By Lam, Shun Fung
On September 22, 2024, Governor Newsome signed the Dental Board of California (DBC) sunset extension bill, SB 1453 (Ashby) (Chapter 483, Statutes of 2024), which extends the Board’s sunset date to January 1, 2029. The Legislative Oversight Committee identified key issues relating to the sunset review that were discussed at the oversight hearing on March 12, 2024, and in subsequent written responses by DBC to issues raised in the Background Paper prepared by the legislature.
At its August 15, 2024, meeting, DBC reviewed items in the July 2, 2024, version of the bill and the proposed amendments to the bill that the Board voted to support and were ultimately included in the bill’s final version. Key points of that discussion are highlighted as follows.
Board Composition. SB 1453 amends section 1601.1 of the Business and Professions Code to consist of eight practicing dentists, two registered dental assistants, and five public members.
Board may deny licensure to any applicant guilty of unprofessional conduct. SB 1453 amends section 1628.7, appending a new line that allows the Board to deny licensure to any applicant who is guilty of unprofessional conduct for any reason that could lead to a license revocation or suspension. Additionally, the amendments enable the Board to display decisions placing an applicant on probation openly on the Board’s website and require a minimum one-year waiting period before denied applicants can reapply for licensure.
Failure to display current license, permit, or registration punishable as a misdemeanor. SB 1453 amends section 1700 and makes it a misdemeanor for a person to practice dentistry without displaying the original or a copy of the current licensed, permit, or registration of each dental practitioner employed at the facility in an area visible to all patients who use their facility.
Orthodontic Assistant (OA) Permit or Dental Sedation Assistant Permit changes. SB 1453 removes the 12-month work experience requirement for the Dental Assistant License and the 6-month work experience requirement for the Orthodontics Assistant License. Although the Board previously voted to retain these work-experience requirements and recommended this stance to the legislature, the final version of SB 1453 eliminated them. At the August meeting, a representative of the Dental Assisting Alliance protested this amendment, followed by a statement of support from the California Association of Orthodontics Assistants, who cited both the industry’s labor shortage and the smaller scope of practice of OAs compared to RDAs.
Roadmap for radiation safety course and infection control course. SB 1453 adds section 1754.5 and section 1755, which established the course requirements and adoption road maps for the radiation safety and infection control courses. These sections outline the course requirements and roadmaps for adoption of these courses by the Board. In addition, the sections lay out objectives for the courses, application process by potential vendors and the Board’s legislative goals.
Scope of Practice for RDA expanded. SB 1453 clarifies and specifies the duties of an RDA in section 1753.5. It further adds section 1753.51 to the Business and Professions Code, providing an enhanced list of duties authorized for qualified RDAs.