CHAPTER 4. Dentistry [1600. - 1976.]

Chapter 4 added by Stats. 1937, Ch. 415.

§§ 1600–1976 · 335 sections

1. ARTICLE 1. Administration §§ 1600–1621 · 30 sections

   • § 1600 This chapter constitutes the chapter on dentistry of the Business and Professions Code. It may be known and cited as the Dental Practice Act. Whenever a…
   • § 1601.1 (a) There shall be in the Department of Consumer Affairs the Dental Board of California in which the administration of this chapter is vested. The board shall…
   • § 1601.2 Protection of the public shall be the highest priority for the Dental Board of California in exercising its licensing, regulatory, and disciplinary functions.…
   • § 1601.3 (a) All committees of the board have the authority to evaluate all suggestions or requests for regulatory changes related to their committee. Committees shall…
   • § 1601.4 (a) (1) The board shall review both of the following: (A) Available data on all adverse events related to general anesthesia and deep sedation, moderate…
   • § 1601.8 For purposes of training standards for general anesthesia, deep sedation, and moderate sedation, the board may approve a training standard in lieu of Pediatric…
   • § 1602 All of the members of the board, except the public members, shall have been actively and lawfully engaged in the practice of dentistry in the State of…
   • § 1603 (a) Except for the initial appointments, members of the board shall be appointed for a term of four years, and each member shall hold office until the…
   • § 1603.1 A member of the Dental Board of California who has served two terms shall not be eligible for reappointment to the board. In computing two terms hereunder,…
   • § 1604 Each member of the board, upon qualification, shall file with the executive officer the member’s post office address, and thereafter any notice of any change…
   • § 1605 Each appointing authority has power to remove from office at any time any member of the board appointed by that authority under Section 1603 pursuant to…
   • § 1606 The board shall elect a president, a vice president and a secretary from its membership. This section controls over the provisions of section 107 of this code…
   • § 1608 Special meetings may be held at such times as the board may elect, or on the call of the president of the board, or of not less than four members thereof. A…
   • § 1609 Meetings may be held at any time and place by unanimous consent evidenced either by writing or by the presence of any member whose consent is necessary.
   • § 1610 Eight members of the board shall constitute a quorum for the transaction of business at any meeting.
   • § 1611 The board shall carry out the purposes and enforce the provisions of this chapter. It shall examine all applicants for a license or permit to practice…
   • § 1611.3 The board shall require that the notice required under Section 138 includes a provision that the board is the entity that regulates dentists and dental…
   • § 1611.5 (a) The board may inspect the books, records, and premises of any dentist licensed under this chapter and the licensing documents, records, and premises of any…
   • § 1612 The board shall keep a record of the names of all persons to whom licenses or permits have been granted by it to practice dentistry, dental assisting, or any…
   • § 1613 The board shall have and use a seal bearing the name “Dental Board of California.”
   • § 1614 The board may adopt regulations pursuant to this chapter concerning: (a) The holding of meetings. (b) The holding of examinations. (c) The manner of issuance…
   • § 1615 Each member of the board shall receive a per diem and expenses as provided in Section 103.
   • § 1616 The board shall have full power to employ all necessary investigators, clerical and other assistants and appoint its own attorney, prescribe his duties and fix…
   • § 1616.6 There is hereby established within the board a full-time management level staff position, under the direction of the executive officer, whose responsibilities…
   • § 1617 A copy of any part or all of the books of the board duly certified by the executive officer shall be primary evidence in any court of this state.
   • § 1618 (a) The original books, records, and papers of the board shall be kept at the office of the executive officer, which shall be at such place as may be…
   • § 1618.5 (a) The board shall provide to the Director of the Department of Managed Health Care a copy of any accusation filed with the Office of Administrative Hearings…
   • § 1619 All examination documentation of any applicant shall be preserved by the board for a period of no less than one year from the date of final successful…
   • § 1619.1 Notwithstanding Section 1619, the board need not retain the National Board of Dental Examiners’ examination papers.
   • § 1621 The board shall utilize in the administration of its licensure examinations only examiners whom it has appointed and who meet the following criteria: (a)…
2. ARTICLE 2. Admission and Practice §§ 1625–1636.6 · 34 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 1625.6 (a) In addition to the actions authorized under Section 1625, a dentist may independently prescribe and administer influenza and COVID-19 vaccines, consistent…
   • § 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…
   • § 1626.1 In addition to the exemptions set forth in Section 1626, the operations by bona fide students of registered dental assisting, registered dental assisting in…
   • § 1626.2 An individual licensed to practice dentistry under this chapter is a licentiate for purposes of paragraph (2) of subdivision (a) of Section 805, and thus is a…
   • § 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…
   • § 1626.6 (a) (1) In addition to the exemptions set forth in Section 1626, the practice of dentistry by a dental student rendered or performed without compensation or…
   • § 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…
   • § 1627.5 (a) A 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…
   • § 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…
   • § 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…
   • § 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…
   • § 1628.7 (a) The board may deny licensure to any applicant who is guilty of unprofessional conduct or of any cause that would subject a licensee to revocation or…
   • § 1629 (a) Any member of the board may inquire of any applicant for examination concerning the applicant’s qualifications or experience and may take testimony of…
   • § 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…
   • § 1632 (a) The board shall require each applicant to successfully complete the written examination of the National Board Dental Examination of the Joint Commission on…
   • § 1632.5 (a) Prior to implementation of paragraph (1) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the…
   • § 1632.55 (a) Prior to implementation of paragraph (2) of subdivision (c) of Section 1632, the department’s Office of Professional Examination Services shall review the…
   • § 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… see note
   • § 1632.7 The Department of Finance may accept funds pursuant to Sections 11005.1 and 16302 of the Government Code for the purposes of reviewing and analyzing the…
   • § 1633 (a) When an applicant for a license has received a grading of 85 percent or above in any given subject, the applicant shall be exempt from reexamination on…
   • § 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…
   • § 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…
   • § 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.…
   • § 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…
   • § 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…
   • § 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…
   • § 1636.5 Notwithstanding Section 1636.4, any foreign dental school whose program was renewed by the board prior to January 1, 2020, through any date between January 1,…
   • § 1636.6 Notwithstanding Section 1636.4, graduates of a foreign dental school whose program was approved by the board prior to January 1, 2020, through any date before…
3. ARTICLE 2.4. Oral and Maxillofacial Surgery §§ 1638–1638.7 · 6 sections

   • § 1638 (a) For purposes of this article, “oral and maxillofacial surgery” means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects…
   • § 1638.1 (a) A dentist shall possess a current license in good standing and an elective facial cosmetic surgery permit to perform elective facial cosmetic surgical…
   • § 1638.2 (a) Notwithstanding any other provision of law, a person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery…
   • § 1638.3 (a) The fee to renew an oral and maxillofacial surgery permit shall be the amount prescribed in Section 1724. (b) Every provision of this chapter applicable to…
   • § 1638.5 An oral and maxillofacial surgery permit shall be automatically suspended for any period of time during which the holder does not possess a current valid…
   • § 1638.7 The next occupational analysis of dental licensees and oral and maxillofacial facial surgeons pursuant to Section 139 shall include a survey of the training…
4. ARTICLE 2.5. Special Permits §§ 1640–1642 · 5 sections

   • § 1640 Any person meeting all the following eligibility requirements may apply for a special permit: (a) Furnishing satisfactory evidence of having a pending contract…
   • § 1640.1 As used in this article, the following definitions shall apply: (a) “Specialty” means an area of dental practice approved by the American Dental Association…
   • § 1640.2 (a) The board shall limit the number of special permits to practice in a discipline at a college to the number that may be properly administered and supervised…
   • § 1640.3 The board may issue a special permit to a dentist who does not meet the eligibility requirements pursuant to Section 1640 if he or she provides evidence of…
   • § 1642 Every person to whom a special permit is issued shall be entitled to practice in their recognized specialty or discipline at the dental college at which he or…
5. ARTICLE 2.6. Continuing Education §§ 1645–1645.2 · 3 sections

   • § 1645 (a) (1) All holders of licenses under this chapter shall continue their education after receiving a license as a condition to the renewal thereof, and shall…
   • § 1645.1 (a) A person who applies for licensure as a registered dental assistant shall provide evidence of having successfully completed board-approved courses in…
   • § 1645.2 Any vaccine training program provided through the federal Centers for Disease Control and Prevention or the California Pharmacists Association, including…
6. ARTICLE 2.7. Licensed Dentists from Mexico Pilot Program § 1645.4 · 1 section

   • § 1645.4 (a) For purposes of this article, the following definitions apply: (1) “Board” means the Dental Board of California. (2) “Program” means the Licensed Dentists…
7. ARTICLE 2.75. Use of Deep Sedation and General Anesthesia §§ 1646–1646.13 · 14 sections

   • § 1646 As used in this article, the following definitions apply: (a) “Deep sedation” means a drug-induced depression of consciousness during which patients cannot be…
   • § 1646.1 (a) A dentist shall possess an active dentist license or a permit under Section 1638 or 1640 issued by the board and an active general anesthesia permit in…
   • § 1646.2 (a) A dentist who desires to administer or order the administration of deep sedation or general anesthesia shall apply to the board on an application form…
   • § 1646.3 (a) A physical evaluation and medical history shall be taken before the administration of deep sedation or general anesthesia. (b) Medical history, physical…
   • § 1646.4 (a) Prior to the issuance or renewal of a permit for the use of deep sedation or general anesthesia, the board may, at its discretion, require an onsite…
   • § 1646.5 A permittee shall be required to complete 24 hours of approved courses of study related to deep sedation or general anesthesia as a condition of renewal of a…
   • § 1646.6 (a) The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724. (b) The fee for an onsite inspection…
   • § 1646.7 (a) A violation of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit or license, or both.…
   • § 1646.8 Nothing in this chapter shall be construed to authorize a dentist to administer or directly supervise the administration of general anesthesia or deep sedation…
   • § 1646.9 (a) A physician and surgeon licensed by the Medical Board of California or Osteopathic Medical Board of California pursuant to Chapter 5 (commencing with…
   • § 1646.10 A general anesthesia permit shall expire on the date provided in Section 1715 that next occurs after its issuance, unless it is renewed as provided in this…
   • § 1646.11 A general anesthesia permitholder who has a permit that was issued before January 1, 2022, may follow the terms of that existing permit until it expires. Any…
   • § 1646.12 A pediatric endorsement shall expire on the date specified in Section 1715 that next occurs after its issuance, unless it is renewed as provided in this…
   • § 1646.13 This article shall become operative on January 1, 2022.
8. ARTICLE 2.84. Use of Moderate Sedation §§ 1647–1647.12 · 12 sections

   • § 1647 (a) The Legislature finds and declares that a commendable patient safety record has been maintained in the past by dentists and those other qualified providers…
   • § 1647.1 (a) As used in this article, “moderate sedation” means a drug-induced depression of consciousness during which a patient responds purposefully to verbal…
   • § 1647.2 (a) A dentist may administer or order the administration of moderate sedation on an outpatient basis for a dental patient if the dentist possesses an active…
   • § 1647.3 (a) A dentist who desires to administer or to order the administration of moderate sedation shall possess a dentist license or a permit under Section 1638 or…
   • § 1647.4 A moderate sedation permit shall expire on the date specified in Section 1715 that next occurs after its issuance, unless it is renewed as provided in this…
   • § 1647.5 A permittee shall be required to complete 15 hours of approved courses of study related to moderate sedation as a condition of renewal of a permit. Those…
   • § 1647.6 (a) A physical evaluation and medical history shall be taken before the administration of moderate sedation. (b) Records of the physical evaluation, medical…
   • § 1647.7 (a) Prior to the issuance or renewal of a permit to administer moderate sedation, the board may, at its discretion, require an onsite inspection and evaluation…
   • § 1647.8 (a) The application fee for a permit or renewal under this article shall not exceed the amount prescribed in Section 1724. (b) The fee for an onsite inspection…
   • § 1647.9 A violation of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit or license, or both. The…
   • § 1647.10 A conscious sedation permitholder who has a permit that was issued before January 1, 2022, may follow the terms of that existing permit until it expires. Any…
   • § 1647.12 This article shall become operative on January 1, 2022.
9. ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients §§ 1647.18–1647.26 · 9 sections

   • § 1647.18 As used in this article, the following terms have the following meanings: (a) “Adult patient” means a dental patient 13 years of age or older. (b) “Good…
   • § 1647.19 (a) A dentist may administer or order the administration of oral conscious sedation on an outpatient basis to an adult patient if the dentist possesses an…
   • § 1647.20 A dentist who desires to administer, or order the administration of, oral conscious sedation for adult patients, who does not hold a general anesthesia permit,…
   • § 1647.21 A certificate holder shall be required to complete a minimum of seven hours of approved courses of study related to oral conscious sedation of adult patients…
   • § 1647.22 (a) A physical evaluation and medical history shall be taken before the administration of oral conscious sedation to an adult. Records of the physical…
   • § 1647.23 The fee for an application for initial certification or renewal under this article shall not exceed the amount necessary to cover administration and…
   • § 1647.24 Any office in which oral conscious sedation of adult patients is conducted pursuant to this article shall, unless otherwise provided by law, meet the…
   • § 1647.25 A violation of any provision of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit,…
   • § 1647.26 The sum of forty-seven thousand dollars ($47,000) is hereby appropriated for the 2005–06 fiscal year from the State Dentistry Fund to the Department of…
10. ARTICLE 2.87. Use of Pediatric Minimal Sedation §§ 1647.30–1647.38 · 9 sections

    • § 1647.30 As used in this article, the following definitions apply: (a) “Minimal sedation” means a drug-induced state during which patients respond normally to verbal…
    • § 1647.31 (a) A dentist may administer or order the administration of pediatric minimal sedation on an outpatient basis for pediatric dental patients under 13 years of…
    • § 1647.32 (a) A dentist who desires to administer or order the administration of pediatric minimal sedation shall apply to the board on an application form prescribed by…
    • § 1647.33 (a) The application fee for a pediatric minimal sedation permit or renewal under this article shall not exceed the amount prescribed in Section 1724. (b) It is…
    • § 1647.34 A violation of any provision of this article constitutes unprofessional conduct and is grounds for the revocation or suspension of the dentist’s permit or…
    • § 1647.35 A pediatric minimal sedation permitholder shall be required to complete a minimum of seven hours of approved courses of study related to pediatric minimal…
    • § 1647.36 (a) A physical evaluation and medical history shall be taken before the administration of pediatric minimal sedation. (b) Records of the physical evaluation,…
    • § 1647.37 A pediatric minimal sedation permit shall expire on the date specified in Section 1715 that next occurs after its issuance, unless it is renewed as provided in…
    • § 1647.38 An oral conscious sedation for minor patients permitholder who has a permit that was issued before January 1, 2022, that authorized the permitholder to…
11. ARTICLE 2.9. Dental Restorative Materials §§ 1648.10–1648.20 · 3 sections

    • § 1648.10 (a) The Dental Board of California shall develop and distribute a fact sheet describing and comparing the risks and efficacy of the various types of dental…
    • § 1648.15 The fact sheet set forth by Section 1648.10 shall be provided by a dentist to every new patient and to patients of record prior to the performance of dental…
    • § 1648.20 (a) This article shall not apply to any surgical, endodontic, periodontic, or orthodontic dental procedure in which dental restorative materials are not used.…
12. ARTICLE 3. Registration §§ 1650–1657 · 8 sections

    • § 1650 Every person who is now or hereafter licensed to practice dentistry in this state shall register on forms prescribed by the board, his or her place of practice…
    • § 1650.1 (a) Every applicant and licensee who has an electronic mail address shall report to the board that electronic mail address no later than July 1, 2016. The…
    • § 1651 Any dentist who removes his place of practice shall register each change made by him within one month after making said change. In the event any licensed…
    • § 1653 The secretary shall issue a certificate of registration for each licentiate hereunder and for each office registered by such licentiate. The license and…
    • § 1654 Any licensed person who shall change his or her name according to law shall, within 10 days after that change, reregister with the executive officer of the…
    • § 1655 Any failure on the part of any person holding such license to register it as directed for a period of six months after its issuance shall ipso facto work a…
    • § 1656 On and after January 1, 1985, every dentist licensed to practice dentistry in the state and any person working in a dentist’s office who operates dental…
    • § 1657 (a) For the purposes of this section, the following definitions shall apply: (1) “Mobile dental unit” means a self-contained facility, which may include a…
13. ARTICLE 3.5. Additional Offices §§ 1658–1658.8 · 9 sections

    • § 1658 (a) (1) When a licensee desires to have more than one place of practice, the licensee shall, prior to the opening of the additional office, apply to the board,…
    • § 1658.1 Nothing in this chapter shall be construed to prohibit a licensed dentist from maintaining more than one dental office in this state if all of the following…
    • § 1658.2 (a) “Additional place of practice,” as used in this article, means any place of practice that increases the number of places of practice of the applicant, and…
    • § 1658.3 Nothing in this article shall limit or authorize the board to limit the number of additional places of practice authorized by the board, which are in operation…
    • § 1658.4 The transfer after October 1, 1961, of any additional office from one licentiate to another, other than as authorized by this article, shall terminate the…
    • § 1658.5 The transfer of the location of one additional office to a new location within the same county shall not be considered the establishment of a new additional…
    • § 1658.6 Failure to comply with the provisions of this article relating to the operation of additional offices shall be a ground for the suspension or revocation of the…
    • § 1658.7 The board shall have the power to carry out the provisions of this article by uniform rules and regulations.
    • § 1658.8 Notwithstanding any other provision of this chapter, a licensed dentist may operate a mobile dental unit provided by his or her property and casualty insurer…
14. ARTICLE 4. Suspension and Revocation of Licenses §§ 1670–1687 · 19 sections

    • § 1670 Any licentiate may have his license revoked or suspended or be reprimanded or be placed on probation by the board for unprofessional conduct, or incompetence,…
    • § 1670.1 (a) Any licentiate under this chapter may have his or her license revoked or suspended or be reprimanded or be placed on probation by the board for conviction…
    • § 1670.2 (a) Except as otherwise provided in this section, any proceeding initiated by the board against a licensee for the violation of any provision of this chapter…
    • § 1671 The board may discipline a licentiate by placing him or her on probation under various terms and conditions, which may include, but are not limited to, the…
    • § 1672 (a) When the board disciplines a licensee by placing him or her on probation, the board may, in addition to the terms and conditions described in Section 1671,…
    • § 1673 (a) On and after July 1, 2020, except as otherwise provided in subdivision (c), the board shall require a licensee to provide to a patient or the patient’s…
    • § 1678 Upon the revocation of any license, the fact shall be noted upon the records of the board and the license shall be marked as canceled upon the date of its…
    • § 1680 Unprofessional conduct by a person licensed under this chapter is defined as, but is not limited to, any one of the following: (a) The obtaining of any fee by…
    • § 1681 In addition to other acts constituting unprofessional conduct within the meaning of this chapter, it is unprofessional conduct for a person licensed under this…
    • § 1682 In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for: (a) Any dentist performing dental…
    • § 1683 (a) Every dentist, dental health professional, or other licensed health professional who performs a service on a patient in a dental office shall identify…
    • § 1683.1 (a) Any individual, partnership, corporation, or other entity that provides dental services through telehealth shall make available the name, telephone number,…
    • § 1683.2 A provider of dental services shall not require a patient to sign an agreement that limits the patient’s ability to file a complaint with the board.
    • § 1684 In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to…
    • § 1684.1 (a) (1) A licensee who fails or refuses to comply with a request for the dental records of a patient, that is accompanied by written authorization of the…
    • § 1684.5 (a) In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for any dentist to perform or allow to be…
    • § 1685 In addition to other acts constituting unprofessional conduct under this chapter, it is unprofessional conduct for a person licensed under this chapter to…
    • § 1686 A person whose license, certificate, or permit has been revoked or suspended, who has been placed on probation, or whose license, certificate, or permit was…
    • § 1687 (a) Notwithstanding any other provision of law, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal…
15. ARTICLE 4.7. Diversion Program §§ 1695–1699 · 11 sections

    • § 1695 It is the intent of the Legislature that the Dental Board of California seek ways and means to identify and rehabilitate licentiates whose competency may be…
    • § 1695.1 As used in this article: (a) “Board” means the Dental Board of California. (b) “Committee” means a diversion evaluation committee created by this article. (c)…
    • § 1695.2 One or more diversion evaluation committees is hereby created in the state to be established by the board. The board shall establish criteria for the selection…
    • § 1695.3 Each member of a committee shall receive per diem and expenses as provided in Section 103.
    • § 1695.4 The board shall administer the provisions of this article.
    • § 1695.5 (a) The board shall establish criteria for the acceptance, denial, or termination of licentiates in a diversion program. Unless ordered by the board as a…
    • § 1695.6 A committee created under this article operates under the direction of the program manager. The program manager has the primary responsibility to review and…
    • § 1696 Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to…
    • § 1697 Each licentiate who requests participation in a diversion program shall agree to cooperate with the treatment program designed by the committee and approved by…
    • § 1698 (a) After the committee and the program manager in their discretion have determined that a licentiate has been rehabilitated and the diversion program is…
    • § 1699 The board shall provide for the representation of any person making reports to a committee or the board under this article in any action for defamation for…
16. ARTICLE 5. Offenses Against This Chapter §§ 1700–1707 · 11 sections

    • § 1700 Any person, company, or association is guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not less than…
    • § 1700.5 Notwithstanding Section 1700, any person who holds a valid, unrevoked, and unsuspended certificate as a dentist under this chapter may append the letters…
    • § 1701 (a) Any person is for the first offense guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) or more than…
    • § 1701.1 (a) Notwithstanding Sections 1700 and 1701, a person who willfully, under circumstances or conditions that cause or create risk of bodily harm, serious…
    • § 1701.5 (a) Any dentist who as a sole proprietor, dentists who are organized as an association, partnership, or group, or a dental corporation that desires to practice…
    • § 1702 Nothing in this article shall prohibit the conferring of degrees and the bestowing of diplomas by reputable dental colleges of this State which have been…
    • § 1703 The board, or any member or officer thereof, may prefer a complaint for violation of this chapter, or any part thereof, before any court of competent…
    • § 1705 In addition to the other proceedings provided for in this chapter, the superior court of any county, on application of the board, shall issue an injunction to…
    • § 1705.5 Whenever any person has engaged or is about to engage in any acts or practices which constitute or will constitute an offense against this chapter, the…
    • § 1706 (a) Every complete upper or lower denture fabricated by a licensed dentist, or fabricated pursuant to the dentist’s work order, shall be marked with the…
    • § 1707 (a) If upon investigation, the board has probable cause to believe that a person, company, or association is advertising with respect to the offering or…
17. ARTICLE 6. Fees §§ 1715–1725 · 19 sections

    • § 1715 Licenses issued under the provisions of this chapter, unless specifically excepted, expire at 12 midnight on the legal birth date of a licentiate of the board…
    • § 1715.1 The provisions of Sections 1715, 1716, 1717, 1718, 1718.1, 1718.2, and 1718.3 shall also apply to and govern the expiration, renewal, restoration,…
    • § 1715.5 (a) A licensee shall, upon his or her initial licensure and any subsequent application for renewal, report the completion of any advanced educational program…
    • § 1716 Nothing contained in this chapter shall exempt from the payment of the renewal fee any person authorized to practice dentistry in the State of California, and…
    • § 1716.1 (a) Notwithstanding Section 1716, the board may, by regulation, reduce the renewal fee for a licensee who has practiced dentistry for 20 years or more in this…
    • § 1717 To renew an unexpired license, the licensee shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the…
    • § 1718 Except as otherwise provided in this chapter, an expired license may be renewed at any time within five years after its expiration on filing of application for…
    • § 1718.1 A suspended license is subject to expiration and shall be renewed as provided in this article, but such renewal does not entitle the licensee, while the…
    • § 1718.2 A revoked license is subject to expiration as provided in this article, but it may not be renewed. If it is reinstated after its expiration, the licensee, as a…
    • § 1718.3 A license that is not renewed within five years after its expiration shall be canceled and shall not be renewed, restored, reinstated, or reissued thereafter,…
    • § 1719 Upon collection by the proper officer of the court, 75 percent of the fines or forfeitures of bail in any case in which any person is charged with a violation…
    • § 1720 The executive officer shall on or before the 10th day of each month pay to the State Treasury and report to the Controller all fines, penalties, and…
    • § 1721 Except as provided in Sections 1944 and 1945, all funds received by the Treasurer under the authority of this chapter shall be placed in the State Dentistry…
    • § 1721.5 All funds received by the Treasurer pursuant to Section 1725 shall be placed in the State Dentistry Fund for the purposes of administering this chapter as it…
    • § 1722 The amount of seven hundred dollars ($700) of the fund shall constitute a revolving fund and may be drawn upon the warrant of the president and secretary of…
    • § 1723 All fines, penalties, and forfeitures, including the examination fee, imposed or collected by the board under any provision of this chapter shall be paid to…
    • § 1724 The amount of charges and fees for dentists licensed pursuant to this chapter shall be established by the board as is necessary for the purpose of carrying out…
    • § 1724.5 The amount of fees payable in connection with permits issued under Section 1701.5 is as follows: (a) The initial permit fee is an amount equal to the renewal…
    • § 1725 The amount of the fees prescribed by this chapter that relate to the licensing and permitting of dental assistants shall be established by regulation and…
18. ARTICLE 7. Dental Auxiliaries §§ 1740–1777 · 28 sections

    • § 1740 It is the intention of the Legislature by enactment of this article to permit the full utilization of dental assistants in order to meet the dental care needs…
    • § 1741 As used in this article: (a) “Alternative dental assisting program” means a program offered by an institution of secondary or postsecondary education that has…
    • § 1742 (a) There is hereby created a Dental Assisting Council of the Dental Board of California, which shall consider all matters relating to dental assistants in…
    • § 1743 (a) The board shall have the following duties and authority related to applications: (1) Shall review and evaluate all applications for licensure in all dental…
    • § 1747 The procedure on all matters relating to the denial, suspension, or revocation of licenses granted under this article shall be governed by the provisions of…
    • § 1750 (a) A dental assistant is an individual who, without a license, may perform basic supportive dental procedures, as authorized by Section 1750.1 and by…
    • § 1750.1 (a) A dental assistant may perform the following duties under the general supervision and pursuant to the order, control, and full professional responsibility…
    • § 1750.2 (a) The board may issue an orthodontic assistant permit to a person who files a completed application, pays the applicable fee, and provides evidence,…
    • § 1750.3 (a) A person holding an orthodontic assistant permit pursuant to Section 1750.2 may perform under the general supervision and pursuant to the order, control,…
    • § 1750.4 (a) The board may issue a dental sedation assistant permit to a person who files a completed application, pays the applicable fee, and provides evidence,…
    • § 1750.5 (a) A person who holds a dental sedation assistant permit pursuant to Section 1750.4 may perform under general supervision and pursuant to the order, control,…
    • § 1751 At least once every seven years, the board shall review the allowable duties for dental assistants, registered dental assistants, registered dental assistants…
    • § 1752.1 (a) The board may license as a registered dental assistant a person who files an application, pays the applicable fee, and submits written evidence,…
    • § 1752.4 (a) A registered dental assistant may perform all of the following duties and procedures of a dental assistant as specified in subdivisions (a), (b), and (c)…
    • § 1752.6 A registered dental assistant licensed on and after January 1, 2010, shall provide evidence of successful completion of a board-approved course in the…
    • § 1753 (a) On and after January 1, 2010, the board may license as a registered dental assistant in extended functions a person who files a completed application, pays…
    • § 1753.5 (a) A registered dental assistant in extended functions licensed on or after January 1, 2010, is authorized to perform all duties and procedures that a…
    • § 1753.51 (a) Unless otherwise specified in this section, a registered dental assistant in extended functions licensed on or after January 1, 2010, who successfully…
    • § 1753.52 (a) On or after January 1, 2026, a provider of a course for instruction in interim therapeutic restorations and radiographic decisionmaking for a registered…
    • § 1753.55 (a) A registered dental assistant in extended functions is authorized to perform the additional duties as set forth in subdivision (b) pursuant to the order,…
    • § 1753.6 Each person who holds a license as a registered dental assistant in extended functions on the operative date of this section may only perform those procedures…
    • § 1754.5 (a) A radiation safety course shall have the primary purpose of providing theory, laboratory, and clinical application in radiographic techniques. The board…
    • § 1755 (a) A course in infection control is one that has as its main purpose providing theory and clinical application in infection control practices and principles…
    • § 1765 No person other than a licensed dental hygienist or a licensed dentist may engage in the practice of dental hygiene or perform dental hygiene procedures on…
    • § 1767 The board shall adopt regulations necessary to implement the provisions of this article.
    • § 1771 Any person, other than a person who has been issued a license or permit by the board, who holds himself or herself out as a registered dental assistant,…
    • § 1773 The provisions of Sections 1715, 1718, 1718.1, 1718.2, and 1718.3 shall govern the renewal, restoration, reinstatement, and reissuance of licenses issued under…
    • § 1777 While employed by or practicing in a primary care clinic or specialty clinic licensed pursuant to Section 1204 of the Health and Safety Code, in a primary care…
19. ARTICLE 8. Dental Corporations §§ 1800–1808 · 6 sections

    • § 1800 A dental corporation is a corporation that is authorized to render professional services, as defined in Sections 13401 and 13401.5 of the Corporations Code, if…
    • § 1804 Notwithstanding subdivision (i) of Section 1680 and paragraph (7) of subdivision (a) of Section 1701, the name of a dental corporation and any name or names…
    • § 1805 Except as provided in Sections 13401.5 and 13403 of the Corporations Code, each director, shareholder, and officer of a dental corporation shall be a licensed…
    • § 1806 The income of a dental corporation attributable to professional services rendered while a shareholder is a disqualified person (as defined in the Moscone-Knox…
    • § 1807 A dental corporation shall not do or fail to do any act the doing of which or the failure to do which would constitute unprofessional conduct under any…
    • § 1808 The board may formulate and enforce rules and regulations to carry out the purposes and objectives of this article and the Moscone-Knox Professional…
20. ARTICLE 9. Dental Hygienists §§ 1900–1966.6 · 86 sections

    • § 1900 It is the intent of the Legislature by enactment of this article to permit the full utilization of registered dental hygienists, registered dental hygienists…
    • § 1901 (a) There is hereby created in the Department of Consumer Affairs a Dental Hygiene Board of California in which the administration of this article is vested.…
    • § 1902 For purposes of this article, the following definitions apply: (a) “Dental hygiene board” means the Dental Hygiene Board of California. (b) “Dental board”…
    • § 1902.1 Protection of the public shall be the highest priority for the dental hygiene board in exercising its licensing, regulatory, and disciplinary functions.…
    • § 1902.2 (a) A licensee shall report, upon initial licensure and any subsequent application for renewal or inactive license, the practice or employment status of the…
    • § 1902.3 A registered dental hygienist licensed in another state may teach in a dental hygiene college without being licensed in this state if the person has a special…
    • § 1903 (a) (1) The dental hygiene board shall consist of nine members as follows: (A) Seven members appointed by the Governor as follows: (i) Two members shall be…
    • § 1904 The dental hygiene board shall meet at least two times each calendar year and shall conduct additional meetings in appropriate locations that are necessary to…
    • § 1905 (a) The dental hygiene board shall perform the following functions: (1) Evaluate all registered dental hygienist, registered dental hygienist in alternative…
    • § 1905.1 The dental hygiene board may contract with the dental board to carry out this article. The dental hygiene board may contract with the dental board to perform…
    • § 1906 (a) The dental hygiene board shall adopt, amend, and revoke regulations to implement the requirements of this article. (b) All regulations adopted by the…
    • § 1907 The following functions may be performed by a registered dental hygienist, in addition to those authorized pursuant to Sections 1908 to 1914, inclusive: (a)…
    • § 1908 (a) The practice of dental hygiene includes dental hygiene assessment and development, planning, and implementation of a dental hygiene care plan. It also…
    • § 1909 A registered dental hygienist is authorized to perform the following procedures under direct supervision of a licensed dentist, after submitting to the dental…
    • § 1910 A registered dental hygienist is authorized to perform the following procedures under general supervision: (a) Preventive and therapeutic interventions,…
    • § 1910.5 (a) In addition to the duties specified in Section 1910, a registered dental hygienist is authorized to perform the following additional duties, as specified:…
    • § 1911 (a) A registered dental hygienist may provide, without supervision, educational services, oral health training programs, and oral health screenings. (b) A…
    • § 1911.5 Notwithstanding Section 1912, a registered dental hygienist may provide, without supervision, fluoride varnish to a patient.
    • § 1912 Any procedure performed or service provided by a registered dental hygienist that does not specifically require direct supervision shall require general…
    • § 1913 Unless otherwise specified in this chapter, a registered dental hygienist may perform any procedure or provide any service within the scope of their practice…
    • § 1914 A registered dental hygienist may use any material or device approved for use in the performance of a service or procedure within his or her scope of practice…
    • § 1915 No person other than a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions…
    • § 1916 (a) (1) An applicant for licensure under this article shall furnish electronic fingerprint images for submission to state and federal criminal justice…
    • § 1917 The dental hygiene board shall grant initial licensure as a registered dental hygienist to a person who satisfies all of the following requirements: (a)…
    • § 1917.1 (a) The dental hygiene board may grant a license as a registered dental hygienist to an applicant who has not taken a clinical examination before the dental…
    • § 1917.3 Notwithstanding Section 135, an examinee for a registered dental hygienist license who either fails to pass the clinical examination required by Section 1917…
    • § 1918 The dental hygiene board shall license as a registered dental hygienist in extended functions a person who meets all of the following requirements: (a) Holds a…
    • § 1920 (a) A person who holds a current and active license as a registered dental hygienist in extended functions or a registered dental hygienist in alternative…
    • § 1921 In addition to any other duties or functions authorized by law, a registered dental hygienist in extended functions or a registered dental hygienist in…
    • § 1922 The dental hygiene board shall license as a registered dental hygienist in alternative practice a person who demonstrates satisfactory performance on an…
    • § 1924 A person licensed as a registered dental hygienist who has completed the prescribed classes through the Health Manpower Pilot Project (HMPP) and who has…
    • § 1925 A registered dental hygienist in alternative practice may practice, pursuant to subdivision (a) of Section 1907, subdivision (a) of Section 1908, subdivisions…
    • § 1926 In addition to practices authorized in Section 1925, a registered dental hygienist in alternative practice may perform the duties authorized pursuant to…
    • § 1926.01 (a) In addition to practices authorized in Section 1925, a registered dental hygienist in alternative practice may perform the duties authorized pursuant to…
    • § 1926.05 (a) In addition to the duties specified in Section 1926, a registered dental hygienist in alternative practice is authorized to perform the duties pursuant to…
    • § 1926.1 (a) Notwithstanding any other provision of law, a registered dental hygienist in alternative practice may operate a mobile dental hygiene clinic in the…
    • § 1926.2 (a) Notwithstanding any other provision of law, a registered dental hygienist in alternative practice may operate one mobile dental hygiene clinic registered…
    • § 1926.3 (a) Every person who is now or hereafter licensed as a registered dental hygienist in alternative practice in this state shall register with the executive…
    • § 1926.4 When a registered dental hygienist in alternative practice desires to have more than one place of practice, the person shall, before opening the additional…
    • § 1927 A registered dental hygienist in alternative practice shall not do any of the following: (a) Infer, purport, advertise, or imply that he or she is in any way…
    • § 1928 A registered dental hygienist in alternative practice may submit or allow to be submitted any insurance or third-party claims for patient services performed as…
    • § 1929 (a) A registered dental hygienist in alternative practice may hire other registered dental hygienists in alternative practice to assist in his or her practice.…
    • § 1930 A registered dental hygienist in alternative practice shall provide to the dental hygiene board documentation of an existing relationship with at least one…
    • § 1931 (a) (1) A dental hygienist in alternative practice may provide services to a patient without obtaining written verification that the patient has been examined…
    • § 1932 (a) The dental hygiene board may, in its sole discretion, issue a probationary license to an applicant who has satisfied all requirements for licensure as a…
    • § 1933 A licensee shall be issued a substitute license upon request and payment of the required fee. The request shall be accompanied by an affidavit or declaration…
    • § 1934 A licensee who changes their physical address of record or email address shall notify the dental hygiene board within 30 days of the change. A licensee who…
    • § 1935 If not renewed, a license issued under the provisions of this article, unless specifically excepted, expires at 12 midnight on the last day of the month of the…
    • § 1936 Except as otherwise provided in this article, an expired license may be renewed at any time within five years after its expiration by filing an application for…
    • § 1936.1 (a) The dental hygiene board shall require, as a condition of license renewal, that licensees submit assurances satisfactory to the dental hygiene board that…
    • § 1937 A suspended license is subject to expiration and shall be renewed as provided in this article. The renewal does not entitle the licensee, while the license…
    • § 1938 A revoked license is subject to expiration as provided in this article. A revoked license may not be renewed. If it is reinstated after its expiration, the…
    • § 1939 A license that is not renewed within five years after its expiration may not be renewed, restored, reinstated, or reissued. The holder of the license may apply…
    • § 1940 (a) A licensee who desires an inactive license shall submit an application to the dental hygiene board on a form provided by the dental hygiene board. (b) In…
    • § 1941 (a) The dental hygiene board shall grant or renew approval of only those educational programs for RDHs that continuously maintain a high-quality standard of…
    • § 1941.5 (a) The dental hygiene board shall renew approval of educational programs for a registered dental hygienist, a registered dental hygienist in alternative…
    • § 1942 (a) As used in this article, “extramural dental facility” means any clinical facility that has contracted with an approved dental hygiene educational program…
    • § 1943 (a) The dental hygiene board may deny an application to take an examination for licensure as a registered dental hygienist, a registered dental hygienist in…
    • § 1944 (a) The dental hygiene board shall establish by resolution the amount of the fees that relate to the licensing of a registered dental hygienist, a registered…
    • § 1947 A license issued under this article and a license issued under this chapter to a registered dental hygienist, to a registered dental hygienist in alternative…
    • § 1949 A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board for unprofessional conduct,…
    • § 1950 (a) A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board, for conviction of a crime…
    • § 1950.5 Unprofessional conduct by a person licensed under this article is defined as, but is not limited to, any one of the following: (a) The obtaining of any fee by…
    • § 1951 The dental hygiene board may discipline a licensee by placing the licensee on probation under various terms and conditions that may include, but are not…
    • § 1952 It is unprofessional conduct for a person licensed under this article to do any of the following: (a) Obtain or possess in violation of law, or except as…
    • § 1953 (a) A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who performs a…
    • § 1954 (a) It is unprofessional conduct for a person licensed under this article to perform, or hold himself or herself out as able to perform, professional services…
    • § 1955 (a) (1) A licensee who fails or refuses to comply with a request for a patient’s dental or dental hygiene records that is accompanied by that patient’s written…
    • § 1956 It is unprofessional conduct for a person licensed under this article to require, either directly or through an office policy, or knowingly permit the delivery…
    • § 1957 (a) A person whose license has been revoked or suspended, who has been placed on probation, or whose license was surrendered pursuant to a stipulated…
    • § 1958 A person, company, or association is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in a county jail not less than 10 days nor…
    • § 1958.1 (a) Notwithstanding any other law, with regard to an individual who is required to register as a sex offender pursuant to Section 290 of the Penal Code, or the…
    • § 1959 A person who holds a valid, unrevoked, and unsuspended license as a registered dental hygienist, registered dental hygienist in alternative practice, or…
    • § 1960 For the first offense, a person is guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) nor more than three…
    • § 1961 A person who willfully, under circumstances that cause risk of bodily harm, serious physical or mental illness, or death, practices, attempts to practice,…
    • § 1962 (a) An association, partnership, corporation, or group of three or more registered dental hygienists in alternative practice engaging in practice under a name…
    • § 1963 The dental hygiene board may file a complaint for violation of any part of this article with any court of competent jurisdiction and may, by its officers,…
    • § 1964 In addition to the other proceedings provided for in this article, on application of the dental hygiene board, the superior court of any county shall issue an…
    • § 1965 If a person has engaged in or is about to engage in an act that constitutes an offense against this chapter, the superior court of any county, on application…
    • § 1966 (a) It is the intent of the Legislature that the dental hygiene board seek ways and means to identify and rehabilitate licensees whose competency may be…
    • § 1966.1 (a) The dental hygiene board shall establish criteria for the acceptance, denial, or termination of licensees in a diversion program. Unless ordered by the…
    • § 1966.2 Each diversion evaluation committee shall have the following duties and responsibilities: (a) To evaluate those licensees who request to participate in the…
    • § 1966.3 Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to…
    • § 1966.4 Each licensee who requests participation in a diversion program shall agree to cooperate with the treatment program designed by a diversion evaluation…
    • § 1966.5 (a) After a diversion evaluation committee, in its discretion, has determined that a licensee has been rehabilitated and the diversion program is completed,…
    • § 1966.6 The dental hygiene board shall provide for the representation of any person making reports to a diversion evaluation committee or the dental hygiene board…
21. ARTICLE 9.1. Registered Dental Hygienist in Alternative Practice Corporations §§ 1967–1967.4 · 5 sections

    • § 1967 A registered dental hygienist in alternative practice corporation is a professional corporation that is authorized to render professional services, as defined…
    • § 1967.1 It shall constitute unprofessional conduct and a violation of this article for any person licensed under this article to violate, attempt to violate, directly…
    • § 1967.2 A licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation pursuant to Section 13401.5 of the Corporations…
    • § 1967.3 The income of a registered dental hygienist in alternative practice corporation attributable to professional services rendered while a shareholder is a…
    • § 1967.4 (a) The bylaws of a registered dental hygienist in alternative practice corporation shall include a provision whereby the capital stock of the professional…
22. ARTICLE 9.5. California Dental Corps Loan Repayment Program §§ 1970–1976 · 7 sections

    • § 1970 There is hereby established in the Dental Board of California the Dental Corps Loan Repayment Program of 2002, which shall become operative on January 1, 2003.…
    • § 1970.5 It is the intent of this article that the Dental Board of California implement the California Dental Corps Loan Repayment Program.
    • § 1971 As used in this article: (a) “Account” means the Dentally Underserved Account established in Section 1973, which is contained within the fund. (b) “Board”…
    • § 1972 (a) (1) A program applicant shall possess a current valid license to practice dentistry in this state issued by the board pursuant to Section 1626, or be…
    • § 1973 (a) The Dentally Underserved Account is hereby created in the State Dentistry Fund. (b) The sum of three million dollars ($3,000,000) is hereby authorized to…
    • § 1975 The terms of loan repayment granted under this article shall be as follows: (a) After a program participant has been selected by the board to provide services…
    • § 1976 (a) The board shall report to the Legislature, during its sunset review period, the experience of the program since its inception, an evaluation of its…