State Codes and Statutes

Statutes > California > Bpc > 1625-1636.6

BUSINESS AND PROFESSIONS CODE
SECTION 1625-1636.6



1625.  Dentistry is the diagnosis or treatment, by surgery or other
method, of diseases and lesions and the correction of malpositions of
the human teeth, alveolar process, gums, jaws, or associated
structures; and such diagnosis or treatment may include all necessary
related procedures as well as the use of drugs, anesthetic agents,
and physical evaluation. Without limiting the foregoing, a person
practices dentistry within the meaning of this chapter who does any
one or more of the following:
   (a) By card, circular, pamphlet, newspaper or in any other way
advertises himself or represents himself to be a dentist.
   (b) Performs, or offers to perform, an operation or diagnosis of
any kind, or treats diseases or lesions of the human teeth, alveolar
process, gums, jaws, or associated structures, or corrects malposed
positions thereof.
   (c) In any way indicates that he will perform by himself or his
agents or servants any operation upon the human teeth, alveolar
process, gums, jaws, or associated structures, or in any way
indicates that he will construct, alter, repair, or sell any bridge,
crown, denture or other prosthetic appliance or orthodontic
appliance.
   (d) Makes, or offers to make, an examination of, with the intent
to perform or cause to be performed any operation on the human teeth,
alveolar process, gums, jaws, or associated structures.
   (e) Manages or conducts as manager, proprietor, conductor, lessor,
or otherwise, a place where dental operations are performed.



1625.1.  (a) Any of the following entities may employ licensees and
dental assistants and charge for the professional services they
render, and shall not be deemed to be practicing dentistry within the
meaning of Section 1625:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (b) The entities described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter. A requirement that licensees
shall constitute all or a percentage of the governing body of the
entity shall not be applicable to these entities.



1625.2.  (a) For purposes of subdivision (e) of Section 1625, the
ownership or management, by a tax-exempt nonprofit corporation
supported and maintained in whole or in substantial part by
donations, bequests, gifts, grants, government funds, or
contributions, that may be in the form of money, goods, or services,
of a place where dental operations are performed, shall not be
construed to be the unlicensed practice of dentistry, as long as all
of the following apply:
   (1) The entity obtains the board's approval to offer dental
services pursuant to regulations adopted by the board.
   (2) The entity does nothing to interfere with, control, or
otherwise direct the professional judgment of or provision of dental
services by a licensee or dental assistant acting within his or her
scope of practice as defined in this chapter.
   (3) The licensees and dental assistants of the entity providing
services are in compliance with all applicable provisions of this
chapter.
   (4) The entity is otherwise in compliance with this chapter and
all other applicable provisions of state and federal law.
   (b) This section does not apply to any of the following entities:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.



1625.3.  (a) Notwithstanding any other provision of law, upon the
incapacity or death of a dentist, if the requirements of Section
1625.4 are met, any of the following persons may employ licensees and
dental assistants and charge for the professional services they
render for a period not to exceed 12 months from the date of the
dentist's death or incapacity without being deemed to be practicing
dentistry within the meaning of Section 1625:
   (1) The legal guardian, conservator, or authorized representative
of an incapacitated dentist.
   (2) The executor or administrator of the estate of a dentist who
is deceased.
   (3) The named trustee or successor trustee of a trust or subtrust
that owns assets consisting only of the incapacitated or deceased
dentist's dental practice and that was established solely for the
purpose of disposition of the dental practice upon the dentist's
incapacity or death.
   (b) The persons described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter.



1625.4.  (a) Where the dental practice of an incapacitated or
deceased dentist is a sole proprietorship or where an incapacitated
or deceased dentist is the sole shareholder of a professional dental
corporation, a person identified in subdivision (a) of Section 1625.3
may enter into a contract with one or more dentists licensed in the
state to continue the operations of the incapacitated or deceased
dentist's dental practice for a period of no more than 12 months from
the date of death or incapacity, or until the practice is sold or
otherwise disposed of, whichever occurs first, if all of the
following conditions are met:
   (1) The person identified in subdivision (a) of Section 1625.3
delivers to the board a notification of death or incapacity that
includes all of the following information:
   (A) The name and license number of the deceased or incapacitated
dentist.
   (B) The name and address of the dental practice.
   (C) If the dentist is deceased, the name, address, and tax
identification number of the estate or trust.
   (D) The name and license number of each dentist who will operate
the dental practice.
   (E) A statement that the information provided is true and correct,
and that the person identified in subdivision (a) of Section 1625.3
understands that any interference by the person or by his or her
assignee with the contracting dentist's or dentists' practice of
dentistry or professional judgment is grounds for immediate
termination of the operations of the dental practice without a
hearing. The statement shall also provide that if the person required
to make this notification willfully states as true any material fact
that he or she knows to be false, he or she shall be subject to a
civil penalty of up to ten thousand dollars ($10,000) in an action
brought by any public prosecutor. A civil penalty imposed under this
subparagraph shall be enforced as a civil judgment.
   (2) The dentist or dentists who will operate the practice shall be
licensed by the board and that license shall be current, valid, and
shall not be suspended, restricted, or otherwise the subject of
discipline.
   (3) Within 30 days after the death or incapacity of a dentist, the
person identified in subdivision (a) of Section 1625.3 or the
contracting dentist or dentists shall send notification of the death
or incapacity by mail to the last known address of each current
patient of record with an explanation of how copies of the patient's
records may be obtained. This notice may also contain any other
relevant information concerning the continuation of the dental
practice. The failure to comply with the notification requirement
within the 30-day period shall be grounds for terminating the
operation of the dental practice under subdivision (b). The
contracting dentist or dentists shall obtain a form signed by the
patient, or the patient's guardian or legal representative, that
releases the patient's confidential dental records to the contracting
dentist or dentists prior to use of those records.
   (b) The board may order the termination of the operations of a
dental practice operating pursuant to this section if the board
determines that the practice is operating in violation of this
section. The board shall provide written notification at the address
provided pursuant to subparagraph (B) of paragraph (1) of subdivision
(a). If the board does not receive a written appeal of the
determination that the practice is operating in violation of this
section within 10 days of receipt of the notice, the determination to
terminate the operations of the dental practice shall take effect
immediately. If an appeal is received in a timely manner by the
board, the executive officer of the board, or his or her designee,
shall conduct an informal hearing. The decision of the executive
officer or his or her designee shall be mailed to the practice no
later than 10 days after the informal hearing, is the final decision
in the matter, and is not subject to appeal under the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code).
   (c) Notwithstanding subdivision (b), if the board finds evidence
that the person identified in subdivision (a) of Section 1625.3, or
his or her assignee, has interfered with the practice or professional
judgment of the contracting dentist or dentists or otherwise finds
evidence that a violation of this section constitutes an immediate
threat to the public health, safety, or welfare, the board may
immediately order the termination of the operations of the dental
practice without an informal hearing.
   (d) A notice of an order of immediate termination of the dental
practice without an informal hearing, as referenced in subdivision
(b), shall be served by certified mail on the person identified in
subdivision (a) of Section 1625.3 at the address provided pursuant to
subparagraph (B) or (C) of paragraph (1) of subdivision (a), as
appropriate, and on the contracting dentist or dentists at the
address of the dental practice provided pursuant to subparagraph (B)
of paragraph (1) of subdivision (a).
   (e) A person receiving notice of an order of immediate termination
pursuant to subdivision (d) may petition the board within 30 days of
the date of service of the notice for an informal hearing before the
executive officer or his or her designee, which shall take place
within 30 days of the filing of the petition.
   (f) A notice of the decision of the executive officer or his or
her designee following an informal hearing held pursuant to
subdivision (b) shall be served by certified mail on the person
identified in subdivision (a) of Section 1625.3 at the address
provided pursuant to subparagraph (B) or (C) of paragraph (1) of
subdivision (a), as appropriate, and on the contracting dentist or
dentists at the address of the dental practice provided pursuant to
subparagraph (B) of paragraph (1) of subdivision (a).
   (g) The board may require the submission to the board of any
additional information necessary for the administration of this
section.



1625.5.  The following written notification shall be included with,
or as part of, all application forms required for a license to
practice dentistry pursuant to this article and for renewal of that
license pursuant to Article 6 (commencing with Section 1715):
   "Effective January 1, 2008, certain nondentists may, upon your
death or incapacity, contract with another licensed dentist or
dentists to continue your dental practice for a period not exceeding
12 months if certain conditions are met. Sections 1625.3 and 1625.4
of the Business and Professions Code permit the legal guardian or
conservator or authorized representative of an incapacitated dentist,
the executor or administrator of the estate of a deceased dentist,
or the named trustee or successor trustee of a trust or subtrust who
meets certain requirements, to contract with a licensed dentist or
dentists to continue the incapacitated or deceased dentist's dental
practice for a period not to exceed 12 months from the date of death
or incapacity if the practice meets specified criteria and if certain
other conditions are met, including providing a specific
notification to the Dental Board of California. You and your estate
planner should become familiar with these requirements and the
notification process. Please contact the Dental Board of California
for additional information."


1626.  It is unlawful for any person to engage in the practice of
dentistry in the state, either privately or as an employee of a
governmental agency or political subdivision, unless the person has a
valid, unexpired license or special permit from the board.
   The following practices, acts and operations, however, are exempt
from the operation of this chapter:
   (a) The practice of oral surgery by a physician and surgeon
licensed under the Medical Practice Act.
   (b) The operations, in dental schools approved by the board, of
bona fide students of dentistry or dental hygiene in the school's
clinical departments or laboratories or in a dental extension program
approved by the board or in an advanced dental education program
accredited by the Commission on Dental Accreditation of the American
Dental Association or a national accrediting body approved by the
board.
   (c) The practice of dentistry by licensed dentists of other states
or countries while appearing and operating as bona fide clinicians
or instructors in dental colleges approved by the Dental Board of
California.
   (d) The practice of dentistry by licensed dentists of other states
or countries in conducting or making a clinical demonstration before
any bona fide dental or medical society, association, or convention;
provided, however, the consent of the Dental Board of California to
the making and conducting of the clinical demonstration shall be
first had and obtained.
   (e) The construction, making, verification of shade taking,
alteration or repairing of bridges, crowns, dentures, or other
prosthetic appliances, or orthodontic appliances, when the casts or
impressions for this work have been made or taken by a licensed
dentist, but a written authorization signed by a licensed dentist
shall accompany the order for the work or it shall be performed in
the office of a licensed dentist under his or her supervision. The
burden of proving written authorization or direct supervision is upon
the person charged with the violation of this chapter.
   It is unlawful for any person acting under the exemption of this
subdivision to represent or hold out to the public in any manner that
he or she will perform or render any of the services exempted by
this subdivision that are rendered or performed under the provisions
of this chapter by a licensed dentist, including the construction,
making, alteration or repairing of dental prosthetic or orthodontic
appliances.
   (f) The manufacture or sale of wholesale dental supplies.
   (g) The practice of dentistry or dental hygiene by applicants
during a licensing examination conducted in this state by the
licensing agency of another state which does not have a dental
school; provided, however, that the consent of the board to the
conducting of the examination shall first have been obtained and that
the examination shall be conducted in a dental college accredited by
the board.
   (h) The practice by personnel of the Air Force, Army, Coast Guard,
or Navy or employees of the United States Public Health Service,
Veterans' Administration, or Bureau of Indian Affairs when engaged in
the discharge of official duties.



1626.2.  A dentist licensed under this chapter is a licentiate for
purposes of paragraph (2) of subdivision (a) of Section 805, and thus
is a health care practitioner subject to the provisions of Section
2290.5 pursuant to subdivision (b) of that section.



1626.5.  (a) A licensed dentist, or group of dentists, or dental
corporation shall not share in any fee charged by a person for
performing acupuncture or receive anything of value from or on behalf
of such acupuncturist for any referral or diagnosis.
   (b) A licensed dentist shall not employ more than one person to
perform acupuncture services.
   (c) A group of dentists or a dental corporation shall not employ
more than one person to perform acupuncture services for every 20
dentists in such group or corporation.



1626.5.  In addition to the exemptions set forth in Section 1626,
the operations by bona fide students of registered dental assisting,
registered dental assisting in extended functions, and registered
dental hygiene in extended functions in the clinical departments or
the laboratory of an educational program or school approved by the
board, including operations by unlicensed students while engaged in
clinical externship programs that have been approved by an approved
educational program or school, and that are under the general
programmatic and academic supervision of that educational program or
school, are exempt from the operation of this chapter.



1627.  The license of any dentist, existing at the time of the
passage of this chapter, shall continue in force until it expires or
is forfeited in the manner provided by this chapter.



1627.5.  (a) No person licensed under this chapter, who in good
faith renders emergency care at the scene of an emergency occurring
outside the place of that person's practice, or who, upon the request
of another person so licensed, renders emergency care to a person
for a complication arising from prior care of another person so
licensed, shall be liable for any civil damages as a result of any
acts or omissions by that person in rendering the emergency care.
   (b) A person licensed under this chapter who voluntarily and
without compensation or expectation of compensation, and consistent
with the dental education and emergency training that he or she has
received, provides emergency medical care to a person during a state
of emergency declared pursuant to a proclamation issued pursuant to
Section 8588, 8625, or 8630 of the Government Code or a declaration
of health emergency issued pursuant to Section 101080 of the Health
and Safety Code shall not be liable in negligence for any personal
injury, wrongful death, or property damage caused by the licensee's
good faith but negligent act or omission. This subdivision shall not
provide immunity for acts or omissions of gross negligence or willful
misconduct. This subdivision does not limit any immunity provided
under subdivision (a).
   (c) Notwithstanding any other provision of law, for the duration
of a declared state of emergency, pursuant to a proclamation of
emergency issued pursuant to Section 8625 of the Government Code, the
board may suspend compliance with any provision of this chapter or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.




1627.7.  (a) A dentist shall not be liable for damages for injury or
death caused in an emergency situation occurring in the dentist's
office or in a hospital on account of a failure to inform a patient
of the possible consequences of a dental procedure where the failure
to inform is caused by any of the following:
   (1) The patient was unconscious.
   (2) The dental procedure was undertaken without the consent of the
patient because the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient.
   (3) A dental procedure was performed on a person legally incapable
of giving consent, and the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to obtain the informed consent of a person
authorized to give such consent for the patient.
   (b) This section is applicable only to actions for damages for
injuries or death arising because of a dentist's failure to inform,
and not to actions for such damages arising because of a dentist's
negligence in rendering or failing to render treatment.
   (c) As used in this section:
   (1) "Dentist" means a person licensed as a dentist pursuant to
this chapter.
   (2) "Emergency situation occurring in a hospital" means a
situation occurring in a hospital, whether or not it occurs in an
emergency room, requiring immediate services for alleviation of
severe pain or immediate diagnosis and treatment of unforeseeable
dental conditions, which, if not immediately diagnosed and treated,
would lead to serious disability or death.
   (3) "Hospital" means a licensed general acute care hospital as
defined in subdivision (a) of Section 1250 of the Health and Safety
Code.
   (4) "Emergency situation occurring in the dentist's office" means
a situation occurring in an office, other than a hospital, used by
the dentist for the examination or treatment of patients, requiring
immediate services for alleviation of severe pain, or immediate
diagnosis and treatment of unforeseeable dental conditions, which, if
not immediately diagnosed and treated, would lead to serious
disability or death.



1628.  Any person over 18 years of age is eligible to take an
examination before the board upon making application therefor and
meeting all of the following requirements:
   (a) Paying the fee for applicants for examination provided by this
chapter.
   (b) Furnishing satisfactory evidence of having graduated from a
reputable dental college approved by the board; provided, also, that
applicants furnishing evidence of having graduated after 1921 shall
also present satisfactory evidence of having completed at dental
school or schools the full number of academic years of undergraduate
courses required for graduation. For purposes of this article,
"reputable dental college approved by the board" or "approved dental
school" include a foreign dental school accredited by a body that has
a reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.
   (c) Furnishing the satisfactory evidence of financial
responsibility or liability insurance for injuries sustained or
claimed to be sustained by a dental patient in the course of the
examination as a result of the applicant's actions.
   (d) If the applicant has been issued a degree of doctor of dental
medicine or doctor of dental surgery by a foreign dental school, he
or she shall furnish all of the following documentary evidence to the
board:
   (1) That he or she has completed, in a dental school or schools
approved by the board pursuant to Section 1636.4, a resident course
of professional instruction in dentistry for the full number of
academic years of undergraduate courses required for graduation.
   (2) Subsequent thereto, he or she has been issued by the dental
school a dental diploma or a dental degree, as evidence of the
successful completion of the course of dental instruction required
for graduation.
   (e) Any applicant who has been issued a dental diploma from a
foreign dental school that has not, at the time of his or her
graduation from the school, been approved by the board pursuant to
Section 1636.4 shall not be eligible for examination until the
applicant has successfully completed a minimum of two academic years
of education at a dental college approved by the board pursuant to
Article 1 (commencing with Section 1024) of Chapter 2 of Division 10
of Title 16 of the California Code of Regulations and has been issued
a degree of doctor of dental medicine or doctor of dental surgery or
its equivalent. This subdivision shall not apply to applicants who
have successfully completed the requirements of Section 1636 as it
read before it was repealed on January 1, 2004, on or before December
31, 2003, or who have successfully completed the requirements of
Section 1628.2 on or before December 31, 2008. An applicant who has
successfully completed the requirements of Section 1636 as it read
before it was repealed on January 1, 2004, on or before December 31,
2003, or who has successfully completed the requirements of Section
1628.2 on or before December 31, 2008, shall be eligible to take the
examination required by Section 1632, subject to the limitations set
forth in subdivisions (b) and (c) of Section 1633.
   (f) Subdivisions (d) and (e) do not apply to a person who has been
issued a degree of doctor of dental medicine or doctor of dental
surgery by a foreign dental school accredited by a body that has a
reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.



1628.5.  The board may deny an application to take an examination
for licensure as a dentist or dental auxiliary or an application for
registration as a dental corporation, or, at any time prior to
licensure, the board may deny the issuance of a license to an
applicant for licensure as a dentist or dental auxiliary, if the
applicant has done any of the following:
   (a) Committed any act which would be grounds for the suspension or
revocation of a license issued pursuant to this code.
   (b) Committed any act or been convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (c) While unlicensed, committed, or aided and abetted the
commission of, any act for which a license is required by this
chapter.
   (d) Suspension or revocation of a license issued by another state
or territory on grounds which would constitute a basis for suspension
or revocation of licensure in this state.
   The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.



1628.7.  (a) The board may, upon an applicant's successful
completion of the board examination, in its sole discretion, issue a
probationary license to an applicant for licensure as a dentist or
dental auxiliary. The board may require, as a term or condition of
issuing the probationary license, the applicant to do any of the
following, including, but not limited to:
   (1) Successfully complete a professional competency examination.
   (2) Submit to a medical or psychological evaluation.
   (3) Submit to continuing medical or psychological treatment.
   (4) Abstain from the use of alcohol or drugs.
   (5) Submit to random fluid testing for alcohol or controlled
substance abuse.
   (6) Submit to continuing participation in a board approved
rehabilitation program.
   (7) Restrict the type or circumstances of practice.
   (8) Submit to continuing education and coursework.
   (9) Comply with requirements regarding notification to employer
and changes of employment.
   (10) Comply with probation monitoring.
   (11) Comply with all laws and regulations governing the practice
of dentistry.
   (12) Limit practice to a supervised structured environment in
which the licensee's activities shall be supervised by another
dentist.
   (13) Submit to total or partial restrictions on drug prescribing
privileges.
   (b) The probation shall be for three years and the licensee may
petition the board for early termination, or modification of a
condition of, the probation in accordance with subdivision (b) of
Section 1686.
   (c) The proceeding under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.



1629.  (a) Any member of the board may inquire of any applicant for
examination concerning his or her qualifications or experience and
may take testimony of anyone in regard thereto, under oath, which he
or she is hereby empowered to administer.
   (b) Each applicant for licensure under this chapter shall furnish
fingerprint cards for submission to state and federal criminal
justice agencies, including, but not limited to, the Federal Bureau
of Investigation, in order to establish the identity of the applicant
and in order to determine whether the applicant has a record of any
criminal convictions in this state or in any other jurisdiction,
including foreign countries. The information obtained as a result of
the fingerprinting of the applicant shall be used in accordance with
Section 11105 of the Penal Code, and to determine whether the
applicant is subject to denial of licensure pursuant to Division 1.5
(commencing with Section 475) or Section 1628.5.




1630.  The examination of applicants for a license to practice
dentistry in this state, as described in Section 1632, shall be
sufficiently thorough to test the fitness of the applicant to
practice dentistry, and both questions and answers shall be written
in the English language.



1632.  (a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National Dental
Examinations.
   (b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed and
administered by the board. The board shall provide a separate
application for this examination. Applicants shall submit this
application and required fee to the board in order to take this
examination. In addition to the aforementioned application, the only
other requirement for taking this examination shall be certification
from the dean of the qualifying dental school attended by the
applicant that the applicant has graduated, or will graduate, or is
expected to graduate. Applicants who submit completed applications
and certification from the dean at least 15 days prior to a scheduled
examination shall be scheduled to take the examination. Successful
results of the examination shall, as established by board regulation,
remain valid for two years from the date that the applicant is
notified of having passed the examination.
   (c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:
   (1) A portfolio examination of the applicant's competence to enter
the practice of dentistry. This examination shall be conducted while
the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination shall
utilize uniform standards of clinical experiences and competencies,
as approved by the board pursuant to Section 1632.1. The applicant
shall pass a final assessment of the submitted portfolio at the end
of his or her dental school program. Before any portfolio assessment
may be submitted to the board, the applicant shall remit to the board
a three hundred fifty dollar ($350) fee, to be deposited into the
State Dentistry Fund, and a letter of good standing signed by the
dean of his or her dental school or his or her delegate stating that
the applicant has graduated or will graduate with no pending ethical
issues.
   (A) The portfolio examination shall not be conducted until the
board adopts regulations to carry out this paragraph. The board shall
post notice on its Internet Web site when these regulations have
been adopted.
   (B) The board shall also provide written notice to the Legislature
and the Legislative Counsel when these regulations have been
adopted.
   (2) A clinical and written examination administered by the Western
Regional Examining Board, which board shall determine the passing
score for that examination.
   (d) Notwithstanding subdivision (b) of Section 1628, the board is
authorized to do either of the following:
   (1) Approve an application for examination from, and to examine an
applicant who is enrolled in, but has not yet graduated from, a
reputable dental school approved by the board.
   (2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled in,
but had not graduated from, a reputable dental school approved by
the board at the time the examination was administered.
   In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).



1632.1.  (a) With regard to the portfolio examination specified in
paragraph (1) of subdivision (c) of Section 1632, the board shall
independently monitor and audit the standardization and calibration
of dental school competency instructors at least biennially to ensure
standardization and an acceptable level of calibration in the
grading of the examination. Each dental school's competency
examinations shall be audited biennially by the board.
   (b) The board shall oversee all aspects of the portfolio
examination process specified in paragraph (1) of subdivision (c) of
Section 1632 and under this section, but shall not interfere with the
dental school authority to establish and deliver an accredited
curriculum. The board shall determine an end-of-year deadline, in
consultation with the current board-approved dental schools, to
determine when the portfolio examinations shall be completed and
submitted to the board for review by the board's examiners.
   (c) The board, in consultation with the current board-approved
dental schools, shall approve portfolio examination competencies and
the minimum number of clinical experiences required for successful
completion of the portfolio examination.
   (d) The board shall require and verify successful completion of
competency examinations that were performed on a patient of record of
a board-approved dental school, including, but not limited to, the
following:
   (1) Comprehensive oral diagnosis and treatment planning.
   (2) Periodontics.
   (3) Direct restorations.
   (4) Indirect restorations.
   (5) Removable prosthodontics.
   (6) Endodontics.



1632.5.  (a) Prior to implementation of paragraph (2) of subdivision
(c) of Section 1632, the department's Office of Professional
Examination Services shall review the Western Regional Examining
Board examination to ensure compliance with the requirements of
Section 139 and to certify that the examination process meets those
standards. If the department determines that the examination process
fails to meet those standards, paragraph (2) of subdivision (c) of
Section 1632 shall not be implemented. The review of the Western
Regional Examining Board examination shall be conducted during or
after the Dental Board of California's occupational analysis
scheduled for the 2004-05 fiscal year, but not later than September
30, 2005. However, an applicant who successfully completes the
Western Regional Examining Board examination on or after January 1,
2005, shall be deemed to have met the requirements of subdivision (c)
of Section 1632 if the department certifies that the Western
Regional Examining Board examination meets the standards set forth in
this subdivision.
   (b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
   (c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
   (d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1632.6.  (a) As part of the ongoing implementation of paragraph (1)
of subdivision (c) of Section 1632, the board shall review the
portfolio examination to ensure compliance with the requirements of
Section 139 and to certify that the portfolio examination process
meets those requirements. If the board determines that the portfolio
examination fails to meet those requirements, paragraph (1) of
subdivision (c) of Section 1632 shall cease to be implemented and the
portfolio examination will no longer be an option for applicants.
The board's review and certification or determination shall be
completed and submitted to the Legislature and the department by
December 1, 2016.
   (b) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (c) This section shall become inoperative on December 1, 2020,
pursuant to Section 10231.5 of the Government Code.



1633.  (a) When an applicant for a license has received a grading of
85 percent or above in any given subject, he or she shall be exempt
from reexamination on that subject in subsequent examinations before
the board within two years after the examination on which the
applicant received the exemption.
   (b) Notwithstanding Section 135, an applicant who fails to pass
the examination required by Section 1632 after three attempts shall
not be eligible for further reexamination until the applicant has
successfully completed a minimum of 50 hours of education for each
subject which the applicant failed in the applicant's last
unsuccessful examination. The coursework shall be taken at a dental
school approved by either the Commission on Dental Accreditation or a
comparable organization approved by the board, and shall be
completed within a period of one year from the date of notification
of the applicant's third failure.
   (c) The coursework described in subdivision (b) shall be required
once for every three unsuccessful examination attempts. When the
applicant applies for reexamination, he or she shall furnish proof
satisfactory to the board that he or she has successfully completed
the requirements of this section.



1634.  A person successfully passing the examination shall be
registered as a licensed dentist on the board register, as provided
in Section 1612, and shall be granted by the board a license to
practice dentistry in the State of California.




1634.1.  Notwithstanding Section 1634, the board may grant a license
to practice dentistry to an applicant who submits all of the
following to the board:
   (a) A completed application form and all fees required by the
board.
   (b) Satisfactory evidence of having graduated from a dental school
approved by the board or by the Commission on Dental Accreditation
of the American Dental Association.
   (c) Satisfactory evidence of having completed a clinically based
advanced education program in general dentistry or an advanced
education program in general practice residency that is, at minimum,
one year in duration and is accredited by either the Commission on
Dental Accreditation of the American Dental Association or a national
accrediting body approved by the board.The advanced education
program shall include a certification of clinical residency program
completion approved by the board, to be completed upon the resident's
successful completion of the program in order to evaluate his or her
competence to practice dentistry in the state.
   (d) Satisfactory evidence of having successfully completed the
written examinations of the National Board Dental Examination of the
Joint Commission on National Dental Examinations.
   (e) Satisfactory evidence of having successfully completed an
examination in California law and ethics.
   (f) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
chapter.



1634.2.  (a) An advanced education program's compliance with
subdivision (c) of Section 1634.1 shall be regularly reviewed by the
department pursuant to Section 139.
   (b) An advanced education program described in subdivision (c) of
Section 1634.1 shall meet the requirements of subdivision (a) of
Section 12944 of the Government Code.
   (c) The clinical residency program completion certification
required by subdivision (c) of Section 1634.1 shall include a list of
core competencies commensurate to those found in the board's
examinations. The board, together with the department's Office of
Professional Examination Services, shall ensure the alignment of the
competencies stated in the clinical residency program completion
certification with the board's current occupational analysis. The
board shall implement use of the clinical residency program
completion certification form and use of the core competency list
through the adoption of emergency regulations by January 1, 2008.
   (d) As part of its next scheduled review after January 1, 2007, by
the Joint Committee on Boards, Commissions and Consumer Protection,
the board shall report to that committee and to the department the
number of complaints received for those dentists who have obtained
licensure by passing the state clinical examination and for those
dentists who have obtained licensure through an advanced education
program. The report shall also contain tracking information on these
complaints and their disposition. This report shall be a component of
the evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1635.5.  (a) Notwithstanding Section 1634, the board may grant a
license to practice dentistry to an applicant who has not taken an
examination before the board, if the applicant submits all of the
following to the board:
   (1) A completed application form and all fees required by the
board.
   (2) Proof of a current license issued by another state to practice
dentistry that is not revoked or suspended or otherwise restricted.
   (3) Proof that the applicant has either been in active clinical
practice or has been a full-time faculty member in an accredited
dental education program and in active clinical practice for a total
of at least 5,000 hours in five of the seven consecutive years
immediately preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if
documentation of any of the following is submitted:
   (A) The applicant may receive credit for two of the five years of
clinical practice by demonstrating completion of a residency training
program accredited by the American Dental Association Commission on
Dental Accreditation, including, but not limited to, a general
practice residency, an advanced education in general dentistry
program, or a training program in a specialty recognized by the
American Dental Association.
   (B)  The applicant agrees to practice dentistry full time for two
years in at least one primary care clinic licensed under subdivision
(a) of Section 1204 of the Health and Safety Code or primary care
clinic exempt from licensure pursuant to subdivision (c) of Section
1206 of the Health and Safety Code, or a clinic owned or operated by
a public hospital or health system, or a clinic owned and operated by
a hospital that maintains the primary contract with a county
government to fill the county's role under Section 17000 of the
Welfare and Institutions Code. The board may periodically request
verification of compliance with these requirements, and may revoke
the license upon a finding that the employment requirement, or any
other requirement of this subparagraph, has not been met. Full-time
status shall be defined by the board for the purposes of this
subparagraph, and the board may establish exemptions to this
requirement on a case-by-case basis.
   (C)  The applicant agrees to teach or practice dentistry full time
for two years in at least one accredited dental education program as
approved by the Dental Board of California. The board may
periodically request verification of compliance with these
requirements, and may revoke the license upon a finding that the
employment requirement, or any other requirement of this
subparagraph, has not been met. Full-time status shall be defined by
the board for the purposes of this subparagraph, and the board may
establish exemptions to this requirement on a case-by-case basis.
   (4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed to practice dentistry. If the applicant has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of Article 4
(commencing with Section 1670) to warrant the submission of
additional information from the applicant or the denial of the
application for licensure.
   (5) A signed release allowing the disclosure of information from
the National Practitioner Data Bank and the verification of
registration status with the federal Drug Enforcement Administration.
The board shall review this information to determine if it presents
sufficient evidence of a violation of Article 4 (commencing with
Section 1670) to warrant the submission of additional information
from the applicant or the denial of the application for licensure.
   (6) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
section.
   (7) An acknowledgment by the applicant executed under penalty of
perjury and automatic forfeiture of license, of the following:
   (A) That the information provided by the applicant to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the applicant has not been convicted of an offense
involving conduct that would violate Section 810.
   (8) Documentation of 50 units of continuing education completed
within two years of the date of his or her application under this
section. The continuing education shall include the mandatory
coursework prescribed by the board pursuant to subdivision (b) of
Section 1645.
   (9) Any other information as specified by the board to the extent
it is required of applicants for licensure by examination under this
article.
   (b) The board shall provide in the application packet to each
out-of-state dentist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas that exist in
the state.
   (2) Those not-for-profit clinics and public hospitals seeking to
contract with licensees for dental services.
   (c) (1) The board shall review the impact of this section on the
availability of dentists in California and report to the appropriate
policy and fiscal committees of the Legislature by January 1, 2008.
The report shall include a separate section providing data specific
to those dentists who intend to fulfill the alternative clinical
practice requirements of subparagraph (B) of paragraph (3) of
subdivision (a). The report shall include, but not be limited to, all
of the following:
   (A) The total number of applicants from other states who have
sought licensure.
   (B) The number of dentists from other states licensed pursuant to
this section, as well as the number of licenses not granted and the
reasons why each license was not granted.
   (C) The location of the practice of dentists licensed pursuant to
this section.
   (D) The number of dentists licensed pursuant to this section who
establish a practice in a rural area or in an area designated as
having a shortage of practicing dentists or no dentists at all.
   (E) The length of time dentists licensed pursuant to this section
maintained their practice in the reported location. This information
shall be reported separately for dentists described in subparagraphs
(C) and (D).
   (2) In identifying a dentist's location of practice, the board
shall use medical service study areas or other appropriate geographic
descriptions for regions of the state.
   (3) If appropriate, the board may report the information required
by paragraph (1) separately for primary care dentists and
specialists.
   (d) The board is authorized to contract with a third party or
parties to review applications filed under this section and to advise
the board as to whether the applications are complete. The
contracting party, its agents, and its employees shall agree to be
bound by all provisions of law applicable to the board, its members,
and staff, governing custody and confidentiality of materials
submitted by applicants for licensure.
   (e) The board, in issuing a license under this section to an
applicant qualified under subparagraph (B) or (C) of paragraph (3) of
subdivision (a), may impose a restriction authorizing the holder to
practice dentistry only in the facilities described in subparagraph
(B) of paragraph (3) of subdivision (a) or only to practice or teach
dentistry at the accredited dental education programs described in
subparagraph (C) of paragraph (3) of subdivision (a). Upon the
expiration of the two-year term, all location restrictions on the
license shall be removed and the holder is authorized to practice
dentistry in accordance with this chapter in any allowable setting in
the state.
   (f) Notwithstanding any other provision of law, a holder of a
license issued by the board before January 1, 2006, under this
section who committed to complete the remainder of the five years of
clinical practice requirement by a contract either to practice
dentistry full time in a facility described in subparagraph (B) of
paragraph (3) of subdivision (a) or to teach or practice dentistry
full time in an accredited dental education program approved by the
board, shall be required to complete only two years of service under
the contract in order to fulfill his or her obligation under this
section. Upon the expiration of that two-year term, all location
restrictions on the license shall be removed and the holder is
authorized to practice dentistry in accordance with this chapter in
any allowable setting in the state.
   (g) A license issued pursuant to this section shall be considered
a valid, unrestricted license for purposes of Section 1972.



1635.7.  Any person licensed pursuant to Section 1635.5 shall be
required to fulfill continuing education requirements established by
the board pursuant to Section 1645 before his or her license is
eligible to be renewed in accordance with this chapter.




1636.4.  (a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges. It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that provide
an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.
   (b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to subdivision
(d). The board may contract with outside consultants or a national
professional organization to survey and evaluate foreign dental
schools. The consultant or organization shall report to the board
regarding its findings in the survey and evaluation.
   (c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school. The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval. None of the
members of the technical advisory group shall be affiliated with the
school seeking certification.
   (d) Any foreign dental school that wishes to be approved pursuant
to this section shall make application to the board for this
approval, which shall be based upon a finding that the educational
program of the foreign dental school is equivalent to that of similar
accredited institutions in the United States and adequately prepares
its students for the practice of dentistry. Curriculum, faculty
qualifications, student attendance, plant and facilities, and other
relevant factors shall be reviewed and evaluated. The board, with the
cooperation of the technical advisory group, shall identify by rule
the standards and review procedures and methodology to be used in the
approval process consistent with this subdivision. The board shall
not grant approval if deficiencies found are of such magnitude as to
prevent the students in the school from receiving an educational base
suitable for the practice of dentistry.
   (e) Periodic surveys and evaluations of all approved schools shall
be made to ensure continued compliance with this section. Approval
shall include provisional and full approval. The provisional form of
approval shall be for a period determined by the board, not to exceed
three years, and shall be granted to an institution, in accordance
with rules established by the board, to provide reasonable time for
the school seeking permanent approval to overcome deficiencies found
by the board. Prior to the expiration of a provisional approval and
before the full approval is granted, the school shall be required to
submit evidence that deficiencies noted at the time of initial
application have been remedied. A school granted full approval shall
provide evidence of continued compliance with this section. In the
event that the board denies approval or reapproval, the board shall
give the school a specific listing of the deficiencies that caused
the denial and the requirements for remedying the deficiencies, and
shall permit the school, upon request, to demonstrate by satisfactory
evidence, within 90 days, that it has remedied the deficiencies
listed by the board.
   (f) A school shall pay a registration fee established by rule of
the board, not to exceed one thousand dollars ($1,000), at the time
of application for approval and shall pay all reasonable costs and
expenses the board incurs for the conduct of the approval survey.
   (g) The board shall renew approval upon receipt of a renewal
application, accompanied by a fee not to exceed five hundred dollars
($500). Each fully approved institution shall submit a renewal
application every seven years. Any approval that is not renewed shall
automatically expire.


1636.6.  The Legislature hereby finds and declares that in order to
assure that the people of California receive the highest quality of
dental care, dentists graduating from dental schools outside of the
United States who apply for licensure in California must possess the
same training and skills as applicants from schools that have been
approved by the board. The Legislature further finds and declares
that the current process for ensuring the adequacy of training of
these applicants is deficient, that high numbers of foreign dental
graduates are failing the restorative technique examination required
in Section 1636, and that there are numerous repeat failures. The
Legislature further finds and declares that while current law
requires that a foreign dental graduate who fails the restorative
technique examination is required to take a minimum of two years of
additional training from a dental school approved by the board, only
three of the five dental schools operating in California offer a
two-year course of study for graduates of foreign dental schools.
   Therefore, the Legislature hereby urges all dental schools in this
state to provide in their curriculum a two-year course of study that
may be utilized by graduates of foreign dental schools to attain the
prerequisites for licensure in California.


State Codes and Statutes

Statutes > California > Bpc > 1625-1636.6

BUSINESS AND PROFESSIONS CODE
SECTION 1625-1636.6



1625.  Dentistry is the diagnosis or treatment, by surgery or other
method, of diseases and lesions and the correction of malpositions of
the human teeth, alveolar process, gums, jaws, or associated
structures; and such diagnosis or treatment may include all necessary
related procedures as well as the use of drugs, anesthetic agents,
and physical evaluation. Without limiting the foregoing, a person
practices dentistry within the meaning of this chapter who does any
one or more of the following:
   (a) By card, circular, pamphlet, newspaper or in any other way
advertises himself or represents himself to be a dentist.
   (b) Performs, or offers to perform, an operation or diagnosis of
any kind, or treats diseases or lesions of the human teeth, alveolar
process, gums, jaws, or associated structures, or corrects malposed
positions thereof.
   (c) In any way indicates that he will perform by himself or his
agents or servants any operation upon the human teeth, alveolar
process, gums, jaws, or associated structures, or in any way
indicates that he will construct, alter, repair, or sell any bridge,
crown, denture or other prosthetic appliance or orthodontic
appliance.
   (d) Makes, or offers to make, an examination of, with the intent
to perform or cause to be performed any operation on the human teeth,
alveolar process, gums, jaws, or associated structures.
   (e) Manages or conducts as manager, proprietor, conductor, lessor,
or otherwise, a place where dental operations are performed.



1625.1.  (a) Any of the following entities may employ licensees and
dental assistants and charge for the professional services they
render, and shall not be deemed to be practicing dentistry within the
meaning of Section 1625:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (b) The entities described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter. A requirement that licensees
shall constitute all or a percentage of the governing body of the
entity shall not be applicable to these entities.



1625.2.  (a) For purposes of subdivision (e) of Section 1625, the
ownership or management, by a tax-exempt nonprofit corporation
supported and maintained in whole or in substantial part by
donations, bequests, gifts, grants, government funds, or
contributions, that may be in the form of money, goods, or services,
of a place where dental operations are performed, shall not be
construed to be the unlicensed practice of dentistry, as long as all
of the following apply:
   (1) The entity obtains the board's approval to offer dental
services pursuant to regulations adopted by the board.
   (2) The entity does nothing to interfere with, control, or
otherwise direct the professional judgment of or provision of dental
services by a licensee or dental assistant acting within his or her
scope of practice as defined in this chapter.
   (3) The licensees and dental assistants of the entity providing
services are in compliance with all applicable provisions of this
chapter.
   (4) The entity is otherwise in compliance with this chapter and
all other applicable provisions of state and federal law.
   (b) This section does not apply to any of the following entities:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.



1625.3.  (a) Notwithstanding any other provision of law, upon the
incapacity or death of a dentist, if the requirements of Section
1625.4 are met, any of the following persons may employ licensees and
dental assistants and charge for the professional services they
render for a period not to exceed 12 months from the date of the
dentist's death or incapacity without being deemed to be practicing
dentistry within the meaning of Section 1625:
   (1) The legal guardian, conservator, or authorized representative
of an incapacitated dentist.
   (2) The executor or administrator of the estate of a dentist who
is deceased.
   (3) The named trustee or successor trustee of a trust or subtrust
that owns assets consisting only of the incapacitated or deceased
dentist's dental practice and that was established solely for the
purpose of disposition of the dental practice upon the dentist's
incapacity or death.
   (b) The persons described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter.



1625.4.  (a) Where the dental practice of an incapacitated or
deceased dentist is a sole proprietorship or where an incapacitated
or deceased dentist is the sole shareholder of a professional dental
corporation, a person identified in subdivision (a) of Section 1625.3
may enter into a contract with one or more dentists licensed in the
state to continue the operations of the incapacitated or deceased
dentist's dental practice for a period of no more than 12 months from
the date of death or incapacity, or until the practice is sold or
otherwise disposed of, whichever occurs first, if all of the
following conditions are met:
   (1) The person identified in subdivision (a) of Section 1625.3
delivers to the board a notification of death or incapacity that
includes all of the following information:
   (A) The name and license number of the deceased or incapacitated
dentist.
   (B) The name and address of the dental practice.
   (C) If the dentist is deceased, the name, address, and tax
identification number of the estate or trust.
   (D) The name and license number of each dentist who will operate
the dental practice.
   (E) A statement that the information provided is true and correct,
and that the person identified in subdivision (a) of Section 1625.3
understands that any interference by the person or by his or her
assignee with the contracting dentist's or dentists' practice of
dentistry or professional judgment is grounds for immediate
termination of the operations of the dental practice without a
hearing. The statement shall also provide that if the person required
to make this notification willfully states as true any material fact
that he or she knows to be false, he or she shall be subject to a
civil penalty of up to ten thousand dollars ($10,000) in an action
brought by any public prosecutor. A civil penalty imposed under this
subparagraph shall be enforced as a civil judgment.
   (2) The dentist or dentists who will operate the practice shall be
licensed by the board and that license shall be current, valid, and
shall not be suspended, restricted, or otherwise the subject of
discipline.
   (3) Within 30 days after the death or incapacity of a dentist, the
person identified in subdivision (a) of Section 1625.3 or the
contracting dentist or dentists shall send notification of the death
or incapacity by mail to the last known address of each current
patient of record with an explanation of how copies of the patient's
records may be obtained. This notice may also contain any other
relevant information concerning the continuation of the dental
practice. The failure to comply with the notification requirement
within the 30-day period shall be grounds for terminating the
operation of the dental practice under subdivision (b). The
contracting dentist or dentists shall obtain a form signed by the
patient, or the patient's guardian or legal representative, that
releases the patient's confidential dental records to the contracting
dentist or dentists prior to use of those records.
   (b) The board may order the termination of the operations of a
dental practice operating pursuant to this section if the board
determines that the practice is operating in violation of this
section. The board shall provide written notification at the address
provided pursuant to subparagraph (B) of paragraph (1) of subdivision
(a). If the board does not receive a written appeal of the
determination that the practice is operating in violation of this
section within 10 days of receipt of the notice, the determination to
terminate the operations of the dental practice shall take effect
immediately. If an appeal is received in a timely manner by the
board, the executive officer of the board, or his or her designee,
shall conduct an informal hearing. The decision of the executive
officer or his or her designee shall be mailed to the practice no
later than 10 days after the informal hearing, is the final decision
in the matter, and is not subject to appeal under the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code).
   (c) Notwithstanding subdivision (b), if the board finds evidence
that the person identified in subdivision (a) of Section 1625.3, or
his or her assignee, has interfered with the practice or professional
judgment of the contracting dentist or dentists or otherwise finds
evidence that a violation of this section constitutes an immediate
threat to the public health, safety, or welfare, the board may
immediately order the termination of the operations of the dental
practice without an informal hearing.
   (d) A notice of an order of immediate termination of the dental
practice without an informal hearing, as referenced in subdivision
(b), shall be served by certified mail on the person identified in
subdivision (a) of Section 1625.3 at the address provided pursuant to
subparagraph (B) or (C) of paragraph (1) of subdivision (a), as
appropriate, and on the contracting dentist or dentists at the
address of the dental practice provided pursuant to subparagraph (B)
of paragraph (1) of subdivision (a).
   (e) A person receiving notice of an order of immediate termination
pursuant to subdivision (d) may petition the board within 30 days of
the date of service of the notice for an informal hearing before the
executive officer or his or her designee, which shall take place
within 30 days of the filing of the petition.
   (f) A notice of the decision of the executive officer or his or
her designee following an informal hearing held pursuant to
subdivision (b) shall be served by certified mail on the person
identified in subdivision (a) of Section 1625.3 at the address
provided pursuant to subparagraph (B) or (C) of paragraph (1) of
subdivision (a), as appropriate, and on the contracting dentist or
dentists at the address of the dental practice provided pursuant to
subparagraph (B) of paragraph (1) of subdivision (a).
   (g) The board may require the submission to the board of any
additional information necessary for the administration of this
section.



1625.5.  The following written notification shall be included with,
or as part of, all application forms required for a license to
practice dentistry pursuant to this article and for renewal of that
license pursuant to Article 6 (commencing with Section 1715):
   "Effective January 1, 2008, certain nondentists may, upon your
death or incapacity, contract with another licensed dentist or
dentists to continue your dental practice for a period not exceeding
12 months if certain conditions are met. Sections 1625.3 and 1625.4
of the Business and Professions Code permit the legal guardian or
conservator or authorized representative of an incapacitated dentist,
the executor or administrator of the estate of a deceased dentist,
or the named trustee or successor trustee of a trust or subtrust who
meets certain requirements, to contract with a licensed dentist or
dentists to continue the incapacitated or deceased dentist's dental
practice for a period not to exceed 12 months from the date of death
or incapacity if the practice meets specified criteria and if certain
other conditions are met, including providing a specific
notification to the Dental Board of California. You and your estate
planner should become familiar with these requirements and the
notification process. Please contact the Dental Board of California
for additional information."


1626.  It is unlawful for any person to engage in the practice of
dentistry in the state, either privately or as an employee of a
governmental agency or political subdivision, unless the person has a
valid, unexpired license or special permit from the board.
   The following practices, acts and operations, however, are exempt
from the operation of this chapter:
   (a) The practice of oral surgery by a physician and surgeon
licensed under the Medical Practice Act.
   (b) The operations, in dental schools approved by the board, of
bona fide students of dentistry or dental hygiene in the school's
clinical departments or laboratories or in a dental extension program
approved by the board or in an advanced dental education program
accredited by the Commission on Dental Accreditation of the American
Dental Association or a national accrediting body approved by the
board.
   (c) The practice of dentistry by licensed dentists of other states
or countries while appearing and operating as bona fide clinicians
or instructors in dental colleges approved by the Dental Board of
California.
   (d) The practice of dentistry by licensed dentists of other states
or countries in conducting or making a clinical demonstration before
any bona fide dental or medical society, association, or convention;
provided, however, the consent of the Dental Board of California to
the making and conducting of the clinical demonstration shall be
first had and obtained.
   (e) The construction, making, verification of shade taking,
alteration or repairing of bridges, crowns, dentures, or other
prosthetic appliances, or orthodontic appliances, when the casts or
impressions for this work have been made or taken by a licensed
dentist, but a written authorization signed by a licensed dentist
shall accompany the order for the work or it shall be performed in
the office of a licensed dentist under his or her supervision. The
burden of proving written authorization or direct supervision is upon
the person charged with the violation of this chapter.
   It is unlawful for any person acting under the exemption of this
subdivision to represent or hold out to the public in any manner that
he or she will perform or render any of the services exempted by
this subdivision that are rendered or performed under the provisions
of this chapter by a licensed dentist, including the construction,
making, alteration or repairing of dental prosthetic or orthodontic
appliances.
   (f) The manufacture or sale of wholesale dental supplies.
   (g) The practice of dentistry or dental hygiene by applicants
during a licensing examination conducted in this state by the
licensing agency of another state which does not have a dental
school; provided, however, that the consent of the board to the
conducting of the examination shall first have been obtained and that
the examination shall be conducted in a dental college accredited by
the board.
   (h) The practice by personnel of the Air Force, Army, Coast Guard,
or Navy or employees of the United States Public Health Service,
Veterans' Administration, or Bureau of Indian Affairs when engaged in
the discharge of official duties.



1626.2.  A dentist licensed under this chapter is a licentiate for
purposes of paragraph (2) of subdivision (a) of Section 805, and thus
is a health care practitioner subject to the provisions of Section
2290.5 pursuant to subdivision (b) of that section.



1626.5.  (a) A licensed dentist, or group of dentists, or dental
corporation shall not share in any fee charged by a person for
performing acupuncture or receive anything of value from or on behalf
of such acupuncturist for any referral or diagnosis.
   (b) A licensed dentist shall not employ more than one person to
perform acupuncture services.
   (c) A group of dentists or a dental corporation shall not employ
more than one person to perform acupuncture services for every 20
dentists in such group or corporation.



1626.5.  In addition to the exemptions set forth in Section 1626,
the operations by bona fide students of registered dental assisting,
registered dental assisting in extended functions, and registered
dental hygiene in extended functions in the clinical departments or
the laboratory of an educational program or school approved by the
board, including operations by unlicensed students while engaged in
clinical externship programs that have been approved by an approved
educational program or school, and that are under the general
programmatic and academic supervision of that educational program or
school, are exempt from the operation of this chapter.



1627.  The license of any dentist, existing at the time of the
passage of this chapter, shall continue in force until it expires or
is forfeited in the manner provided by this chapter.



1627.5.  (a) No person licensed under this chapter, who in good
faith renders emergency care at the scene of an emergency occurring
outside the place of that person's practice, or who, upon the request
of another person so licensed, renders emergency care to a person
for a complication arising from prior care of another person so
licensed, shall be liable for any civil damages as a result of any
acts or omissions by that person in rendering the emergency care.
   (b) A person licensed under this chapter who voluntarily and
without compensation or expectation of compensation, and consistent
with the dental education and emergency training that he or she has
received, provides emergency medical care to a person during a state
of emergency declared pursuant to a proclamation issued pursuant to
Section 8588, 8625, or 8630 of the Government Code or a declaration
of health emergency issued pursuant to Section 101080 of the Health
and Safety Code shall not be liable in negligence for any personal
injury, wrongful death, or property damage caused by the licensee's
good faith but negligent act or omission. This subdivision shall not
provide immunity for acts or omissions of gross negligence or willful
misconduct. This subdivision does not limit any immunity provided
under subdivision (a).
   (c) Notwithstanding any other provision of law, for the duration
of a declared state of emergency, pursuant to a proclamation of
emergency issued pursuant to Section 8625 of the Government Code, the
board may suspend compliance with any provision of this chapter or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.




1627.7.  (a) A dentist shall not be liable for damages for injury or
death caused in an emergency situation occurring in the dentist's
office or in a hospital on account of a failure to inform a patient
of the possible consequences of a dental procedure where the failure
to inform is caused by any of the following:
   (1) The patient was unconscious.
   (2) The dental procedure was undertaken without the consent of the
patient because the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient.
   (3) A dental procedure was performed on a person legally incapable
of giving consent, and the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to obtain the informed consent of a person
authorized to give such consent for the patient.
   (b) This section is applicable only to actions for damages for
injuries or death arising because of a dentist's failure to inform,
and not to actions for such damages arising because of a dentist's
negligence in rendering or failing to render treatment.
   (c) As used in this section:
   (1) "Dentist" means a person licensed as a dentist pursuant to
this chapter.
   (2) "Emergency situation occurring in a hospital" means a
situation occurring in a hospital, whether or not it occurs in an
emergency room, requiring immediate services for alleviation of
severe pain or immediate diagnosis and treatment of unforeseeable
dental conditions, which, if not immediately diagnosed and treated,
would lead to serious disability or death.
   (3) "Hospital" means a licensed general acute care hospital as
defined in subdivision (a) of Section 1250 of the Health and Safety
Code.
   (4) "Emergency situation occurring in the dentist's office" means
a situation occurring in an office, other than a hospital, used by
the dentist for the examination or treatment of patients, requiring
immediate services for alleviation of severe pain, or immediate
diagnosis and treatment of unforeseeable dental conditions, which, if
not immediately diagnosed and treated, would lead to serious
disability or death.



1628.  Any person over 18 years of age is eligible to take an
examination before the board upon making application therefor and
meeting all of the following requirements:
   (a) Paying the fee for applicants for examination provided by this
chapter.
   (b) Furnishing satisfactory evidence of having graduated from a
reputable dental college approved by the board; provided, also, that
applicants furnishing evidence of having graduated after 1921 shall
also present satisfactory evidence of having completed at dental
school or schools the full number of academic years of undergraduate
courses required for graduation. For purposes of this article,
"reputable dental college approved by the board" or "approved dental
school" include a foreign dental school accredited by a body that has
a reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.
   (c) Furnishing the satisfactory evidence of financial
responsibility or liability insurance for injuries sustained or
claimed to be sustained by a dental patient in the course of the
examination as a result of the applicant's actions.
   (d) If the applicant has been issued a degree of doctor of dental
medicine or doctor of dental surgery by a foreign dental school, he
or she shall furnish all of the following documentary evidence to the
board:
   (1) That he or she has completed, in a dental school or schools
approved by the board pursuant to Section 1636.4, a resident course
of professional instruction in dentistry for the full number of
academic years of undergraduate courses required for graduation.
   (2) Subsequent thereto, he or she has been issued by the dental
school a dental diploma or a dental degree, as evidence of the
successful completion of the course of dental instruction required
for graduation.
   (e) Any applicant who has been issued a dental diploma from a
foreign dental school that has not, at the time of his or her
graduation from the school, been approved by the board pursuant to
Section 1636.4 shall not be eligible for examination until the
applicant has successfully completed a minimum of two academic years
of education at a dental college approved by the board pursuant to
Article 1 (commencing with Section 1024) of Chapter 2 of Division 10
of Title 16 of the California Code of Regulations and has been issued
a degree of doctor of dental medicine or doctor of dental surgery or
its equivalent. This subdivision shall not apply to applicants who
have successfully completed the requirements of Section 1636 as it
read before it was repealed on January 1, 2004, on or before December
31, 2003, or who have successfully completed the requirements of
Section 1628.2 on or before December 31, 2008. An applicant who has
successfully completed the requirements of Section 1636 as it read
before it was repealed on January 1, 2004, on or before December 31,
2003, or who has successfully completed the requirements of Section
1628.2 on or before December 31, 2008, shall be eligible to take the
examination required by Section 1632, subject to the limitations set
forth in subdivisions (b) and (c) of Section 1633.
   (f) Subdivisions (d) and (e) do not apply to a person who has been
issued a degree of doctor of dental medicine or doctor of dental
surgery by a foreign dental school accredited by a body that has a
reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.



1628.5.  The board may deny an application to take an examination
for licensure as a dentist or dental auxiliary or an application for
registration as a dental corporation, or, at any time prior to
licensure, the board may deny the issuance of a license to an
applicant for licensure as a dentist or dental auxiliary, if the
applicant has done any of the following:
   (a) Committed any act which would be grounds for the suspension or
revocation of a license issued pursuant to this code.
   (b) Committed any act or been convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (c) While unlicensed, committed, or aided and abetted the
commission of, any act for which a license is required by this
chapter.
   (d) Suspension or revocation of a license issued by another state
or territory on grounds which would constitute a basis for suspension
or revocation of licensure in this state.
   The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.



1628.7.  (a) The board may, upon an applicant's successful
completion of the board examination, in its sole discretion, issue a
probationary license to an applicant for licensure as a dentist or
dental auxiliary. The board may require, as a term or condition of
issuing the probationary license, the applicant to do any of the
following, including, but not limited to:
   (1) Successfully complete a professional competency examination.
   (2) Submit to a medical or psychological evaluation.
   (3) Submit to continuing medical or psychological treatment.
   (4) Abstain from the use of alcohol or drugs.
   (5) Submit to random fluid testing for alcohol or controlled
substance abuse.
   (6) Submit to continuing participation in a board approved
rehabilitation program.
   (7) Restrict the type or circumstances of practice.
   (8) Submit to continuing education and coursework.
   (9) Comply with requirements regarding notification to employer
and changes of employment.
   (10) Comply with probation monitoring.
   (11) Comply with all laws and regulations governing the practice
of dentistry.
   (12) Limit practice to a supervised structured environment in
which the licensee's activities shall be supervised by another
dentist.
   (13) Submit to total or partial restrictions on drug prescribing
privileges.
   (b) The probation shall be for three years and the licensee may
petition the board for early termination, or modification of a
condition of, the probation in accordance with subdivision (b) of
Section 1686.
   (c) The proceeding under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.



1629.  (a) Any member of the board may inquire of any applicant for
examination concerning his or her qualifications or experience and
may take testimony of anyone in regard thereto, under oath, which he
or she is hereby empowered to administer.
   (b) Each applicant for licensure under this chapter shall furnish
fingerprint cards for submission to state and federal criminal
justice agencies, including, but not limited to, the Federal Bureau
of Investigation, in order to establish the identity of the applicant
and in order to determine whether the applicant has a record of any
criminal convictions in this state or in any other jurisdiction,
including foreign countries. The information obtained as a result of
the fingerprinting of the applicant shall be used in accordance with
Section 11105 of the Penal Code, and to determine whether the
applicant is subject to denial of licensure pursuant to Division 1.5
(commencing with Section 475) or Section 1628.5.




1630.  The examination of applicants for a license to practice
dentistry in this state, as described in Section 1632, shall be
sufficiently thorough to test the fitness of the applicant to
practice dentistry, and both questions and answers shall be written
in the English language.



1632.  (a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National Dental
Examinations.
   (b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed and
administered by the board. The board shall provide a separate
application for this examination. Applicants shall submit this
application and required fee to the board in order to take this
examination. In addition to the aforementioned application, the only
other requirement for taking this examination shall be certification
from the dean of the qualifying dental school attended by the
applicant that the applicant has graduated, or will graduate, or is
expected to graduate. Applicants who submit completed applications
and certification from the dean at least 15 days prior to a scheduled
examination shall be scheduled to take the examination. Successful
results of the examination shall, as established by board regulation,
remain valid for two years from the date that the applicant is
notified of having passed the examination.
   (c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:
   (1) A portfolio examination of the applicant's competence to enter
the practice of dentistry. This examination shall be conducted while
the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination shall
utilize uniform standards of clinical experiences and competencies,
as approved by the board pursuant to Section 1632.1. The applicant
shall pass a final assessment of the submitted portfolio at the end
of his or her dental school program. Before any portfolio assessment
may be submitted to the board, the applicant shall remit to the board
a three hundred fifty dollar ($350) fee, to be deposited into the
State Dentistry Fund, and a letter of good standing signed by the
dean of his or her dental school or his or her delegate stating that
the applicant has graduated or will graduate with no pending ethical
issues.
   (A) The portfolio examination shall not be conducted until the
board adopts regulations to carry out this paragraph. The board shall
post notice on its Internet Web site when these regulations have
been adopted.
   (B) The board shall also provide written notice to the Legislature
and the Legislative Counsel when these regulations have been
adopted.
   (2) A clinical and written examination administered by the Western
Regional Examining Board, which board shall determine the passing
score for that examination.
   (d) Notwithstanding subdivision (b) of Section 1628, the board is
authorized to do either of the following:
   (1) Approve an application for examination from, and to examine an
applicant who is enrolled in, but has not yet graduated from, a
reputable dental school approved by the board.
   (2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled in,
but had not graduated from, a reputable dental school approved by
the board at the time the examination was administered.
   In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).



1632.1.  (a) With regard to the portfolio examination specified in
paragraph (1) of subdivision (c) of Section 1632, the board shall
independently monitor and audit the standardization and calibration
of dental school competency instructors at least biennially to ensure
standardization and an acceptable level of calibration in the
grading of the examination. Each dental school's competency
examinations shall be audited biennially by the board.
   (b) The board shall oversee all aspects of the portfolio
examination process specified in paragraph (1) of subdivision (c) of
Section 1632 and under this section, but shall not interfere with the
dental school authority to establish and deliver an accredited
curriculum. The board shall determine an end-of-year deadline, in
consultation with the current board-approved dental schools, to
determine when the portfolio examinations shall be completed and
submitted to the board for review by the board's examiners.
   (c) The board, in consultation with the current board-approved
dental schools, shall approve portfolio examination competencies and
the minimum number of clinical experiences required for successful
completion of the portfolio examination.
   (d) The board shall require and verify successful completion of
competency examinations that were performed on a patient of record of
a board-approved dental school, including, but not limited to, the
following:
   (1) Comprehensive oral diagnosis and treatment planning.
   (2) Periodontics.
   (3) Direct restorations.
   (4) Indirect restorations.
   (5) Removable prosthodontics.
   (6) Endodontics.



1632.5.  (a) Prior to implementation of paragraph (2) of subdivision
(c) of Section 1632, the department's Office of Professional
Examination Services shall review the Western Regional Examining
Board examination to ensure compliance with the requirements of
Section 139 and to certify that the examination process meets those
standards. If the department determines that the examination process
fails to meet those standards, paragraph (2) of subdivision (c) of
Section 1632 shall not be implemented. The review of the Western
Regional Examining Board examination shall be conducted during or
after the Dental Board of California's occupational analysis
scheduled for the 2004-05 fiscal year, but not later than September
30, 2005. However, an applicant who successfully completes the
Western Regional Examining Board examination on or after January 1,
2005, shall be deemed to have met the requirements of subdivision (c)
of Section 1632 if the department certifies that the Western
Regional Examining Board examination meets the standards set forth in
this subdivision.
   (b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
   (c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
   (d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1632.6.  (a) As part of the ongoing implementation of paragraph (1)
of subdivision (c) of Section 1632, the board shall review the
portfolio examination to ensure compliance with the requirements of
Section 139 and to certify that the portfolio examination process
meets those requirements. If the board determines that the portfolio
examination fails to meet those requirements, paragraph (1) of
subdivision (c) of Section 1632 shall cease to be implemented and the
portfolio examination will no longer be an option for applicants.
The board's review and certification or determination shall be
completed and submitted to the Legislature and the department by
December 1, 2016.
   (b) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (c) This section shall become inoperative on December 1, 2020,
pursuant to Section 10231.5 of the Government Code.



1633.  (a) When an applicant for a license has received a grading of
85 percent or above in any given subject, he or she shall be exempt
from reexamination on that subject in subsequent examinations before
the board within two years after the examination on which the
applicant received the exemption.
   (b) Notwithstanding Section 135, an applicant who fails to pass
the examination required by Section 1632 after three attempts shall
not be eligible for further reexamination until the applicant has
successfully completed a minimum of 50 hours of education for each
subject which the applicant failed in the applicant's last
unsuccessful examination. The coursework shall be taken at a dental
school approved by either the Commission on Dental Accreditation or a
comparable organization approved by the board, and shall be
completed within a period of one year from the date of notification
of the applicant's third failure.
   (c) The coursework described in subdivision (b) shall be required
once for every three unsuccessful examination attempts. When the
applicant applies for reexamination, he or she shall furnish proof
satisfactory to the board that he or she has successfully completed
the requirements of this section.



1634.  A person successfully passing the examination shall be
registered as a licensed dentist on the board register, as provided
in Section 1612, and shall be granted by the board a license to
practice dentistry in the State of California.




1634.1.  Notwithstanding Section 1634, the board may grant a license
to practice dentistry to an applicant who submits all of the
following to the board:
   (a) A completed application form and all fees required by the
board.
   (b) Satisfactory evidence of having graduated from a dental school
approved by the board or by the Commission on Dental Accreditation
of the American Dental Association.
   (c) Satisfactory evidence of having completed a clinically based
advanced education program in general dentistry or an advanced
education program in general practice residency that is, at minimum,
one year in duration and is accredited by either the Commission on
Dental Accreditation of the American Dental Association or a national
accrediting body approved by the board.The advanced education
program shall include a certification of clinical residency program
completion approved by the board, to be completed upon the resident's
successful completion of the program in order to evaluate his or her
competence to practice dentistry in the state.
   (d) Satisfactory evidence of having successfully completed the
written examinations of the National Board Dental Examination of the
Joint Commission on National Dental Examinations.
   (e) Satisfactory evidence of having successfully completed an
examination in California law and ethics.
   (f) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
chapter.



1634.2.  (a) An advanced education program's compliance with
subdivision (c) of Section 1634.1 shall be regularly reviewed by the
department pursuant to Section 139.
   (b) An advanced education program described in subdivision (c) of
Section 1634.1 shall meet the requirements of subdivision (a) of
Section 12944 of the Government Code.
   (c) The clinical residency program completion certification
required by subdivision (c) of Section 1634.1 shall include a list of
core competencies commensurate to those found in the board's
examinations. The board, together with the department's Office of
Professional Examination Services, shall ensure the alignment of the
competencies stated in the clinical residency program completion
certification with the board's current occupational analysis. The
board shall implement use of the clinical residency program
completion certification form and use of the core competency list
through the adoption of emergency regulations by January 1, 2008.
   (d) As part of its next scheduled review after January 1, 2007, by
the Joint Committee on Boards, Commissions and Consumer Protection,
the board shall report to that committee and to the department the
number of complaints received for those dentists who have obtained
licensure by passing the state clinical examination and for those
dentists who have obtained licensure through an advanced education
program. The report shall also contain tracking information on these
complaints and their disposition. This report shall be a component of
the evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1635.5.  (a) Notwithstanding Section 1634, the board may grant a
license to practice dentistry to an applicant who has not taken an
examination before the board, if the applicant submits all of the
following to the board:
   (1) A completed application form and all fees required by the
board.
   (2) Proof of a current license issued by another state to practice
dentistry that is not revoked or suspended or otherwise restricted.
   (3) Proof that the applicant has either been in active clinical
practice or has been a full-time faculty member in an accredited
dental education program and in active clinical practice for a total
of at least 5,000 hours in five of the seven consecutive years
immediately preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if
documentation of any of the following is submitted:
   (A) The applicant may receive credit for two of the five years of
clinical practice by demonstrating completion of a residency training
program accredited by the American Dental Association Commission on
Dental Accreditation, including, but not limited to, a general
practice residency, an advanced education in general dentistry
program, or a training program in a specialty recognized by the
American Dental Association.
   (B)  The applicant agrees to practice dentistry full time for two
years in at least one primary care clinic licensed under subdivision
(a) of Section 1204 of the Health and Safety Code or primary care
clinic exempt from licensure pursuant to subdivision (c) of Section
1206 of the Health and Safety Code, or a clinic owned or operated by
a public hospital or health system, or a clinic owned and operated by
a hospital that maintains the primary contract with a county
government to fill the county's role under Section 17000 of the
Welfare and Institutions Code. The board may periodically request
verification of compliance with these requirements, and may revoke
the license upon a finding that the employment requirement, or any
other requirement of this subparagraph, has not been met. Full-time
status shall be defined by the board for the purposes of this
subparagraph, and the board may establish exemptions to this
requirement on a case-by-case basis.
   (C)  The applicant agrees to teach or practice dentistry full time
for two years in at least one accredited dental education program as
approved by the Dental Board of California. The board may
periodically request verification of compliance with these
requirements, and may revoke the license upon a finding that the
employment requirement, or any other requirement of this
subparagraph, has not been met. Full-time status shall be defined by
the board for the purposes of this subparagraph, and the board may
establish exemptions to this requirement on a case-by-case basis.
   (4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed to practice dentistry. If the applicant has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of Article 4
(commencing with Section 1670) to warrant the submission of
additional information from the applicant or the denial of the
application for licensure.
   (5) A signed release allowing the disclosure of information from
the National Practitioner Data Bank and the verification of
registration status with the federal Drug Enforcement Administration.
The board shall review this information to determine if it presents
sufficient evidence of a violation of Article 4 (commencing with
Section 1670) to warrant the submission of additional information
from the applicant or the denial of the application for licensure.
   (6) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
section.
   (7) An acknowledgment by the applicant executed under penalty of
perjury and automatic forfeiture of license, of the following:
   (A) That the information provided by the applicant to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the applicant has not been convicted of an offense
involving conduct that would violate Section 810.
   (8) Documentation of 50 units of continuing education completed
within two years of the date of his or her application under this
section. The continuing education shall include the mandatory
coursework prescribed by the board pursuant to subdivision (b) of
Section 1645.
   (9) Any other information as specified by the board to the extent
it is required of applicants for licensure by examination under this
article.
   (b) The board shall provide in the application packet to each
out-of-state dentist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas that exist in
the state.
   (2) Those not-for-profit clinics and public hospitals seeking to
contract with licensees for dental services.
   (c) (1) The board shall review the impact of this section on the
availability of dentists in California and report to the appropriate
policy and fiscal committees of the Legislature by January 1, 2008.
The report shall include a separate section providing data specific
to those dentists who intend to fulfill the alternative clinical
practice requirements of subparagraph (B) of paragraph (3) of
subdivision (a). The report shall include, but not be limited to, all
of the following:
   (A) The total number of applicants from other states who have
sought licensure.
   (B) The number of dentists from other states licensed pursuant to
this section, as well as the number of licenses not granted and the
reasons why each license was not granted.
   (C) The location of the practice of dentists licensed pursuant to
this section.
   (D) The number of dentists licensed pursuant to this section who
establish a practice in a rural area or in an area designated as
having a shortage of practicing dentists or no dentists at all.
   (E) The length of time dentists licensed pursuant to this section
maintained their practice in the reported location. This information
shall be reported separately for dentists described in subparagraphs
(C) and (D).
   (2) In identifying a dentist's location of practice, the board
shall use medical service study areas or other appropriate geographic
descriptions for regions of the state.
   (3) If appropriate, the board may report the information required
by paragraph (1) separately for primary care dentists and
specialists.
   (d) The board is authorized to contract with a third party or
parties to review applications filed under this section and to advise
the board as to whether the applications are complete. The
contracting party, its agents, and its employees shall agree to be
bound by all provisions of law applicable to the board, its members,
and staff, governing custody and confidentiality of materials
submitted by applicants for licensure.
   (e) The board, in issuing a license under this section to an
applicant qualified under subparagraph (B) or (C) of paragraph (3) of
subdivision (a), may impose a restriction authorizing the holder to
practice dentistry only in the facilities described in subparagraph
(B) of paragraph (3) of subdivision (a) or only to practice or teach
dentistry at the accredited dental education programs described in
subparagraph (C) of paragraph (3) of subdivision (a). Upon the
expiration of the two-year term, all location restrictions on the
license shall be removed and the holder is authorized to practice
dentistry in accordance with this chapter in any allowable setting in
the state.
   (f) Notwithstanding any other provision of law, a holder of a
license issued by the board before January 1, 2006, under this
section who committed to complete the remainder of the five years of
clinical practice requirement by a contract either to practice
dentistry full time in a facility described in subparagraph (B) of
paragraph (3) of subdivision (a) or to teach or practice dentistry
full time in an accredited dental education program approved by the
board, shall be required to complete only two years of service under
the contract in order to fulfill his or her obligation under this
section. Upon the expiration of that two-year term, all location
restrictions on the license shall be removed and the holder is
authorized to practice dentistry in accordance with this chapter in
any allowable setting in the state.
   (g) A license issued pursuant to this section shall be considered
a valid, unrestricted license for purposes of Section 1972.



1635.7.  Any person licensed pursuant to Section 1635.5 shall be
required to fulfill continuing education requirements established by
the board pursuant to Section 1645 before his or her license is
eligible to be renewed in accordance with this chapter.




1636.4.  (a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges. It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that provide
an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.
   (b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to subdivision
(d). The board may contract with outside consultants or a national
professional organization to survey and evaluate foreign dental
schools. The consultant or organization shall report to the board
regarding its findings in the survey and evaluation.
   (c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school. The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval. None of the
members of the technical advisory group shall be affiliated with the
school seeking certification.
   (d) Any foreign dental school that wishes to be approved pursuant
to this section shall make application to the board for this
approval, which shall be based upon a finding that the educational
program of the foreign dental school is equivalent to that of similar
accredited institutions in the United States and adequately prepares
its students for the practice of dentistry. Curriculum, faculty
qualifications, student attendance, plant and facilities, and other
relevant factors shall be reviewed and evaluated. The board, with the
cooperation of the technical advisory group, shall identify by rule
the standards and review procedures and methodology to be used in the
approval process consistent with this subdivision. The board shall
not grant approval if deficiencies found are of such magnitude as to
prevent the students in the school from receiving an educational base
suitable for the practice of dentistry.
   (e) Periodic surveys and evaluations of all approved schools shall
be made to ensure continued compliance with this section. Approval
shall include provisional and full approval. The provisional form of
approval shall be for a period determined by the board, not to exceed
three years, and shall be granted to an institution, in accordance
with rules established by the board, to provide reasonable time for
the school seeking permanent approval to overcome deficiencies found
by the board. Prior to the expiration of a provisional approval and
before the full approval is granted, the school shall be required to
submit evidence that deficiencies noted at the time of initial
application have been remedied. A school granted full approval shall
provide evidence of continued compliance with this section. In the
event that the board denies approval or reapproval, the board shall
give the school a specific listing of the deficiencies that caused
the denial and the requirements for remedying the deficiencies, and
shall permit the school, upon request, to demonstrate by satisfactory
evidence, within 90 days, that it has remedied the deficiencies
listed by the board.
   (f) A school shall pay a registration fee established by rule of
the board, not to exceed one thousand dollars ($1,000), at the time
of application for approval and shall pay all reasonable costs and
expenses the board incurs for the conduct of the approval survey.
   (g) The board shall renew approval upon receipt of a renewal
application, accompanied by a fee not to exceed five hundred dollars
($500). Each fully approved institution shall submit a renewal
application every seven years. Any approval that is not renewed shall
automatically expire.


1636.6.  The Legislature hereby finds and declares that in order to
assure that the people of California receive the highest quality of
dental care, dentists graduating from dental schools outside of the
United States who apply for licensure in California must possess the
same training and skills as applicants from schools that have been
approved by the board. The Legislature further finds and declares
that the current process for ensuring the adequacy of training of
these applicants is deficient, that high numbers of foreign dental
graduates are failing the restorative technique examination required
in Section 1636, and that there are numerous repeat failures. The
Legislature further finds and declares that while current law
requires that a foreign dental graduate who fails the restorative
technique examination is required to take a minimum of two years of
additional training from a dental school approved by the board, only
three of the five dental schools operating in California offer a
two-year course of study for graduates of foreign dental schools.
   Therefore, the Legislature hereby urges all dental schools in this
state to provide in their curriculum a two-year course of study that
may be utilized by graduates of foreign dental schools to attain the
prerequisites for licensure in California.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Bpc > 1625-1636.6

BUSINESS AND PROFESSIONS CODE
SECTION 1625-1636.6



1625.  Dentistry is the diagnosis or treatment, by surgery or other
method, of diseases and lesions and the correction of malpositions of
the human teeth, alveolar process, gums, jaws, or associated
structures; and such diagnosis or treatment may include all necessary
related procedures as well as the use of drugs, anesthetic agents,
and physical evaluation. Without limiting the foregoing, a person
practices dentistry within the meaning of this chapter who does any
one or more of the following:
   (a) By card, circular, pamphlet, newspaper or in any other way
advertises himself or represents himself to be a dentist.
   (b) Performs, or offers to perform, an operation or diagnosis of
any kind, or treats diseases or lesions of the human teeth, alveolar
process, gums, jaws, or associated structures, or corrects malposed
positions thereof.
   (c) In any way indicates that he will perform by himself or his
agents or servants any operation upon the human teeth, alveolar
process, gums, jaws, or associated structures, or in any way
indicates that he will construct, alter, repair, or sell any bridge,
crown, denture or other prosthetic appliance or orthodontic
appliance.
   (d) Makes, or offers to make, an examination of, with the intent
to perform or cause to be performed any operation on the human teeth,
alveolar process, gums, jaws, or associated structures.
   (e) Manages or conducts as manager, proprietor, conductor, lessor,
or otherwise, a place where dental operations are performed.



1625.1.  (a) Any of the following entities may employ licensees and
dental assistants and charge for the professional services they
render, and shall not be deemed to be practicing dentistry within the
meaning of Section 1625:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.
   (b) The entities described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter. A requirement that licensees
shall constitute all or a percentage of the governing body of the
entity shall not be applicable to these entities.



1625.2.  (a) For purposes of subdivision (e) of Section 1625, the
ownership or management, by a tax-exempt nonprofit corporation
supported and maintained in whole or in substantial part by
donations, bequests, gifts, grants, government funds, or
contributions, that may be in the form of money, goods, or services,
of a place where dental operations are performed, shall not be
construed to be the unlicensed practice of dentistry, as long as all
of the following apply:
   (1) The entity obtains the board's approval to offer dental
services pursuant to regulations adopted by the board.
   (2) The entity does nothing to interfere with, control, or
otherwise direct the professional judgment of or provision of dental
services by a licensee or dental assistant acting within his or her
scope of practice as defined in this chapter.
   (3) The licensees and dental assistants of the entity providing
services are in compliance with all applicable provisions of this
chapter.
   (4) The entity is otherwise in compliance with this chapter and
all other applicable provisions of state and federal law.
   (b) This section does not apply to any of the following entities:
   (1) A primary care clinic that is licensed pursuant to subdivision
(a) of Section 1204 of the Health and Safety Code.
   (2) A primary care clinic that is exempt from licensure pursuant
to subdivision (b), (c), or (h) of Section 1206 of the Health and
Safety Code.
   (3) A clinic owned or operated by a public hospital or health
system.
   (4) A clinic owned and operated by a hospital that maintains the
primary contract with a county government to fill the county's role
under Section 17000 of the Welfare and Institutions Code.



1625.3.  (a) Notwithstanding any other provision of law, upon the
incapacity or death of a dentist, if the requirements of Section
1625.4 are met, any of the following persons may employ licensees and
dental assistants and charge for the professional services they
render for a period not to exceed 12 months from the date of the
dentist's death or incapacity without being deemed to be practicing
dentistry within the meaning of Section 1625:
   (1) The legal guardian, conservator, or authorized representative
of an incapacitated dentist.
   (2) The executor or administrator of the estate of a dentist who
is deceased.
   (3) The named trustee or successor trustee of a trust or subtrust
that owns assets consisting only of the incapacitated or deceased
dentist's dental practice and that was established solely for the
purpose of disposition of the dental practice upon the dentist's
incapacity or death.
   (b) The persons described in subdivision (a) shall not interfere
with, control, or otherwise direct the professional judgment of a
licensee or dental assistant acting within his or her scope of
practice as defined in this chapter.



1625.4.  (a) Where the dental practice of an incapacitated or
deceased dentist is a sole proprietorship or where an incapacitated
or deceased dentist is the sole shareholder of a professional dental
corporation, a person identified in subdivision (a) of Section 1625.3
may enter into a contract with one or more dentists licensed in the
state to continue the operations of the incapacitated or deceased
dentist's dental practice for a period of no more than 12 months from
the date of death or incapacity, or until the practice is sold or
otherwise disposed of, whichever occurs first, if all of the
following conditions are met:
   (1) The person identified in subdivision (a) of Section 1625.3
delivers to the board a notification of death or incapacity that
includes all of the following information:
   (A) The name and license number of the deceased or incapacitated
dentist.
   (B) The name and address of the dental practice.
   (C) If the dentist is deceased, the name, address, and tax
identification number of the estate or trust.
   (D) The name and license number of each dentist who will operate
the dental practice.
   (E) A statement that the information provided is true and correct,
and that the person identified in subdivision (a) of Section 1625.3
understands that any interference by the person or by his or her
assignee with the contracting dentist's or dentists' practice of
dentistry or professional judgment is grounds for immediate
termination of the operations of the dental practice without a
hearing. The statement shall also provide that if the person required
to make this notification willfully states as true any material fact
that he or she knows to be false, he or she shall be subject to a
civil penalty of up to ten thousand dollars ($10,000) in an action
brought by any public prosecutor. A civil penalty imposed under this
subparagraph shall be enforced as a civil judgment.
   (2) The dentist or dentists who will operate the practice shall be
licensed by the board and that license shall be current, valid, and
shall not be suspended, restricted, or otherwise the subject of
discipline.
   (3) Within 30 days after the death or incapacity of a dentist, the
person identified in subdivision (a) of Section 1625.3 or the
contracting dentist or dentists shall send notification of the death
or incapacity by mail to the last known address of each current
patient of record with an explanation of how copies of the patient's
records may be obtained. This notice may also contain any other
relevant information concerning the continuation of the dental
practice. The failure to comply with the notification requirement
within the 30-day period shall be grounds for terminating the
operation of the dental practice under subdivision (b). The
contracting dentist or dentists shall obtain a form signed by the
patient, or the patient's guardian or legal representative, that
releases the patient's confidential dental records to the contracting
dentist or dentists prior to use of those records.
   (b) The board may order the termination of the operations of a
dental practice operating pursuant to this section if the board
determines that the practice is operating in violation of this
section. The board shall provide written notification at the address
provided pursuant to subparagraph (B) of paragraph (1) of subdivision
(a). If the board does not receive a written appeal of the
determination that the practice is operating in violation of this
section within 10 days of receipt of the notice, the determination to
terminate the operations of the dental practice shall take effect
immediately. If an appeal is received in a timely manner by the
board, the executive officer of the board, or his or her designee,
shall conduct an informal hearing. The decision of the executive
officer or his or her designee shall be mailed to the practice no
later than 10 days after the informal hearing, is the final decision
in the matter, and is not subject to appeal under the Administrative
Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of
Division 3 of Title 2 of the Government Code).
   (c) Notwithstanding subdivision (b), if the board finds evidence
that the person identified in subdivision (a) of Section 1625.3, or
his or her assignee, has interfered with the practice or professional
judgment of the contracting dentist or dentists or otherwise finds
evidence that a violation of this section constitutes an immediate
threat to the public health, safety, or welfare, the board may
immediately order the termination of the operations of the dental
practice without an informal hearing.
   (d) A notice of an order of immediate termination of the dental
practice without an informal hearing, as referenced in subdivision
(b), shall be served by certified mail on the person identified in
subdivision (a) of Section 1625.3 at the address provided pursuant to
subparagraph (B) or (C) of paragraph (1) of subdivision (a), as
appropriate, and on the contracting dentist or dentists at the
address of the dental practice provided pursuant to subparagraph (B)
of paragraph (1) of subdivision (a).
   (e) A person receiving notice of an order of immediate termination
pursuant to subdivision (d) may petition the board within 30 days of
the date of service of the notice for an informal hearing before the
executive officer or his or her designee, which shall take place
within 30 days of the filing of the petition.
   (f) A notice of the decision of the executive officer or his or
her designee following an informal hearing held pursuant to
subdivision (b) shall be served by certified mail on the person
identified in subdivision (a) of Section 1625.3 at the address
provided pursuant to subparagraph (B) or (C) of paragraph (1) of
subdivision (a), as appropriate, and on the contracting dentist or
dentists at the address of the dental practice provided pursuant to
subparagraph (B) of paragraph (1) of subdivision (a).
   (g) The board may require the submission to the board of any
additional information necessary for the administration of this
section.



1625.5.  The following written notification shall be included with,
or as part of, all application forms required for a license to
practice dentistry pursuant to this article and for renewal of that
license pursuant to Article 6 (commencing with Section 1715):
   "Effective January 1, 2008, certain nondentists may, upon your
death or incapacity, contract with another licensed dentist or
dentists to continue your dental practice for a period not exceeding
12 months if certain conditions are met. Sections 1625.3 and 1625.4
of the Business and Professions Code permit the legal guardian or
conservator or authorized representative of an incapacitated dentist,
the executor or administrator of the estate of a deceased dentist,
or the named trustee or successor trustee of a trust or subtrust who
meets certain requirements, to contract with a licensed dentist or
dentists to continue the incapacitated or deceased dentist's dental
practice for a period not to exceed 12 months from the date of death
or incapacity if the practice meets specified criteria and if certain
other conditions are met, including providing a specific
notification to the Dental Board of California. You and your estate
planner should become familiar with these requirements and the
notification process. Please contact the Dental Board of California
for additional information."


1626.  It is unlawful for any person to engage in the practice of
dentistry in the state, either privately or as an employee of a
governmental agency or political subdivision, unless the person has a
valid, unexpired license or special permit from the board.
   The following practices, acts and operations, however, are exempt
from the operation of this chapter:
   (a) The practice of oral surgery by a physician and surgeon
licensed under the Medical Practice Act.
   (b) The operations, in dental schools approved by the board, of
bona fide students of dentistry or dental hygiene in the school's
clinical departments or laboratories or in a dental extension program
approved by the board or in an advanced dental education program
accredited by the Commission on Dental Accreditation of the American
Dental Association or a national accrediting body approved by the
board.
   (c) The practice of dentistry by licensed dentists of other states
or countries while appearing and operating as bona fide clinicians
or instructors in dental colleges approved by the Dental Board of
California.
   (d) The practice of dentistry by licensed dentists of other states
or countries in conducting or making a clinical demonstration before
any bona fide dental or medical society, association, or convention;
provided, however, the consent of the Dental Board of California to
the making and conducting of the clinical demonstration shall be
first had and obtained.
   (e) The construction, making, verification of shade taking,
alteration or repairing of bridges, crowns, dentures, or other
prosthetic appliances, or orthodontic appliances, when the casts or
impressions for this work have been made or taken by a licensed
dentist, but a written authorization signed by a licensed dentist
shall accompany the order for the work or it shall be performed in
the office of a licensed dentist under his or her supervision. The
burden of proving written authorization or direct supervision is upon
the person charged with the violation of this chapter.
   It is unlawful for any person acting under the exemption of this
subdivision to represent or hold out to the public in any manner that
he or she will perform or render any of the services exempted by
this subdivision that are rendered or performed under the provisions
of this chapter by a licensed dentist, including the construction,
making, alteration or repairing of dental prosthetic or orthodontic
appliances.
   (f) The manufacture or sale of wholesale dental supplies.
   (g) The practice of dentistry or dental hygiene by applicants
during a licensing examination conducted in this state by the
licensing agency of another state which does not have a dental
school; provided, however, that the consent of the board to the
conducting of the examination shall first have been obtained and that
the examination shall be conducted in a dental college accredited by
the board.
   (h) The practice by personnel of the Air Force, Army, Coast Guard,
or Navy or employees of the United States Public Health Service,
Veterans' Administration, or Bureau of Indian Affairs when engaged in
the discharge of official duties.



1626.2.  A dentist licensed under this chapter is a licentiate for
purposes of paragraph (2) of subdivision (a) of Section 805, and thus
is a health care practitioner subject to the provisions of Section
2290.5 pursuant to subdivision (b) of that section.



1626.5.  (a) A licensed dentist, or group of dentists, or dental
corporation shall not share in any fee charged by a person for
performing acupuncture or receive anything of value from or on behalf
of such acupuncturist for any referral or diagnosis.
   (b) A licensed dentist shall not employ more than one person to
perform acupuncture services.
   (c) A group of dentists or a dental corporation shall not employ
more than one person to perform acupuncture services for every 20
dentists in such group or corporation.



1626.5.  In addition to the exemptions set forth in Section 1626,
the operations by bona fide students of registered dental assisting,
registered dental assisting in extended functions, and registered
dental hygiene in extended functions in the clinical departments or
the laboratory of an educational program or school approved by the
board, including operations by unlicensed students while engaged in
clinical externship programs that have been approved by an approved
educational program or school, and that are under the general
programmatic and academic supervision of that educational program or
school, are exempt from the operation of this chapter.



1627.  The license of any dentist, existing at the time of the
passage of this chapter, shall continue in force until it expires or
is forfeited in the manner provided by this chapter.



1627.5.  (a) No person licensed under this chapter, who in good
faith renders emergency care at the scene of an emergency occurring
outside the place of that person's practice, or who, upon the request
of another person so licensed, renders emergency care to a person
for a complication arising from prior care of another person so
licensed, shall be liable for any civil damages as a result of any
acts or omissions by that person in rendering the emergency care.
   (b) A person licensed under this chapter who voluntarily and
without compensation or expectation of compensation, and consistent
with the dental education and emergency training that he or she has
received, provides emergency medical care to a person during a state
of emergency declared pursuant to a proclamation issued pursuant to
Section 8588, 8625, or 8630 of the Government Code or a declaration
of health emergency issued pursuant to Section 101080 of the Health
and Safety Code shall not be liable in negligence for any personal
injury, wrongful death, or property damage caused by the licensee's
good faith but negligent act or omission. This subdivision shall not
provide immunity for acts or omissions of gross negligence or willful
misconduct. This subdivision does not limit any immunity provided
under subdivision (a).
   (c) Notwithstanding any other provision of law, for the duration
of a declared state of emergency, pursuant to a proclamation of
emergency issued pursuant to Section 8625 of the Government Code, the
board may suspend compliance with any provision of this chapter or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.




1627.7.  (a) A dentist shall not be liable for damages for injury or
death caused in an emergency situation occurring in the dentist's
office or in a hospital on account of a failure to inform a patient
of the possible consequences of a dental procedure where the failure
to inform is caused by any of the following:
   (1) The patient was unconscious.
   (2) The dental procedure was undertaken without the consent of the
patient because the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to fully inform the patient.
   (3) A dental procedure was performed on a person legally incapable
of giving consent, and the dentist reasonably believed that a dental
procedure should be undertaken immediately and that there was
insufficient time to obtain the informed consent of a person
authorized to give such consent for the patient.
   (b) This section is applicable only to actions for damages for
injuries or death arising because of a dentist's failure to inform,
and not to actions for such damages arising because of a dentist's
negligence in rendering or failing to render treatment.
   (c) As used in this section:
   (1) "Dentist" means a person licensed as a dentist pursuant to
this chapter.
   (2) "Emergency situation occurring in a hospital" means a
situation occurring in a hospital, whether or not it occurs in an
emergency room, requiring immediate services for alleviation of
severe pain or immediate diagnosis and treatment of unforeseeable
dental conditions, which, if not immediately diagnosed and treated,
would lead to serious disability or death.
   (3) "Hospital" means a licensed general acute care hospital as
defined in subdivision (a) of Section 1250 of the Health and Safety
Code.
   (4) "Emergency situation occurring in the dentist's office" means
a situation occurring in an office, other than a hospital, used by
the dentist for the examination or treatment of patients, requiring
immediate services for alleviation of severe pain, or immediate
diagnosis and treatment of unforeseeable dental conditions, which, if
not immediately diagnosed and treated, would lead to serious
disability or death.



1628.  Any person over 18 years of age is eligible to take an
examination before the board upon making application therefor and
meeting all of the following requirements:
   (a) Paying the fee for applicants for examination provided by this
chapter.
   (b) Furnishing satisfactory evidence of having graduated from a
reputable dental college approved by the board; provided, also, that
applicants furnishing evidence of having graduated after 1921 shall
also present satisfactory evidence of having completed at dental
school or schools the full number of academic years of undergraduate
courses required for graduation. For purposes of this article,
"reputable dental college approved by the board" or "approved dental
school" include a foreign dental school accredited by a body that has
a reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.
   (c) Furnishing the satisfactory evidence of financial
responsibility or liability insurance for injuries sustained or
claimed to be sustained by a dental patient in the course of the
examination as a result of the applicant's actions.
   (d) If the applicant has been issued a degree of doctor of dental
medicine or doctor of dental surgery by a foreign dental school, he
or she shall furnish all of the following documentary evidence to the
board:
   (1) That he or she has completed, in a dental school or schools
approved by the board pursuant to Section 1636.4, a resident course
of professional instruction in dentistry for the full number of
academic years of undergraduate courses required for graduation.
   (2) Subsequent thereto, he or she has been issued by the dental
school a dental diploma or a dental degree, as evidence of the
successful completion of the course of dental instruction required
for graduation.
   (e) Any applicant who has been issued a dental diploma from a
foreign dental school that has not, at the time of his or her
graduation from the school, been approved by the board pursuant to
Section 1636.4 shall not be eligible for examination until the
applicant has successfully completed a minimum of two academic years
of education at a dental college approved by the board pursuant to
Article 1 (commencing with Section 1024) of Chapter 2 of Division 10
of Title 16 of the California Code of Regulations and has been issued
a degree of doctor of dental medicine or doctor of dental surgery or
its equivalent. This subdivision shall not apply to applicants who
have successfully completed the requirements of Section 1636 as it
read before it was repealed on January 1, 2004, on or before December
31, 2003, or who have successfully completed the requirements of
Section 1628.2 on or before December 31, 2008. An applicant who has
successfully completed the requirements of Section 1636 as it read
before it was repealed on January 1, 2004, on or before December 31,
2003, or who has successfully completed the requirements of Section
1628.2 on or before December 31, 2008, shall be eligible to take the
examination required by Section 1632, subject to the limitations set
forth in subdivisions (b) and (c) of Section 1633.
   (f) Subdivisions (d) and (e) do not apply to a person who has been
issued a degree of doctor of dental medicine or doctor of dental
surgery by a foreign dental school accredited by a body that has a
reciprocal accreditation agreement with any commission or
accreditation organization whose findings are accepted by the board.



1628.5.  The board may deny an application to take an examination
for licensure as a dentist or dental auxiliary or an application for
registration as a dental corporation, or, at any time prior to
licensure, the board may deny the issuance of a license to an
applicant for licensure as a dentist or dental auxiliary, if the
applicant has done any of the following:
   (a) Committed any act which would be grounds for the suspension or
revocation of a license issued pursuant to this code.
   (b) Committed any act or been convicted of a crime constituting
grounds for denial of licensure or registration under Section 480.
   (c) While unlicensed, committed, or aided and abetted the
commission of, any act for which a license is required by this
chapter.
   (d) Suspension or revocation of a license issued by another state
or territory on grounds which would constitute a basis for suspension
or revocation of licensure in this state.
   The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the board shall
have all the powers granted therein.



1628.7.  (a) The board may, upon an applicant's successful
completion of the board examination, in its sole discretion, issue a
probationary license to an applicant for licensure as a dentist or
dental auxiliary. The board may require, as a term or condition of
issuing the probationary license, the applicant to do any of the
following, including, but not limited to:
   (1) Successfully complete a professional competency examination.
   (2) Submit to a medical or psychological evaluation.
   (3) Submit to continuing medical or psychological treatment.
   (4) Abstain from the use of alcohol or drugs.
   (5) Submit to random fluid testing for alcohol or controlled
substance abuse.
   (6) Submit to continuing participation in a board approved
rehabilitation program.
   (7) Restrict the type or circumstances of practice.
   (8) Submit to continuing education and coursework.
   (9) Comply with requirements regarding notification to employer
and changes of employment.
   (10) Comply with probation monitoring.
   (11) Comply with all laws and regulations governing the practice
of dentistry.
   (12) Limit practice to a supervised structured environment in
which the licensee's activities shall be supervised by another
dentist.
   (13) Submit to total or partial restrictions on drug prescribing
privileges.
   (b) The probation shall be for three years and the licensee may
petition the board for early termination, or modification of a
condition of, the probation in accordance with subdivision (b) of
Section 1686.
   (c) The proceeding under this section shall be conducted in
accordance with the provisions of Chapter 5 (commencing with Section
11500) of Part 1 of Division 3 of Title 2 of the Government Code, and
the board shall have all the powers granted therein.



1629.  (a) Any member of the board may inquire of any applicant for
examination concerning his or her qualifications or experience and
may take testimony of anyone in regard thereto, under oath, which he
or she is hereby empowered to administer.
   (b) Each applicant for licensure under this chapter shall furnish
fingerprint cards for submission to state and federal criminal
justice agencies, including, but not limited to, the Federal Bureau
of Investigation, in order to establish the identity of the applicant
and in order to determine whether the applicant has a record of any
criminal convictions in this state or in any other jurisdiction,
including foreign countries. The information obtained as a result of
the fingerprinting of the applicant shall be used in accordance with
Section 11105 of the Penal Code, and to determine whether the
applicant is subject to denial of licensure pursuant to Division 1.5
(commencing with Section 475) or Section 1628.5.




1630.  The examination of applicants for a license to practice
dentistry in this state, as described in Section 1632, shall be
sufficiently thorough to test the fitness of the applicant to
practice dentistry, and both questions and answers shall be written
in the English language.



1632.  (a) The board shall require each applicant to successfully
complete the Part I and Part II written examinations of the National
Board Dental Examination of the Joint Commission on National Dental
Examinations.
   (b) The board shall require each applicant to successfully
complete an examination in California law and ethics developed and
administered by the board. The board shall provide a separate
application for this examination. Applicants shall submit this
application and required fee to the board in order to take this
examination. In addition to the aforementioned application, the only
other requirement for taking this examination shall be certification
from the dean of the qualifying dental school attended by the
applicant that the applicant has graduated, or will graduate, or is
expected to graduate. Applicants who submit completed applications
and certification from the dean at least 15 days prior to a scheduled
examination shall be scheduled to take the examination. Successful
results of the examination shall, as established by board regulation,
remain valid for two years from the date that the applicant is
notified of having passed the examination.
   (c) Except as otherwise provided in Section 1632.5, the board
shall require each applicant to have taken and received a passing
score on one of the following:
   (1) A portfolio examination of the applicant's competence to enter
the practice of dentistry. This examination shall be conducted while
the applicant is enrolled in a dental school program at a
board-approved school located in California. This examination shall
utilize uniform standards of clinical experiences and competencies,
as approved by the board pursuant to Section 1632.1. The applicant
shall pass a final assessment of the submitted portfolio at the end
of his or her dental school program. Before any portfolio assessment
may be submitted to the board, the applicant shall remit to the board
a three hundred fifty dollar ($350) fee, to be deposited into the
State Dentistry Fund, and a letter of good standing signed by the
dean of his or her dental school or his or her delegate stating that
the applicant has graduated or will graduate with no pending ethical
issues.
   (A) The portfolio examination shall not be conducted until the
board adopts regulations to carry out this paragraph. The board shall
post notice on its Internet Web site when these regulations have
been adopted.
   (B) The board shall also provide written notice to the Legislature
and the Legislative Counsel when these regulations have been
adopted.
   (2) A clinical and written examination administered by the Western
Regional Examining Board, which board shall determine the passing
score for that examination.
   (d) Notwithstanding subdivision (b) of Section 1628, the board is
authorized to do either of the following:
   (1) Approve an application for examination from, and to examine an
applicant who is enrolled in, but has not yet graduated from, a
reputable dental school approved by the board.
   (2) Accept the results of an examination described in paragraph
(2) of subdivision (c) submitted by an applicant who was enrolled in,
but had not graduated from, a reputable dental school approved by
the board at the time the examination was administered.
   In either case, the board shall require the dean of that school or
his or her delegate to furnish satisfactory proof that the applicant
will graduate within one year of the date the examination was
administered or as provided in paragraph (1) of subdivision (c).



1632.1.  (a) With regard to the portfolio examination specified in
paragraph (1) of subdivision (c) of Section 1632, the board shall
independently monitor and audit the standardization and calibration
of dental school competency instructors at least biennially to ensure
standardization and an acceptable level of calibration in the
grading of the examination. Each dental school's competency
examinations shall be audited biennially by the board.
   (b) The board shall oversee all aspects of the portfolio
examination process specified in paragraph (1) of subdivision (c) of
Section 1632 and under this section, but shall not interfere with the
dental school authority to establish and deliver an accredited
curriculum. The board shall determine an end-of-year deadline, in
consultation with the current board-approved dental schools, to
determine when the portfolio examinations shall be completed and
submitted to the board for review by the board's examiners.
   (c) The board, in consultation with the current board-approved
dental schools, shall approve portfolio examination competencies and
the minimum number of clinical experiences required for successful
completion of the portfolio examination.
   (d) The board shall require and verify successful completion of
competency examinations that were performed on a patient of record of
a board-approved dental school, including, but not limited to, the
following:
   (1) Comprehensive oral diagnosis and treatment planning.
   (2) Periodontics.
   (3) Direct restorations.
   (4) Indirect restorations.
   (5) Removable prosthodontics.
   (6) Endodontics.



1632.5.  (a) Prior to implementation of paragraph (2) of subdivision
(c) of Section 1632, the department's Office of Professional
Examination Services shall review the Western Regional Examining
Board examination to ensure compliance with the requirements of
Section 139 and to certify that the examination process meets those
standards. If the department determines that the examination process
fails to meet those standards, paragraph (2) of subdivision (c) of
Section 1632 shall not be implemented. The review of the Western
Regional Examining Board examination shall be conducted during or
after the Dental Board of California's occupational analysis
scheduled for the 2004-05 fiscal year, but not later than September
30, 2005. However, an applicant who successfully completes the
Western Regional Examining Board examination on or after January 1,
2005, shall be deemed to have met the requirements of subdivision (c)
of Section 1632 if the department certifies that the Western
Regional Examining Board examination meets the standards set forth in
this subdivision.
   (b) The Western Regional Examining Board examination process shall
be regularly reviewed by the department pursuant to Section 139.
   (c) The Western Regional Examining Board examination shall meet
the mandates of subdivision (a) of Section 12944 of the Government
Code.
   (d) As part of its next scheduled review by the Joint Committee on
Boards, Commissions, and Consumer Protection, the Dental Board of
California shall report to that committee and the department on the
pass rates of applicants who sat for the Western Regional Examining
Board examination, compared with the pass rates of applicants who sat
for the state clinical and written examination administered by the
Dental Board of California. This report shall be a component of the
evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1632.6.  (a) As part of the ongoing implementation of paragraph (1)
of subdivision (c) of Section 1632, the board shall review the
portfolio examination to ensure compliance with the requirements of
Section 139 and to certify that the portfolio examination process
meets those requirements. If the board determines that the portfolio
examination fails to meet those requirements, paragraph (1) of
subdivision (c) of Section 1632 shall cease to be implemented and the
portfolio examination will no longer be an option for applicants.
The board's review and certification or determination shall be
completed and submitted to the Legislature and the department by
December 1, 2016.
   (b) A report to the Legislature pursuant to this section shall be
submitted in compliance with Section 9795 of the Government Code.
   (c) This section shall become inoperative on December 1, 2020,
pursuant to Section 10231.5 of the Government Code.



1633.  (a) When an applicant for a license has received a grading of
85 percent or above in any given subject, he or she shall be exempt
from reexamination on that subject in subsequent examinations before
the board within two years after the examination on which the
applicant received the exemption.
   (b) Notwithstanding Section 135, an applicant who fails to pass
the examination required by Section 1632 after three attempts shall
not be eligible for further reexamination until the applicant has
successfully completed a minimum of 50 hours of education for each
subject which the applicant failed in the applicant's last
unsuccessful examination. The coursework shall be taken at a dental
school approved by either the Commission on Dental Accreditation or a
comparable organization approved by the board, and shall be
completed within a period of one year from the date of notification
of the applicant's third failure.
   (c) The coursework described in subdivision (b) shall be required
once for every three unsuccessful examination attempts. When the
applicant applies for reexamination, he or she shall furnish proof
satisfactory to the board that he or she has successfully completed
the requirements of this section.



1634.  A person successfully passing the examination shall be
registered as a licensed dentist on the board register, as provided
in Section 1612, and shall be granted by the board a license to
practice dentistry in the State of California.




1634.1.  Notwithstanding Section 1634, the board may grant a license
to practice dentistry to an applicant who submits all of the
following to the board:
   (a) A completed application form and all fees required by the
board.
   (b) Satisfactory evidence of having graduated from a dental school
approved by the board or by the Commission on Dental Accreditation
of the American Dental Association.
   (c) Satisfactory evidence of having completed a clinically based
advanced education program in general dentistry or an advanced
education program in general practice residency that is, at minimum,
one year in duration and is accredited by either the Commission on
Dental Accreditation of the American Dental Association or a national
accrediting body approved by the board.The advanced education
program shall include a certification of clinical residency program
completion approved by the board, to be completed upon the resident's
successful completion of the program in order to evaluate his or her
competence to practice dentistry in the state.
   (d) Satisfactory evidence of having successfully completed the
written examinations of the National Board Dental Examination of the
Joint Commission on National Dental Examinations.
   (e) Satisfactory evidence of having successfully completed an
examination in California law and ethics.
   (f) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
chapter.



1634.2.  (a) An advanced education program's compliance with
subdivision (c) of Section 1634.1 shall be regularly reviewed by the
department pursuant to Section 139.
   (b) An advanced education program described in subdivision (c) of
Section 1634.1 shall meet the requirements of subdivision (a) of
Section 12944 of the Government Code.
   (c) The clinical residency program completion certification
required by subdivision (c) of Section 1634.1 shall include a list of
core competencies commensurate to those found in the board's
examinations. The board, together with the department's Office of
Professional Examination Services, shall ensure the alignment of the
competencies stated in the clinical residency program completion
certification with the board's current occupational analysis. The
board shall implement use of the clinical residency program
completion certification form and use of the core competency list
through the adoption of emergency regulations by January 1, 2008.
   (d) As part of its next scheduled review after January 1, 2007, by
the Joint Committee on Boards, Commissions and Consumer Protection,
the board shall report to that committee and to the department the
number of complaints received for those dentists who have obtained
licensure by passing the state clinical examination and for those
dentists who have obtained licensure through an advanced education
program. The report shall also contain tracking information on these
complaints and their disposition. This report shall be a component of
the evaluation of the examination process that is based on
psychometrically sound principles for establishing minimum
qualifications and levels of competency.



1635.5.  (a) Notwithstanding Section 1634, the board may grant a
license to practice dentistry to an applicant who has not taken an
examination before the board, if the applicant submits all of the
following to the board:
   (1) A completed application form and all fees required by the
board.
   (2) Proof of a current license issued by another state to practice
dentistry that is not revoked or suspended or otherwise restricted.
   (3) Proof that the applicant has either been in active clinical
practice or has been a full-time faculty member in an accredited
dental education program and in active clinical practice for a total
of at least 5,000 hours in five of the seven consecutive years
immediately preceding the date of his or her application under this
section. The clinical practice requirement shall be deemed met if
documentation of any of the following is submitted:
   (A) The applicant may receive credit for two of the five years of
clinical practice by demonstrating completion of a residency training
program accredited by the American Dental Association Commission on
Dental Accreditation, including, but not limited to, a general
practice residency, an advanced education in general dentistry
program, or a training program in a specialty recognized by the
American Dental Association.
   (B)  The applicant agrees to practice dentistry full time for two
years in at least one primary care clinic licensed under subdivision
(a) of Section 1204 of the Health and Safety Code or primary care
clinic exempt from licensure pursuant to subdivision (c) of Section
1206 of the Health and Safety Code, or a clinic owned or operated by
a public hospital or health system, or a clinic owned and operated by
a hospital that maintains the primary contract with a county
government to fill the county's role under Section 17000 of the
Welfare and Institutions Code. The board may periodically request
verification of compliance with these requirements, and may revoke
the license upon a finding that the employment requirement, or any
other requirement of this subparagraph, has not been met. Full-time
status shall be defined by the board for the purposes of this
subparagraph, and the board may establish exemptions to this
requirement on a case-by-case basis.
   (C)  The applicant agrees to teach or practice dentistry full time
for two years in at least one accredited dental education program as
approved by the Dental Board of California. The board may
periodically request verification of compliance with these
requirements, and may revoke the license upon a finding that the
employment requirement, or any other requirement of this
subparagraph, has not been met. Full-time status shall be defined by
the board for the purposes of this subparagraph, and the board may
establish exemptions to this requirement on a case-by-case basis.
   (4) Proof that the applicant has not been subject to disciplinary
action by any state in which he or she is or has been previously
licensed to practice dentistry. If the applicant has been subject to
disciplinary action, the board shall review that action to determine
if it presents sufficient evidence of a violation of Article 4
(commencing with Section 1670) to warrant the submission of
additional information from the applicant or the denial of the
application for licensure.
   (5) A signed release allowing the disclosure of information from
the National Practitioner Data Bank and the verification of
registration status with the federal Drug Enforcement Administration.
The board shall review this information to determine if it presents
sufficient evidence of a violation of Article 4 (commencing with
Section 1670) to warrant the submission of additional information
from the applicant or the denial of the application for licensure.
   (6) Proof that the applicant has not failed the examination for
licensure to practice dentistry under this chapter within five years
prior to the date of his or her application for a license under this
section.
   (7) An acknowledgment by the applicant executed under penalty of
perjury and automatic forfeiture of license, of the following:
   (A) That the information provided by the applicant to the board is
true and correct, to the best of his or her knowledge and belief.
   (B) That the applicant has not been convicted of an offense
involving conduct that would violate Section 810.
   (8) Documentation of 50 units of continuing education completed
within two years of the date of his or her application under this
section. The continuing education shall include the mandatory
coursework prescribed by the board pursuant to subdivision (b) of
Section 1645.
   (9) Any other information as specified by the board to the extent
it is required of applicants for licensure by examination under this
article.
   (b) The board shall provide in the application packet to each
out-of-state dentist pursuant to this section the following
information:
   (1) The location of dental manpower shortage areas that exist in
the state.
   (2) Those not-for-profit clinics and public hospitals seeking to
contract with licensees for dental services.
   (c) (1) The board shall review the impact of this section on the
availability of dentists in California and report to the appropriate
policy and fiscal committees of the Legislature by January 1, 2008.
The report shall include a separate section providing data specific
to those dentists who intend to fulfill the alternative clinical
practice requirements of subparagraph (B) of paragraph (3) of
subdivision (a). The report shall include, but not be limited to, all
of the following:
   (A) The total number of applicants from other states who have
sought licensure.
   (B) The number of dentists from other states licensed pursuant to
this section, as well as the number of licenses not granted and the
reasons why each license was not granted.
   (C) The location of the practice of dentists licensed pursuant to
this section.
   (D) The number of dentists licensed pursuant to this section who
establish a practice in a rural area or in an area designated as
having a shortage of practicing dentists or no dentists at all.
   (E) The length of time dentists licensed pursuant to this section
maintained their practice in the reported location. This information
shall be reported separately for dentists described in subparagraphs
(C) and (D).
   (2) In identifying a dentist's location of practice, the board
shall use medical service study areas or other appropriate geographic
descriptions for regions of the state.
   (3) If appropriate, the board may report the information required
by paragraph (1) separately for primary care dentists and
specialists.
   (d) The board is authorized to contract with a third party or
parties to review applications filed under this section and to advise
the board as to whether the applications are complete. The
contracting party, its agents, and its employees shall agree to be
bound by all provisions of law applicable to the board, its members,
and staff, governing custody and confidentiality of materials
submitted by applicants for licensure.
   (e) The board, in issuing a license under this section to an
applicant qualified under subparagraph (B) or (C) of paragraph (3) of
subdivision (a), may impose a restriction authorizing the holder to
practice dentistry only in the facilities described in subparagraph
(B) of paragraph (3) of subdivision (a) or only to practice or teach
dentistry at the accredited dental education programs described in
subparagraph (C) of paragraph (3) of subdivision (a). Upon the
expiration of the two-year term, all location restrictions on the
license shall be removed and the holder is authorized to practice
dentistry in accordance with this chapter in any allowable setting in
the state.
   (f) Notwithstanding any other provision of law, a holder of a
license issued by the board before January 1, 2006, under this
section who committed to complete the remainder of the five years of
clinical practice requirement by a contract either to practice
dentistry full time in a facility described in subparagraph (B) of
paragraph (3) of subdivision (a) or to teach or practice dentistry
full time in an accredited dental education program approved by the
board, shall be required to complete only two years of service under
the contract in order to fulfill his or her obligation under this
section. Upon the expiration of that two-year term, all location
restrictions on the license shall be removed and the holder is
authorized to practice dentistry in accordance with this chapter in
any allowable setting in the state.
   (g) A license issued pursuant to this section shall be considered
a valid, unrestricted license for purposes of Section 1972.



1635.7.  Any person licensed pursuant to Section 1635.5 shall be
required to fulfill continuing education requirements established by
the board pursuant to Section 1645 before his or her license is
eligible to be renewed in accordance with this chapter.




1636.4.  (a) The Legislature recognizes the need to ensure that
graduates of foreign dental schools who have received an education
that is equivalent to that of accredited institutions in the United
States and that adequately prepares their students for the practice
of dentistry shall be subject to the same licensure requirements as
graduates of approved dental schools or colleges. It is the purpose
of this section to provide for the evaluation of foreign dental
schools and the approval of those foreign dental schools that provide
an education that is equivalent to that of similar accredited
institutions in the United States and that adequately prepare their
students for the practice of dentistry.
   (b) The board shall be responsible for the approval of foreign
dental schools based on standards established pursuant to subdivision
(d). The board may contract with outside consultants or a national
professional organization to survey and evaluate foreign dental
schools. The consultant or organization shall report to the board
regarding its findings in the survey and evaluation.
   (c) The board shall establish a technical advisory group to review
and comment upon the survey and evaluation of a foreign dental
school contracted for pursuant to subdivision (b), prior to any final
action by the board regarding certification of the foreign dental
school. The technical advisory group shall be selected by the board
and shall consist of four dentists, two of whom shall be selected
from a list of five recognized United States dental educators
recommended by the foreign school seeking approval. None of the
members of the technical advisory group shall be affiliated with the
school seeking certification.
   (d) Any foreign dental school that wishes to be approved pursuant
to this section shall make application to the board for this
approval, which shall be based upon a finding that the educational
program of the foreign dental school is equivalent to that of similar
accredited institutions in the United States and adequately prepares
its students for the practice of dentistry. Curriculum, faculty
qualifications, student attendance, plant and facilities, and other
relevant factors shall be reviewed and evaluated. The board, with the
cooperation of the technical advisory group, shall identify by rule
the standards and review procedures and methodology to be used in the
approval process consistent with this subdivision. The board shall
not grant approval if deficiencies found are of such magnitude as to
prevent the students in the school from receiving an educational base
suitable for the practice of dentistry.
   (e) Periodic surveys and evaluations of all approved schools shall
be made to ensure continued compliance with this section. Approval
shall include provisional and full approval. The provisional form of
approval shall be for a period determined by the board, not to exceed
three years, and shall be granted to an institution, in accordance
with rules established by the board, to provide reasonable time for
the school seeking permanent approval to overcome deficiencies found
by the board. Prior to the expiration of a provisional approval and
before the full approval is granted, the school shall be required to
submit evidence that deficiencies noted at the time of initial
application have been remedied. A school granted full approval shall
provide evidence of continued compliance with this section. In the
event that the board denies approval or reapproval, the board shall
give the school a specific listing of the deficiencies that caused
the denial and the requirements for remedying the deficiencies, and
shall permit the school, upon request, to demonstrate by satisfactory
evidence, within 90 days, that it has remedied the deficiencies
listed by the board.
   (f) A school shall pay a registration fee established by rule of
the board, not to exceed one thousand dollars ($1,000), at the time
of application for approval and shall pay all reasonable costs and
expenses the board incurs for the conduct of the approval survey.
   (g) The board shall renew approval upon receipt of a renewal
application, accompanied by a fee not to exceed five hundred dollars
($500). Each fully approved institution shall submit a renewal
application every seven years. Any approval that is not renewed shall
automatically expire.


1636.6.  The Legislature hereby finds and declares that in order to
assure that the people of California receive the highest quality of
dental care, dentists graduating from dental schools outside of the
United States who apply for licensure in California must possess the
same training and skills as applicants from schools that have been
approved by the board. The Legislature further finds and declares
that the current process for ensuring the adequacy of training of
these applicants is deficient, that high numbers of foreign dental
graduates are failing the restorative technique examination required
in Section 1636, and that there are numerous repeat failures. The
Legislature further finds and declares that while current law
requires that a foreign dental graduate who fails the restorative
technique examination is required to take a minimum of two years of
additional training from a dental school approved by the board, only
three of the five dental schools operating in California offer a
two-year course of study for graduates of foreign dental schools.
   Therefore, the Legislature hereby urges all dental schools in this
state to provide in their curriculum a two-year course of study that
may be utilized by graduates of foreign dental schools to attain the
prerequisites for licensure in California.