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2022Dental HygieneBoard of CaliforniaLaws and RegulationsREVISED JUNE 2022

Instructions for digital editionClick on the DHBC logo at the bottom ofany page to return to the Table of Contents.This volume is a compilation of selected statutes and regulations that affectthe dental hygiene industry in California. To access a complete copy of theCalifornia Code of Regulations, visit www.oal.ca.gov.

DENTAL HYGIENE STATUTESAND REGULATIONSRelated to the practice of Registered Dental Hygienists (RDH),Registered Dental Hygienists in Alternative Practice (RDHAP), and RegisteredDental Hygienists in Extended Functions (RDHEF) in the state of California.California Business and Professions Code (BPC)Excerpts from the General Provisions(BPC Sections 1–499, Division 2, Chapter 4, Article 9)Dental Hygienists(BPC Sections 1900–1967.4)Excerpts from the California Penal Code(Sections 11164–11174.4)Excerpts from the California Welfareand Institutions Code(Sections 15610–15610.65 and 15630–15632)Excerpts from the California Code of Regulations(Title 16, Divisions 10 and 11, Sections 1005–1082.3, 1100–1101, 1103,1104–1104.2, 1105–1105.4, 1106–1153)Excerpts from the California Corporations Code(Sections 13401 and 13401.5)Dr. Carmen Dones, President, RDH Educator MemberAnthony Lum, Executive Officer

TABLE OF CONTENTSEXCERPTS FROMTHE BUSINESS AND PROFESSIONS CODEGENERAL PROVISIONSSections .105.105.5.106.106.5.107.Title. 1“Conviction”; When Action by Board Following Establishment ofConviction May be Taken; Prohibition Against Denial of Licensure;Application of Section .1Applicability of Statutory References to Amendments. 1Violation of Regulation Adopted Pursuant to Code Provision;Issuance of Citation . 2Legislative Intent. 2“Section”; “Subdivision”. 2“County”. 2“City”. 2Mandatory and Permissive Terms. 2“Oath” . 2“State”. 2“Board”. 3“Department”. 3“Director”. 3“Appointing Power”. 3“License”. 3“Licensee”. 3Legislative Findings; Aids Training for Healthcare Professionals . 3Provision in Rules and Regulations for Evaluation ExperienceObtained in Armed Services . 4Expert Consultant Agreement. 4Establishment. 5Composition of Department. 5Purpose. 6Assumption of Duties of Board Created by Initiative. 6Display of Licenses or Registrations. 7Oath of Office. 7Tenure of Members of Boards, etc., Within Department . 7Removal of Board Members. 7Removal of Member of Licensing Board for Disclosure ofExamination Information. 7Executive Officers. 8Dental Hygiene Board of California iii

462.Official Seals. 8Status and Powers of Boards. 8Witness Remuneration. 8Review of Decisions; Investigations. 8Records and Property. 9Reinstatement of Expired License of Licensee Serving in Military. 9Waiver of Fees and Requirements for Active Duty Members ofArmed Forces and National Guard. 10Military Service; Posting of Information on Web Site AboutApplication of Military Experience and Training Toward Licensure.11Licensure Process Expedited for Honorably Discharged Veterans ofArmed Forces.11Board Required to Expedite Licensure Process for CertainApplications; Adoption of Regulations.11Director Audits and Reviews. 12Misdemeanors Pertaining to Use of Licenses. 12Practice During Period Between Renewal and Receipt ofEvidence of Renewal. 13Application Fees to Licensees or Registrations Lawfully Inactivated. 13Fee for Issuance of Duplicate Certificate. 13Conduct Constituting Subversion of Licensing Examination;Penalties and Damages. 13Enjoining Violations. 14System for Issuance of Citations to Licensees; Contents; Fines. 14Complaints; Notification. 16Maximum Number of Terms. 16Licensure; Refugees, Asylees, or Special Immigrant Status.17Notification of Change of Address; Punishment for Failureto Comply.17Regulations Requiring Inclusion of License Numbers inAdvertising, etc.17Notice That Practitioner is Licensed; Evaluation of LicensingExamination. 18Board Postings. 18Licensure; Discipline by Another State, Federal Agency, or AnotherCountry. 18Authority to Synchronize Renewal Dates of Licensees;Abandonment Date for Application; Delinquency Fee . 19Matters Relating to Employees of the Boards. 19Authority to Employ Individuals to Perform Investigative Servicesor to Serve as Experts. 19Refunds to Applicants. 20Delinquency Fees; Reinstatement Fees. 20Inactive Category of Licensure. 20iv 2022 Handbook of Laws and Regulations

464.475.480.481.496.498.499.Retired Category of Licensure. 21Denial of Licensure. 22Grounds for Denial; Effect of Obtaining Certificate of Rehabilitation. 22Denial of Licensure; Substantial Relationship Criteria. 25Grounds for Denial, Suspension, or Revocation of License. 26Fraud, Deceit, or Misrepresentation as Grounds for ActionAgainst License. 26Action Against License Based on Licentiate’s Actions RegardingApplication of Another. 26DENTAL HYGIENISTSSections islative Intent. 27Dental Hygiene Board of California Created(Repealed January 1, 2024). 27Definitions. 27Priority of the Board; Protection of the Public. 28Disclosure of Practice or Employment Status of Licensee. 28Registered Dental Hygienist Licensed in Another State; Issuance ofPermit to Practice; Teaching Position; Requirements. 29Board; Membership; Terms; Officers; Vacancies; Per Diem andExpenses (Repealed January 1, 2024). 29Board Meetings. 31Board Functions. 31Authority of Board. 32Recommendations. 32Regulations. 32Functions That May Be Performed by a Dental Hygienist. 33Practices Included in and Excluded from Dental Hygiene. 33Procedures a Dental Hygienist is Authorized to Perform UnderDirect Supervision. 34Procedures a Dental Hygienist is Authorized to Perform UnderGeneral Supervision. 34Additional Authorized Duties of a Registered Dental Hygienist. 34Dental Hygienist, Services That Can Be Provided without DirectSupervision. 35Dental Hygienist, Fluoride Varnish. 36Dental Hygienist, General Supervision Requirement. 36Dental Hygienist, Authority to Perform Procedures or ProvideServices. 36Dental Hygienist, Use of Materials and Devices Authorized. 37Limitations on Who May Engage in the Practice of Dental Hygiene. 37Dental Hygienist, Criminal Background Check. 37Dental Hygiene Board of California v

1917.1917.1.Dental Hygienist, Requirements for Licensure. 38Dental Hygienist, Licensure Without Examination; Out-of-State DentalHygienists. 391917.3. Failure to Pass Clinical Examination; Re-examination. 401918.Licensure as a Registered Dental Hygienist in Extended Functions. 401920. Automatic Licensure as a Registered Dental Hygienist.411921.Authority as a Registered Dental Hygienist in Extended Functions or asa Registered Dental Hygienist in Alternative Practice.411922. Licensure as a Registered Dental Hygienist in Alternative Practice.411924.Grandfathering as a Registered Dental Hygienist in Alternative Practiceby Virtue of Having Established Practice Under the Health ManpowerPilot Project. 421925. Practices Authorized for a Registered Dental Hygienist in AlternativePractice. 421926. Scope of Authority for a Registered Dental Hygienist in AlternativePractice. 431926.01. Registered Dental Hygienists in Alternative Practice, Soft TissueCurettage and Local Anesthesia Supervision. 431926.05. Additional Authorized Duties for a Registered Dental Hygienist inAlternative Practice. 441926.1. Operation of a Mobile Dental Hygiene Clinic; Requirements. 441926.2. Operation of a Mobile Dental Hygiene Clinic Registered as a DentalHygiene Office or Facility; Mobile Unit Exempted from Certain Laws. 451926.3. Registered Dental Hygienist in Alternative Practice; Registration;Time Period. 451926.4. More than One Place of Practice; Requirements. 461927.Limitation on Practice of a Registered Dental Hygienist inAlternative Practice. 461928. Registered Dental Hygienist in Alternative Practice, Submitting ofInsurance. 461929. Registered Dental Hygienist in Alternative Practice, Hiring ofEmployees. 461930. Registered Dental Hygienist in Alternative Practice, Relationshipwith Dentist Required. 471931.Registered Dental Hygienist in Alternative Practice, Requirementof Prescription from Dentist or Physician and Surgeon. 471932. Dental Hygienists, Probationary Licenses. 481933. Substitute Licenses. 481934. Change of Address or Name. 481935. Expiration and Renewal of License. 491936. Renewal of Expired License. 491936.1. Continuing Education. 491937.Suspended Licenses. 501938. Revoked Licenses. 50vi 2022 Handbook of Laws and Regulations

.1.Licenses Not Renewed Within Five Years of Expiration. 50Inactive Licenses. 50Approval of Educational Programs; Need for NewEducational Programs. 51Compliance with Educational Program Requirements. 51“Extramural Dental Facility”; Registration. 52Denial of Application to Take Examination. 52Fees. 53Revocation or Suspension of License. 55Consequences of Unprofessional Conduct, Incompetence, GrossNegligence, Repeated Acts of Negligence in the Profession,Receiving a License by Mistake, and the Like. 55Consequences of Conviction of a Crime Substantially Relatedto the Licensee’s Qualifications, Functions, or Duties. 55Unprofessional Conduct Defined. 56Probation Options. 58Violation of Controlled Substance Laws as UnprofessionalConduct. 58Identification in Patient Record Required; Violation. 59Holding Oneself Out as Able to Perform Professional ServicesBeyond the Scope of One’s License and Field of Competence asUnprofessional Conduct; Exception. 59Duty to Release Records; Penalties. 60Negligence as Unprofessional Conduct. 62Petition for Reinstatement or Modification of Penalty. 62Misdemeanor for False Representation, Failing to Furnish Namesof Associates, Using Controlled Substances While Engaged inPractice, and the Like. 63Registered Sex Offenders. 64Identification as a Dental Hygienist. 64Penalties for Bartering Transcript or Diploma, Making or UsingFalse Diploma, Making a False Statement in an Affidavit, Practicingwithout a Valid License, or Practicing Under a False Name. 64Penalty for Practicing without a Valid License UnderCircumstances That Cause Risk of Bodily Harm, SeriousPhysical or Mental Illness, or Death. 65Use of name by a Registered Dental Hygienist in AlternativePractice in Professional Association. 66Jurisdiction at the Discretion of the Board. 67Injunction. 67Procedure to Request Injunction. 67Rehabilitation for Impairment; Diversion Program Authorized. 67Diversion Program, Acceptance into, Participation in,Withdrawal from. 67Dental Hygiene Board of California vii

7.2.1967.3.1967.4.Duties of Diversion Evaluation Committee. 69Diversion Evaluation Committee, Closed Sessions Authorized. 69Diversion Evaluation Program, Compliance Required. 69Diversion Evaluation Program, Records: Purging; Confidentiality. 69Reports to the Diversion Evaluation Committee; Representationin an Action for Defamation. 70Authorization of Registered Dental Hygienists to RenderProfessional Services as a Professional Corporation. 70Unprofessional Conduct and Violations of This Article. 70Licensure Scope and Provisions. 70Income of a Registered Dental Hygienist Not Accrued to theBenefit of a Shareholder That is a Disqualified Person. 71Requisite Bylaw That Capital Stock Owned by a Disqualified orDeceased Person to be Sold to the Professional Corporation;Insurance Claims Arising Out of the Rendering of ProfessionalServices. 71EXCERPTS FROMTHE CALIFORNIA PENAL CODECHILD ABUSE AND NEGLECT REPORTING ACTSections 11164–11174.411164. . 7211165. . 7211165. . 7211165.2. . 7311165.3. .7411165.4. .7411165.5. . 7511165.6. . 7511165.7. . 7511165.9. . 8011165.11. . 8011165.12. . 8111165.13. . 8111165.14. . 8111165.15. . 8211166. . 8211166.01. . 8711166.05. . 8711166.1. . 8711166.2. . 88viii 2022 Handbook of Laws and Regulations