California 2011-2012 Regular Session Status: Enacted

SB 540 — Dentistry.

Last action — Chaptered by Secretary of State. Chapter 385, Statutes of 2011.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law, until January 1, 2012, provides for the Dental Board of California within the Department of Consumer Affairs. Existing law requires the membership of the board to consist of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 4 public members. Existing law requires the Governor to appoint all of the members of the board, except that the Senate Committee on Rules and the Speaker of the Assembly each appoint a public member. Existing law, until January 1, 2012, allows the board, with the approval of the Director of Consumer Affairs, to appoint a person exempt from civil service as the executive officer of the board. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would extend the operation of those provisions until January 1, 2016, and instead specify that the board would be subject to review by the appropriate policy committees of the Legislature. The bill would change the membership of the board to include one additional public member, to be appointed by the Governor. The bill would also create a Dental Assisting Council of the board, to be appointed by the board, to consider matters relating to dental assistants and make recommendations to the board and standing committees of the board, as specified. Existing law makes it unlawful for a healing arts practitioner to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed. Existing law prohibits a dentist from making certain advertisements or holding himself or herself out as a specialist unless he or she meets specified criteria. This bill would delete the advertising prohibitions described above that apply only to dentists. Existing law requires every board in the Department of Consumer Affairs to initiate the process of adopting regulations on or before June 30, 1999, to require its licensees to provide notice to their clients or customers that the practitioner is licensed in this state, except as specified. This bill would require the board to comply with that provision by January 1, 2013, and would set forth requirements for the notice to be adopted by the board. Existing law authorizes the board to, upon an applicant's successful completion of the board examination, issue a probationary license to an applicant for licensure as a dentist or dental auxiliary. Existing law authorizes the board to require the applicant to comply with specified terms or conditions of a probationary license. This bill would require the board to adopt written guidelines on how to make probation assignments and to ensure that probationary and evaluation reports are conducted consistently and regularly. Existing law requires an applicant for licensure as a dentist to successfully complete an examination in California law and ethics developed and administered by the board. This bill would require the board to ensure that the law and ethics examination reflects current law and regulations and that the examinations are randomized. Existing law requires the board to establish criteria for the acceptance, denial, or termination of licentiates in a diversion program for the rehabilitation of licensees. This bill would make changes to the provisions that apply to a licensee who withdraws or terminates from the diversion program. The bill would provide that all diversion records for that licensee shall be provided to the board's enforcement program and may be used in any disciplinary proceeding, including if the licensee tests positive for banned substances, as specified. Existing law provides that the amount of the fees under the Dental Practice Act that relate to the licensing and permitting of dental assistants shall be established by resolution. This bill would instead require those fees to be established by regulation. Existing law requires the board to extend the California Dental Corps Loan Repayment Program of 2002 and distribute the money remaining in the account only until July 1, 2012. This bill would instead require the moneys to be distributed until all of the moneys are expended. (2) Existing law creates the Dental Hygiene Committee of California within the Dental Board of California. The committee is responsible for the registration and regulation of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions. Under existing law, the committee consists of 9 members appointed by the Governor. Under existing law, members of the committee are appointed to a term of 4 years and the terms for the initial appointments expire on December 31, 2011. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would provide for the repeal of the committee on January 1, 2015. The bill would provide for staggered terms for members of the committee beginning January 1, 2012, as specified. The bill would require the committee to be subject to review by the appropriate policy committees of the Legislature.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 385, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2413.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2997.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2771.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 17. Noes 0.) (August 25).

  11. Set, first hearing. Referred to APPR. suspense file.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (July 5).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & C.P.

  16. Referred to Com. on B., P. & C.P.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 34. Noes 0. Page 1245.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 9. Noes 0. Page 1086.) (May 23).

  21. Set for hearing May 23.

  22. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 848.) (May 2).

  25. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E.D.

  26. Set for hearing May 2.

  27. Hearing postponed by committee.

  28. Set for hearing April 25.

  29. Referred to Com. on B., P. & E.D.

  30. From printer. May be acted upon on or after March 20.

  31. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Price · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Price

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB540 Price Concurrence

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 37000
Republican 1000
Democratic 2000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Hernandez — Yea
Negrete McLeod — Yea
Huff — Yea
Kehoe — Yea
Rubio — Yea
Leno — Yea
Lieu — Yea
Cannella — Yea
Alquist — Yea
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Anderson — Yea
Harman — Yea
Liu — Yea
Simitian — Yea
Vargas — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 540 Price Senate Third Reading By HAYASHI

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 75002
Democratic 1000
Republican 2000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hagman — Yea
Hall — Yea
Butler — Yea
Hill — Yea
Hueso — Yea
Jeffries — Yea
John A. Pérez — Yea
Mitchell — Yea
Knight — Yea
Atkins — Yea
Logue — Yea
Carter — Yea
Miller — Yea
Alejo — Yea
Cedillo — Yea
Dickinson — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Campos — Yea
Portantino — Yea
Conway — Yea
Allen — Yea
Eng — Yea
Fuentes — Yea
Bonilla — Yea
Furutani — Not Voting
Fong — Yea
Fletcher — Yea
Gatto — Yea
Gordon — Yea
Ammiano — Yea
Block — Yea
Halderman — Yea
Harkey — Yea
Huffman — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nestande — Yea
Nielsen — Yea
Olsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Yea
Wieckowski — Yea
Williams — Yea
Achadjian — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Ma — Yea
Mansoor — Yea
Norby — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Wagner — Yea
Chesbro — Yea
Cook — Yea
Feuer — Yea
Davis — Yea
Galgiani — Yea
Garrick — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Hall — Yea
Harkey — Yea
Hill — Yea
Mitchell — Yea
Campos — Yea
Nielsen — Yea
Davis — Yea
Donnelly — Yea
Wagner — Yea
Blumenfield — Yea
Bradford — Yea
Lara — Yea
Norby — Yea
Solorio — Yea
Fuentes — Yea
Gatto — Yea
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Republican 1000
Democratic 1001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Huff — Yea
Lowenthal — Yea
De León — Yea
Anderson — Yea
Lieu — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Wolk — Yea
Negrete McLeod — Yea
Runner — Not Voting
Rubio — Not Voting
Fuller — Yea
Cannella — Not Voting
Leno — Yea
Dutton — Yea
Liu — Not Voting
Pavley — Yea
Wright — Yea
Alquist — Yea
Blakeslee — Yea
Harman — Yea
Hernandez — Yea
Kehoe — Yea
Vargas — Yea
Walters — Yea
Wyland — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Alquist — Yea
Kehoe — Yea
Lieu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Pavley — Yea
Emmerson — Yea

Official roll call →

Subjects

healthcare
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Frequently asked questions

What does SB 540 do?
(1) Existing law, until January 1, 2012, provides for the Dental Board of California within the Department of Consumer Affairs. Existing law requires the membership of the board to consist of 8 practicing dentists, a registered dental hygienist, a registered dental assistant, and 4 public members. Existing law requires the Governor to appoint all of the members of the board, except that the Senate Committee on Rules and the Speaker of the Assembly each appoint a public member. Existing law, until January 1, 2012, allows the board, with the approval of the Director of Consumer Affairs, to appoint a person exempt from civil service as the executive officer of the board. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would extend the operation of those provisions until January 1, 2016, and instead specify that the board would be subject to review by the appropriate policy committees of the Legislature. The bill would change the membership of the board to include one additional public member, to be appointed by the Governor. The bill would also create a Dental Assisting Council of the board, to be appointed by the board, to consider matters relating to dental assistants and make recommendations to the board and standing committees of the board, as specified. Existing law makes it unlawful for a healing arts practitioner to disseminate or cause to be disseminated any form of public communication containing a false, fraudulent, misleading, or deceptive statement, claim, or image for the purpose of or likely to induce, directly or indirectly, the rendering of professional services or furnishing of products in connection with the professional practice or business for which he or she is licensed. Existing law prohibits a dentist from making certain advertisements or holding himself or herself out as a specialist unless he or she meets specified criteria. This bill would delete the advertising prohibitions described above that apply only to dentists. Existing law requires every board in the Department of Consumer Affairs to initiate the process of adopting regulations on or before June 30, 1999, to require its licensees to provide notice to their clients or customers that the practitioner is licensed in this state, except as specified. This bill would require the board to comply with that provision by January 1, 2013, and would set forth requirements for the notice to be adopted by the board. Existing law authorizes the board to, upon an applicant's successful completion of the board examination, issue a probationary license to an applicant for licensure as a dentist or dental auxiliary. Existing law authorizes the board to require the applicant to comply with specified terms or conditions of a probationary license. This bill would require the board to adopt written guidelines on how to make probation assignments and to ensure that probationary and evaluation reports are conducted consistently and regularly. Existing law requires an applicant for licensure as a dentist to successfully complete an examination in California law and ethics developed and administered by the board. This bill would require the board to ensure that the law and ethics examination reflects current law and regulations and that the examinations are randomized. Existing law requires the board to establish criteria for the acceptance, denial, or termination of licentiates in a diversion program for the rehabilitation of licensees. This bill would make changes to the provisions that apply to a licensee who withdraws or terminates from the diversion program. The bill would provide that all diversion records for that licensee shall be provided to the board's enforcement program and may be used in any disciplinary proceeding, including if the licensee tests positive for banned substances, as specified. Existing law provides that the amount of the fees under the Dental Practice Act that relate to the licensing and permitting of dental assistants shall be established by resolution. This bill would instead require those fees to be established by regulation. Existing law requires the board to extend the California Dental Corps Loan Repayment Program of 2002 and distribute the money remaining in the account only until July 1, 2012. This bill would instead require the moneys to be distributed until all of the moneys are expended. (2) Existing law creates the Dental Hygiene Committee of California within the Dental Board of California. The committee is responsible for the registration and regulation of registered dental hygienists, registered dental hygienists in alternative practice, and registered dental hygienists in extended functions. Under existing law, the committee consists of 9 members appointed by the Governor. Under existing law, members of the committee are appointed to a term of 4 years and the terms for the initial appointments expire on December 31, 2011. Under existing law, boards scheduled for repeal are required to be evaluated by the Joint Sunset Review Committee. This bill would provide for the repeal of the committee on January 1, 2015. The bill would provide for staggered terms for members of the committee beginning January 1, 2012, as specified. The bill would require the committee to be subject to review by the appropriate policy committees of the Legislature.
Who sponsors SB 540?
SB 540 is sponsored by Price.
What is the current status of SB 540?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track SB 540?
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