California Dental Practice Act

The California Dental Practice Act is the chapter of the California Business & Professions Code that contains the basic body of laws governing Dentistry. [Business & Professions Code ("B&P") 1600] California law requires that every dental professional must have a grasp of that basic body of the law, together with the related portions of the California Code of Regulations ("CCR") and selected other California statutes. We have designed this course to summarize the Dental Practice Act and related laws through 2006. However, lawmakers change and add to these laws regularly. Licentiates should refer to the actual text of the law or consult a qualified attorney in serious matters.

The Dental Board of California publishes a compilation of the Dental Practice Act and related laws, which can be purchased from the Board. The address for ordering a copy of the Act follows the glossary.

Dentistry is the diagnosis or treatment, by surgery or other method, of diseases and lesions, and the corrections of malposition 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 of the following: [B&P 1625]

by card, circular, pamphlet, newspaper or in any other way advertises themselves or represents themselves to be a dentist; [B&P 1625]"
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 malopposed positions thereof; [B&P 1625]
in any way indicates that they will construct, alter, repair, or sell any bridge, crown, denture, prosthetic appliance or orthodontic appliance; makes or offers to make an examination of, with the intent to perform or cause to be performed by any operation on the human teeth, alveolar process, gums, jaws, or associated structures; [B&P 1625] or
manages or conducts as a manager, proprietor, conductor, lessor, or otherwise, a place where dental operations are performed. [B&P 1625]

The State of California Department of Consumer Affairs regulates private businesses and professions that have an impact on public health, safety, and welfare. They set minimum qualifications and levels of competency for licensed persons to provide effective public services. It registers these persons to ensure qualified performance according to accepted professional standards. This department investigates allegations of unprofessional conduct, incompetence, fraudulent action, or unlawful activity and has the authority to institute disciplinary action against these persons. Also, the department conducts periodic checks of licensees, registrants, or otherwise certified persons to make sure they are complying with the code. [B&P 101.6] The Governor of the State of California appoints and has the power to remove members of the Board of Consumer Affairs. [B&P 106]

Dental Board of California
(formerly known as the Board of Dental Examiners of California)

The Dental Board of California is part of the Department of Consumer Affairs. They are the main authority for dentistry in the state. The Board consists of eight practicing dentists, one registered dental hygienist, one registered dental assistant, and four public members. They are organized into standing committees dealing with examinations, enforcement, auxiliary matters, and other appropriate subjects. [B&P 1601.1]

The Board's executive officer manages the Board Staff and field investigators, attends meetings and hearings, manages examinations, and notifies applicants of their examination results. [16 CCR 1001]

Each professional member of the Board must have been active in California in their profession for at least five years before the date of their appointment. The public members may not be licentiates of the Board. No more than one member may be a member of the faculty of any dental college or dental department of any medical college in California. None of the members may have any financial interest in any dental or medical college. [B&P 1602] Members of the Board are appointed for a term of four years. If a member vacates office before the end of their term, someone is appointed to fill that position within 30 days. No member may serve on the Board for more than two terms. [B&P 1603]

The Governor of California appoints two of the public members, the dental assistant member, the dental hygienist member, and the eight licensed dentist members of the Board. The Senate Rules Committee and the Speaker of the Assembly each appoint a public member. Their initial appointment occupies the first and second public member vacancies as they occur. [B&P 1603] The Governor has the power to remove from office any member of the Board for continued neglect of duty, incompetence, or unprofessional conduct. [B&P 1605]

Dental Licensees must allow the Board to inspect their offices, operatories, sterilization areas, and laboratories when there is suspicion of any violations of the law.

The Dental Board has the authority to issue administrative citations and fines. Dental Licensees must allow the Board to inspect their offices, operatories, sterilization areas, and laboratories when there is suspicion of any violations of the law. If a dentist denies inspection, they risk the suspension or revocation of their license. Violations found in an inspection may be punishable by a fine or citation. The dentist is responsible to pay the fine and make the necessary changes. The Board can pursue disciplinary action or apply the fee to the renewal rate of the licentiate if they do not pay the fee promptly.

The Board can issue citations for "unprofessional conduct," including but not limited to:

failure to comply with infection control guidelines
unsafe and unsanitary conditions
practicing with an expired license or permit
aiding and/or abetting the unlicensed practice of Dentistry
false or misleading statement in advertising
unlawfully advertised prices
failure to meet or comply with requirements for conscious sedation and/or general anesthesia permits
permitting auxiliaries to perform duties outside the scope of licensure

The Board meets regularly to examine applicants, once each year in San Francisco and once each year in Los Angeles, after the commencement of the dental schools. They may also meet at other times and places as the Board may designate to transact its business.

The Committee on Dental Auxiliaries consists of nine members appointed by the Governor of California [B&P 1744]: one a member of the Board of Dental Examiners; one licensed dentist and a member of the Board's Examining Committee; one a licensed dentist who is not on either the Board or Examining Committee; three licensed dental hygienists, at least one who is employed in a private practice; and three registered dental assistants. One of the hygienists and one of the assistants should be licensed in Expanded Functions. [B&P 1743] The members may not serve for more than two consecutive 4-year terms. The members elect one chairperson each year. The Governor has the power to remove any member of the Committee from office for neglect of any duty, incompetence, or unprofessional conduct. [B&P 1744]

The Committee meets at least four times annually, (twice in Sacramento and twice in Los Angeles), and may schedule additional meetings if necessary. The Board sends notices at least two weeks in advance to people who express an interest in attending the meetings. [B&P 1749]

The State of California uses the peer review system to preserve the highest standards of medical and dental practice, based on the legislature's recognition that "peer review, fairly conducted, will aid the appropriate state licensing boards in their responsibility to regulate and discipline errant healing arts practitioners." [B&P 809]

Under this system, a "peer review body" is obligated to investigate any circumstances that could result in the "denial or termination of staff privileges, membership or employment" because of a "medical disciplinary cause or reason." [B&P 805] Under the statute, a peer review board can consist of a committee of the professional staff of a health care facility, a licensed health care service plan (such as a dental HMO), or a committee of a professional society whose membership consist of at least 25% of the eligible licentiates in the area in which it operates. A "denial or termination" of privileges includes any reduction in the arrangements governing the scope of the licentiate's practice, including a decision not to extend or renew a contract, if that reduction is based on conduct that could be detrimental to patient care or safety. Any such change in a licentiate's practice arrangements must be reported to the appropriate licensing board, describing the circumstances and the sanctions imposed. [B&P 805] In California, this notice is known as an "805 Report."

If, following an investigation, a peer review body concludes that an 805 Report should issue, the licentiate must be given written notice of the body's "proposed final action." [B&P 809.1] At that point, the licentiate may request a formal hearing, administered in accord with the rights and procedures created by statute and/or the by-laws of the peer review body. [B&P 809.2]