Legislative Update

June 12, 2008

SB 534 (Perata) and its Sunset Provisions

As previously reported, SB 534, the legislation that would have created the Dental Hygiene Committee of California, was vetoed by Governor Schwartzenegger on October 31, 2007. By vetoing SB 534 the Dental Board of California (DBC) ceases to exist effective July 1, 2008, when a sunset provision in SB534 takes effect. When a professional regulatory board sunsets, its duties are assumed by a bureau within the Department of Consumer Affairs. Upon sunset of the Dental Board of California, the DBC becomes the Dental Bureau of California, one of several bureaus within the Department of Consumer Affairs. Under the supervision of a Dental Bureau chief rather than an executive officer, current staff positions will remain to continue the administration of board examinations, as well as other licensing and enforcement duties.

The Committee on Dental Auxiliaries (COMDA) will continue to exist in its current administrative structure as its sunset provision does not take place until 2010, allowing COMDA to continue its current duties. Following the DBC’s sunset COMDA’s executive officer will report to the Dept. of Consumer Affairs rather than the DBC.

If legislation is enacted during the 2008 session it could become effective as early as January 2009. What does this mean for the dental professions of California? The dental professions will be regulated by a bureau of civil service employees; the bureau has the authority to appoint advisory committees to address specific professional issues, however, ultimate decision-making authority will be the responsibility of the director of the Department of Consumer Affairs. It remains to be seen the impact this regulatory change will have on the consumers and licensed dental professionals of California.

During COMDA’s January meeting Judith Forsythe, RDA, was introduced as the new chair, and Lori Hubble, currently on the staff of the Dental Board of California, was selected as the new COMDA executive officer.

Katie Dawson, RDH, BS
GRC Co-Chair

September 17, 2007

SB534 (Perata) Update

Following approval by the California Senate and Assembly, SB 534 was enrolled on September 11 and is now awaiting Governor Schwarzenegger's signature! The governor has until October 14 to either sign or veto the bill. This bill, among other things, will create the Dental Hygiene Committee of California, the first dental hygiene self-regulatory body in the nation!

With the creation of the Dental Hygiene Committee of California (DHCC), the Committee on Dental Auxiliaries (COMDA) would no longer exist. The DHCC will regulate dental hygiene issues and the Dental Assisting Committee will become a sub-committee of the Dental Board of California (DBC) with it's separate staff. The Dental Assisting Alliance requested an amendment of the proposed Dental Assisting Committee's composition whereby the auxiliaries of the DBC would be appointed to the three-member committee. At the August DBC meeting the Alliance took the position of "oppose unless the amended" until SB534 amended the composition of the proposed Dental Assisting Committee. The DBC rejected the Alliance's amendment; the Alliance remained opposed to the bill. A letter of intent will be attached to the bill stating that in two-three years there will be an evaluation of the Dental Assisting Committee to discern the effectiveness of the committee's composition.

Senator Perata sponsored the bill and carried the legislation for the full approval by the Senate. Assemblyman Emmerson (dentist) carried the bill for the full approval by the Assembly. It should be noted that our legislative team of Terry McHale, JoAnn Galliano, GRC Co-chair, and the staff of Senator Perata, negotiated the final language of the bill with the California Dental Association; CDA removed its opposition to the legislation.

CALL TO ACTION: Letters have been written by our CDHA officers and component trustees to Governor Schwartzenegger to support this bill. Our Lobbyist has advised that no additional correspondence or communications be sent at this time.

Katie L. Dawson, RDH, BS
GRC Co-Chair