This chapter constitutes the chapter on dentistry of the Business and Professions Code. It may be known and cited as the Dental Practice Act.
Whenever a reference is made to the Dental Practice Act by the provisions of any statute, it shall be construed as referring to the provisions of this chapter.
(Added by Stats. 1937, Ch. 415.)
(a) There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall consist of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate.
(b) For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California.
(c) The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board.
(d) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date. Notwithstanding any other provision of law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature.
(Amended (as added by Stats. 2008, Ch. 35) by Stats. 2011, Ch. 385, Sec. 3. Effective January 1, 2012. Repealed as of January 1, 2016, by its own provisions.)
Protection of the public shall be the highest priority for the Dental Board of California in exercising its licensing, regulatory, and disciplinary functions. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount.
(Added by Stats. 2002, Ch. 107, Sec. 2. Effective January 1, 2003.)
(a) All committees of the board have the authority to evaluate all suggestions or requests for regulatory changes related to their committee. Committees shall have the authority to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The committees shall include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor and any facts supporting the need for the change.
(b) No part of this section shall restrict the Dental Hygiene Committee of California from adopting, amending, or revoking regulations authorized by Article 9 (commencing with Section 1900).
(Added by Stats. 2008, Ch. 31, Sec. 4. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
For purposes of Section 1601, “practicing dentist” includes a member of a faculty of any dental college or dental department of any medical college in the State of California.
(Added by Stats. 1972, Ch. 561.)
All of the members of the board, except the public members, shall have been actively and legally engaged in the practice of dentistry in the State of California, for at least five years next preceding the date of their appointment. The dental hygienist member shall have been a registered dental hygienist, and the dental assistant member shall have been a registered dental assistant, in the State of California for at least five years next preceding the date of their appointment. The public members shall not be licentiates of the board or of any other board under this division or of any board referred to in Sections 1000 and 3600. No more than one member of the board shall be a member of the faculty of any dental college or dental department of any medical college in the State of California. None of the members, including the public members, shall have any financial interest in any such college.
(Amended by Stats. 1986, Ch. 1092, Sec. 2.)
Except for the initial appointments, members of the board shall be appointed for a term of four years, and each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs.
A vacancy occurring during a term shall be filled by appointment for the unexpired term, within 30 days after it occurs.
No person shall serve as a member of the board for more than two terms.
The Governor shall appoint three of the public members, the dental hygienist member, the dental assistant member, and the eight licensed dentist members of the board. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member.
Of the initial appointments, one of the dentist members and one of the public members appointed by the Governor shall serve for a term of one year. Two of the dentist members appointed by the Governor shall each serve for a term of two years. One of the public members and two of the dentist members appointed by the Governor shall each serve a term of three years. The dental hygienist member, the dental assistant member, and the remaining three dentists members appointed by the Governor shall each serve for a term of four years. The public members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall each serve for a term of four years.
(Amended by Stats. 2011, Ch. 385, Sec. 4. Effective January 1, 2012.)
A member of the Board of Dental Examiners who has served two terms shall not be eligible for reappointment to the board. In computing two terms hereunder, that portion of an unexpired term which a member fills as a result of a vacancy shall be excluded.
(Added by Stats. 1955, Ch. 1101.)
Each member of the board, upon his or her qualification, shall file with the executive officer his or her post office address, and thereafter any notice of any change thereof. Any notice mailed to the address so on file, shall be deemed to comply with the requirements of this chapter as to notice to that member of the board.
(Amended by Stats. 1984, Ch. 47, Sec. 3. Effective March 21, 1984.)
The Governor has power to remove from office at any time any member of the board for continued neglect of duty required by this chapter or for incompetency or unprofessional or dishonorable conduct.
(Added by Stats. 1937, Ch. 415.)
The board shall elect a president, a vice president and a secretary from its membership. This section controls over the provisions of section 107 of this code with respect to the selection of officers.
(Added by Stats. 1937, Ch. 415.)
The board shall meet regularly once each year in San Francisco and once each year in Los Angeles after the commencement of the dental schools for the purpose of examining applicants, and at such other times and places as the board may designate, for the purpose of transacting its business.
(Amended by Stats. 1963, Ch. 606.)
Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than four members thereof. A written notice of the time, place, and object of the special meeting shall be mailed by the executive officer to all the members not parties to the call, at least 15 days before the day of the meeting.
(Amended by Stats. 1984, Ch. 47, Sec. 4. Effective March 21, 1984.)
Meetings may be held at any time and place by unanimous consent evidenced either by writing or by the presence of any member whose consent is necessary.
(Amended by Stats. 1983, Ch. 380, Sec. 1.)
Eight members of the board shall constitute a quorum for the transaction of business at any meeting.
(Amended by Stats. 1986, Ch. 1092, Sec. 4.)
The board shall carry out the purposes and enforce the provisions of this chapter. It shall examine all applicants for a license to practice dentistry according to the provisions of this chapter and shall issue licenses to practice dentistry in this State to such applicants as successfully pass the examination of the board and otherwise comply with the provisions of this chapter. The board shall collect and apply all fees as directed by this chapter.
(Added by Stats. 1937, Ch. 415.)
The board shall comply with the requirements of Section 138 by January 1, 2013. The board shall require that the notice under that section include a provision that the board is the entity that regulates dentists and provide the telephone number and Internet address of the board. The board shall require the notice to be posted in a conspicuous location accessible to public view.
(Added by Stats. 2011, Ch. 385, Sec. 5. Effective January 1, 2012.)
The board may inspect the books, records, and premises of any dentist licensed under this chapter in response to a complaint that a licensee has violated any law or regulation that constitutes grounds for disciplinary action by the board, and may employ inspectors for this purpose.
A licensee’s failure to allow an inspection or any part thereof shall be grounds for suspension or revocation of the license in accordance with Section 1670.
(Added by Stats. 1991, Ch. 521, Sec. 2.)
The board shall keep a record of the names of all persons to whom licenses have been granted by it to practice dentistry, and such other records as may be necessary to show plainly all of its acts and proceedings.
(Amended by Stats. 1983, Ch. 380, Sec. 2.)
The board shall have and use a seal bearing the name “Dental Board of California.”
(Amended by Stats. 2013, Ch. 473, Sec. 1. Effective January 1, 2014.)
The board may adopt reasonably necessary rules not inconsistent with the provisions of this chapter concerning:
(a) The holding of meetings.
(b) The holding of examinations.
(c) The manner of issuance and reissuance of licenses.
(d) The establishment of standards for the approval of dental colleges.
(e) Prescribing subjects in which applicants are to be examined.
(f) The administration and enforcement of this chapter.
Such rules shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act.
(Amended by Stats. 1957, Ch. 2084.)
Each member of the board shall receive a per diem and expenses as provided in Section 103.
The secretary shall be entitled to traveling and other expenses necessary in the performance of his duties.
The secretary shall not receive a salary for acting in such capacity.
(Amended by Stats. 1983, Ch. 380, Sec. 3.)
The board shall have full power to employ all necessary investigators, clerical and other assistants and appoint its own attorney, prescribe his duties and fix his compensation. Members and employees of the board shall be entitled to other necessary traveling expenses. The investigators employed by the board shall be specifically trained to investigate dental practice activities.
(Amended by Stats. 1979, Ch. 573.)
(a) The board, by and with the approval of the director, may appoint a person exempt from civil service who shall be designated as an executive officer and who shall exercise the powers and perform the duties delegated by the board and vested in him or her by this chapter.
(b) This section shall remain in effect only until January 1, 2016, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2016, deletes or extends that date.
(Amended (as added by Stats. 2008, Ch. 35) by Stats. 2011, Ch. 385, Sec. 8. Effective January 1, 2012. Repealed as of January 1, 2016, by its own provisions.)
There is hereby established within the board a full-time management level staff position, under the direction of the executive officer, whose sole responsibilities shall be the management of matters related to dental assisting, including, but not limited to, education, examination, licensure, and enforcement.
(Added by Stats. 2008, Ch. 31, Sec. 6. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)
A copy of any part or all of the books of the board duly certified by the executive officer shall be primary evidence in any court of this state.
(Amended by Stats. 1984, Ch. 47, Sec. 6. Effective March 21, 1984.)
The original books, records, and papers of the board shall be kept at the office of the executive officer, which shall be at such place as may be designated by the board.
The executive officer shall furnish to any person making application therefor a copy of any part thereof, certified by him or her as executive officer, upon payment of the fee specified in Section 163. The fee shall be deposited in the State Treasury to the credit of the board.
(Amended by Stats. 1984, Ch. 47, Sec. 7. Effective March 21, 1984.)
(a) The board shall provide to the Director of the Department of Managed Health Care a copy of any accusation filed with the Office of Administrative Hearings pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, when the accusation is filed, for a violation of this chapter relating to the quality of care of any dental provider of a health care service plan, as defined in Section 1345 of the Health and Safety Code. There shall be no liability on the part of, and no cause of action shall arise against, the State of California, the Board of Dental Examiners, the Department of Managed Health Care, the director of that department, or any officer, agent, employee, consultant, or contractor of the state or the board or the department for the release of any false or unauthorized information pursuant to this section, unless the release is made with knowledge and malice.
(b) The board and its executive officer and staff shall maintain the confidentiality of any nonpublic reports provided by the Director of the Department of Managed Health Care pursuant to subdivision (i) of Section 1380 of the Health and Safety Code.
(Amended by Stats. 2000, Ch. 857, Sec. 1. Effective January 1, 2001.)
The examination papers of any applicant shall be kept for the period of one year and may then be destroyed, but they shall be open to inspection only by members of the board, by the applicant or by someone appointed by the latter to inspect them, by a court of competent jurisdiction in a proceeding where the question of the contents of the papers is properly involved, or by the director in accordance with Section 110 or 153.
(Amended by Stats. 1967, Ch. 659.)
Notwithstanding Section 1619, the board need not retain the National Board of Dental Examiners’ examination papers.
(Added by Stats. 1975, Ch. 872.)
The Department of Consumer Affairs, in conjunction with the board and the Joint Committee on Boards, Commissions, and Consumer Protection, shall review the scope of practice for dental auxiliaries. The department shall employ the services of an independent consultant to perform this comprehensive analysis. The department shall be authorized to enter into an interagency agreement or be exempted from obtaining sole source approval for a sole source contract. The board shall pay for all of the costs associated with this comprehensive analysis. The department shall report its findings and recommendations to the Legislature by September 1, 2002.
(Amended by Stats. 2004, Ch. 33, Sec. 15. Effective April 13, 2004.)
The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria:
(a) Possession of a valid license to practice dentistry in this state or possession of a valid license in one of the dental assistant categories licensed under this chapter.
(b) Practice as a licensed dentist or in a licensure category described in subdivision (a) for at least five years preceding his or her appointment.
(c) Hold no position as an officer or faculty member at any college, school, or institution that provides dental instruction in the same licensure category as that held by the examiner.
(Amended by Stats. 2008, Ch. 31, Sec. 7. Effective January 1, 2009. Operative July 1, 2009, by Sec. 55 of Ch. 31.)