciences, dental practice
				  management and administration, communication, ethics, patient management or the
				  Dental Practice Act and other laws specifically related to dental
				  practice.
(2) Coursework Defined.
				  The term "Coursework" used herein refers to materials presented or used for
				  continuing education and shall be designed and delivered in a manner that
				  serves to directly enhance the licensee's knowledge, skill and competence in
				  the provision of service to patients or the community.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1016.1 - Processing Times. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 4-4-88; operative 4-4-88 (Register 88, No, 17).
2.
					 Editorial correction of Reference cite (Register 95, No. 30).
3.
					 Repealer filed 3-9-2010; operative 3-9-2010 pursuant to Government Code section
					 11343.4
					 (Register 2010, No. 11).
Note: Authority cited: Section
						1614. Business and Professions
						Code; and Section
						15347,
						Government Code. Reference: Sections
						15347 et seq; Government
						Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1016.2 - Requirements for Basic Life Support Courses for Dental Assistants and Licensure of Registered Dental Assistants, Orthodontic Assistants, and Dental Sedation Assistants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For the purpose of Code sections
				  1750(c)(3),
				  1750.2(a)(3),
				  1750.4(a)(3) and
				  1752.1(e)(3), and
				  for the purpose of licensure renewal, the following are deemed to be equivalent
				  basic life support (BLS) courses to the American Heart Association (AHA) or the
				  American Red Cross (ARC):
(1) A BLS course
				  taught by a provider approved by the American Dental Association's Continuing
				  Education Recognition Program (CERP) or the Academy of General Dentistry's
				  Program Approval for Continuing Education (PACE).
(2) A BLS course taught by a provider
				  approved by the American Safety and Health Institute
				  (ASHI).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1017 - Continuing Education Units Required for Renewal of License or Permit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition
				  of renewal, all licensees are required to complete continuing education as
				  follows:
(1) Two units of continuing
				  education in Infection Control specific to California regulations as defined in
				  Section 1016(b)(1)(A).
(2) Two units of continuing education in the
				  California Dental Practice Act and its related regulations as defined in
				  Section 1016(b)(1)(B).
(3) A maximum of four units of a course in
				  Basic Life Support as specified in Section
				  1016(b)(1)(C).
(4) Only dentists shall be required to
				  complete two units of continuing education on the subjects set forth in
				  1016(b)(1)(D).
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1017.1 - Continued Competency Requirements for Renewal of Permits with Pediatric Endorsements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) As a condition of renewal, each licensee
				  who holds a general anesthesia permit with a pediatric endorsement shall
				  provide documentation to the Board showing completion of at least twenty (20)
				  cases of general anesthesia or deep sedation to pediatric patients as provided
				  in Section
				  1043.8.1, subsections
				  (c)-(d).
(b) As a condition of
				  renewal, each dentist licensee who holds a moderate sedation permit with a
				  pediatric endorsement shall confirm to the Board in writing the following as
				  part of the permit renewal requirements in Section
				  1043.8 ("application"):
(1) Whether the licensee completed at least
				  twenty (20) cases of moderate sedation for children under thirteen (13) years
				  of age in the 24-month time period immediately preceding application for their
				  current permit renewal either independently and/or under the direct supervision
				  of another permit holder;
(2)
				  Whether the licensee completed at least twenty (20) cases of moderate sedation
				  for children under seven years of age in the 24-month time period immediately
				  preceding application for their current permit renewal either independently
				  and/or under the direct supervision of another permit holder, and;
(3) If applicable, if the licensee lacks
				  sufficient cases, whether the licensee is administering moderate sedation to
				  patients under seven years of age only under the direct supervision of a permit
				  holder who meets the qualifications of Section
				  1647.3 of the
				  Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4 - Continuing Education › Section 1017.2 - Inactive Licenses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  licensee who desires an inactive license and who is not currently engaged in
				  any activity for which an active license is required, shall submit a completed
				  Application to Activate/Inactivate License, LIC-6 (New 5/2023) that is
				  incorporated herein by reference.
(b) In order to restore an inactive license
				  to active status, the licensee shall submit a completed Application to
				  Activate/Inactivate License, LIC-6 (New 5/2023) that is incorporated herein by
				  reference, certifying under penalty of perjury that the licensee has completed
				  the required number of hours of approved continuing education in compliance
				  with this article within the last two years preceding such application. In
				  addition, the licensee shall submit a full set of fingerprints as required by
				  Section 1008.
(c) The holder of an inactive license shall
				  continue to pay to the board the required biennial renewal fee specified by
				  Section 1021.
(d) The board shall inform an applicant who
				  wishes to activate/inactivate their license in writing within 30 days whether
				  the application is complete and accepted for filing or is deficient and what
				  specific information is required. The board shall decide within 30 days after
				  the filing of a completed application whether the applicant meets the
				  requirements.
Note: Authority cited: Section 1614, Business and
						Professions Code. Reference: Sections 700-704, 1601.2 and 1629(b), Business and
						Professions Code.
Note: Authority cited: Section
						1614,
						Business and Professions Code. Reference: Sections
						700-
						704,
						1601.2
						and
						1629(b),
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4.5 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1018 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  reaching a decision on a disciplinary action under the Administrative
				  Procedures Act (Government Code Section
				  11400 et
				  seq.), the Dental Board of California shall consider the disciplinary
				  guidelines entitled "Dental Board of California Disciplinary Guidelines With
				  Model Language", revised 08/30/2010 which are hereby incorporated by reference.
				  Deviation from these guidelines and orders, including the standard terms of
				  probation, is appropriate where the Dental Board of California, in its sole
				  discretion, determines that the facts of the particular case warrant such
				  deviation--for example: the presence of mitigating factors; the age of the
				  case; evidentiary problems.
(b)
				  Notwithstanding subsection (a), the Board shall use the uniform standards for
				  substance-abusing licensees as provided in Section
				  1018.01, without deviation, for
				  each individual determined to be a substance-abusing licensee.
(c) Notwithstanding the disciplinary
				  guidelines, any proposed decision issued by an Administrative Law Judge in
				  accordance with Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code that contains any findings of fact that:
(1) the licensee engaged in any act of sexual
				  contact with a patient, client or customer; or,
(2) the licensee has been convicted of or
				  committed a sex offense, shall contain an order revoking the license. The
				  proposed decision shall not contain an order staying the revocation of the
				  license or placing the licensee on probation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4.5 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1018 - Disciplinary Guidelines and Exceptions for Uniform Standards Related to Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  reaching a decision on a disciplinary action under the Administrative
				  Procedures Act (Government Code Section 11400 et seq.), the Board shall
				  consider the disciplinary guidelines entitled "Dental Board of California
				  Disciplinary and Denial Guidelines With Model Language", revised February 9,
				  2024, which are hereby incorporated by reference. Deviation from these
				  guidelines and orders, including the standard terms of probation, is
				  appropriate where the Board, in its sole discretion, determines that the facts
				  of the particular case warrant such deviation -- for example: the presence of
				  mitigating or aggravating factors; the age of the case; evidentiary
				  problems.
(b) Notwithstanding
				  subsection (a), the Board shall use the uniform standards for substance-abusing
				  licensees as provided in Section
				  1018.01, without deviation, for
				  each individual determined to be a substance-abusing licensee.
(c) Notwithstanding the disciplinary
				  guidelines, any proposed decision issued by an Administrative Law Judge in
				  accordance with Chapter 5 (commencing with Section
				  11500) of
				  Part 1 of Division 3 of Title 2 of the Government Code that contains any
				  findings of fact that:
(1) the licensee
				  engaged in any act of sexual contact with a patient, client or customer; or,
(2) the licensee has been
				  convicted of or committed a sex offense, shall contain an order revoking the
				  license. The proposed decision shall not contain an order staying the
				  revocation of the license or placing the licensee on probation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4.5 - Disciplinary Guidelines and Uniform Standards for Substance-Abusing Licensees › Section 1018.01 - Uniform Standards for Substance-Abusing Licensees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If after notice and hearing conducted in
				  accordance with Chapter 5, Part 1, Division 3, Title 2 of the Government Code
				  (commencing with sections
				  11500 et seq.), the Board finds
				  that the evidence establishes that an individual is a substance-abusing
				  licensee, then the terms and conditions contained in the document entitled
				  "Uniform Standards Related to Substance-Abusing Licensees with Standard
				  Language for Probationary Orders," New February 28, 2013, which are hereby
				  incorporated by reference, shall be used in any probationary order of the Board
				  affecting that licensee.
(b)
				  Nothing in this Section shall prohibit the Board from imposing additional terms
				  or conditions of probation that are specific to a particular case or that are
				  derived from the Board's guidelines referenced in Section
				  1018 in any order that the Board
				  determines would provide greater public protection.
1. New
					 section filed 1-7-2014; operative 4-1-2014 (Register 2014, No.
					 2).
Note: Authority cited: Sections
						315,
						315.2,
						315.4
						and
						1614,
						Business and Professions Code. Reference: Sections
						315,
						315.2
						and
						315.4,
						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 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 4.6 - Unprofessional Conduct › Section 1018.05 - Unprofessional Conduct Defined

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to those acts detailed in Business and
					 Professions Code Sections
					 1680,
					 1681
					 and
					 1682,
					 the following shall also constitute unprofessional conduct:
(a) Failure to provide records requested by
				  the Board within 15 days of the date 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. For the
				  purposes of this section, "good cause" includes physical inability to access
				  the records in the time allowed due to illness or travel.
(b) Failure to report to the Board, within 30
				  days, any of the following:
(1) The bringing
				  of an indictment or information charging a felony against the
				  licensee.
(2) The conviction of the
				  licensee, including any verdict of guilty, or pleas of guilty or no contest, of
				  any felony or misdemeanor.
(3) Any
				  disciplinary action taken by another professional licensing entity or authority
				  of this state or of another state or an agency of the federal government or the
				  United States military.
(4) For the
				  purposes of this section, "conviction" means a plea or verdict of guilty or a
				  conviction following a plea of nolo contendere or "no contest" and any
				  conviction that has been set aside or deferred pursuant to Sections
				  1000 or
				  1203.4 of the
				  Penal Code, including infractions, misdemeanors, and felonies. "Conviction"
				  does not include traffic infractions with a fine of less than one thousand
				  dollars ($1,000) unless the infraction involved alcohol or controlled
				  substances.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5 - Criteria for Evaluating Rehabilitation/Substantial Relationship › Section 1018.1 - Criteria for Appointment as Agent of the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For purposes of this article, an Agent of
				  the Board is a licensed dental professional or other licensed health care
				  professional, whom the Board has authorized to perform delegable duties or
				  functions. The Board may appoint an Agent to serve in one or more of the
				  following capacities:
(1) Conduct on-site
				  evaluations to assess the competency of the general anesthesia and moderate
				  sedation permit holders;
(2) Aid in
				  the administration of examinations to determine the competency of applicants
				  for licensure;
(3) Review written
				  statements, dental records, radiographs and other documents to evaluate the
				  quality of care delivered by licensees who are the subject of complaints
				  received by the Board;
(4) Serve on
				  the Examination Committee;
(5)
				  Serve on the Diversion Evaluation Committee;
(6) Testify in criminal court and
				  administrative hearings as an expert witness;
(7) Serve on ad hoc committees created by the
				  Board; and or
(8) Perform any other
				  function which the Board is authorized to delegate to an
				  Agent.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5 - Criteria for Evaluating Rehabilitation/Substantial Relationship › Section 1019 - Substantial Relationship Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the purposes of denial, suspension or
				  revocation of a license of a dentist or dental auxiliary pursuant to Section
				  141, Division 1.5 (commencing with
				  Section 475), or Sections
				  1670.1,
				  1680(e), or
				  1681(c) of the
				  Code, a crime, professional misconduct, or act shall be considered to be
				  substantially related to the qualifications, functions, or duties of a dentist
				  or dental auxiliary if to a substantial degree it evidences present or
				  potential unfitness of a person holding such 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 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 the profession
				  in which the applicant seeks licensure.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5 - Criteria for Evaluating Rehabilitation/Substantial Relationship › Section 1020 - Application Review and Criteria for Evaluating Rehabilitation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) In addition to any other requirements for
				  licensure, when considering the approval of an application, the Board or its
				  designee may require an applicant to be examined by one or more physicians and
				  surgeons or psychologists designated by the Board if it appears that the
				  applicant may be unable to safely practice due to mental illness or physical
				  illness affecting competency. An applicant's failure to comply with the
				  examination requirement shall render his or her application incomplete. The
				  report of the examiners shall be made available to the applicant. The Board
				  shall pay the full cost of such examination. If after receiving the report of
				  evaluation, the Board determines that the applicant is unable to safely
				  practice, the Board may deny the application, or may issue the applicant a
				  license that is placed on probation with terms and conditions. If the Board
				  issues a license on probation, the probationary order shall include an order
				  that the license be revoked, stayed and placed on probation for the entire term
				  of probation. In issuing a license on probation, the Board may consider any or
				  all of the following terms and conditions:
(A) Requiring the licensee to obtain
				  additional training or pass an examination upon completion of training, or
				  both. The examination may be written, oral, or both, and may be a practical or
				  clinical examination or both, at the option of the Board;
(B) Requiring the licensee to submit to a
				  mental or physical examination, or psychotherapy during the term of probation
				  under the terms and conditions provided for in the "Dental Board of California
				  Disciplinary Guidelines With Model Language" revised 08/30/2010, incorporated
				  by reference at Section
				  1018; or
(C) Restricting or limiting the extent, scope
				  or type of practice of the licensee.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.1 - Criteria for Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An applicant shall meet the following criteria for
					 admission to the Impaired Licentiate Program.
(a) Is a California licensed dentist or
				  dental auxiliary.
(b) Resides in
				  California.
(c) Is found to abuse
				  narcotics, dangerous drugs or alcohol in a manner which may affect the
				  licentiate's ability to practice safely or competently.
(d) Has voluntarily requested admission to
				  the program.
(e) Agrees to
				  undertake any medical and/or psychiatric examinations ordered to evaluate the
				  application for participation in the program.
(f) Cooperates with the program by providing
				  medical information, disclosure authorizations and releases of liability as may
				  be necessary for participation in the program.
(g) Agrees in writing to cooperate and comply
				  with all elements of the treatment program designed by a diversion evaluation
				  committee and to bear all the costs of such program.
(h) Has not been convicted of a crime
				  involving the sale of narcotics or dangerous drugs.
1. New
					 Article 5.5 (Sections
					 1020.1-1020.8) filed 10-11-85;
					 effective thirtieth day thereafter (Register 85, No. 41).
2.
					 Repealer of subsection (i) filed 9-10-98; operative 10-10-98 (Register 98, No.
					 37).
Note: Authority cited: Sections
						1614
						and
						1695.5,
						Business and Professions Code. Reference: Sections
						1695.5
						and
						1697,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.2 - Causes for Denial of Admission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A diversion evaluation committee may deny an applicant
					 admission to the program for any of the following reasons:
(a) The applicant does not meet the
				  requirements set forth in Section
				  1020.1.
(b) The committee determines that the
				  applicant will not substantially benefit from participation in the program or
				  that the applicant's participation in the program creates too great a risk to
				  the public health, safety or welfare.
1. Repealer
					 of subsections (b) and (c) and subsection relettering filed 9-10-98; operative
					 10-10-98 (Register 98, No. 37).
Note: Authority cited: Sections
						1614
						and
						1695.5,
						Business and Professions Code. Reference: Section
						1695.5,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.3 - Termination from the Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A diversion evaluation committee may
				  terminate a licentiate's participation in the program for any of the following
				  reasons:
(1) The licentiate has successfully
				  completed the treatment program prescribed by the committee.
(2) The committee votes to terminate
				  participation for one of the following causes:
(A) The licentiate has failed to comply with
				  the treatment program designated by the committee.
(B) The licentiate has failed to comply with
				  any of the requirements set forth in Section
				  1020.1.
(C) Any cause for denial of an applicant set
				  forth in Section
				  1020.2.
(D) The committee determines that the
				  licentiate has not substantially benefited from participation in the program or
				  that the licentiate's continued participation in the program creates too great
				  a risk to the public health, safety or welfare.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.4 - Diversion Evaluation Committee Membership

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A diversion evaluation committee shall
				  consist of six members: three licensed dentists, two public members, and one
				  licensed physician or psychologist.
(b) Each committee member shall have
				  experience or knowledge in the evaluation or management of persons who are
				  impaired due to alcohol or drug abuse.
(c) Each member of the committee shall be
				  appointed by the board and shall serve at the board's pleasure.
1. Amendment
					 of subsection (c) filed 9-10-98; operative 10-10-98 (Register 98, No.
					 37).
2. Amendment filed 7-13-2021; operative 10-1-2021 (Register
					 2021, No. 29).
Note: Authority cited: Sections
						1614
						and
						1695.2,
						Business and Professions Code. Reference: Section
						1695.2,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.5 - Diversion Evaluation Committee Duties and Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A diversion evaluation committee shall have the following
					 duties and responsibilities in addition to those set forth in Section
					 1695.6 of the Code:
(a) To consider recommendations of the
				  program manager and any consultant to the committee;
(b) To set forth in writing for each licensee
				  in a program a treatment and rehabilitation program established for that
				  licensee with the requirements for supervision and surveillance.
Note: Authority cited: Sections
						1614
						and
						1695.6,
						Business and Professions Code. Reference: Section
						1695.6,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.6 - Committee Consultants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Diversion Evaluation Committee (DEC) may utilize one or
					 more chemical dependency treatment service providers or licensed physicians or
					 psychologists who are competent in their field or specialty and who have
					 demonstrated expertise in the diagnosis and treatment of substance
					 abuse.
1. Amendment
					 filed 9-10-98; operative 10-10-98 (Register 98, No.
					 37).
Note: Authority cited: Sections
						1614
						and
						1695.4,
						Business and Professions Code. Reference: Sections
						1695.4
						and
						1695.6,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.7 - Procedure for Review of Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A diversion evaluation committee
				  consultant and/or program manager shall interview each applicant who requests
				  admission to the program.
(b) The
				  consultant shall interview the applicant and initiate such clinical assessments
				  as necessary to determine applicant eligibility to participate in the program.
				  The program manager may request such other information, authorizations, and
				  releases necessary for participation in the program.
(c) The program manager and the consultant
				  who interview and assess the applicant shall each make a recommendation to the
				  committee whether the applicant should be admitted to the program.
(d) The committee's decision on admission to
				  the program shall be final.
1. Amendment
					 filed 9-10-98; operative 10-10-98 (Register 98, No.
					 37).
Note: Authority cited: Sections
						1614
						and
						1695.4,
						Business and Professions Code. Reference: Section
						1695.6,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 5.5 - Impaired Licentiates Program › Section 1020.8 - Confidentiality of Records. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 9-10-98; operative 10-10-98 (Register 98, No.
					 37).
Note: Authority cited: Sections
						1614
						and
						1695.4,
						Business and Professions Code. Reference: Section
						1698,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 6 - Fees › Section 1022 - Dental Auxiliaries

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following fees are fixed for dental auxiliaries
					 licensed by the board:
(a) Registered
				  Dental Assistant (RDA)/Registered Dental Assistant in Extended Functions
				  (RDAEF) Application ..........................$120
(b) Dental Sedation Assistant Permit
				  Application ..........................$120
(c) Orthodontic Assistant Permit Application
				  ..........................$120
(d)
				  RDA Practical Examination or Reexamination
				  ..........................$100
(e)
				  Registered Dental Assistant in Extended Functions
				  Examination.......................... $500
(f) RDA Biennial License Renewal
				  ..........................$100
(g)
				  RDAEF Biennial License Renewal ..........................$100
(h) Dental Sedation Assistant Permit Biennial
				  Renewal ..........................$100
(i) Orthodontic Assistant Permit Biennial
				  Renewal ..........................$100
(j) RDA Delinquency Renewal
				  ..........................$50
(k)
				  RDAEF Delinquency Renewal ..........................$50
(l) Dental Sedation Assistant Permit
				  Delinquency Renewal ..........................$50
(m) Orthodontic Assistant Permit Delinquency
				  Renewal ..........................$50
(n) RDA Program Application
				  ..........................$1400
(o)
				  RDAEF Program Application ..........................$1400
(p) Orthodontic Assistant Permit Course
				  Application ..........................$300
(q) Dental Sedation Assistant Permit Course
				  Application ..........................$300
(r) Infection Control Course Application
				  ..........................$300
(s)
				  Coronal Polish Course Application ..........................$300
(t) Pit & Fissure Sealant Course
				  Application ..........................$300
(u) Radiation Safety Course Application
				  ..........................$300
(v)
				  Ultrasonic Scaling Course Application ..........................$300
(w) Duplicate License/Certification Fee
				  ..........................$50
1. Amendment
					 filed 1-22-86; effective thirtieth day thereafter (Register 86, No.
					 4).
2. Amendment filed 9-18-87; operative 10-18-87 (Register 87, No.
					 39).
3. Amendment filed 8-24-2017; operative 8-24-2017 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2017, No. 34).
Note: Authority cited: Section
						1614,
						Business and Professions Code. Reference: Sections
						1656
						and
						1725,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 7 - Citations › Section 1023 - Citations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive officer of the board may issue a citation to
					 any person who holds a permit or certificate from the board for a violation of
					 any provision or other law enforced by the board.
1. New
					 article 7 and section filed 4-23-93; operative 5-24-93 (Register 93, No.
					 17).
Note: Authority cited: Sections
						125.9
						and
						1614,
						Business and Professions Code. Reference: Section
						125.9,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 7 - Citations › Section 1023.1 - Citation Format

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each citation:
(a)
				  shall be in writing;
(b) shall
				  describe with particularity the nature of the violation, including specific
				  reference to the provision of law determined to have been violated;
(c) may contain in an assessment of an
				  administrative fine, an order of abatement fixing a reasonable period of time
				  for abatement of the violation, or both an administrative fine and an order of
				  abatement;
(d) 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 board
				  within 30 days of the issuance of the citation or assessment;
(e) shall be served upon the licensee
				  personally or by certified mail.
1. New
					 section filed 4-23-93; operative 5-24-93 (Register 93, No.
					 17).
Note: Authority cited: Sections
						125.9
						and
						1614,
						Business and Professions Code. Reference: Section
						125.9,
						Business and Professions Code.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 7 - Citations › Section 1023.2 - Administrative Fines for Citation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where citations issued pursuant to Section
					 125.9 of the code include an
					 assessment of an administrative fine, they shall be classified according to the
					 nature of the violation and shall indicate the classification on the face
					 thereof as follows:
(a) A class "A"
				  violation is a violation which the executive officer has determined involves a
				  person who has violated a statute/regulation, and either:
(1) the violation presents a substantial
				  probability that death or serious physical harm to a patient could result
				  therefrom; or
(2) the person has
				  been issued three class B violations within a 24-month time period immediately
				  preceding the act, serving as the basis for the citation, without regard to
				  whether the actions to enforce the previous citations have become final. A
				  class "A" violation is subject to an administrative fine in an amount not less
				  than $1,000 and not exceeding $5,000 for each violation.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 7 - Citations › Section 1023.3

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The adopted version of this section by
					 Register
					 2021, No. 8, effective 2/10/2021 is not yet
					 available.
California Code of Regulations › Title 16 - Professional and Vocational Regulations › Division 10 - Dental Board of California › Chapter 1 - General Provisions Applicable to All Licensees › Article 7 - Citations › Section 1023.4 - Citation Factors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing the amount of an administrative fine, the
					 executive officer shall consider the following factors:
(a) The good or bad faith exhibited by the
				  cited person.
(b) The nature and
				  severity of the violation.
(c)
				  Evidence that the violation was willful.
(d) History of violations of the same or
				  similar nature.
(e) The extent to
				  which the cited person has cooperated with the board.
(f) The extent to which the cited person has
				  mitigated or attempted to mitigate any damage or injury caused by his or her
				  violation.
(g) Such other matters
				  as justice may require.
1. New
					 section filed 4-23-93; operative 5-24-93 (Register 93, No.
					 17).
Note: Authority cited: Sections
						125.9
						and
						1614,
						Business and Professions Code. Reference: Section
						125.9,
						Business and Professions Code.