Business and Professions Code — Part 7 | BPC — United States — California law | Esheria

Business and Professions Code

Part 7 of 52 · provisions 1,201–1,400

This section says the act is called the Business and Professions Code.

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About this statute

This part may be cited as the Real Estate Law. This section says chapter definitions apply only to this part, unless the text says otherwise. “Commissioner” means the Real Estate Commissioner. “Department” means the Department of Real Estate in the Business and Consumer Services Agency. This section says certain references like “bureau” and “Real Estate Division” mean the Department of Real Estate, and it states the section becomes operative on July 1, 2018.

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Provisions of Business and Professions Code

Showing 200 of 10,364

  1. 152.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The Director of Consumer Affairs may organize the department’s reregistration and clerical work, but only subject to the Governor’s approval.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 152. For the purpose of administration, the reregistration and clerical work of the department is organized by the director, subject to the approval of the Governor, in such manner as the director deems necessary to properly segregate and conduct the work of the department. (Amended by Stats. 2020, Ch. 370, Sec. 2. (SB 1371) Effective January 1, 2021.)
  2. 152.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department’s boards may, with the director’s approval, extend license, certificate, or permit renewal dates by up to six months.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 152.5. For purposes of distributing the reregistration work of the department uniformly throughout the year as nearly as practicable, the boards in the department may, with the approval of the director, extend by not more than six months the date fixed by law for the renewal of any license, certificate or permit issued by them, except that in such event any renewal fee which may be involved shall be prorated in such manner that no person shall be required to pay a greater or lesser fee than would have been required had the change in renewal dates not occurred. (Added by Stats. 1959, Ch. 1707.)
  3. 152.6.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Each board must set license periods and renewal dates with the director, and fees should be adjusted so people do not pay more or less because of the change.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 152.6. Notwithstanding any other provision of this code, each board within the department shall, in cooperation with the director, establish such license periods and renewal dates for all licenses in such manner as best to distribute the renewal work of all boards throughout each year and permit the most efficient, and economical use of personnel and equipment. To the extent practicable, provision shall be made for the proration or other adjustment of fees in such manner that no person shall be required to pay a greater or lesser fee than the person would have been required to pay if the change in license periods or renewal dates had not occurred. As used in this section “license” includes “certificate,” “permit,” “authority,” “registration,” and similar indicia of authority to engage in a business or profession, and “board” includes “board,” “bureau,” “commission,” “committee,” and an individual who is authorized to renew a license. (Amended by Stats. 2019, Ch. 351, Sec. 40. (AB 496) Effective January 1, 2020.)
  4. 153.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The director may investigate the work of the boards and obtain copies of official records and data, except for examination questions before they are given to applicants.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 153. The director may investigate the work of the boards in the department and may obtain a copy of all records and full and complete data in all official matters in possession of the boards and their members, officers, or employees, other than examination questions prior to submission to applicants at scheduled examinations. (Amended by Stats. 2019, Ch. 351, Sec. 41. (AB 496) Effective January 1, 2020.)
  5. 153.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    If a newly authorized board replaces an existing or previous board, the director may appoint an interim executive officer, who serves temporarily until the new board appoints a permanent executive officer.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 153.5. In the event that a newly authorized board replaces an existing or a previous board, the director may appoint an interim executive officer for the board who shall serve temporarily until the new board appoints a permanent executive officer. (Added by Stats. 2002, Ch. 1079, Sec. 1. Effective September 29, 2002.)
  6. 154.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Boards, agencies, and commissions must handle employee employment, tenure, and discipline matters themselves, but need appointing power approval before referring them to the State Personnel Board.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 154. Any and all matters relating to employment, tenure or discipline of employees of any board, agency or commission, shall be initiated by said board, agency or commission, but all such actions shall, before reference to the State Personnel Board, receive the approval of the appointing power. To effect the purposes of Division 1 of this code and each agency of the department, employment of all personnel shall be in accord with Article XXIV of the Constitution, the law and rules and regulations of the State Personnel Board. Each board, agency or commission, shall select its employees from a list of eligibles obtained by the appointing power from the State Personnel Board. The person selected by the board, agency or commission to fill any position or vacancy shall thereafter be reported by the board, agency or commission, to the appointing power. (Amended by Stats. 1945, Ch. 1276.)
  7. 154.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department must keep developing and offering enforcement training courses, encourage certain staff to attend, and develop the training curricula with two other offices.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 154.1. (a) The Legislature hereby finds and declares all of the following: (1) The department is currently providing opportunities for employees of agencies comprising the department who perform enforcement functions to attend an entry level enforcement academy. (2) It is in the best interest of consumers in the state for the department to continue to provide ongoing training opportunities for employees performing enforcement functions for each agency comprising the department. (b) The department shall continue to develop and make available training courses for employees who perform enforcement functions. The purpose of the training courses is to develop knowledge of enforcement practices for all employees who perform enforcement functions. The department shall encourage an agency executive officer, registrar, executive director, bureau chief, enforcement manager, supervisor, or staff member to attend enforcement training courses. (c) The department shall develop the enforcement training curricula in consultation and cooperation with the office of the Attorney General and the Office of Administrative Hearings. (Added by Stats. 2014, Ch. 395, Sec. 3. (SB 1243) Effective January 1, 2015.)
  8. 154.2.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Healing arts boards in Division 2 may hire individuals to provide investigative services, and may also hire individuals to serve as experts.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 154.2. (a) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals, other than peace officers, to perform investigative services. (b) The healing arts boards within Division 2 (commencing with Section 500) may employ individuals to serve as experts. (Added by Stats. 2010, Ch. 719, Sec. 1. (SB 856) Effective October 19, 2010.)
  9. 154.3.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department must send fingerprint images and related information to the Department of Justice for specified workers, and the Department of Justice must return a state- or federal-level response.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 154.3. (a) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for an employee, prospective employee, contractor, subcontractor, or volunteer. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code. (b) Pursuant to subdivision (u) of Section 11105 of the Penal Code, the department shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice for all peace officer employees and prospective peace officer employees of the department. The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (k) of Section 11105 of the Penal Code. (Added by Stats. 2024, Ch. 997, Sec. 1. (AB 179) Effective September 30, 2024.)
  10. 154.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    If a non-employee expert hired by a board is sued over covered evaluation or testimony, the board must provide a defense, and the board is not liable for any judgment against that person.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 154.5. If a person, not a regular employee of a board under this code, including the Board of Chiropractic Examiners and the Osteopathic Medical Board of California, is hired or under contract to provide expertise to the board in the evaluation of an applicant or the conduct of a licensee, and that person is named as a defendant in a civil action arising out of the evaluation or any opinions rendered, statements made, or testimony given to the board or its representatives, the board shall provide for representation required to defend the defendant in that civil action. The board shall not be liable for any judgment rendered against the person. The Attorney General shall be utilized in the action and his or her services shall be a charge against the board. (Amended by Stats. 1991, Ch. 359, Sec. 3.)
  11. 155.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The director may hire investigators, inspectors, and deputies to investigate and prosecute violations assigned to the department or its boards, agencies, or commissions.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 155. (a) In accordance with Section 159.5, the director may employ such investigators, inspectors, and deputies as are necessary properly to investigate and prosecute all violations of any law, the enforcement of which is charged to the department or to any board, agency, or commission in the department. (b) It is the intent of the Legislature that inspectors used by boards, bureaus, or commissions in the department shall not be required to be employees of the Division of Investigation, but may either be employees of, or under contract to, the boards, bureaus, or commissions. Contracts for services shall be consistent with Article 4.5 (commencing with Section 19130) of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code. All civil service employees currently employed as inspectors whose functions are transferred as a result of this section shall retain their positions, status, and rights in accordance with Section 19994.10 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). (c) Nothing in this section limits the authority of, or prohibits, investigators in the Division of Investigation in the conduct of inspections or investigations of any licensee, or in the conduct of investigations of any officer or employee of a board or the department at the specific request of the director or his or her designee. (Amended by Stats. 1985, Ch. 1382, Sec. 1.)
  12. 156.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The director may enter and manage certain contracts for the department, and must report annual progress on the licensing technology transition to the Legislature by December 31 each year.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 156. (a) The director may, for the department and at the request and with the consent of a board within the department on whose behalf the contract is to be made, enter into contracts pursuant to Chapter 3 (commencing with Section 11250) of Part 1 of Division 3 of Title 2 of the Government Code or Chapter 2 (commencing with Section 10290) of Part 2 of Division 2 of the Public Contract Code for and on behalf of any board within the department. (b) In accordance with subdivision (a), the director may, in his or her discretion, negotiate and execute contracts for examination purposes, which include provisions that hold harmless a contractor where liability resulting from a contract between a board in the department and the contractor is traceable to the state or its officers, agents, or employees. (c) The director shall report progress on release 3 entities’ transition to a new licensing technology platform to all the appropriate committees of the Legislature by December 31 of each year. Progress reports shall include updated plans and timelines for completing all of the following: (1) Business process documentation. (2) Cost benefit analyses of information technology options. (3) Information technology system development and implementation. (4) Any other relevant steps needed to meet the IT needs of release 3 entities. (5) Any other information as the Legislature may request. (Amended by Stats. 2017, Ch. 429, Sec. 2. (SB 547) Effective January 1, 2018.)
  13. 156.1.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Certain contract vendors must keep treatment-and-rehabilitation records, and some of those records must stay confidential.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 156.1. (a) Notwithstanding any other law, individuals or entities contracting with the department or any board within the department for the provision of services relating to the treatment and rehabilitation of licensees impaired by alcohol or dangerous drugs shall retain all records and documents pertaining to those services until such time as these records and documents have been reviewed for audit by the department. These records and documents shall be retained for three years from the date of the last treatment or service rendered to that licensee, after which time the records and documents may be purged and destroyed by the contract vendor. This provision shall supersede any other law relating to the purging or destruction of records pertaining to those treatment and rehabilitation programs. (b) Unless otherwise expressly provided by statute or regulation, all records and documents pertaining to services for the treatment and rehabilitation of licensees impaired by alcohol or dangerous drugs provided by any contract vendor to the department or to any board within the department shall be kept confidential and are not subject to discovery or subpoena. (c) With respect to all other contracts for services with the department, or any board within the department other than those set forth in subdivision (a), the director or chief deputy director may request an examination and audit by the department’s internal auditor of all performance under the contract. For this purpose, all documents and records of the contract vendor in connection with such performance shall be retained by the vendor for a period of three years after final payment under the contract. Nothing in this section shall affect the authority of the State Auditor to conduct any examination or audit under the terms of Section 8546.7 of the Government Code. (Amended by Stats. 2019, Ch. 351, Sec. 42. (AB 496) Effective January 1, 2020.)
  14. 156.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The director may arrange short-term rental agreements for examination or meeting space and furnishings, may include hold-harmless terms, and may advance deposit payments, but the agreements need approval from the legal office of the Department of General Services.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 156.5. The director may negotiate and execute for the department and for its component agencies, rental agreements for short-term hiring of space and furnishings for examination or meeting purposes. The director may, in his or her discretion, negotiate and execute contracts for that space which include provisions which hold harmless the provider of the space where liability resulting from use of the space under the contract is traceable to the state or its officers, agents, or employees. Notwithstanding any other provision of law, the director may, in his or her discretion, advance payments as deposits to reserve and hold examination or meeting space. Any such agreement is subject to the approval of the legal office of the Department of General Services. (Amended by Stats. 1988, Ch. 1448, Sec. 1.5.)
  15. 157.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Expenses incurred by a board, or on its behalf, in a criminal prosecution or unprofessional conduct proceeding are proper charges against the board’s funds.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 157. Expenses incurred by any board or on behalf of any board in any criminal prosecution or unprofessional conduct proceeding constitute proper charges against the funds of the board. (Added by Stats. 1937, Ch. 474.)
  16. 158.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department’s boards and commissions may refund certain applicants with the Director of Consumer Affairs’ approval, and illegally or mistakenly collected application fees, license fees, or penalties must be refunded.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 158. With the approval of the Director of Consumer Affairs, the boards and commissions comprising the department or subject to its jurisdiction may make refunds to applicants who are found ineligible to take the examinations or whose credentials are insufficient to entitle them to certificates or licenses. Notwithstanding any other law, any application fees, license fees, or penalties imposed and collected illegally, by mistake, inadvertence, or error shall be refunded. Claims authorized by the department shall be filed with the State Controller, and the Controller shall draw a warrant against the fund of the agency in payment of the refund. (Amended by Stats. 2019, Ch. 351, Sec. 43. (AB 496) Effective January 1, 2020.)
  17. 159.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Certain board, agency, bureau, division, or commission members and executive officers have power to administer oaths and affirmations and certify official acts.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 159. The members and the executive officer of each board, agency, bureau, division, or commission have power to administer oaths and affirmations in the performance of any business of the board, and to certify to official acts. (Added by Stats. 1947, Ch. 1350.)
  18. 159.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The section creates the Division of Investigation and a Health Quality Investigation Unit, requires certain peace-officer investigators to be in the division and appointed by the director (subject to Section 160), and bars charging the Medical Board of California an hourly rate for those investigations.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 159.5. (a) (1) There is in the department the Division of Investigation. The division is in the charge of a person with the title of chief of the division. (2) Except as provided in Section 160, investigators who have the authority of peace officers, as specified in subdivision (a) of Section 160 and in subdivision (a) of Section 830.3 of the Penal Code, shall be in the division and shall be appointed by the director. (b) (1) There is in the Division of Investigation the Health Quality Investigation Unit. The primary responsibility of the unit is to investigate violations of law or regulation within the jurisdiction of the Medical Board of California, the Podiatric Medical Board of California, the Board of Psychology, the Osteopathic Medical Board of California, the Physician Assistant Board, or any entities under the jurisdiction of the Medical Board of California. (2) The Medical Board of California shall not be charged an hourly rate for the performance of investigations by the unit. (Amended by Stats. 2019, Ch. 351, Sec. 44. (AB 496) Effective January 1, 2020.)
  19. 16.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. )

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    This section says singular words include the plural, and plural words include the singular.

    ## Business and Professions Code - BPC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 399. ) ## 16. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1937, Ch. 399.)
  20. 160.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Certain investigators are given peace officer authority when performing specified investigative or prosecution-related work, and the Division of Investigation and the Dental Board may hire non-peace officers for investigative services.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 160. (a) The chief and all investigators of the Division of Investigation of the department and all investigators of the Dental Board of California have the authority of peace officers while engaged in exercising the powers granted or performing the duties imposed upon them or the division in investigating the laws administered by the various boards comprising the department or commencing directly or indirectly any criminal prosecution arising from any investigation conducted under these laws. All persons herein referred to shall be deemed to be acting within the scope of employment with respect to all acts and matters set forth in this section. (b) The Division of Investigation of the department and the Dental Board of California may employ individuals, who are not peace officers, to provide investigative services. (c) This section shall become operative on July 1, 2014. (Repealed (in Sec. 2) and added by Stats. 2013, Ch. 515, Sec. 3. (SB 304) Effective January 1, 2014. Section operative July 1, 2014, by its own provisions.)
  21. 160.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Certain civil service employees whose functions are transferred keep their positions, status, and rights, and the transfers must happen by the stated deadlines.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 160.5. (a) All civil service employees currently employed by the Board of Dental Examiners of the Department of Consumer Affairs, whose functions are transferred as a result of the act adding this section shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this section shall occur no later than July 1, 1999. (b) (1) All civil service employees currently employed by the Medical Board of California of the Department of Consumer Affairs, whose functions are transferred as a result of the act adding this subdivision shall retain their positions, status, and rights pursuant to Section 19050.9 of the Government Code and the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). The transfer of employees as a result of the act adding this subdivision shall occur no later than July 1, 2014. (2) The transfer of employees pursuant to this subdivision shall include all peace officer and medical consultant positions and all staff support positions for those peace officer and medical consultant positions. (Amended by Stats. 2013, Ch. 515, Sec. 4. (SB 304) Effective January 1, 2014.)
  22. 1600.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    This section says Chapter 4 of the Business and Professions Code is the dentistry chapter and may be cited as the Dental Practice Act.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 reference is made to the Dental Practice Act by the provisions of any statute, it shall be construed as referring to the provisions of this chapter. (Added by Stats. 1937, Ch. 415.)
  23. 16000.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Cities may license businesses, set and collect license fees, and must verify a contractor’s state license before issuing a business license. Income- or gross-receipts-based license fees cannot be applied to specified tax-exempt nonprofits or certain clergy.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000. (a) The legislative body of an incorporated city may, in the exercise of its police power, and for the purpose of regulation, as herein provided, and not otherwise, license any kind of business not prohibited by law transacted and carried on within the limits of its jurisdiction, including all shows, exhibitions and lawful games, and may fix the rates of the license fee and provide for its collection by suit or otherwise. Any legislative body, including the legislative body of a charter city, that fixes the rate of license fees pursuant to this subdivision upon a business operating both within and outside the legislative body’s taxing jurisdiction, shall levy the license fee so that the measure of the fee fairly reflects that proportion of the activity actually carried on within the taxing jurisdiction. (b) No license fee levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law city, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section. (c) Before a city, including a charter city, issues a business license to a person to conduct business as a contractor, as defined in Section 7026, the city shall verify that the person is licensed by the Contractors’ State License Board. (Amended by Stats. 1996, Ch. 936, Sec. 1. Effective January 1, 1997.)
  24. 16000.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Cities that license businesses must accept alternative ID numbers instead of a Social Security number in some cases, must collect a service-of-process address, and must keep applicant personal information confidential with limited exceptions.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000.1. (a) (1) A city that licenses businesses carried on within its jurisdiction shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the city otherwise requires a social security number for the issuance of a business license. (2) A city that licenses a business carried on within its jurisdiction shall require the applicant to provide an address where the individual consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Section 17538.5. This address shall be available for public inspection. (3) Personal information collected for purposes of issuing a business license by a city shall be confidential, shall not be available to the public for inspection, and shall not be disclosed except as required to administer the licensure program or comply with a judicial warrant, subpoena, or court order. (b) For purposes of this section, the following definitions shall apply: (1) “City” includes a charter city and a city and county. (2) “Personal information” means all of the following: (A) An applicant’s residential address if the applicant provides a different address pursuant to paragraph (2) of subdivision (a). (B) A California driver’s license or identification number, an individual taxpayer identification number, a municipal identification number, and a social security number. (C) Income and tax information. (Added by Stats. 2018, Ch. 388, Sec. 2. (AB 2184) Effective January 1, 2019.)
  25. 16000.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Local governments that issue business licenses or permits must give applicants written notice of Health and Safety Code Section 118600 requirements.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000.2. A city, county, or city and county that issues business licenses, equivalent instruments, or permits within its jurisdiction shall provide written notice of the requirements of Section 118600 of the Health and Safety Code to each applicant for a new or renewed business license, equivalent instrument, or permit. (Added by Stats. 2023, Ch. 223, Sec. 1. (AB 783) Effective January 1, 2024.)
  26. 16000.3.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Businesses in regulated industries must provide NPDES-related information when applying for or renewing a city business license, and cities must verify, transfer, and disclose certain compliance information.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000.3. (a) When applying to a city for an initial business license, equivalent instrument, or permit, or renewal thereof, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license, equivalent instrument, or permit, or renewal thereof, application: (1) The name and location of facilities operated by the person who conducts that business. (2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business. (3) Any of the following for each facility operated by the person of that business: (A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board. (B) The WDID application number issued for the facility by the State Water Resources Control Board. (C) The “notice of nonapplicability” (NONA) identification number issued for the facility by the State Water Resources Control Board. (D) The “no exposure certification” (NEC) identification number issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, equivalent instrument, or permit, the city shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the city shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the city may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the city shall only need to keep record of the applicable documentation. (c) The city shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board. The city shall make the identification number provided in the applicable documentation available to the public upon request in a manner consistent with the procedures of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) For business license, equivalent instrument, or permit renewals, a city may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) “City” includes a charter city and a charter city and county. (f) This section shall apply to applications for initial business licenses, equivalent instruments, or permits, and renewals thereof, submitted on and after January 1, 2020. (g) This section shall not apply to a city that does not issue or renew, or have an application process for issuing or renewing, business licenses, equivalent instruments, or permits that include a business license. (h) This section shall not be construed to impose any additional liability on a city under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code. (i) For purposes of this section, a business license, equivalent instrument, or permit includes a business license, equivalent instrument, or permit issued solely for the purpose of raising revenue. (Amended by Stats. 2022, Ch. 678, Sec. 1. (SB 891) Effective January 1, 2023.)
  27. 16000.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    An incorporated city may not require a regulatory license or impose a regulatory license fee for cafe musicians.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000.5. Notwithstanding Section 16000, no incorporated city shall require a regulatory license or impose a regulatory license fee with respect to cafe musicians. “Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment. (Added by Stats. 1969, Ch. 969.)
  28. 16000.7.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Cities may not require a regulatory license or license fee for solicitation of donations supporting veterans by federally chartered veterans’ organizations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16000.7. (a) The Legislature hereby finds and declares that the prohibition on the imposition of regulatory licenses and license fees on federally chartered veterans’ organizations that solicit donations as specified in this section is in need of uniform statewide regulation and constitutes a matter of statewide concern that shall be governed solely by this section. (b) Notwithstanding Section 37101 of the Government Code, Section 16000 of this code, or any other provision of law, no city, including a charter city, shall require a regulatory license or impose a regulatory license fee with respect to the solicitation of donations for the support of veterans by federally chartered veterans’ organizations specified in Title 36 of the United States Code. (c) This section shall not be construed to prohibit licensing and regulation of business-related activities, such as those involving the sale or exchange of goods or services. (Added by Stats. 1998, Ch. 138, Sec. 1. Effective January 1, 1999.)
  29. 16001.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Qualified veterans and similar servicemembers may sell certain goods without paying a license tax or fee, and the legislative body must issue them a free license.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16001. Every honorably discharged or honorably relieved soldier, sailor, or marine of the United States or Confederate States who served in the Civil War, any Indian war, the Spanish-American War, any Philippine insurrection, the Chinese Relief Expedition, the World War of 1914 and years following, or World War II, who is physically unable to obtain a livelihood by manual labor, and who is a voter of this state, may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever, whether municipal, county or state, and the legislative body shall issue to such soldier, sailor or marine, without cost, a license therefor. (Amended by Stats. 1970, Ch. 336.)
  30. 16001.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Certain eligible veterans may sell goods and distribute circulars without paying license taxes or fees, and the legislative body must issue them a free license.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16001.5. Every person who was honorably discharged or honorably relieved from the military, naval or air service of the United States who served on or after June 27, 1950, and prior to February 1, 1955, or on or after August 5, 1964, and prior to a future date to be established by the Legislature, who is physically unable to obtain a livelihood by manual labor, and who is a resident of this state, may distribute circulars, and hawk, peddle, and vend any goods, wares or merchandise owned by him, except spirituous, malt, or vinous, or other intoxicating liquor, without payment of any license tax or fee whatsoever, whether municipal, county or state, and the legislative body shall issue to such person, without cost, a license therefor. (Added by Stats. 1970, Ch. 336.)
  31. 16001.7.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Certain honorably discharged or relieved military service members who live in the state may sell specified goods without paying a business license fee, and the legislative body must issue them a free license.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16001.7. Every person who is honorably discharged or honorably relieved from the military, naval, or air service of the United States and who is a resident of this state, may distribute circulars, and hawk, peddle and vend any goods, wares, or merchandise owned by him or her, except spiritous, malt, or vinous, or other intoxicating liquor, without payment of any business license fee, whether municipal, county, or state, and the legislative body shall issue to that person, without cost, a license therefor. (Added by Stats. 2008, Ch. 435, Sec. 1. Effective January 1, 2009.)
  32. 16001.8.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Eligible veterans who are California residents and sole proprietors do not have to pay local business license fees for a business selling or providing services.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16001.8. (a) A veteran who is honorably discharged or honorably relieved from the Armed Forces of the United States and is a resident of this state shall not be required to pay any local business license fees for a business selling or providing services if the veteran is the sole proprietor of the business. (b) The Legislature finds and declares that the prohibition on the imposition of local business license fees on veterans as specified in this section is a matter of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. (Added by Stats. 2019, Ch. 227, Sec. 1. (AB 498) Effective January 1, 2020.)
  33. 16002.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    A commercial traveler whose business is limited to wholesale goods in this state is exempt from license fee collection and from penalties for nonpayment of that fee.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16002. No license fee may be collected from, nor any penalty for the nonpayment thereof enforced against, any commercial traveler whose business is limited to goods, wares, and merchandise sold or dealt in at wholesale in this State. (Added by Stats. 1941, Ch. 61.)
  34. 16002.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    A city may not collect a license fee for auctioning real estate from a real estate auctioneer whose business is exclusively auctioning real estate, except the city where that auctioneer has a permanent place of business.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16002.1. No license fee for the privilege of auctioning real estate may be collected from any real estate auctioneer, whose business is limited exclusively to auctioning real estate, except by the city in which he has a permanent place of business. (Added by Stats. 1968, Ch. 1312.)
  35. 16002.2.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Cities may not tax or license laundry-equipment businesses except through a gross-receipts-based tax, and they may not use minimum taxes, business-location counts, or machine counts to measure it.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16002.2. No city shall impose a license fee or tax, other than a fee or tax based on gross receipts, for the privilege of renting, leasing, or operating laundry equipment, whether or not coin operated, upon any individual or firm whose business is limited exclusively to renting, leasing, or operating such equipment, which license fee taxes or has the effect of taxing any gross receipts, other than gross receipts actually derived from the conduct of business within such city. For purposes of this section, the tax shall be based on the entire gross receipts of the taxpayer derived within the city, and no minimum tax shall be imposed upon any business location, nor shall such tax be measured by the number of business locations or machines of the taxpayer within the city. This section shall not apply to coin-operated laundry equipment owned and operated by a retail establishment providing coin-operated laundry equipment for general public use. (Added by Stats. 1970, Ch. 1145.)
  36. 16002.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    Cities generally may not tax coin-operated vending machines except by a gross-receipts-based fee or tax.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16002.5. No city shall impose a license fee or tax, other than a fee or tax based on gross receipts, for the privilege of renting, leasing, or operating coin-operated vending machines, upon any individual or firm whose business is limited exclusively to renting, leasing, or operating such machines, which license fee or tax has the effect of taxing any gross receipts other than gross receipts which are directly attributable to the business activities conducted within the city. For the purposes of this section, the license fee or tax shall be based on the entire gross receipts which are directly attributable to the business activities conducted within the city, and no minimum license fee or tax shall be imposed upon any business location, nor shall such license fee or tax be measured by the number of business locations or machines of the taxpayer within the city. Any license to conduct a business issued by a city in connection with which the city imposes a license fee or tax upon coin-operated vending machines within the city, may be revoked for failure of the licensee to report to the city the gross receipts from such machines. The city may demand an audit of any such licensee and require him to submit a copy of the state sales and use tax returns filed relative to such machines, and a copy of any other tax statement filed with any government entity by him or by any other individual or firm owning, renting, leasing, or operating such machines disclosing the gross receipts received from owning, renting, leasing, or operating such machines. The provisions of this section shall not apply to a chartered city or to a chartered city and county. (Amended by Stats. 1972, Ch. 817.)
  37. 16003.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    This section says the article does not repeal any act that gives municipal corporations power to license for revenue purposes.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16003. This article does not repeal any act vesting municipal corporations with power to license for revenue purposes. (Added by Stats. 1941, Ch. 61.)
  38. 16004.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    A business license issued under this chapter must be revoked if Section 24185 of the Health and Safety Code is violated.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16004. Any license issued to a business pursuant to this chapter shall be revoked for a violation of Section 24185 of the Health and Safety Code, relating to human cloning. (Amended by Stats. 2002, Ch. 821, Sec. 2. Effective January 1, 2003.)
  39. 16005.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. )

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    A city may not count certain cannabis-related taxes in the gross-receipts definition for a local tax or fee on a licensed cannabis retailer.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 1. Licensing by Cities [16000 - 16005] ( Chapter 1 added by Stats. 1941, Ch. 61. ) ## 16005. (a) A city shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the city on a cannabis retailer licensed under Division 10 (commencing with Section 26000), the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution. (b) For purposes of this section, “city” includes a charter city and a city and county. (Added by Stats. 2024, Ch. 874, Sec. 1. (SB 1059) Effective January 1, 2025.)
  40. 1601.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    This section creates the Dental Board of California, sets its composition, lets appointing powers appoint a former board member, gives the board prior authority, and allows it to enforce earlier disciplinary actions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 consist of eight practicing dentists, two registered dental assistants, and five public members. Of the eight practicing dentists, one shall be a member of a faculty of any California dental college, and one shall be a dentist practicing in a nonprofit community clinic. The appointing powers, described in Section 1603, may appoint to the board a person who was a member of the prior board. The board shall be organized into standing committees dealing with examinations, enforcement, and other subjects as the board deems appropriate. (b) For purposes of this chapter, any reference in this chapter to the Board of Dental Examiners shall be deemed to refer to the Dental Board of California. (c) The board shall have all authority previously vested in the existing board under this chapter. The board may enforce all disciplinary actions undertaken by the previous board. (d) This section shall remain in effect only until January 1, 2029, and as of that date is repealed. Notwithstanding any other law, the repeal of this section renders the board subject to review by the appropriate policy committees of the Legislature. (Amended by Stats. 2024, Ch. 483, Sec. 1. (SB 1453) Effective January 1, 2025. Repealed as of January 1, 2029, by its own provisions.)
  41. 1601.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The Dental Board of California must make protection of the public its highest priority when carrying out licensing, regulatory, and disciplinary functions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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. Whenever the protection of the public is inconsistent with other interests sought to be promoted, the protection of the public shall be paramount. (Added by Stats. 2002, Ch. 107, Sec. 2. Effective January 1, 2003.)
  42. 1601.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Board committees may evaluate regulatory-change requests and hold informational hearings, and they must include required details in reports. The Dental Hygiene Board of California’s Article 9 regulation powers are not restricted by this section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 have the authority to hold informational hearings in order to report and make appropriate recommendations to the board, after consultation with departmental legal counsel and the board’s chief executive officer. The committees shall include in any report regarding a proposed regulatory change, at a minimum, the specific language or the proposed change or changes and the reasons therefor and any facts supporting the need for the change. (b) No part of this section shall restrict the Dental Hygiene Board of California from adopting, amending, or revoking regulations authorized by Article 9 (commencing with Section 1900). (Amended by Stats. 2018, Ch. 858, Sec. 3. (SB 1482) Effective January 1, 2019.)
  43. 1601.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must review certain anesthesia/sedation data and guidelines, report relevant findings to the Legislature by January 1, 2022, provide a pediatric-deaths report at its sunset review, and keep the data for at least 15 years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 sedation, and minimal sedation in dentistry. (B) Relevant professional guidelines, recommendations, or best practices for the provision of dental anesthesia and sedation care. (2) By January 1, 2022, the board shall report to the Legislature any findings pursuant to this subdivision that are relevant to inform dental anesthesia and sedation standards. (3) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (b) The board shall provide a report on pediatric deaths related to general anesthesia and deep sedation in dentistry at the time of its sunset review pursuant to subdivision (d) of Section 1601.1. (c) The board shall retain available data on all adverse events related to general anesthesia and deep sedation, moderate sedation, and minimal sedation in dentistry for not less than 15 years. (Amended by Stats. 2018, Ch. 929, Sec. 1. (SB 501) Effective January 1, 2019.)
  44. 1601.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board may approve an equivalent or higher training standard instead of PALS certification for certain anesthesia training standards.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 Advanced Life Support (PALS) certification if the training standard is an equivalent or higher level of training for pediatric dental anesthesia-related emergencies than PALS certification that includes, but is not limited to, pediatric life support and airway management. (Added by Stats. 2018, Ch. 929, Sec. 3. (SB 501) Effective January 1, 2019.)
  45. 1602.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Board members must meet experience and conflict-of-interest rules; public members may not be licensees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 California, for at least five years next preceding the date of their appointment. The registered dental assistant members shall have been a registered dental assistant, in the State of California for at least five years next preceding the date of their appointment. The public members shall not be licensees of the board or of any other board under this division or of any board referred to in Sections 1000 and 3600. No more than one member of the board shall be a member of the faculty of any dental college or dental department of any medical college in the State of California. None of the members, including the public members, shall have any financial interest in any such college. (Amended by Stats. 2025, Ch. 592, Sec. 3. (SB 861) Effective January 1, 2026.)
  46. 1603.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Board members have four-year terms, with some initial appointment exceptions. Vacancies during a term must be filled within 30 days, no person may serve more than two terms, and the Governor plus two legislative authorities have appointment powers for specific seats.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 appointment and qualification of the member’s successor or until one year shall have elapsed since the expiration of the term for which the member was appointed, whichever first occurs. (b) A vacancy occurring during a term shall be filled by appointment for the unexpired term, within 30 days after it occurs. (c) No person shall serve as a member of the board for more than two terms. (d) The Governor shall appoint three of the public members, the two registered dental assistant members, and the eight licensed dentist members of the board. The Senate Committee on Rules and the Speaker of the Assembly shall each appoint a public member. (e) Of the initial appointments, one of the dentist members and one of the public members appointed by the Governor shall serve for a term of one year. Two of the dentist members appointed by the Governor shall each serve for a term of two years. One of the public members and two of the dentist members appointed by the Governor shall each serve a term of three years. The registered dental assistant members and the remaining three dentist members appointed by the Governor shall each serve for a term of four years. The public members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall each serve for a term of four years. (Amended by Stats. 2025, Ch. 592, Sec. 4. (SB 861) Effective January 1, 2026.)
  47. 1603.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    A Dental Board of California member who has served two terms may not be reappointed to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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, that portion of an unexpired term that a member fills as a result of a vacancy shall be excluded. (Added by renumbering Section 1603a by Stats. 2019, Ch. 865, Sec. 8. (AB 1519) Effective January 1, 2020.)
  48. 1604.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Board members must file their post office address with the executive officer after qualifying, and later report any address changes.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 thereof. Any notice mailed to the address so on file, shall be deemed to comply with the requirements of this chapter as to notice to that member of the board. (Amended by Stats. 2019, Ch. 865, Sec. 9. (AB 1519) Effective January 1, 2020.)
  49. 1605.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Each appointing authority may remove at any time any board member it appointed under Section 1603 pursuant to Section 106.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 Section 106. (Amended by Stats. 2019, Ch. 865, Sec. 10. (AB 1519) Effective January 1, 2020.)
  50. 1606.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must elect a president, vice president, and secretary from among its members.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 with respect to the selection of officers. (Added by Stats. 1937, Ch. 415.)
  51. 1608.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Special meetings of the board may be held when the board chooses, when called by the board president, or when called by at least four members; the executive officer must mail written notice of the meeting details at least 15 days in advance to members not involved in the call.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 written notice of the time, place, and object of the special meeting shall be mailed by the executive officer to all the members not parties to the call, at least 15 days before the day of the meeting. (Amended by Stats. 1984, Ch. 47, Sec. 4. Effective March 21, 1984.)
  52. 1609.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Meetings may be held at any time and place if there is unanimous consent.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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. (Amended by Stats. 1983, Ch. 380, Sec. 1.)
  53. 161.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department or a board in the department may make public copies or summaries of its records and charge only enough to cover actual cost; the director sets the charge with approval from the Department of General Services.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 161. The department, or any board in the department, may, in accordance with the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code) and the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code), make available to the public copies of any part of its respective public records, or compilations, extracts, or summaries of information contained in its public records, at a charge sufficient to pay the actual cost thereof. That charge shall be determined by the director with the approval of the Department of General Services. (Amended by Stats. 2021, Ch. 615, Sec. 3. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Section 463 of Stats. 2021, Ch. 615.)
  54. 1610.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Eight board members are needed to make a quorum for business at any meeting.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 1610. Eight members of the board shall constitute a quorum for the transaction of business at any meeting. (Amended by Stats. 1986, Ch. 1092, Sec. 4.)
  55. 16100.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    A county board of supervisors may license businesses and set and collect license fees, but a county must verify a contractor’s state license before issuing a business license, and certain nonprofit and religious organizations are exempt from income- or gross-receipts-based license fees.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16100. (a) The board of supervisors may in the exercise of its police powers, and for the purpose of regulation, as herein provided, and not otherwise, license any kind of business not prohibited by law, transacted and carried on within the limits of its jurisdiction, including all shows, exhibitions, and lawful games, and may fix the rate of the license fee and provide for its collection by suit or otherwise. (b) No license fee levied pursuant to subdivision (a) that is measured by the licensee’s income or gross receipts, whether levied by a charter or general law county, shall apply to any nonprofit organization that is exempted from taxes by Chapter 4 (commencing with Section 23701) of Part 11 of Division 2 of the Revenue and Taxation Code or Subchapter F (commencing with Section 501) of Chapter 1 of Subtitle A of the Internal Revenue Code of 1986, or the successor of either, or to any minister, clergyman, Christian Science practitioner, rabbi, or priest of any religious organization that has been granted an exemption from federal income tax by the United States Commissioner of Internal Revenue as an organization described in Section 501(c)(3) of the Internal Revenue Code or a successor to that section. (c) Before a county issues a business license to a person to conduct business as a contractor, as defined by Section 7026, the county shall verify that the person is licensed by the Contractors State License Board. (Amended by Stats. 2020, Ch. 312, Sec. 96. (SB 1474) Effective January 1, 2021.)
  56. 16100.1.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    Counties licensing businesses must accept certain alternative ID numbers instead of a Social Security number, require a service-of-process address, and keep collected personal information confidential.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16100.1. (a) (1) A county that licenses businesses carried on within its jurisdiction shall accept a California driver’s license or identification number, an individual taxpayer identification number, or a municipal identification number in lieu of a social security number if the county otherwise requires a social security number for the issuance of a business license. (2) A county that licenses a business carried on within its jurisdiction shall require the applicant to provide an address where the individual consents to receive service of process. An acceptable address for this purpose shall include a post office box or private mailbox that complies with paragraph (2) of subdivision (b) of Section 17538.5. This address shall be available for public inspection. (3) Personal information collected for purposes of issuing a business license by a county shall be confidential, shall not be available to the public for inspection, and shall not be disclosed except as required to administer the licensure program or comply with a judicial warrant, subpoena, or court order. (b) For purposes of this section, “personal information” means all of the following: (1) An applicant’s residential address if the applicant provides a different address pursuant to paragraph (2) of subdivision (a). (2) A California driver’s license or identification number, an individual taxpayer identification number, a municipal identification number, and a social security number. (3) Income and tax information. (Added by Stats. 2018, Ch. 388, Sec. 3. (AB 2184) Effective January 1, 2019.)
  57. 16100.3.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    A regulated business applying for or renewing a county business license must provide NPDES-related information, and the county must verify and share certain compliance information.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16100.3. (a) When applying to a county for an initial business license, equivalent instrument, or permit, or business renewal thereof, a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code, shall demonstrate enrollment with the National Pollutant Discharge Elimination System (NPDES) permit program by providing all of the following information, under penalty of perjury, on the initial business license, equivalent instrument, or permit, or renewal thereof, application: (1) The name and location of facilities operated by the person who conducts that business. (2) All primary Standard Industrial Classification Codes, as defined in Section 25244.14 of the Health and Safety Code, for the business. (3) Any of the following for each facility operated by the person of that business: (A) The stormwater permit number, known as the Waste Discharger Identification number (WDID), issued for the facility by the State Water Resources Control Board. (B) The WDID application number issued for the facility by the State Water Resources Control Board. (C) The “notice of nonapplicability” (NONA) identification number issued for the facility by the State Water Resources Control Board. (D) The “no exposure certification” (NEC) identification number issued for the facility by the State Water Resources Control Board. (b) Prior to the issuance or renewal of the business license, equivalent instrument, or permit, the county shall determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, and if applicable, the county shall confirm that the WDID, WDID application number, NONA, or NEC corresponds to the business requesting the initial business license or business license renewal. To determine whether any of the primary Standard Industrial Classification Codes are applicable to a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities, as referenced in Section 13383.5 of the Water Code, the county may use information provided by the State Water Resources Control Board, including information posted pursuant to Section 13383.10 of the Water Code for these purposes. To confirm the WDID, WDID application number, NONA, or NEC, the county shall only need to keep record of the applicable documentation. (c) The county shall transfer compliance information received in subdivision (a) to the State Water Resources Control Board as requested by the board. The county shall make the identification number provided in the applicable documentation available to the public upon request in a manner consistent with the procedures of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) For business license, equivalent instrument, or permit renewals, a county may develop a provisional license procedure that provides businesses three months to comply with the requirements of this section. (e) “County” includes a charter county and a charter city and county. (f) This section shall apply to applications for initial business licenses, equivalent instruments, or permits, and renewals thereof, submitted on and after January 1, 2020. (g) This section shall not apply to a county that does not issue or renew, or have an application process for issuing or renewing, business licenses, equivalent instruments, or permits that include a business license. (h) This section shall not be construed to impose any additional liability on a county under the National Pollutant Discharge Elimination System permit program for nonenrollment under a General Permit for Storm Water Discharges Associated with Industrial Activities Excluding Construction Activities by a person who conducts a business operation that is a regulated industry, as defined in Section 13383.5 of the Water Code. (i) For purposes of this section, a business license, equivalent instrument, or permit includes a business license, equivalent instrument, or permit issued solely for the purpose of raising revenue. (Amended by Stats. 2022, Ch. 678, Sec. 2. (SB 891) Effective January 1, 2023.)
  58. 16100.5.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    Counties and city and counties may not require a regulatory license or license fee for cafe musicians.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16100.5. Notwithstanding Section 16100, no county or city and county shall require a regulatory license or impose a regulatory license fee with respect to cafe musicians. “Cafe musician,” for the purposes of this section, means any person playing a musical instrument in any place or establishment where food or alcoholic beverages are sold, offered for sale or given away, who is an employee, or independent contractor, of such place or establishment. “Cafe musician” does not include an owner, manager, or operator of such place or establishment. (Added by Stats. 1969, Ch. 969.)
  59. 16100.7.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    Counties and city and counties may not require a regulatory license or fee for soliciting donations to support veterans through federally chartered veterans’ organizations.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16100.7. (a) Notwithstanding Section 37101 of the Government Code, Section 7284 of the Revenue and Taxation Code, or Section 16000 of this code, no county or city and county shall require a regulatory license or impose a regulatory license fee with respect to the solicitation of donations for the support of veterans by federally chartered veterans’ organizations specified in Title 36 of the United States Code. (b) This section shall not be construed to prohibit licensing and regulation of business-related activities, such as those involving the sale or exchange of goods or services. (Added by Stats. 1998, Ch. 138, Sec. 2. Effective January 1, 1999.)
  60. 16101.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    County boards of supervisors may license hawkers, itinerant peddlers, and itinerant vendors to raise revenue.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16101. The boards of supervisors in their respective counties may for the purpose of revenue license individuals acting as hawkers, itinerant peddlers or itinerant vendors, other than merchants having a fixed place of business in the county, their employees, and farmers selling farm products produced by them. (Added by Stats. 1941, Ch. 61.)
  61. 16102.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    Qualified discharged or honorably released soldiers, sailors, and marines may peddle certain goods without paying a license, tax, or fee, and county supervisors must issue the license free of charge.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16102. Every soldier, sailor or marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may hawk, peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or marine, without cost, a license therefor. (Amended by Stats. 1941, Ch. 646.)
  62. 16103.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    Commercial travelers whose business is limited to wholesale goods in California are exempt from license fees and related nonpayment penalties.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16103. No license fee may be collected from, nor any penalty for the nonpayment thereof enforced against, any commercial traveler whose business is limited to goods, wares and merchandise sold or dealt in at wholesale in this State. (Added by Stats. 1941, Ch. 61.)
  63. 16104.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    County supervisors may not impose a sheep-related license fee above 3 cents per head, and the tax cannot apply to lambs under eight months old.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16104. No license requiring a fee greater than 3 cents ($0.03) per head shall be imposed by the board of supervisors of any county on the business of raising, grazing, herding or pasturing sheep, nor shall any such license tax be applicable to or on account of lambs under eight months old. (Added by Stats. 1953, Ch. 67.)
  64. 16105.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    A business license issued under this chapter must be revoked if the business violates Health and Safety Code Section 24185 on human cloning.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16105. Any license issued to a business pursuant to this chapter shall be revoked for violation of Section 24185 of the Health and Safety Code, relating to human cloning. (Amended by Stats. 2002, Ch. 821, Sec. 3. Effective January 1, 2003.)
  65. 16106.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. )

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    A county may not count certain cannabis-related taxes in gross receipts when calculating a local tax or fee for a cannabis retailer licensed under Division 10.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2. Licensing by Counties [16100 - 16106] ( Chapter 2 added by Stats. 1941, Ch. 61. ) ## 16106. A county shall not include in the definition of gross receipts, for purposes of any local tax or fee imposed by the county on a cannabis retailer licensed under Division 10 (commencing with Section 26000), the amount of any cannabis excise tax imposed under Section 34011.2 of, or any sales and use taxes imposed under Part 1 (commencing with Section 6001) of, Part 1.5 (commencing with Section 7200) of, or Part 1.6 (commencing with Section 7251) of, Division 2 of the Revenue and Taxation Code, or Section 35 of Article XIII of the California Constitution. (Added by Stats. 2024, Ch. 874, Sec. 2. (SB 1059) Effective January 1, 2025.)
  66. 1611.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must enforce this chapter, examine all applicants for dentistry and dental assisting licenses or permits, issue licenses or permits to qualified applicants, and collect and apply fees as directed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 dentistry and dental assisting, according to the provisions of this chapter, and shall issue licenses and permits to practice dentistry and dental assisting in this state to such applicants as successfully pass all applicable licensing and permitting examinations administered by the board, or any regional or national testing entity designated to administer licensing or permitting examinations, and otherwise comply with the provisions of this chapter. The board shall collect and apply all fees as directed by this chapter. (Amended by Stats. 2018, Ch. 703, Sec. 7. (SB 1491) Effective January 1, 2019.)
  67. 1611.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must require certain notices to identify the board as the regulator of dentists and dental assistants, include the board’s phone number and website, and be posted where the public can easily see them, including electronically for telehealth patients.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 assistants and provides the telephone number and internet website of the board. The board shall require the notice to be posted in a conspicuous location accessible to public view and accessible electronically for patients receiving dental services through telehealth. (Amended by Stats. 2019, Ch. 865, Sec. 12. (AB 1519) Effective January 1, 2020.)
  68. 1611.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board may inspect dentists’ and dental assistants’ books, records, premises, and licensing documents after a complaint, and may use inspectors.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 dental assistant permitted under this chapter in response to a complaint that a dentist or dental assistant has violated any law or regulation that constitutes grounds for disciplinary action by the board, and may employ inspectors for this purpose. (b) Failure to allow an inspection or any part thereof shall be grounds for suspension or revocation of the license or permit in accordance with Section 1670. (Amended by Stats. 2018, Ch. 703, Sec. 9. (SB 1491) Effective January 1, 2019.)
  69. 16110.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. )

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    Local governments that levy a gross-receipts-based business license tax must not show the gross receipts amount or the tax cost on the business license tax receipt.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. ) ## 16110. No city, county, or city and county which levies a business license tax calculated on a basis of gross receipts pursuant to Section 16000 or 16100 or Section 37101 of the Government Code, as the case may be, or pursuant to any other provision of law, shall include the amount of gross receipts or the cost of the business license tax on the business license tax receipt. (Added by Stats. 1986, Ch. 388, Sec. 1.)
  70. 16111.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. )

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    This section defines “business license tax receipt,” “city,” and “county” for this chapter.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. ) ## 16111. As used in this chapter: (a) “Business license tax receipt” means the receipt or certificate required to be posted or displayed as evidence of a business’s payment of the tax. (b) “City” includes a charter city. (c) “County” includes a charter county. (Added by Stats. 1986, Ch. 388, Sec. 1.)
  71. 16112.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. )

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    The Legislature declares that protecting the privacy of a business’s tax payments and gross receipts is a matter of statewide interest and concern.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 2.1. Business License Taxation [16110 - 16112] ( Chapter 2.1 added by Stats. 1986, Ch. 388, Sec. 1. ) ## 16112. The Legislature finds and declares that protecting the privacy of a business’s tax payments and gross receipts is a matter of statewide interest and concern. (Added by Stats. 1986, Ch. 388, Sec. 1.)
  72. 1612.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must keep records of everyone granted a dentistry-related license or permit, and maintain any other records needed to clearly show its acts and proceedings.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 other function requiring a permit, and such other records as may be necessary to show plainly all of its acts and proceedings. (Amended by Stats. 2018, Ch. 703, Sec. 10. (SB 1491) Effective January 1, 2019.)
  73. 1613.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board must have and use a seal that bears the name “Dental Board of California.”

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 1613. The board shall have and use a seal bearing the name “Dental Board of California.” (Amended by Stats. 2013, Ch. 473, Sec. 1. (SB 821) Effective January 1, 2014.)
  74. 1614.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board may make regulations about meetings, examinations, licensing, approval standards for dental education programs, applicant exam subjects, and enforcing this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 and reissuance of licenses. (d) The establishment of standards for the approval of dental colleges and dental assisting programs and educational courses. (e) Prescribing subjects in which applicants are to be examined. (f) The administration and enforcement of this chapter. Such rules shall be adopted, amended, or repealed in accordance with the provisions of the Administrative Procedure Act. (Amended by Stats. 2018, Ch. 703, Sec. 11. (SB 1491) Effective January 1, 2019.)
  75. 1615.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    Each board member must receive a per diem and expenses as provided in Section 103.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 1615. Each member of the board shall receive a per diem and expenses as provided in Section 103. (Amended by Stats. 2018, Ch. 703, Sec. 12. (SB 1491) Effective January 1, 2019.)
  76. 1616.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    The board may hire necessary investigators and assistants, appoint its own attorney, set the attorney’s duties and compensation, and pay necessary travel expenses to board members and employees.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 his compensation. Members and employees of the board shall be entitled to other necessary traveling expenses. The investigators employed by the board shall be specifically trained to investigate dental practice activities. (Amended by Stats. 1979, Ch. 573.)
  77. 1616.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

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    A full-time management-level staff position is established within the board and is directed by the executive officer.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 shall include the management of matters related to dental assisting, including, but not limited to, education, examination, licensure, and enforcement. (Amended by Stats. 2019, Ch. 865, Sec. 14. (AB 1519) Effective January 1, 2020.)
  78. 1617.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    A board executive officer’s duly certified copy of the board’s books is primary evidence in any California court.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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. (Amended by Stats. 1984, Ch. 47, Sec. 6. Effective March 21, 1984.)
  79. 1618.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board must keep its original books, records, and papers at the executive officer’s office, and the executive officer must provide certified copies to applicants who pay the fee set in Section 163.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 designated by the board. (b) The executive officer shall furnish to any person making application a copy of any part thereof, certified by the executive officer as executive officer, upon payment of the fee specified in Section 163. The fee shall be deposited in the State Dentistry Fund. (Amended by Stats. 2019, Ch. 865, Sec. 15. (AB 1519) Effective January 1, 2020.)
  80. 1618.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board must send the Director of the Department of Managed Health Care a copy of certain accusations when filed, and must keep nonpublic reports confidential.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, when the accusation is filed, for a violation of this chapter relating to the quality of care of any dental provider of a health care service plan, as defined in Section 1345 of the Health and Safety Code. There shall be no liability on the part of, and no cause of action shall arise against, the State of California, the Dental Board of California, the Department of Managed Health Care, the director of that department, or any officer, agent, employee, consultant, or contractor of the state or the board or the department for the release of any false or unauthorized information pursuant to this section, unless the release is made with knowledge and malice. (b) The board and its executive officer and staff shall maintain the confidentiality of any nonpublic reports provided by the Director of the Department of Managed Health Care pursuant to subdivision (i) of Section 1380 of the Health and Safety Code. (Amended by Stats. 2015, Ch. 426, Sec. 7. (SB 800) Effective January 1, 2016.)
  81. 1619.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board must keep applicant examination documentation for at least one year after the final successful examination, then destroy it.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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 examination, after which time the documentation shall be destroyed. Prior to destruction, examination documentation shall be open to inspection only by members of the board, by the applicant or by someone appointed by the latter to inspect them, by a court of competent jurisdiction in a proceeding where the question of the contents of the papers is properly involved, or by the director in accordance with Section 110 or 153. (Amended by Stats. 2019, Ch. 865, Sec. 16. (AB 1519) Effective January 1, 2020.)
  82. 1619.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board does not have to retain the National Board of Dental Examiners’ examination papers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 1619.1. Notwithstanding Section 1619, the board need not retain the National Board of Dental Examiners’ examination papers. (Added by Stats. 1975, Ch. 872.)
  83. 162.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

    Verify source ↗

    Courts must admit the specified board-record certificate as prima facie evidence of the facts stated in it.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 162. The certificate of the officer in charge of the records of any board in the department that any person was or was not on a specified date, or during a specified period of time, licensed, certified or registered under the provisions of law administered by the board, or that the license, certificate or registration of any person was revoked or under suspension, shall be admitted in any court as prima facie evidence of the facts therein recited. (Added by Stats. 1949, Ch. 355.)
  84. 16200.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    Chapter definitions control how defined terms are read in later sections, unless context requires otherwise.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16200. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the terms they define in the subsequent sections of this chapter. (Added by Stats. 1941, Ch. 61.)
  85. 16201.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    “Fee” is defined broadly to include taxes, fees, penalties, other monetary exactions, and related interest and costs tied to licensing, certificates, or registrations required by law.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16201. “Fee” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected in connection with or as a prerequisite to or condition for the issuance, renewal or continued validity of any license, certificate or registration required by law. (Added by Stats. 1941, Ch. 61.)
  86. 16202.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    “Tax” is defined to include taxes, fees, penalties, other monetary exactions, and related interest and costs when imposed or collected for public revenue purposes.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16202. “Tax” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for revenue for public purposes generally. (Added by Stats. 1941, Ch. 61.)
  87. 16203.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    This section defines “charge” to include taxes, fees, penalties, and other monetary exactions, plus related interest and costs, when imposed or collected for regulatory or other public purposes.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16203. “Charge” includes every tax, fee, penalty and other monetary exaction, and interest and costs in connection therewith, imposed or collected for regulatory purposes or for some particular public purpose or purposes. (Added by Stats. 1941, Ch. 61.)
  88. 16204.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    This section defines “officer” broadly to include many state government roles and entities.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16204. “Officer” includes director, chief, commissioner, chairman, department, division, bureau, commission, board and any other person, officer or employee, and any agency, of or in the Government of this State. (Added by Stats. 1941, Ch. 61.)
  89. 16205.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    “Taxpayer” is defined to include persons and entities subject to or liable for any fee, tax, or charge.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 1. Definitions [16200 - 16205] ( Article 1 added by Stats. 1941, Ch. 61. ) ## 16205. “Taxpayer” includes every individual, person, firm, partnership, joint adventure, association, corporation, estate, trust, business trust, receiver, syndicate and artificial legal entity subject to or liable for any fee, tax or charge. (Added by Stats. 1941, Ch. 61.)
  90. 1621.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    The board may use only examiners it has appointed for licensure examinations, and those examiners must meet listed qualification criteria.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 1. Administration [1600 - 1621] ( Article 1 added by Stats. 1937, Ch. 415. ) ## 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) Possession of a valid license to practice dentistry in this state or possession of a valid license in one of the registered dental assistant categories licensed under this chapter. (b) Practice as a licensed dentist or in a licensure category described in subdivision (a) for at least five years preceding the examiner’s appointment. (c) Hold no position as an officer or faculty member at any college, school, or institution that provides instruction in the same licensure category as that held by the examiner. This subdivision shall not apply to a portfolio examiner. (Amended by Stats. 2019, Ch. 865, Sec. 18. (AB 1519) Effective January 1, 2020.)
  91. 16220.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    The chapter’s remedy for collecting a fee, tax, or charge is cumulative, and using that remedy does not prevent use of any other legal remedy.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. ) ## 16220. The remedy provided by this chapter for the collection of any fee, tax and charge is cumulative. No action taken under this chapter constitutes an election to pursue the remedy provided by it to the exclusion of any other remedy provided by law. (Added by Stats. 1941, Ch. 61.)
  92. 16221.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    An officer who collects a state fee, tax, or charge may sue a taxpayer who has not paid what is due, in the name of the people of the state.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. ) ## 16221. Every officer by or for whom any fee, tax or charge imposed by the statutes of this State is collected may bring a suit in the name of the people of this State against any taxpayer who fails, neglects or refuses to pay any sums due, owing and unpaid by the taxpayer upon the fee, tax or charge. This section does not of itself authorize a suit for recovery of a judgment for a tax on real estate which is a lien thereon. (Added by Stats. 1941, Ch. 61.)
  93. 16222.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    Code of Civil Procedure rules on summons, pleadings, proofs, trials, and appeals apply to actions under this chapter, unless this chapter says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. ) ## 16222. Except as otherwise provided in this chapter, the provisions of the Code of Civil Procedure relating to the service of summons, pleadings, proofs, trials and appeals are applicable to actions under this chapter. (Added by Stats. 1941, Ch. 61.)
  94. 16223.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    An officer suing under this chapter may ask for provisional remedies under the Code of Civil Procedure without posting bond or filing an affidavit.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. ) ## 16223. Upon application and without bond or affidavit, every officer suing under this chapter is entitled to all or any of provisional remedies provided in the Code of Civil Procedure. (Added by Stats. 1941, Ch. 61.)
  95. 16224.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    Money collected in suits under this chapter must be reported to the Controller and deposited in the State Treasury for the proper fund.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 2. Actions [16220 - 16224] ( Article 2 added by Stats. 1941, Ch. 61. ) ## 16224. All sums collected in suits under this chapter shall be reported to the Controller and deposited in the State Treasury to the credit of the fund in which would be deposited the fee, tax or charge for which the suit was brought. (Added by Stats. 1941, Ch. 61.)
  96. 16240.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 3. Penalties [16240- 16240.] ( Article 3 added by Stats. 1941, Ch. 61. )

    Verify source ↗

    A person may not practice, offer to practice, or advertise a regulated business or profession without a current and valid license, registration, or certificate.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 3. State Licensing [16200 - 16240] ( Chapter 3 added by Stats. 1941, Ch. 61. ) ## ARTICLE 3. Penalties [16240- 16240.] ( Article 3 added by Stats. 1941, Ch. 61. ) ## 16240. Every person who practices, offers to practice, or advertises any business, trade, profession, occupation, or calling, or who uses any title, sign, initials, card, or device to indicate that he or she is qualified to practice any business, trade, profession, occupation, or calling for which a license, registration, or certificate is required by any law of this state, without holding a current and valid license, registration, or certificate as prescribed by law, is guilty of a misdemeanor. (Amended by Stats. 1990, Ch. 1207, Sec. 33.)
  97. 1625.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    This section defines dentistry and lists activities that count as practicing dentistry.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 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 or more of the following: (a) By card, circular, pamphlet, newspaper, internet website, social media, or in any other way advertises themselves or represents themselves to be a dentist. (b) 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 malposed positions thereof. (c) In any way indicates that the person will perform by themselves or their agents or servants any operation upon the human teeth, alveolar process, gums, jaws, or associated structures, or in any way indicates that the person will construct, alter, repair, or sell any bridge, crown, denture, or other prosthetic appliance or orthodontic appliance. (d) Makes, or offers to make, an examination of, with the intent to perform or cause to be performed any operation on the human teeth, alveolar process, gums, jaws, or associated structures. (e) Manages or conducts as manager, proprietor, conductor, lessor, or otherwise, a place where dental operations are performed. (Amended by Stats. 2019, Ch. 865, Sec. 19. (AB 1519) Effective January 1, 2020.)
  98. 1625.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

    Verify source ↗

    Certain listed clinics and hospitals may employ licensees and dental assistants and charge for their services, but they may not control the professional judgment of those practitioners.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 be practicing dentistry within the meaning of Section 1625: (1) A primary care clinic that is licensed pursuant to subdivision (a) of Section 1204 of the Health and Safety Code. (2) A primary care clinic that is exempt from licensure pursuant to subdivision (b), (c), or (h) of Section 1206 of the Health and Safety Code. (3) A clinic owned or operated by a public hospital or health system. (4) A clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code. (b) The entities described in subdivision (a) shall not interfere with, control, or otherwise direct the professional judgment of a licensee or dental assistant lawfully acting within the licensee’s or dental assistant’s scope of practice as defined in this chapter. A requirement that licensees shall constitute all or a percentage of the governing body of the entity shall not be applicable to these entities. (Amended by Stats. 2019, Ch. 865, Sec. 20. (AB 1519) Effective January 1, 2020.)
  99. 1625.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A qualifying tax-exempt nonprofit may own or manage a place where dental operations are performed without that being treated as unlicensed dentistry, if it gets board approval and meets specified compliance conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 substantial part by donations, bequests, gifts, grants, government funds, or contributions, that may be in the form of money, goods, or services, of a place where dental operations are performed, shall not be construed to be the unlicensed practice of dentistry, as long as all of the following apply: (1) The entity obtains the board’s approval to offer dental services pursuant to regulations adopted by the board. (2) The entity does nothing to interfere with, control, or otherwise direct the professional judgment of or provision of dental services by a licensee or dental assistant lawfully acting within the licensee’s or dental assistant’s scope of practice as defined in this chapter. (3) The licensees and dental assistants of the entity providing services are in compliance with all applicable provisions of this chapter. (4) The entity is otherwise in compliance with this chapter and all other applicable provisions of state and federal law. (b) This section does not apply to any of the following entities: (1) A primary care clinic that is licensed pursuant to subdivision (a) of Section 1204 of the Health and Safety Code. (2) A primary care clinic that is exempt from licensure pursuant to subdivision (b), (c), or (h) of Section 1206 of the Health and Safety Code. (3) A clinic owned or operated by a public hospital or health system. (4) A clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code. (Amended by Stats. 2019, Ch. 865, Sec. 21. (AB 1519) Effective January 1, 2020.)
  100. 1625.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    After a dentist’s incapacity or death, certain listed persons may employ licensees and dental assistants and collect fees for up to 12 months, if Section 1625.4’s requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 persons may employ licensees and dental assistants and charge for the professional services they render for a period not to exceed 12 months from the date of the dentist’s death or incapacity without being deemed to be practicing dentistry within the meaning of Section 1625: (1) The legal guardian, conservator, or authorized representative of an incapacitated dentist. (2) The executor or administrator of the estate of a dentist who is deceased. (3) The named trustee or successor trustee of a trust or subtrust that owns assets consisting only of the incapacitated or deceased dentist’s dental practice and that was established solely for the purpose of disposition of the dental practice upon the dentist’s incapacity or death. (b) The persons described in subdivision (a) shall not interfere with, control, or otherwise direct the professional judgment of a licensee or dental assistant lawfully acting within licensee’s or dental assistant’s scope of practice as defined in this chapter. (Amended by Stats. 2019, Ch. 865, Sec. 22. (AB 1519) Effective January 1, 2020.)
  101. 1625.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    This section lets a specified person keep an incapacitated or deceased dentist’s practice running for up to 12 months, but only if several notice, licensing, record-release, and patient-notice requirements are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 shareholder of a professional dental corporation, a person identified in subdivision (a) of Section 1625.3 may enter into a contract with one or more dentists licensed in the state to continue the operations of the incapacitated or deceased dentist’s dental practice for a period of no more than 12 months from the date of death or incapacity, or until the practice is sold or otherwise disposed of, whichever occurs first, if all of the following conditions are met: (1) The person identified in subdivision (a) of Section 1625.3 delivers to the board a notification of death or incapacity that includes all of the following information: (A) The name and license number of the deceased or incapacitated dentist. (B) The name and address of the dental practice. (C) If the dentist is deceased, the name, address, and tax identification number of the estate or trust. (D) The name and license number of each dentist who will operate the dental practice. (E) A statement that the information provided is true and correct, and that the person identified in subdivision (a) of Section 1625.3 understands that any interference by the person or by the person’s assignee with the contracting dentist’s or dentists’ practice of dentistry or professional judgment is grounds for immediate termination of the operations of the dental practice without a hearing. The statement shall also provide that if the person required to make this notification willfully states as true any material fact that the person knows to be false, the person shall be subject to a civil penalty of up to ten thousand dollars ($10,000) in an action brought by any public prosecutor. A civil penalty imposed under this subparagraph shall be enforced as a civil judgment. (2) The dentist or dentists who will operate the practice shall be licensed by the board and that license shall be current, valid, and shall not be suspended, restricted, or otherwise the subject of discipline. (3) Within 30 days after the death or incapacity of a dentist, the person identified in subdivision (a) of Section 1625.3 or the contracting dentist or dentists shall send notification of the death or incapacity by mail to the last known address of each current patient of record with an explanation of how copies of the patient’s records may be obtained. This notice may also contain any other relevant information concerning the continuation of the dental practice. The failure to comply with the notification requirement within the 30-day period shall be grounds for terminating the operation of the dental practice under subdivision (b). The contracting dentist or dentists shall obtain a form signed by the patient, or the patient’s guardian or legal representative, that releases the patient’s confidential dental records to the contracting dentist or dentists prior to use of those records. (b) The board may order the termination of the operations of a dental practice operating pursuant to this section if the board determines that the practice is operating in violation of this section. The board shall provide written notification at the address provided pursuant to subparagraph (B) of paragraph (1) of subdivision (a). If the board does not receive a written appeal of the determination that the practice is operating in violation of this section within 10 days of receipt of the notice, the determination to terminate the operations of the dental practice shall take effect immediately. If an appeal is received in a timely manner by the board, the executive officer of the board, or the officer’s designee, shall conduct an informal hearing. The decision of the executive officer or the executive officer’s designee shall be mailed to the practice no later than 10 days after the informal hearing, is the final decision in the matter, and is not subject to appeal under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code). (c) Notwithstanding subdivision (b), if the board finds evidence that the person identified in subdivision (a) of Section 1625.3, or the person’s assignee, has interfered with the practice or professional judgment of the contracting dentist or dentists or otherwise finds evidence that a violation of this section constitutes an immediate threat to the public health, safety, or welfare, the board may immediately order the termination of the operations of the dental practice without an informal hearing. (d) A notice of an order of immediate termination of the dental practice without an informal hearing, as referenced in subdivision (b), shall be served by certified mail on the person identified in subdivision (a) of Section 1625.3 at the address provided pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a), as appropriate, and on the contracting dentist or dentists at the address of the dental practice provided pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (e) A person receiving notice of an order of immediate termination pursuant to subdivision (d) may petition the board within 30 days of the date of service of the notice for an informal hearing before the executive officer or the executive officer’s designee, which shall take place within 30 days of the filing of the petition. (f) A notice of the decision of the executive officer or the executive officer’s designee following an informal hearing held pursuant to subdivision (b) shall be served by certified mail on the person identified in subdivision (a) of Section 1625.3 at the address provided pursuant to subparagraph (B) or (C) of paragraph (1) of subdivision (a), as appropriate, and on the contracting dentist or dentists at the address of the dental practice provided pursuant to subparagraph (B) of paragraph (1) of subdivision (a). (g) The board may require the submission to the board of any additional information necessary for the administration of this section. (Amended by Stats. 2019, Ch. 865, Sec. 23. (AB 1519) Effective January 1, 2020.)
  102. 1625.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Dentistry license application and renewal forms must include a specified written notice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 article and for renewal of that license pursuant to Article 6 (commencing with Section 1715): “Effective January 1, 2008, certain nondentists may, upon your death or incapacity, contract with another licensed dentist or dentists to continue your dental practice for a period not exceeding 12 months if certain conditions are met. Sections 1625.3 and 1625.4 of the Business and Professions Code permit the legal guardian or conservator or authorized representative of an incapacitated dentist, the executor or administrator of the estate of a deceased dentist, or the named trustee or successor trustee of a trust or subtrust who meets certain requirements, to contract with a licensed dentist or dentists to continue the incapacitated or deceased dentist’s dental practice for a period not to exceed 12 months from the date of death or incapacity if the practice meets specified criteria and if certain other conditions are met, including providing a specific notification to the Dental Board of California. You and your estate planner should become familiar with these requirements and the notification process. Please contact the Dental Board of California for additional information.” (Added by Stats. 2007, Ch. 433, Sec. 3. Effective January 1, 2008.)
  103. 1625.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A dentist may independently prescribe and give influenza and COVID-19 vaccines to people age 3 or older, but must complete biennial immunization training and meet recordkeeping and reporting rules. The board may adopt regulations to implement the section.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 with recommendations adopted pursuant to Section 120164 of the Health and Safety Code, to persons 3 years of age or older. (b) In order to prescribe and administer a vaccine described in subdivision (a), a dentist shall do all of the following: (1) Complete an immunization training program biennially that is either offered by the CDC or taken through a registered provider approved by the board that, at a minimum, includes vaccine administration, prevention and management of adverse reactions, and maintenance of vaccine records. (2) Comply with all state and federal recordkeeping and reporting requirements, including providing documentation to the patient’s primary care provider, if applicable, and entering in the information in the appropriate immunization registry designated by the Immunization Branch of the State Department of Public Health. (c) The board may adopt regulations to implement this section. The adoption, amendment, repeal, or readoption of a regulation authorized by this section is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the board is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. For purposes of subdivision (e) of Section 11346.1 of the Government Code, the 180-day period, as applicable to the effective period of an emergency regulatory action and submission of specified materials to the Office of Administrative Law, is hereby extended to 240 days. (Amended by Stats. 2025, Ch. 105, Sec. 5. (AB 144) Effective September 17, 2025.)
  104. 1626.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A person may not practice dentistry in the state unless they have a valid, unexpired license or special permit from the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 subdivision, unless the person has a valid, unexpired license or special permit from the board. The following practices, acts and operations, however, are exempt from the operation of this chapter: (a) The practice of oral surgery by a physician and surgeon licensed under the Medical Practice Act. (b) The operations, in dental schools approved by the board, of bona fide students of dentistry or dental hygiene in the school’s clinical departments or laboratories or in a dental extension program approved by the board or in an advanced dental education program accredited by the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board. (c) The practice of dentistry by licensed dentists of other states or countries while appearing and operating as bona fide clinicians or instructors in dental colleges approved by the Dental Board of California. (d) The practice of dentistry by licensed dentists of other states or countries in conducting or making a clinical demonstration before any bona fide dental or medical society, association, or convention; provided, however, the consent of the Dental Board of California to the making and conducting of the clinical demonstration shall be first had and obtained. (e) The construction, making, verification of shade taking, alteration or repairing of bridges, crowns, dentures, or other prosthetic appliances, or orthodontic appliances, when the casts or impressions for this work have been made or taken by a licensed dentist, but a written authorization signed by a licensed dentist shall accompany the order for the work or it shall be performed in the office of a licensed dentist under the dentist’s supervision. The burden of proving written authorization or direct supervision is upon the person charged with the violation of this chapter. It is unlawful for any person acting under the exemption of this subdivision to represent or hold out to the public in any manner that the person will perform or render any of the services exempted by this subdivision that are rendered or performed under the provisions of this chapter by a licensed dentist, including the construction, making, alteration or repairing of dental prosthetic or orthodontic appliances. (f) The manufacture or sale of wholesale dental supplies. (g) The practice of dentistry or dental hygiene by applicants during a licensing examination conducted in this state by the licensing agency of another state which does not have a dental school; provided, however, that the consent of the board to the conducting of the examination shall first have been obtained and that the examination shall be conducted in a dental college accredited by the board. (h) The practice by personnel of the Air Force, Army, Coast Guard, Navy, or Marine Corps or employees of the United States Public Health Service, Veterans’ Administration, or Bureau of Indian Affairs when engaged in the discharge of official duties. (Amended by Stats. 2019, Ch. 865, Sec. 24. (AB 1519) Effective January 1, 2020.)
  105. 1626.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Certain approved students and unlicensed externship students are exempt from this chapter when the listed approval and supervision conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 extended functions, and registered dental hygiene in extended functions in the clinical departments or the laboratory of an educational program or school approved by the board, including operations by unlicensed students while engaged in clinical externship programs that have been approved by an approved educational program or school, and that are under the general programmatic and academic supervision of that educational program or school, are exempt from the operation of this chapter. (Added by renumbering Section 1626.5 (as added by Stats. 1999, Ch. 655, Sec. 6) by Stats. 2015, Ch. 303, Sec. 3. (AB 731) Effective January 1, 2016.)
  106. 1626.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A dentist licensed under this chapter is treated as a licentiate for Section 805(a)(2) and as a health care practitioner subject to Section 2290.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 health care practitioner subject to the provisions of Section 2290.5 pursuant to subdivision (b) of that section. (Amended by Stats. 2019, Ch. 865, Sec. 25. (AB 1519) Effective January 1, 2020.)
  107. 1626.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Dentists, groups of dentists, and dental corporations may not share acupuncture fees or receive value for acupuncture referrals or diagnoses, and dentists may not employ more than one acupuncture service worker; groups and corporations are limited to one such worker per 20 dentists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 anything of value from or on behalf of such acupuncturist for any referral or diagnosis. (b) A licensed dentist shall not employ more than one person to perform acupuncture services. (c) A group of dentists or a dental corporation shall not employ more than one person to perform acupuncture services for every 20 dentists in such group or corporation. (Added by Stats. 1975, Ch. 267.)
  108. 1626.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Dental students may practice dentistry without pay at a sponsored event if they are supervised by a licensed dentist with a clinical faculty appointment and the section’s conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 expectation of compensation under the supervision of a licensed dentist with a clinical faculty appointment at a sponsored event, is exempt from the operation of this chapter. (2) The practice of dentistry exempted by paragraph (1) only includes those operations, approved by the board, that are rendered or performed under the same conditions as operations exempt under subdivision (b) of Section 1626. (b) For purposes of this section, all of the following shall apply: (1) “Dental student” means a person who has begun clinical training at a dental school approved by the board. (2) “Licensed dentist” means a dentist licensed pursuant to this chapter. (3) “Patient” means a dental patient or, in the case of a minor, the patient’s representative. (4) “Sponsored event” means an event, not to exceed 10 calendar days, administered by a sponsoring entity or a local governmental entity, or both, through which health care is provided to the public without compensation or expectation of compensation. (5) “Sponsoring dental school” means a dental school that sanctions student and clinical faculty participation at a sponsored event. (6) “Sponsoring entity” means a nonprofit organization pursuant to Section 501(c)(3) of the Internal Revenue Code, or a community-based organization. (c) The volunteer practice of dentistry by students pursuant to this section shall comply with all of the following requirements: (1) Each patient shall be sufficiently informed that a dental student may be providing some of the treatment that the patient will be receiving. (2) Any information provided to the patient to give informed consent shall offer the patient the option to decline to be treated by the student. (3) The volunteer practice of a student shall be supervised by clinical faculty from the dental school in which the student is enrolled. (4) Each volunteer student shall wear an identification badge that clearly identifies the student as a dental student. The identification badge shall display the student’s name, the name of the student’s dental school, and the name and the telephone number of the Dental Board of California. That information shall be displayed in 14-point font, at minimum. (5) Supervision ratios and student oversight shall be at least as stringent as the standards set for the procedure being performed by the student and the age of the patient, in accordance with the standards at the sponsoring dental school’s clinical department, laboratory, or dental extension program operated pursuant to subdivision (b) of Section 1626. (6) (A) The student shall perform only those procedures in which the student is credentialed or those procedures the student is permitted to perform in the school’s clinical department, laboratory, or dental extension program operated pursuant to subdivision (b) of Section 1626. (B) For any clinical procedures, the designated supervising faculty shall be responsible for assessing the patient treated by a student and determining if the assigned student has the skill level necessary to provide that patient care. (d) The student or the student’s sponsoring dental school shall ensure liability insurance coverage is obtained that covers all services provided by the student, including diagnosis, treatment, and evaluation. (e) The sponsoring entity of the sponsored event shall provide the Dental Board of California with a list of the names of the students practicing dentistry exempted by this section at the sponsored event, the name of the school of enrollment of those students, and the name and license number of the supervising licensed dentist. (Amended by Stats. 2023, Ch. 550, Sec. 1. (AB 936) Effective October 8, 2023.)
  109. 1627.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A dentist’s existing license stays in force until it expires or is forfeited under this chapter.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 provided by this chapter. (Amended by Stats. 1983, Ch. 380, Sec. 7.)
  110. 1627.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Licensed dentists who give emergency care in good faith get liability protection, and the board may suspend compliance rules during a declared emergency.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 practice, or who, upon the request of another person so licensed, renders emergency care to a person for a complication arising from prior care of another person so licensed, shall not be liable for any civil damages as a result of any acts or omissions by that person in rendering the emergency care. (b) A person licensed under this chapter who voluntarily and without compensation or expectation of compensation, and consistent with the dental education and emergency training that the person has received, provides emergency medical care to a person during a state of emergency declared pursuant to a proclamation issued pursuant to Section 8588, 8625, or 8630 of the Government Code or a declaration of health emergency issued pursuant to Section 101080 of the Health and Safety Code shall not be liable in negligence for any personal injury, wrongful death, or property damage caused by the licensee’s good faith but negligent act or omission. This subdivision shall not provide immunity for acts or omissions of gross negligence or willful misconduct. This subdivision does not limit any immunity provided under subdivision (a). (c) Notwithstanding any other provision of law, for the duration of a declared state of emergency, pursuant to a proclamation of emergency issued pursuant to Section 8625 of the Government Code, the board may suspend compliance with any provision of this chapter or regulation adopted thereunder that would adversely affect a licensee’s ability to provide emergency services. (Amended by Stats. 2019, Ch. 865, Sec. 27. (AB 1519) Effective January 1, 2020.)
  111. 1627.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A dentist is not liable for damages for injury or death in certain emergency situations when a patient could not be fully informed before treatment.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 account of a failure to inform a patient of the possible consequences of a dental procedure where the failure to inform is caused by any of the following: (1) The patient was unconscious. (2) The dental procedure was undertaken without the consent of the patient because the dentist reasonably believed that a dental procedure should be undertaken immediately and that there was insufficient time to fully inform the patient. (3) A dental procedure was performed on a person legally incapable of giving consent, and the dentist reasonably believed that a dental procedure should be undertaken immediately and that there was insufficient time to obtain the informed consent of a person authorized to give such consent for the patient. (b) This section is applicable only to actions for damages for injuries or death arising because of a dentist’s failure to inform, and not to actions for such damages arising because of a dentist’s negligence in rendering or failing to render treatment. (c) As used in this section: (1) “Dentist” means a person licensed as a dentist pursuant to this chapter. (2) “Emergency situation occurring in a hospital” means a situation occurring in a hospital, whether or not it occurs in an emergency room, requiring immediate services for alleviation of severe pain or immediate diagnosis and treatment of unforeseeable dental conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death. (3) “Hospital” means a licensed general acute care hospital as defined in subdivision (a) of Section 1250 of the Health and Safety Code. (4) “Emergency situation occurring in the dentist’s office” means a situation occurring in an office, other than a hospital, used by the dentist for the examination or treatment of patients, requiring immediate services for alleviation of severe pain, or immediate diagnosis and treatment of unforeseeable dental conditions, which, if not immediately diagnosed and treated, would lead to serious disability or death. (Added by Stats. 1978, Ch. 412.)
  112. 1628.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Adults over 18 may take the board’s examination if they apply and meet the listed education, fee, and evidence requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 requirements: (a) Paying the fee for applicants for examination provided by this chapter. (b) Furnishing satisfactory evidence of having graduated from a dental college approved by the board or by the Commission on Dental Accreditation of the American Dental Association and presenting satisfactory evidence of having completed at dental school or schools the full number of academic years of undergraduate courses required for graduation. For purposes of this article, “dental college approved by the board” or “approved dental school” include a foreign dental school accredited by a body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board. (c) Furnishing the satisfactory evidence of financial responsibility or liability insurance for injuries sustained or claimed to be sustained by a dental patient in the course of the examination as a result of the applicant’s actions. (d) If the applicant has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school, the applicant shall furnish all of the following documentary evidence to the board: (1) That the applicant has completed, in a dental school or schools approved by the board pursuant to Section 1636.4, a resident course of professional instruction in dentistry for the full number of academic years of undergraduate courses required for graduation. (2) Subsequent thereto, the applicant has been issued by the dental school a dental diploma or a dental degree, as evidence of the successful completion of the course of dental instruction required for graduation. (e) Any applicant who has been issued a dental diploma from a foreign dental school that has not, at the time of the applicant’s graduation from the school, been approved by the board pursuant to Section 1636.4 shall not be eligible for examination until the applicant has successfully completed a minimum of two academic years of education at a dental college approved by the board pursuant to Article 1 (commencing with Section 1024) of Chapter 2 of Division 10 of Title 16 of the California Code of Regulations and has been issued a degree of doctor of dental medicine or doctor of dental surgery or its equivalent. This subdivision shall not apply to applicants who have successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who have successfully completed the requirements of Section 1628.2 on or before December 31, 2008. An applicant who has successfully completed the requirements of Section 1636 as it read before it was repealed on January 1, 2004, on or before December 31, 2003, or who has successfully completed the requirements of Section 1628.2 on or before December 31, 2008, shall be eligible to take the examination required by Section 1632, subject to the limitations set forth in subdivisions (b) and (c) of Section 1633. (f) Subdivisions (d) and (e) do not apply to a person who has been issued a degree of doctor of dental medicine or doctor of dental surgery by a foreign dental school accredited by a body that has a reciprocal accreditation agreement with any commission or accreditation organization whose findings are accepted by the board. (Amended by Stats. 2019, Ch. 865, Sec. 28. (AB 1519) Effective January 1, 2020.)
  113. 1628.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board may deny certain dentistry-related examination, registration, or license applications if the applicant has been convicted of a crime or has been formally disciplined under Section 480.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 corporation, or, at any time prior to licensure, the board may deny the issuance of a license to an applicant for licensure as a dentist or dental auxiliary, if the applicant has been convicted of a crime or subject to formal discipline pursuant to Section 480. (Amended by Stats. 2019, Ch. 865, Sec. 29. (AB 1519) Effective January 1, 2020.)
  114. 1628.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board may deny licensure, issue probationary licenses, and require conditions for probationary licensure; applicants on probation must be publicly listed, and denied applicants must wait at least one year before reapplying.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 suspension of their license. The board may, upon an applicant’s successful completion of the board’s licensure requirements, in its sole discretion, issue a probationary license to an applicant for licensure as a dentist or dental auxiliary. The board may require, as a term or condition of issuing the probationary license, the applicant to do any of the following, including, but not limited to: (1) Successfully complete a professional competency examination. (2) Submit to a medical or psychological evaluation. (3) Submit to continuing medical or psychological treatment. (4) Abstain from the use of alcohol or drugs. (5) Submit to random fluid testing for alcohol or controlled substance abuse. (6) Submit to continuing participation in a board-approved rehabilitation program. (7) Restrict the type or circumstances of practice. (8) Submit to continuing education and coursework. (9) Comply with requirements regarding notification to employer and changes of employment. (10) Comply with probation monitoring. (11) Comply with all laws and regulations governing the practice of dentistry. (12) Limit practice to a supervised structured environment in which the licensee’s activities shall be supervised by another dentist. (13) Submit to total or partial restrictions on drug prescribing privileges. (b) The board shall provide the decision placing the applicant on probation in plain view on the board’s internet website. (c) Unless otherwise specified by the board, the term of probation shall be for three years and the licensee may petition the board for early termination, or modification of a condition of, the probation in accordance with subdivision (b) of Section 1686. (d) An applicant shall not be eligible to reapply for licensure for a minimum of one year from the effective date of the denial of their application. (e) Upon successful completion of all terms and conditions of probation or termination of the probationary terms and conditions pursuant to subdivision (c), the board may issue an unrestricted license to the licensee. (f) Adjudication under the Administrative Procedure Act (Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code) shall not be required to issue a probationary license pursuant to subdivision (a). (Amended by Stats. 2024, Ch. 483, Sec. 3. (SB 1453) Effective January 1, 2025.)
  115. 1629.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Applicants for dentistry licensure must provide fingerprint or Live Scan materials and a signed disclosure release; the board may question applicants, take sworn testimony, and administer oaths.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 anyone in regard thereto, under oath, which the member is hereby empowered to administer. (b) Each applicant for licensure under this chapter shall furnish either fingerprint cards or a copy of a completed Live Scan form for submission to state and federal criminal justice agencies, including, but not limited to, the Federal Bureau of Investigation, in order to establish the identity of the applicant and in order to determine whether the applicant has a record of any criminal convictions in this state or in any other jurisdiction, including foreign countries. The information obtained as a result of the fingerprinting of the applicant shall be used in accordance with Section 11105 of the Penal Code, and to determine whether the applicant is subject to denial of licensure pursuant to Division 1.5 (commencing with Section 475) or Section 1628.5. The board shall request the subsequent arrest notification service for all applicants pursuant to Section 11105.2 of the Penal Code. (c) Each applicant for licensure to practice dentistry shall furnish a signed release allowing disclosure of information from the National Practitioner Data Bank and verification of registration status with the federal Drug Enforcement Administration within the United States Department of Justice. The board shall review this information to determine if it presents sufficient evidence of a violation of Article 4 (commencing with Section 1670) to warrant the submission of additional information from the applicant or the denial of the application for licensure. (Amended by Stats. 2019, Ch. 865, Sec. 30. (AB 1519) Effective January 1, 2020.)
  116. 163.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The department and each board in the department must charge $2 to certify copies of records, documents, papers, or documents showing their contents, unless another law expressly provides otherwise.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 163. Except as otherwise expressly provided by law, the department and each board in the department shall charge a fee of two dollars ($2) for the certification of a copy of any record, document, or paper in its custody or for the certification of any document evidencing the content of any such record, document or paper. (Amended by Stats. 1963, Ch. 590.)
  117. 163.5.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Late fees for Department of Consumer Affairs license renewals are generally 50% of the renewal fee, with a $25 minimum and $150 maximum, and cannot be assessed until 30 days after the renewal notice is mailed.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 163.5. Except as otherwise provided by law, the delinquency, penalty, or late fee for any licensee within the Department of Consumer Affairs shall be 50 percent of the renewal fee for such license in effect on the date of the renewal of the license, but not less than twenty-five dollars ($25) nor more than one hundred fifty dollars ($150). A delinquency, penalty, or late fee shall not be assessed until 30 days have elapsed from the date that the licensing agency mailed a notice of renewal to the licensee at the licensee’s last known address of record. The notice shall specify the date for timely renewal, and that failure to renew in a timely fashion shall result in the assessment of a delinquency, penalty, or late fee. In the event a reinstatement or like fee is charged for the reinstatement of a license, the reinstatement fee shall be 150 percent of the renewal fee for such license in effect on the date of the reinstatement of the license, but not more than twenty-five dollars ($25) in excess of the renewal fee, except that in the event that such a fee is fixed by statute at less than 150 percent of the renewal fee and less than the renewal fee plus twenty-five dollars ($25), the fee so fixed shall be charged. (Amended by Stats. 1985, Ch. 587, Sec. 1.)
  118. 1630.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Licensing exams for dentistry applicants must be thorough enough to test fitness to practice, cover specified competency areas, and use English for both questions and answers.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 fitness of the applicant to practice dentistry, and shall include assessing competency in the areas of diagnosis, treatment planning, and restorative, endodontic, periodontic, and prosthetic dentistry. Both questions and answers shall be written in the English language. (Amended by Stats. 2019, Ch. 865, Sec. 31. (AB 1519) Effective January 1, 2020.)
  119. 16300.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 4. Employment Activities [16300- 16300.] ( Chapter 4 added by Stats. 2001, Ch. 36, Sec. 1. )

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    Cities and counties may not require employees to get a business license or home-business permit, or charge a business tax or registration fee based on income from employee services for an employer.

    ## Business and Professions Code - BPC ## DIVISION 7. GENERAL BUSINESS REGULATIONS [16000 - 18107] ( Division 7 added by Stats. 1941, Ch. 61. ) ## PART 1. LICENSING FOR REVENUE AND REGULATION [16000 - 16550.2] ( Part 1 added by Stats. 1941, Ch. 61. ) ## CHAPTER 4. Employment Activities [16300- 16300.] ( Chapter 4 added by Stats. 2001, Ch. 36, Sec. 1. ) ## 16300. (a) Notwithstanding any other provision of this part, Chapter 1.5 (commencing with Section 7284) of Part 1.7 of Division 2 of the Revenue and Taxation Code, or Chapter 3 (commencing with Section 37100) of Part 2 of Division 3 of Title 4 of the Government Code, no city, including a charter city, city and county, or county may require an employee to obtain a business license or home business occupation permit for, or impose a business tax or registration fee based on income earned for services performed for an employer by the employee in an employment relationship as determined by reference to the common law factors reflected in rulings or guidelines used by either the Internal Revenue Service or the Franchise Tax Board. When there is a dispute between a city, city and county, or county and a taxpayer, the manner in which a taxpayer reports or reported income to the Franchise Tax Board or the Internal Revenue Service shall create a presumption regarding whether the taxpayer performed services for an employer as an employee, or operated a business entity. For purposes of this section, “income” includes income paid currently or deferred and income that is fixed or contingent. (b) Nothing in this section shall be interpreted to limit the authority of a city, city and county, or county to adopt and enforce zoning, health and safety ordinances, or regulations that define and limit activities that are permissible within its jurisdiction for the purposes of health, safety, welfare, and the provisions of applicable noise ordinances. (Added by Stats. 2001, Ch. 36, Sec. 1. Effective January 1, 2002.)
  120. 1632.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board must require dental applicants to pass specified written and law-and-ethics examinations, and applicants must submit the application, fee, and required dean certification to take the exam.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 National Dental Examinations. (b) The board shall require each applicant to successfully complete an examination in California law and ethics developed and administered by the board. The board shall provide a separate application for this examination. The board shall ensure that the law and ethics examination reflects current law and regulations, and ensure that the examinations are randomized. Applicants shall submit this application and required fee to the board in order to take this examination. In addition to the aforementioned application, the only other requirement for taking this examination shall be certification from the dean of the qualifying dental school or the dean’s delegate attended by the applicant that the applicant has graduated, or will graduate, or is expected to graduate. Applicants who submit completed applications and certification from the dean at least 15 days prior to a scheduled examination shall be scheduled to take the examination. Successful results of the examination shall, as established by board regulation, remain valid for two years from the date that the applicant is notified of having passed the examination. (c) Except as otherwise provided in Section 1632.5, the board shall require each applicant to have taken and received a passing score on one of the following: (1) A clinical and written examination administered by the Western Regional Examining Board within five years prior to the date of their application for a license under this section. (2) The clinical and written examination developed by the American Board of Dental Examiners, Inc., within five years prior to the date of their application for a license under this section. (d) Notwithstanding subdivision (b) of Section 1628, the board is authorized to do either of the following: (1) Approve an application for examination from, and to examine an applicant who is enrolled in, but has not yet graduated from, a reputable dental school approved by the board. (2) Accept the results of an examination described in subdivision (c) submitted by an applicant who was enrolled in, but had not graduated from, a reputable dental school approved by the board at the time the examination was administered. In either case, the board shall require the dean of that school or the dean’s delegate to furnish satisfactory proof that the applicant will graduate within one year of the date the examination was administered. (e) The board may determine the testing format, as related to patients, for the examination provided pursuant to paragraph (2) of subdivision (c). (Amended by Stats. 2024, Ch. 483, Sec. 4. (SB 1453) Effective January 1, 2025.)
  121. 1632.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The department must review and certify the Western Regional Examining Board examination before Section 1632(c)(1) is implemented, and the Dental Board of California must report pass-rate comparisons at its next sunset review.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 Western Regional Examining Board examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards. If the department determines that the examination process fails to meet those standards, paragraph (1) of subdivision (c) of Section 1632 shall not be implemented. (b) The Western Regional Examining Board examination process shall be regularly reviewed by the department pursuant to Section 139. (c) The Western Regional Examining Board examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code. (d) As part of its next scheduled sunset review by the appropriate committees of the Legislature, the Dental Board of California shall report to that committee and the department on the pass rates of applicants who sat for the Western Regional Examining Board examination, compared with the pass rates of applicants who sat for the state clinical and written examination administered by the Dental Board of California. This report shall be a component of the evaluation of the examination process that is based on psychometrically sound principles for establishing minimum qualifications and levels of competency. (Amended by Stats. 2024, Ch. 483, Sec. 6. (SB 1453) Effective January 1, 2025.)
  122. 1632.55.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    This section requires state review and certification of a dental examination before it can be used for licensure, and bars earlier exam results from licensure use.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 American Board of Dental Examiners, Inc. examination to ensure compliance with the requirements of Section 139 and to certify that the examination process meets those standards, and deliver this review to the Dental Board of California. If the department determines that the examination process fails to meet those standards, does not deliver the review to the Dental Board of California, or if the American Board of Dental Examiners, Inc. fails to pay the costs and expenses the board incurs, as described in subdivision (d), paragraph (2) of subdivision (c) of Section 1632 shall not be implemented. (b) The American Board of Dental Examiners, Inc. examination process shall be regularly reviewed by the department pursuant to Section 139. (c) The American Board of Dental Examiners, Inc. examination shall meet the mandates of subdivision (a) of Section 12944 of the Government Code. (d) The American Board of Dental Examiners, Inc. shall pay all reasonable costs and expenses the board incurs for the purposes of implementing this section. (e) The American Board of Dental Examiners, Inc. examination may only be accepted for licensure by a candidate after it is determined that the examination has met the requirements of this section. Examinations taken prior to that date may not be used for licensure. (Amended by Stats. 2024, Ch. 483, Sec. 7. (SB 1453) Effective January 1, 2025.)
  123. 1632.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board must review and certify the portfolio examination for compliance, and report its findings by December 1, 2016.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 compliance with the requirements of Section 139 and to certify that the portfolio examination process meets those requirements. If the board determines that the portfolio examination fails to meet those requirements, paragraph (1) of subdivision (c) of Section 1632 shall cease to be implemented and the portfolio examination will no longer be an option for applicants. The board’s review and certification or determination shall be completed and submitted to the Legislature and the department by December 1, 2016. (b) A report to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (c) This section shall become inoperative on December 1, 2020, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2010, Ch. 446, Sec. 5. (AB 1524) Effective January 1, 2011. Inoperative December 1, 2020, by its own provisions.)
  124. 1632.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The Department of Finance may accept funds for reviewing and analyzing a dental examination developed by the American Board of Dental Examiners, Inc.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 examination developed by the American Board of Dental Examiners, Inc., as described in Section 1632.55. (Added by Stats. 2016, Ch. 572, Sec. 3. (AB 2331) Effective January 1, 2017.)
  125. 1633.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Some license applicants are exempt from reexamination on a subject if they score 85% or more in that subject, but applicants who fail the exam three times must complete 50 hours of education before reexamination and provide proof to the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 that subject in subsequent examinations before the board within two years after the examination on which the applicant received the exemption. (b) Notwithstanding Section 135, an applicant who fails to pass the examination required by Section 1632 after three attempts shall not be eligible for further reexamination until the applicant has successfully completed a minimum of 50 hours of education for each subject which the applicant failed in the applicant’s last unsuccessful examination. The coursework shall be taken at a dental school approved by either the Commission on Dental Accreditation or a comparable organization approved by the board, and shall be completed within a period of one year from the date of notification of the applicant’s third failure. (c) The coursework described in subdivision (b) shall be required once for every three unsuccessful examination attempts. When the applicant applies for reexamination, the applicant shall furnish proof satisfactory to the board that the applicant has successfully completed the requirements of this section. (Amended by Stats. 2019, Ch. 865, Sec. 33. (AB 1519) Effective January 1, 2020.)
  126. 1634.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    If a person passes the examination, the board must register them as a licensed dentist and grant a California dentistry license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 granted by the board a license to practice dentistry in the State of California. (Amended by Stats. 1973, Ch. 319.)
  127. 1634.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board may grant a dentistry license if the applicant submits the required application materials, education and exam evidence, and proof of no disqualifying exam failure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 completed application form and all fees required by the board. (b) Satisfactory evidence of having graduated from a dental school approved by a national accrediting body approved by the board or by the Commission on Dental Accreditation of the American Dental Association. (c) Satisfactory evidence of having completed a clinically based advanced education program in general dentistry or an advanced education program in general practice residency that is, at minimum, one year in duration and is accredited by either the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board. The advanced education program shall include a certification of clinical residency program completion approved by the board, to be completed upon the resident’s successful completion of the program in order to evaluate the resident’s competence to practice dentistry in the state. The certification shall be within two years prior to the date of the resident’s application for a license under this section. Completion of the program shall be within two years prior to the date of their application for a license under this section. (d) Satisfactory evidence of having successfully completed the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations. (e) Satisfactory evidence of having successfully completed an examination in California law and ethics. (f) Proof that the applicant has not failed a state, regional, or national examination for licensure to practice dentistry under this chapter within five years prior to the date of the application for a license under this chapter. If the applicant subsequently passed the examination for licensure, the prior failure shall not make the applicant ineligible under this subdivision. (Amended by Stats. 2024, Ch. 483, Sec. 8. (SB 1453) Effective January 1, 2025.)
  128. 1634.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    This section requires review of certain advanced education program compliance, sets requirements for those programs and their certification forms, and requires the board to report complaint information and adopt emergency regulations by January 1, 2008.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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. (b) An advanced education program described in subdivision (c) of Section 1634.1 shall meet the requirements of subdivision (a) of Section 12944 of the Government Code. (c) The clinical residency program completion certification required by subdivision (c) of Section 1634.1 shall include a list of core competencies commensurate to those found in the board’s examinations. The board, together with the department’s Office of Professional Examination Services, shall ensure the alignment of the competencies stated in the clinical residency program completion certification with the board’s current occupational analysis. The board shall implement use of the clinical residency program completion certification form and use of the core competency list through the adoption of emergency regulations by January 1, 2008. (d) As part of its next scheduled review after January 1, 2007, by the Joint Committee on Boards, Commissions and Consumer Protection, the board shall report to that committee and to the department the number of complaints received for those dentists who have obtained licensure by passing the state clinical examination and for those dentists who have obtained licensure through an advanced education program. The report shall also contain tracking information on these complaints and their disposition. This report shall be a component of the evaluation of the examination process that is based on psychometrically sound principles for establishing minimum qualifications and levels of competency. (Amended by Stats. 2009, Ch. 307, Sec. 6. (SB 821) Effective January 1, 2010.)
  129. 1635.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    The board may grant a dentistry license without an exam to an out-of-state applicant who submits the required proof, fees, releases, education, and practice documentation.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 applicant submits all of the following to the board: (1) A completed application form and all fees required by the board. (2) Proof of an active and unrestricted license issued by another state, district, or territory of the United States to practice dentistry that is not subject to any current or pending disciplinary action such as revocation, suspension, or probation. (3) Proof that the applicant has either been in active clinical practice in another state, district, or territory of the United States, has been engaged in full-time nonclinical practice requiring an active dentist’s license for federal, state, or local public health programs in another state, district, or territory of the United States for at least five years immediately preceding the application, or has been a full-time faculty member in an accredited dental education program and in active clinical practice for a total of at least 5,000 hours within the past five years immediately preceding the date of the application under this section. The clinical practice requirement may be met by submitting documentation of any of the following: (A) If the applicant has completed a residency training program accredited by the American Dental Association Commission on Dental Accreditation, including, but not limited to, a general practice residency, an advanced education in general dentistry program, or a training program in a specialty recognized by the American Dental Association, the applicant may receive credit of 1,000 hours for each year, up to 2,000 hours, of clinical practice completed in the residency training program. (B) The applicant agrees to practice dentistry full time for a minimum of 32 hours per week for two years in at least one primary care clinic licensed under subdivision (a) of Section 1204 of the Health and Safety Code or primary care clinic exempt from licensure pursuant to subdivision (c) of Section 1206 of the Health and Safety Code, or a clinic owned or operated by a public hospital or health system, or a clinic owned and operated by a hospital that maintains the primary contract with a county government to fill the county’s role under Section 17000 of the Welfare and Institutions Code. The applicant shall submit written documentation, executed by the authorized agent of the clinic, verifying compliance with this requirement. The board may periodically request verification of compliance with these requirements. (C) The applicant agrees to teach or practice dentistry in California for a minimum average of 40 hours per week for two years in at least one accredited dental education program approved by the board. The applicant shall submit written documentation, executed by the authorized agent of the program, verifying compliance with this requirement. The board may periodically request verification of compliance with these requirements. (4) Proof that the applicant has not been subject to disciplinary action by any state in which the applicant is or has been previously licensed to practice dentistry. If the applicant has been subject to disciplinary action, the board shall review that action to determine if it presents sufficient evidence of a violation of Article 4 (commencing with Section 1670) to warrant the submission of additional information from the applicant or the denial of the application for licensure. (5) A signed release allowing the disclosure of information from the National Practitioner Data Bank and the verification of registration status with the federal Drug Enforcement Administration. The board shall review this information to determine if it presents sufficient evidence of a violation of Article 4 (commencing with Section 1670) to warrant the submission of additional information from the applicant or the denial of the application for licensure. (6) Proof that the applicant has not failed a state, regional, or national examination for licensure to practice dentistry under this chapter within five years prior to the date of the application for a license under this section. If the applicant subsequently passed the examination for licensure, the prior failure shall not make the applicant ineligible under this paragraph. (7) An acknowledgment by the applicant executed under penalty of perjury and automatic forfeiture of license, of the following: (A) That the information provided by the applicant to the board is true and correct, to the best of their knowledge and belief. (B) That the applicant has not been convicted of an offense involving conduct that would violate Section 810. (8) Documentation of 50 units of continuing education completed within two years of the date of the application under this section. The continuing education shall include the mandatory coursework prescribed by the board pursuant to subdivision (b) of Section 1645. (9) Any other information as specified by the board to the extent it is required of applicants for licensure by examination under this article. (b) The board shall provide in the application packet to each out-of-state dentist pursuant to this section the following information: (1) The location of dental personnel shortage areas that exist in the state. (2) Those not-for-profit clinics and public hospitals seeking to contract with licensees for dental services. (c) (1) The board shall review the impact of this section on the availability of dentists in California and report to the appropriate policy and fiscal committees of the Legislature by January 1, 2008. The report shall include a separate section providing data specific to those dentists who intend to fulfill the alternative clinical practice requirements of subparagraph (B) of paragraph (3) of subdivision (a). The report shall include, but not be limited to, all of the following: (A) The total number of applicants from other states who have sought licensure. (B) The number of dentists from other states licensed pursuant to this section, as well as the number of licenses not granted and the reasons why each license was not granted. (C) The location of the practice of dentists licensed pursuant to this section. (D) The number of dentists licensed pursuant to this section who establish a practice in a rural area or in an area designated as having a shortage of practicing dentists or no dentists at all. (E) The length of time dentists licensed pursuant to this section maintained their practice in the reported location. This information shall be reported separately for dentists described in subparagraphs (C) and (D). (2) In identifying a dentist’s location of practice, the board shall use medical service study areas or other appropriate geographic descriptions for regions of the state. (3) If appropriate, the board may report the information required by paragraph (1) separately for primary care dentists and specialists. (d) The board is authorized to contract with a third party or parties to review applications filed under this section and to advise the board as to whether the applications are complete. The contracting party, its agents, and its employees shall agree to be bound by all provisions of law applicable to the board, its members, and staff, governing custody and confidentiality of materials submitted by applicants for licensure. (e) The board may issue a temporary, restricted license, valid for two years, to an applicant qualified under subparagraph (B) or (C) of paragraph (3) of subdivision (a), that authorizes the holder to practice dentistry only in the facilities described in subparagraph (B) of paragraph (3) of subdivision (a) or only to practice or teach dentistry at the accredited dental education programs described in subparagraph (C) of paragraph (3) of subdivision (a). The board shall immediately revoke the temporary license issued pursuant to this subdivision upon a finding that the requirements of subparagraph (B) or (C) of paragraph (3) of subdivision (a), as applicable, have not been met. Upon revocation of the license, the board shall issue a notice of revocation that shall require the licensee to immediately cease dental practice. Upon the licensee’s completion of the license requirements under this section and the expiration of the two-year term, all location restrictions on the license shall be removed and an unrestricted license shall be issued. (f) Notwithstanding any other provision of law, a holder of a license issued by the board before January 1, 2006, under this section who committed to complete the remainder of the five years of clinical practice requirement by a contract either to practice dentistry in a facility described in subparagraph (B) of paragraph (3) of subdivision (a) or to teach or practice dentistry in an accredited dental education program approved by the board pursuant to subparagraph (C) of paragraph (3) of subdivision (a) shall be required to complete only two years of service under the contract in order to fulfill the obligation under this section. Upon the expiration of that two-year term, all location restrictions on the license shall be removed and the holder is authorized to practice dentistry in accordance with this chapter in any allowable setting in the state. (g) A license issued pursuant to this section shall be considered a valid, unrestricted license for purposes of Section 1972. (Amended by Stats. 2024, Ch. 483, Sec. 9. (SB 1453) Effective January 1, 2025.)
  130. 1635.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Licensed persons under Section 1635.5 must complete board-established continuing education requirements before their license can be renewed.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 before his or her license is eligible to be renewed in accordance with this chapter. (Added by Stats. 2004, Ch. 464, Sec. 3. Effective January 1, 2005.)
  131. 1636.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Foreign dental schools seeking approval must complete a required accreditation process, and graduates of approved programs at graduation may be eligible for licensure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 accredited institutions in the United States and that adequately prepares the students for the practice of dentistry shall be subject to the same licensure requirements as graduates of approved dental schools or colleges. It is the purpose of this section to provide for the evaluation of foreign dental schools and the approval of those foreign dental schools that provide an education that is equivalent to that of similar accredited institutions in the United States and that adequately prepare their students for the practice of dentistry. (b) Beginning January 1, 2024, a school seeking approval as a foreign dental school shall be required to have successfully completed the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board. Graduates of a foreign dental school whose programs were approved at the time of graduation shall be eligible for licensure pursuant to Section 1628. (c) This section shall become operative on January 1, 2024. (Repealed (in Sec. 35) and added by Stats. 2019, Ch. 865, Sec. 36. (AB 1519) Effective January 1, 2020. Section operative January 1, 2024, by its own provisions.)
  132. 1636.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    A qualifying foreign dental school keeps approval through the specified date, and when that approval ends it must comply with Section 1636.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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, 2024, and June 30, 2026, shall maintain approval through that date. Upon expiration of the approval, the foreign dental school shall be required to comply with the provisions of Section 1636.4. (Added by Stats. 2021, Ch. 367, Sec. 3. (SB 607) Effective January 1, 2022.)
  133. 1636.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. )

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    Some foreign dental school graduates may be eligible for licensure if their program was board-approved in the stated period and they enrolled before January 1, 2020.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2. Admission and Practice [1625 - 1636.6] ( Article 2 added by Stats. 1937, Ch. 415. ) ## 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 January 1, 2024, and who enrolled in the program prior to January 1, 2020, shall be eligible for licensure pursuant to Section 1628. (Added by Stats. 2021, Ch. 367, Sec. 4. (SB 607) Effective January 1, 2022.)
  134. 1638.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

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    This section defines oral and maxillofacial surgery and lets certain licensed physicians and surgeons apply for an oral and maxillofacial surgery permit from the board.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 1638. (a) For purposes of this article, “oral and maxillofacial surgery” means the diagnosis and surgical and adjunctive treatment of diseases, injuries, and defects which involve both functional and esthetic aspects of the hard and soft tissues of the oral and maxillofacial region. (b) Any person licensed under the Medical Practice Act (Chapter 5 (commencing with Section 2000)) as a physician and surgeon who possesses, or possessed, a license to practice dentistry in another state, but is not licensed to practice dentistry under this chapter may apply to the board on a form prescribed by the board for an oral and maxillofacial surgery permit. (c) The board may issue an oral and maxillofacial surgery permit to an applicant who has furnished evidence satisfactory to the board that he or she is currently certified or eligible for certification in oral and maxillofacial surgery by a specialty board recognized by the Commission on Accreditation of the American Dental Association and holds a current license in good standing to practice medicine in the state. (d) An application shall be accompanied by an application fee required by the board and two classifiable sets of fingerprints on forms provided by the board. (Amended by Stats. 2015, Ch. 510, Sec. 7. (AB 179) Effective January 1, 2016.)
  135. 1638.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

    Verify source ↗

    Dentists need a current license in good standing plus the special permit to perform elective facial cosmetic surgery, and the board controls permit issuance and renewal.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 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 procedures authorized by this section. (b) The board may issue an elective facial cosmetic surgery permit to perform one of the following categories of elective facial cosmetic surgical procedures: (1) Cosmetic contouring of the osteocartilaginous facial structure, which may include, but is not limited to, rhinoplasty and otoplasty. (2) Cosmetic contouring or rejuvenation of the facial soft tissue, which may include, but is not limited to, facelift, blepharoplasty, facial skin resurfacing, or lip augmentation. (3) Procedures under both paragraphs (1) and (2). (c) A licensee who desires to perform elective facial cosmetic surgery shall apply to the board on an application form prescribed by the board and submit all of the following: (1) Proof of successful completion of an oral and maxillofacial surgery residency program accredited by the Commission on Dental Accreditation of the American Dental Association. (2) Proof that the licensee has satisfied all of the criteria specified in either subparagraph (A) or (B): (A) (i) The licensee is certified, or is a candidate for certification, by the American Board of Oral and Maxillofacial Surgery. (ii) A letter from the program director of the accredited residency program, or from the director of a postresidency fellowship program accredited by the Commission on Dental Accreditation of the American Dental Association, stating that the licensee has the education, training, and competence necessary to perform the surgical procedures set forth in paragraph (1), (2), or (3) of subdivision (b) that the licensee has notified the board the licensee intends to perform. (iii) Documentation of at least 10 operative reports from residency training or proctored surgical procedures performed at minimum in the role of surgical first assistant within five years from the date of application for each category of permit set forth in paragraph (1) or (2) of subdivision (b) for which the licensee seeks a permit. If the licensee seeks a permit set forth in paragraph (3) of subdivision (b), the licensee shall submit 10 operative reports for each category specified in paragraphs (1) and (2) of subdivision (b). Each operative report shall indicate all of the following: (I) Name of the licensee. (II) Category of procedure and specific type of procedure performed. (III) Date of the procedure. (IV) The role in which the licensee participated in the procedure. (iv) Documentation showing the surgical privileges the licensee possesses at any licensed general acute care hospital and any licensed outpatient surgical facility in this state. (B) (i) The licensee has been granted privileges by the medical staff at a licensed general acute care hospital to perform the surgical procedures set forth in paragraphs (1) to (3), inclusive, of subdivision (b) at that hospital. (ii) Documentation described in clause (iii) of subparagraph (A). (3) Proof that the licensee is on active status on the staff of a general acute care hospital and maintains the necessary privileges based on the bylaws of the hospital to maintain that status. (d) The application shall be accompanied by an application fee required by the board for an initial permit. The fee to renew a permit shall not exceed the maximum amount prescribed in Section 1724. (e) (1) The board shall appoint a credentialing committee to review the qualifications of each applicant for a permit. Upon completion of the review of an applicant, the committee shall make a recommendation to the board on whether to issue or not issue a permit to the applicant. The permit may be unqualified, entitling the permitholder to perform any facial cosmetic surgical procedure authorized by this section, or it may contain limitations if the credentialing committee is not satisfied that the applicant has the training or competence to perform certain classes of procedures, or if the applicant has not requested to be permitted for all procedures authorized by this section. (2) The credentialing committee shall be comprised of five members, as follows: (A) A physician and surgeon with a specialty in plastic and reconstructive surgery who maintains active status on the staff of a licensed general acute care hospital in this state. (B) A physician and surgeon with a specialty in otolaryngology who maintains active status on the staff of a licensed general acute care hospital in this state. (C) Three oral and maxillofacial surgeons licensed by the board who are board certified by the American Board of Oral and Maxillofacial Surgeons, and who maintain active status on the staff of a licensed general acute care hospital in this state, at least one of whom shall be licensed as a physician and surgeon in this state. Two years after the effective date of this section, any oral and maxillofacial surgeon appointed to the committee who is not licensed as a physician and surgeon shall hold a permit pursuant to this section. (3) The board shall solicit from the following organizations input and recommendations regarding members to be appointed to the credentialing committee: (A) The Medical Board of California. (B) The California Dental Association. (C) The California Association of Oral and Maxillofacial Surgeons. (D) The California Medical Association. (E) The California Society of Plastic Surgeons. (F) Any other source that the board deems appropriate. (4) The credentialing committee shall meet at a time and place directed by the board to evaluate applicants for permits. A quorum of three members shall be required for the committee to consider applicants and make recommendations to the board. (f) The board may adopt regulations for the issuance of the permit that it deems necessary to protect the health, safety, and welfare of the public. (g) A licensee may not perform any elective, facial cosmetic surgical procedure except at a general acute care hospital, a licensed outpatient surgical facility, or an outpatient surgical facility accredited by the Joint Commission, the Accreditation Association for Ambulatory Health Care (AAAHC), the Medicare Program, or an accreditation agency approved by the Medical Board of California pursuant to subdivision (g) of Section 1248.1 of the Health and Safety Code. (h) For purposes of this section, the following terms shall have the following meanings: (1) “Elective cosmetic surgery” means any procedure defined as cosmetic surgery in subdivision (d) of Section 1367.63 of the Health and Safety Code, and excludes any procedure that constitutes reconstructive surgery, as defined in subdivision (c) of Section 1367.63 of the Health and Safety Code. (2) “Facial” means those regions of the human body described in Section 1625 and in any regulations adopted pursuant to that section by the board. (i) A holder of a permit issued pursuant to this section shall not perform elective facial cosmetic surgical procedures unless the permitholder has malpractice insurance or other financial security protection that would satisfy the requirements of Section 2216.2 and any regulations adopted thereunder. (j) A holder of a permit shall comply with the requirements of subparagraph (D) of paragraph (2) of subdivision (a) of Section 1248.15 of the Health and Safety Code, and the reporting requirements specified in Section 2240, with respect to any surgical procedure authorized by this section, in the same manner as a physician and surgeon. (k) Any violation of this section constitutes unprofessional conduct and is grounds for the revocation or suspension of the person’s permit, license, or both, or the person may be reprimanded or placed on probation. Proceedings initiated by the board under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (l) A permit issued pursuant to this section shall be valid for a period of two years and must be renewed by the permitholder at the time the dentist license is renewed. (m) A permitholder shall be required to complete 24 hours of approved courses of study related to elective cosmetic surgery as a condition of renewal of a permit. Those courses of study shall be credited toward the total continuing education hours required by the board pursuant to Section 1645. (n) Permits issued prior to January 1, 2025, that limit the type of procedure under the general permit category provided under paragraph (1) or (2) of subdivision (b) authorized to be performed by the permitholder shall not be renewed. This subdivision shall not apply to a permit that authorized the permitholder to practice any procedure under the general permit category specified under paragraph (1) or (2) of subdivision (b). The permitholder who seeks to continue performing the procedure previously limited by the permit shall submit an application to the board for issuance of a new permit under paragraphs (1) to (3), inclusive, of subdivision (b) and the board may request the permitholder to submit additional documentation demonstrating the permitholder’s competency for issuance of such permit. The application shall be treated as a renewal application for purposes of subdivision (m) of Section 1724. (o) On or before January 1, 2025, and every four years thereafter, the board shall report to the appropriate committees of the Legislature on all of the following: (1) The number of persons licensed pursuant to Section 1634 who apply to receive a permit to perform elective facial cosmetic surgery from the board pursuant to this section. (2) The number of persons receiving a permit from the board to perform elective facial cosmetic surgery. (3) The number of complaints filed by or on behalf of patients who have received elective facial cosmetic surgery by persons who have received a permit from the board to perform elective facial cosmetic surgery. (4) Action taken by the board resulting from complaints filed by or on behalf of patients who have received elective facial cosmetic surgery by persons who have received a permit from the board to perform elective facial cosmetic surgery. (p) As used in this section, “good standing” means the license is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding. (Amended by Stats. 2024, Ch. 483, Sec. 10. (SB 1453) Effective January 1, 2025.)
  136. 1638.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

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    A licensed person with the required permit may not perform elective facial cosmetic surgery unless the patient has had a qualifying physical examination and written clearance within 30 days before the procedure and is up to date on the day of surgery.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 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 issued pursuant to this article may not perform elective facial cosmetic surgery on a patient, unless the patient has received, within 30 days prior to the elective facial cosmetic surgery procedure, and confirmed as up-to-date on the day of the procedure, an appropriate physical examination by, and written clearance for the procedure from, either of the following: (1) A licensed physician and surgeon. (2) A person licensed pursuant to Section 1634 who holds a permit to perform elective facial cosmetic surgery issued pursuant to this article. (b) The physical examination described in subdivision (a) shall include the taking of an appropriate medical history. (c) An appropriate medical history and physical examination done on the day of the procedure shall be presumed to be in compliance with subdivisions (a) and (b). (d) A violation of this section shall not constitute a crime. (Added by Stats. 2009, Ch. 509, Sec. 2. (AB 1116) Effective January 1, 2010.)
  137. 1638.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

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    The renewal fee for an oral and maxillofacial surgery permit is set by Section 1724, and special-permit holders are subject to the chapter’s provisions that apply to licensed dentists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 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 a person licensed to practice dentistry shall apply to a person to whom a special permit is issued under this article. (Amended by Stats. 2015, Ch. 510, Sec. 9. (AB 179) Effective January 1, 2016.)
  138. 1638.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

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    An oral and maxillofacial surgery permit is automatically suspended whenever the permit holder does not have a current valid California license to practice medicine.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 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 license to practice medicine in this state. (Added by Stats. 1991, Ch. 629, Sec. 1.)
  139. 1638.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. )

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    The next occupational analysis must include a survey of oral and maxillofacial surgeons’ training and practices, and a report must then be made to the Joint Committee on Boards, Commissions, and Consumer Protection.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.4. Oral and Maxillofacial Surgery [1638 - 1638.7] ( Article 2.4 added by Stats. 1991, Ch. 629, Sec. 1. ) ## 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 and practices of oral and maxillofacial surgeons and, upon completion of that analysis, a report shall be made to the Joint Committee on Boards, Commissions, and Consumer Protection regarding the findings. (Amended by Stats. 2004, Ch. 33, Sec. 18. Effective April 13, 2004.)
  140. 164.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    The director must decide the form and content of department-issued licenses, certificates, permits, and similar authority documents, after consulting and considering the agency’s views.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 164. The form and content of any license, certificate, permit, or similar indicia of authority issued by any agency in the department, including any document evidencing renewal of a license, certificate, permit, or similar indicia of authority, shall be determined by the director after consultation with and consideration of the views of the agency concerned. (Amended by Stats. 1987, Ch. 850, Sec. 6.)
  141. 1640.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. )

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    A person who meets the listed eligibility requirements may apply for a special permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. ) ## 1640. Any person meeting all the following eligibility requirements may apply for a special permit: (a) Furnishing satisfactory evidence of having a pending contract with a California dental college approved by the board as a full-time professor, an associate professor, or an assistant professor. (b) Furnishing satisfactory evidence of having graduated from a dental college approved by the board, or of having completed an advanced education program accredited by either the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board. (c) Furnishing satisfactory evidence of having been certified as a diplomate of a specialty board or, in lieu thereof, establishing his or her qualifications to take a specialty board examination or furnishing satisfactory evidence of having completed an advanced educational program in a discipline from a dental college approved by the board. (d) Furnishing satisfactory evidence of successfully completing an examination in California law and ethics developed and administered by the board. (e) Paying a fee for applications as provided by this chapter. (Amended by Stats. 2012, Ch. 799, Sec. 2. (SB 1575) Effective January 1, 2013.)
  142. 1640.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. )

    Verify source ↗

    This section defines “Specialty,” “Discipline,” and “Dental college approved by the board” for this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. ) ## 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 and recognized by the board. (b) “Discipline” means an advanced dental educational program in an area of dental practice not approved as a specialty by the American Dental Association; but offered from a dental college approved by the board. (c) “Dental college approved by the board” means a dental school or college that is approved by the Commission on Dental Accreditation of the American Dental Association, that is accredited by a body that has a reciprocal accreditation agreement with that commission, or that has been approved by the Dental Board of California through its own approval process. (Amended by Stats. 2015, Ch. 426, Sec. 8. (SB 800) Effective January 1, 2016.)
  143. 1640.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. )

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    The board must cap special permits at a manageable number, allow certain long-term permit holders to take part-time contracts with approved California dental colleges if they notify the board and submit a pending contract, and a special permit holder may practice no more than one day per week in the school’s faculty practice.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. ) ## 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 by the board. (b) The board shall allow a person who has held a special permit for at least the seven preceding years to enter into a part-time contract with a California dental college approved by the board, provided that the person notifies the board of this change and provides the board with a pending employment contract for part-time employment with a California dental college approved by the board. (c) A holder of a special permit shall practice no more than one day per week in the school’s faculty practice. (Amended by Stats. 2005, Ch. 534, Sec. 2. Effective January 1, 2006.)
  144. 1640.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. )

    Verify source ↗

    The board may issue a special permit to a dentist who does not meet Section 1640 eligibility rules if the dentist provides the required evidence and the application fee is paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. ) ## 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 compliance with the following requirements to the board: (a) A dentist shall satisfy either of the following conditions: (1) The dentist’s expertise or skill is in a specialty area of dental practice approved by the American Dental Association and recognized by the board, and the board has received verification, in writing, from the dean of the dental school where a contract is pending, that the addition of this dentist to the faculty will benefit the students and the dental program. (2) Verification, in writing, from the dean of the dental school where a contract is pending, that the addition of this general dentist to the faculty will benefit the students and the dental program. (b) A complete transcript of academic and clinical dental school records of the applicant is provided to the board. (c) A legible, true copy of the dental diploma or dental degree conferred upon the applicant is provided to the board. (d) A copy of the applicant’s valid dental license is provided to the board. (e) Satisfactory evidence of possessing a pending contract with a California dental college approved by the board as a full-time professor, associate professor, or as an assistant professor. (f) Satisfactory evidence that the applicant’s credentials were presented to the school’s faculty credentialing committee or similar faculty review committee and the dean of the dental school provides written acknowledgment that the applicant is an essential addition to the school’s faculty and strongly recommends to the dean that the applicant be offered an employment contract. (g) The number of special permits issued by the board under paragraph (1) of subdivision (a) is no more than five permits per dental school. The number of special permits issued by the board under paragraph (2) of subdivision (a) is no more than five permits per dental school. (h) The board is furnished with satisfactory evidence that the applicant has successfully completed an examination in California law and ethics developed and administered by the board. (i) A fee for the application is paid as provided by this chapter. (Added by Stats. 2005, Ch. 534, Sec. 3. Effective January 1, 2006.)
  145. 1642.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. )

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    A special permit holder may practice in a board-approved dental college setting, but must file the employment contract with the board, stay employed in a qualifying professor role, and accept annual renewal and possible automatic revocation if employment ends.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.5. Special Permits [1640 - 1642] ( Article 2.5 added by Stats. 1970, Ch. 928. ) ## 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 she is employed and its affiliated institutions as approved by the board on the following terms and conditions: (a) The special permitholder shall file a copy of his or her employment contract with the board. The contract shall contain the following provision: That the holder understands and acknowledges that when his or her full-time or part-time employment is terminated at the dental college, his or her special permit will be automatically revoked and that he or she will voluntarily surrender the permit to the board and will no longer be eligible to practice unless or until he or she has successfully passed the required licensure examination as provided in Article 2 (commencing with Section 1625). (b) The holder shall be employed as a full-time or part-time professor, an associate professor, or as an assistant professor at a California dental college approved by the board. “Full-time employment” as used in this section means a minimum of four days per week. “Part-time employment” as used in this section, means a maximum of three days a week. (c) The holder shall be subject to all the provisions of this chapter applicable to licensed dentists with the exception that the special permit shall be renewed annually. (Amended by Stats. 2005, Ch. 534, Sec. 5. Effective January 1, 2006.)
  146. 1645.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. )

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    License holders in this chapter must keep completing continuing education to renew their licenses, and the board may impose specific coursework and suspend licenses for noncompliance.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. ) ## 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 obtain evidence satisfactory to the board that they have, during the preceding two-year period, obtained continuing education relevant to developments in the practice of dentistry and dental assisting consistent with regulations established by the board. (2) The board shall adopt regulations providing for the suspension of the licenses at the end of the two-year period until compliance with this section is accomplished. (b) The board may also, as a condition of license renewal, require licensees to successfully complete a portion of the required continuing education hours in specific areas adopted in regulations by the board. The board may prescribe this mandatory coursework within the general areas of patient care, health and safety, law and ethics, and the risks of addiction associated with the use of Schedule II drugs. The mandatory coursework prescribed by the board shall not exceed 15 hours per renewal period for dentists, and 7.5 hours per renewal period for dental auxiliaries. Any mandatory coursework required by the board shall be credited toward the continuing education requirements established by the board pursuant to subdivision (a). (c) For a retired dentist who provides only uncompensated care, the board shall not require more than 60 percent of the hours of continuing education that are required of other licensed dentists. Notwithstanding subdivision (b), all of the hours of continuing education as described in this subdivision shall be gained through courses related to the actual delivery of dental services to the patient or the community, as determined by the board. Nothing in this subdivision shall be construed to reduce any requirements imposed by the board pursuant to subdivision (b). (d) Satisfactory completion of courses in the following subjects shall count as continuing education in courses in the actual delivery of dental services to the patient or the community: (1) Licensee mental health and wellness and its impact on the delivery of dental services. (2) Diversity, equity, and inclusion and its impact on the delivery of dental services. (Amended by Stats. 2024, Ch. 483, Sec. 11. (SB 1453) Effective January 1, 2025.)
  147. 1645.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. )

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    Applicants for registered dental assistant licensure must prove they completed specified board-approved courses; failure to comply can suspend the license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. ) ## 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 infection control, the Dental Practice Act, basic life support, radiation safety and coronal polishing. The length and content of the courses shall be governed by applicable board regulations. Failure to comply with this section shall result in automatic suspension of the license, which shall be reinstated upon the receipt of evidence that the licensee has successfully completed the required courses. Completion of the courses may be counted toward fulfillment of the continuing education requirements governed by Section 1645. (b) The holder of an inactive registered dental assistant license is only required to comply with subdivision (a) as a condition of returning the holder’s license to active status. (Amended by Stats. 2019, Ch. 865, Sec. 39. (AB 1519) Effective January 1, 2020.)
  148. 1645.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. )

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    Certain vaccine training programs count toward the continuing education requirements for dentists and registered dental hygienists.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.6. Continuing Education [1645 - 1645.2] ( Article 2.6 added by Stats. 1975, Ch. 872. ) ## 1645.2. Any vaccine training program provided through the federal Centers for Disease Control and Prevention or the California Pharmacists Association, including courses that were completed by a licensed dentist or a registered dental hygienist on or after January 4, 2021, pursuant to the Department of Consumer Affairs public health emergency order DCA-20-104, DCA-21-111, DCA-21-113, or any subsequent waivers that supersede these waivers, and Section 1625.6 shall count toward the fulfillment of the continuing education requirements governed by Sections 1645 and 1936.1. (Added by Stats. 2021, Ch. 653, Sec. 3. (AB 526) Effective October 8, 2021.)
  149. 1645.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.7. Licensed Dentists from Mexico Pilot Program [1645.4- 1645.4.] ( Article 2.7 added by Stats. 2024, Ch. 246, Sec. 3. )

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    This section creates a pilot program for dentists from Mexico and requires the board to issue qualifying dentists a three-year nonrenewable permit, subject to the section’s conditions.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.7. Licensed Dentists from Mexico Pilot Program [1645.4- 1645.4.] ( Article 2.7 added by Stats. 2024, Ch. 246, Sec. 3. ) ## 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 from Mexico Pilot Program. (b) The Licensed Dentists from Mexico Pilot Program is hereby created. (c) (1) This program continues the dentist component of the Licensed Physicians and Dentists Pilot Program, as established in former Section 853, which authorized no more than 30 dentists from Mexico to practice dentistry in California for a period not to exceed three years. (2) The program shall also maintain an alternate list of program participants. (d) The board shall issue a three-year nonrenewable permit to practice dentistry to each dentist from Mexico who meets the criteria set forth in this section. (e) (1) Each dentist from Mexico who is eligible to participate in this program shall comply with the requirements specified in subparagraphs (A) to (C), inclusive, or the requirements contained in paragraph (2): (A) Be a graduate from the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontología). (B) Meet all criteria required for licensure in Mexico that is required and being applied by the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontología), including, but not limited to: (i) A minimum grade point average. (ii) A specified English language comprehension and conversational level. (iii) Passage of a general examination. (iv) Passage of an oral interview. (C) Enroll and complete an orientation program that focuses on the following: (i) Practical issues in pharmacology that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (ii) Practical issues and diagnosis in oral pathology that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (iii) Clinical applications that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (iv) Biomedical sciences that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (v) Clinical history management that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (vi) Special patient care that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (vii) Sedation techniques that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (viii) Infection control guidelines that shall be taught by an instructor who is affiliated with a California dental school approved by the board. (ix) Introduction to health care systems in California. (x) Introduction to community clinic operations. (2) (A) Graduate within the three-year period before enrollment in the program, from a foreign dental school that has received provisional approval or certification by November 2003 from the board under the Foreign Dental School Approval Program. (B) Enroll and satisfactorily complete an orientation program that focuses on the health care system and community clinic operations in California. (C) Enroll and satisfactorily complete a course taught by an approved foreign dental school on infection control approved by the board. (3) Upon satisfactory completion to a competency level of the requirements in paragraph (1) or (2), each dentist participating in the program shall be eligible to obtain employment in a nonprofit community health center pursuant to subdivision (f) within the structure of an extramural dental program for a period not to exceed three years. (4) Dentists participating in the program shall be required to complete the necessary continuing education units required by this chapter. (5) The program shall accept 30 participating dentists. The program shall also maintain an alternate list of program applicants. If an active program participant leaves the program for any reason, a participating dentist from the alternate list shall be chosen to fill the vacancy. Only active program participants shall be required to complete the orientation program specified in subparagraph (C) of paragraph (1). (6) (A) Additionally, an extramural dental facility may be identified, qualified, and approved by the board as an adjunct to, and an extension of, the clinical and laboratory departments of an approved dental school. (B) As used in this subdivision, “extramural dental facility” includes, but is not limited to, any clinical facility linked to an approved dental school for the purposes of monitoring or overseeing the work of a dentist licensed in Mexico participating in this program and that is employed by an approved dental school for instruction in dentistry that exists outside or beyond the walls, boundaries, or precincts of the primary campus of the approved dental school, and in which dental services are rendered. These facilities shall include nonprofit community health centers. (C) Dental services provided to the public in these facilities shall constitute a part of the dental education program. (D) Approved dental schools shall register extramural dental facilities with the board. This registration shall be accompanied by information supplied by the dental school pertaining to faculty supervision, scope of treatment to be rendered, arrangements for postoperative care, the name and location of the facility, the date operations shall commence at the facility, and a description of the equipment and facilities available. This information shall be supplemented with a copy of the agreement between the approved dental school and the affiliated institution establishing the contractual relationship. Any change in the information initially provided to the board shall be communicated to the board. (7) The program shall also include issues dealing with program operations, and shall be developed in consultation with representatives of community clinics, approved dental schools, or the National Autonomous University of Mexico School of Faculty Dentistry (Facultad de Odontología). (8) The board shall provide oversight review of the implementation of this program and the evaluation required pursuant to subdivision (j). The board shall consult with dental schools in California that have applied for funding to implement and evaluate this program and executive and dental directors of nonprofit community health centers wanting to employ program participants, as it conducts its oversight responsibilities of this program and evaluation. Implementation of this program may not proceed unless appropriate funding is secured from nonprofit philanthropic entities. The board shall report to the Legislature every January during which the program is operational regarding the status of the program and the ability of the program to secure the funding necessary to carry out its required provisions. Notwithstanding Section 11005 of the Government Code, the board may accept funds from nonprofit philanthropic entities. (f) Nonprofit community health centers that employ participants shall be responsible for ensuring that participants are enrolled in local English-language instruction programs and that the participants attain English-language fluency at a level that would allow the participants to serve the English-speaking patient population when necessary and have the literacy level to communicate with appropriate hospital staff when necessary. (g) For purposes of this program, the fee for a three-year nonrenewable dental permit shall be five hundred forty-eight dollars ($548). A permitholder shall practice only in the nonprofit community health center that offered the permitholder employment and the corresponding hospital. This three-year nonrenewable permit shall be deemed to be a permit in good standing pursuant to the provisions of this chapter for the purpose of participation and reimbursement in all federal, state, and local health programs. (h) The three-year nonrenewable permit shall terminate upon notice by certified mail, return receipt requested, to the permitholder’s address of record, if, in the board's sole discretion, it has determined that either: (1) The permit was issued by mistake. (2) A complaint has been received by either board against the permitholder that warrants terminating the permit pending an investigation and resolution of the complaint. (i) (1) Notwithstanding subdivisions (a) to (d), inclusive, of Section 30, the board shall issue a three-year nonrenewable permit pursuant to this section to an applicant who has not provided an individual taxpayer identification number or social security number if the board staff determines the applicant is otherwise eligible for a permit only under the program pursuant to this section, subject to the following conditions: (A) The applicant shall immediately seek both an appropriate three-year visa and the accompanying social security number from the United States government within 14 days of being issued a medical license under this section. (B) The applicant shall immediately provide to the board a social security number obtained in accordance with subparagraph (A) within 10 days of the federal government issuing the social security card related to the issued visa. (C) The applicant shall not engage in the practice of dentistry pursuant to this section until the board determines that the conditions in subparagraphs (A) and (B) have been met. (2) The board, if it determines that an applicant has met the conditions in paragraph (1), shall notify the applicant that the applicant may engage in the practice of dentistry under the permit in accordance with this section. (j) All applicable employment benefits, salary, and policies provided by nonprofit community health centers to their current employees shall be provided to medical and dental practitioners from Mexico participating in this pilot program. This shall include nonprofit community health centers providing malpractice insurance coverage. (k) Beginning 12 months after this pilot program has commenced, an evaluation of the program shall be undertaken with funds provided from philanthropic foundations. The evaluation shall be conducted by one dental school in California and either the National Autonomous University of Mexico or a foreign dental school approved by board. If the evaluation required pursuant to this section does not begin within 15 months after the pilot project has commenced, the evaluation may be performed by an independent consultant selected by the Director of Consumer Affairs. This evaluation shall include, but not be limited to, the following issues and concerns: (1) Quality of care provided by dentists under this pilot program. (2) Adaptability of these practitioners to California dental standards. (3) Impact on working and administrative environments in nonprofit community health centers and impact on interpersonal relations with medical licensed counterparts in health centers. (4) Response and approval by patients. (5) Impact on cultural and linguistic services. (6) Increases in medical encounters provided by participating practitioners to limited-English-speaking patient populations and increases in the number of limited-English-speaking patients seeking health care services from nonprofit community health centers. (7) Recommendations on whether the program should be continued, expanded, altered, or terminated. (8) Progress reports on available data listed shall be provided to the Legislature on achievable time intervals beginning in the second year of implementation of this pilot program. An interim final report shall be issued three months before termination of this pilot program. A final report shall be submitted to the Legislature at the time of termination of this pilot program on all of the above-described data. The final report shall reflect and include how other initiatives concerning the development of culturally and linguistically competent medical and dental providers within California and the United States are impacting communities in need of these health care providers. (l) Costs for administering this pilot program shall be secured from philanthropic entities. (m) Program applicants shall be responsible for working with the governments of Mexico and the United States in order to obtain the necessary three-year visa required for program participation. (Added by Stats. 2024, Ch. 246, Sec. 3. (AB 2860) Effective January 1, 2025.)
  150. 1646.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    This section defines “deep sedation,” “general anesthesia,” and “good standing” for this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 easily aroused but respond purposefully following repeated or painful stimulation. The ability to independently maintain ventilatory function may be impaired. Patients may require assistance in maintaining a patent airway, and spontaneous ventilation may be inadequate. Cardiovascular function is usually maintained. (b) “General anesthesia” means a drug-induced loss of consciousness during which patients are not arousable, even by painful stimulation. The ability to independently maintain ventilatory function is often impaired. Patients often require assistance in maintaining a patent airway, and positive pressure ventilation may be required because of depressed spontaneous ventilation or drug-induced depression of neuromuscular function. Cardiovascular function may be impaired. (c) “Good standing” means the license or permit is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding. (Amended by Stats. 2024, Ch. 483, Sec. 12. (SB 1453) Effective January 1, 2025.)
  151. 1646.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    Dentists must hold the required license and anesthesia permit, keep ACLS certification current, and meet extra presence and certification rules when using deep sedation or general anesthesia, especially for patients under 13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 order to administer or order the administration of deep sedation or general anesthesia on an outpatient basis for dental patients. (b) A dentist shall maintain current certification in Advanced Cardiac Life Support (ACLS). (c) A dentist shall possess a pediatric endorsement of their general anesthesia permit to administer or order the administration of deep sedation or general anesthesia to patients under seven years of age. (d) A dentist who administers or orders the administration of general anesthesia or deep sedation shall be physically present in the treatment facility while the patient is under general anesthesia or deep sedation. (e) For patients under 13 years of age, all of the following shall apply: (1) The operating dentist and at least two additional personnel shall be present throughout the procedure involving deep sedation or general anesthesia. (2) If the operating dentist is the permitted anesthesia provider, then both of the following shall apply: (A) The operating dentist and at least one of the additional personnel shall maintain current certification in Pediatric Advanced Life Support (PALS) or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8. The additional personnel who is certified in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management shall be solely dedicated to monitoring the patient and shall be trained to read and respond to monitoring equipment including, but not limited to, pulse oximeter, cardiac monitor, blood pressure, pulse, capnograph, and respiration monitoring devices. (B) The operating dentist shall be responsible for initiating and administering any necessary emergency response. (3) If a dedicated permitted anesthesia provider is monitoring the patient and administering deep sedation or general anesthesia, both of the following shall apply: (A) The anesthesia provider and the operating dentist, or one other trained personnel, shall be present throughout the procedure and shall maintain current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8. (B) The anesthesia provider shall be responsible for initiating and administering any necessary emergency response and the operating dentist, or other trained and designated personnel, shall assist the anesthesia provider in emergency response. (f) This article does not apply to the administration of local anesthesia, minimal sedation, or moderate sedation. (Amended by Stats. 2024, Ch. 483, Sec. 13. (SB 1453) Effective January 1, 2025.)
  152. 1646.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    A general anesthesia permit expires on the next Section 1715 date after issuance unless renewed under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 article. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  153. 1646.11.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    A general anesthesia permit holder with a permit issued before January 1, 2022 may keep following that permit until it expires. Permits issued or renewed on or after that date must comply with the article’s new requirements.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 permit issued or renewed pursuant to this article on or after January 1, 2022, shall require the permitholder to follow the new requirements of this article. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  154. 1646.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    A pediatric endorsement expires on the next Section 1715 date after it is issued, unless it is renewed under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 article. (Added by Stats. 2024, Ch. 483, Sec. 17. (SB 1453) Effective January 1, 2025.)
  155. 1646.13.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    This article becomes operative on January 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 1646.13. This article shall become operative on January 1, 2022. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019.)
  156. 1646.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    A dentist seeking to administer or order deep sedation or general anesthesia must apply to the board and meet licensing, training, fee, and equipment-documentation requirements. A pediatric endorsement has extra training and case requirements, with limited supervised practice allowed for some applicants.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 prescribed by the board. The dentist shall possess a dentist license or a permit under Section 1638 or 1640 issued by the board that is in good standing, submit an application fee and produce evidence showing that the dentist has successfully completed a minimum of one year of advanced training in anesthesiology and related academic subjects approved by the board, or equivalent training or experience approved by the board, beyond the undergraduate school level, and current certification in Advanced Cardiac Life Support (ACLS). (b) The application for a permit shall include documentation that equipment and drugs required by the board are on the premises. (c) A dentist may apply for a pediatric endorsement for the general anesthesia permit by providing proof of successful completion of all of the following: (1) A Commission on Dental Accreditation (CODA)-accredited or equivalent residency training program that provides competency in the administration of deep sedation and general anesthesia on pediatric patients. (2) At least 20 cases of deep sedation or general anesthesia to patients under seven years of age in the 24-month time period directly preceding application for a pediatric endorsement to establish competency, both at the time of initial application and at renewal. The applicant or permitholder shall maintain and be able to provide proof of these cases upon request by the board for up to three permit renewal periods. Patient records submitted to the board pursuant to this paragraph shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of the Government Code), except for disclosure pursuant to a lawfully issued subpoena or a written request from a government agency responsible for either enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant. (3) Current certification in Pediatric Advanced Life Support (PALS) or other board-approved training in pediatric life support and airway management, pursuant to Section 1601.8, for the duration of the permit. (d) Applicants for a pediatric endorsement who otherwise qualify for the pediatric endorsement but lack sufficient cases of pediatric sedation to patients under seven years of age may administer deep sedation and general anesthesia to patients under seven years of age under the direct supervision of a general anesthesia permitholder with a pediatric endorsement. The applicant may count these cases toward the 20 cases required to qualify for the applicant’s pediatric endorsement. (Amended by Stats. 2024, Ch. 483, Sec. 14. (SB 1453) Effective January 1, 2025.)
  157. 1646.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    Before deep sedation or general anesthesia is given, a physical evaluation and medical history must be taken, and the related records must be kept as required by board regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 evaluation, deep sedation, and general anesthesia records shall be maintained as required by board regulations. (Amended by Stats. 2024, Ch. 483, Sec. 15. (SB 1453) Effective January 1, 2025.)
  158. 1646.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    The board may require onsite inspections before issuing or renewing a deep sedation or general anesthesia permit, and each permitted dentist must get an inspection at least every five years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 inspection and evaluation of the licentiate and the facility, equipment, personnel, and procedures utilized by the licentiate. The permit of any dentist who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the dentist of the failure, unless within that time period the dentist has retaken and passed an onsite inspection and evaluation. Every dentist issued a permit under this article shall have an onsite inspection and evaluation at least once every five years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit. (b) The board may contract with public or private organizations or individuals expert in dental outpatient general anesthesia to perform onsite inspections and evaluations. The board may not, however, delegate its authority to issue permits or to determine the persons or facilities to be inspected. (c) It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  159. 1646.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    A permittee must complete 24 hours of approved study on deep sedation or general anesthesia to renew a permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 permit. Those courses of study shall be credited toward the total continuing education hours required by the board pursuant to Section 1645. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  160. 1646.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

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    Fees for permit applications, renewals, and onsite inspections may not exceed the amount set in Section 1724, and the board may let a contractor collect and keep the onsite inspection fee.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 shall not exceed the amount prescribed in Section 1724. (c) It is the intent of the Legislature that fees established pursuant to this section be equivalent to administrative and enforcement costs incurred by the board in carrying out this article. (d) At the discretion of the board, the fee for onsite inspection may be collected and retained by a contractor engaged pursuant to subdivision (b) of Section 1646.4. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  161. 1646.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

    Verify source ↗

    Violations of this article can lead to discipline, including suspension or revocation of permits or licenses; the board must refer physician-and-surgeon violations to the Medical Board of California.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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. The board shall issue probationary terms only for violations that do not result in bodily harm. (b) A violation of any provision of this article or Section 1682 is grounds for suspension or revocation of the physician and surgeon’s permit issued pursuant to this article by the board. The exclusive enforcement authority against a physician and surgeon by the board shall be to suspend or revoke the permit issued pursuant to this article. The board shall refer a violation of this article by a physician and surgeon to the Medical Board of California for its consideration as unprofessional conduct and further action, if deemed necessary by the Medical Board of California, pursuant to Chapter 5 (commencing with Section 2000). A suspension or revocation of a physician and surgeon’s permit by the board pursuant to this article shall not constitute a disciplinary proceeding or action for any purpose except to permit the initiation of an investigation or disciplinary action by the Medical Board of California, as authorized by Section 2220.5. (c) The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  162. 1646.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

    Verify source ↗

    This section says the chapter does not authorize a dentist to administer or directly supervise general anesthesia or deep sedation for non-dental reasons.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 for reasons other than dental treatment, as defined in Section 1625. (Added by Stats. 2018, Ch. 929, Sec. 4. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1646.13)
  163. 1646.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. )

    Verify source ↗

    A qualified physician and surgeon may administer deep sedation or general anesthesia in a dentist’s office if required licensing, permit, and training conditions are met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.75. Use of Deep Sedation and General Anesthesia [1646 - 1646.13] ( Article 2.75 added by Stats. 2018, Ch. 929, Sec. 4. ) ## 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 Section 2000) may administer deep sedation or general anesthesia in the office of a licensed dentist for dental patients, without regard to whether the dentist possesses a permit issued pursuant to this article, if all of the following conditions are met: (1) The physician and surgeon possesses an active license to practice medicine in this state. (2) The physician and surgeon holds an active general anesthesia permit issued by the Dental Board of California pursuant to subdivision (b). (3) The physician and surgeon meets the requirements of subdivision (e) of Section 1646.1. (b) A physician and surgeon who desires to administer deep sedation or general anesthesia as set forth in subdivision (a) shall possess a license issued by the Medical Board of California or the Osteopathic Medical Board of California, as applicable, that is in good standing, shall apply to the board on an application form prescribed by the board, and shall submit all of the following: (1) Certified license history issued by the Medical Board of California or Osteopathic Medical Board of California, as applicable to the applicant’s license, showing the physician and surgeon license number and current license status. (2) The payment of an application fee prescribed by this article. (3) Evidence showing that the applicant has successfully completed a postgraduate residency training program in anesthesiology that is recognized by the Accreditation Council for Graduate Medical Education. (4) Documentation demonstrating that all equipment and drugs required by the board are on the premises for use in any dental office in which the applicant administers deep sedation or general anesthesia. (5) Information relative to the current membership of the applicant on hospital medical staffs. (c) Prior to issuance or renewal of a permit pursuant to this section, the board may, at its discretion, require an onsite inspection and evaluation of the facility, equipment, personnel, including, but not limited to, the physician and surgeon, and procedures utilized. At least one of the persons evaluating the procedures utilized by the physician and surgeon shall be a licensed physician and surgeon expert in outpatient deep sedation or general anesthesia who has been authorized or retained under contract by the board for this purpose. (d) The permit of a physician and surgeon who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the physician and surgeon of the failure unless within that time period the physician and surgeon has retaken and passed an onsite inspection and evaluation. Every physician and surgeon issued a permit under this article shall have an onsite inspection and evaluation at least once every five years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit. (e) A physician and surgeon who additionally meets the requirements of paragraphs (2) and (3) of subdivision (c) of Section 1646.2 may apply to the board for a pediatric endorsement to provide deep sedation or general anesthesia to a child under seven years of age. A physician and surgeon without sufficient cases to obtain a pediatric endorsement may qualify for the endorsement pursuant to the requirements of subdivision (d) of Section 1646.2. (Amended by Stats. 2024, Ch. 483, Sec. 16. (SB 1453) Effective January 1, 2025.)
  164. 1647.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    This section states legislative findings about sedation in dental practice and why additional regulation and appropriate education standards are needed to protect patient safety.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 of anesthesia services who, pursuant to a dentist’s authorization, administer patient sedation, and that the increasing number of pharmaceuticals and techniques used to administer them for patient sedation require additional regulation to maintain patient safety in the future. (b) The Legislature further finds and declares all of the following: (1) That previous laws enacted in 1980 contained separate and distinct definitions for general anesthesia and the state of consciousness. (2) That in dental practice, there is a continuum of sedation used which cannot be adequately defined in terms of consciousness and general anesthesia. (3) That the administration of sedation through this continuum results in different states of consciousness that may or may not be predictable in every instance. (4) That in most instances, the level of sedation will result in a predictable level of consciousness during the entire time of sedation. (c) The Legislature further finds and declares that the educational standards presently required for deep sedation and general anesthesia should be required when the degree of sedation in the continuum of sedation is such that there is a reasonable possibility that loss of consciousness may result, even if unintended. However, achieving the degree of moderate sedation, where a margin of safety exists wide enough to render unintended loss of consciousness unlikely, requires educational standards appropriate to the administration of the resulting predictable level of consciousness. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  165. 1647.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    This section defines “moderate sedation” and says the drugs and techniques used for it must have enough safety margin to make unintended loss of consciousness unlikely.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 commands, either alone or accompanied by light tactile stimulation, no interventions are required to maintain a patient’s airway, spontaneous ventilation is adequate, and cardiovascular function is usually maintained. (b) The drugs and techniques used in moderate sedation shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. Further, patients whose only response is reflex withdrawal from painful stimuli shall not be considered to be in a state of moderate sedation. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  166. 1647.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    A conscious sedation permitholder with a permit issued before January 1, 2022 may keep following that permit’s terms until it expires; permits issued or renewed on or after that date must comply with this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 permit issued or renewed pursuant to this article on or after January 1, 2022, shall require the permitholder to follow the requirements of this article. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  167. 1647.12.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    This article becomes operative on January 1, 2022.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 1647.12. This article shall become operative on January 1, 2022. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019.)
  168. 1647.18.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    This section defines “adult patient,” “good standing,” and “oral conscious sedation” for this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 standing” means the license or permit is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding. (c) “Oral conscious sedation” means a minimally depressed level of consciousness produced by oral medication that retains the patient’s ability to maintain independently and continuously an airway, and respond appropriately to physical stimulation or verbal command. “Oral conscious sedation” does not include dosages less than or equal to the single maximum recommended dose that can be prescribed for home use. (1) The drugs and techniques used in oral conscious sedation shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. Further, patients whose only response is reflex withdrawal from painful stimuli would not be considered to be in a state of oral conscious sedation. (2) For the handicapped individual, incapable of the usually expected verbal response, a minimally depressed level of consciousness for that individual should be maintained. (Amended by Stats. 2024, Ch. 483, Sec. 21. (SB 1453) Effective January 1, 2025.)
  169. 1647.19.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    A dentist may provide oral conscious sedation to an adult outpatient only if the dentist holds the required active license or permit and one of the listed sedation credentials. The article does not apply to local anesthesia, nitrous oxide and oxygen mixtures, or postoperative medications.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 active dentist license or permit issued under Section 1638 or 1640 and an active general anesthesia permit, moderate sedation permit, or adult oral conscious sedation certificate pursuant to Section 1647.20. (b) An adult oral conscious sedation certificate shall expire on the date specified in Section 1715 that next occurs after its issuance, unless it is renewed as provided in this article. (c) This article shall not apply to the administration of local anesthesia or a mixture of nitrous oxide and oxygen, or to the administration, dispensing, or prescription of postoperative medications. (Amended by Stats. 2024, Ch. 483, Sec. 22. (SB 1453) Effective January 1, 2025.)
  170. 1647.2.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    This section lets dentists use moderate sedation for outpatient dental patients if they meet the listed license and permit requirements, and it adds extra rules for pediatric cases.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 dentist license or permit under Section 1638 or 1640 issued by the board and either an active general anesthesia permit or a moderate sedation permit. (b) A moderate sedation permitholder shall obtain a pediatric endorsement on the moderate sedation permit prior to administering moderate sedation to a patient under 13 years of age. (c) (1) A moderate sedation permitholder who administers or orders the administration of moderate sedation shall be physically present in the treatment facility while the patient is sedated. (2) For patients under 13 years of age, there shall be at least two support personnel in addition to the operating dentist present at all times during the procedure involving moderate sedation. The operating dentist and one personnel member shall maintain current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8. The personnel member with current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management shall be dedicated to monitoring the patient during the procedure involving moderate sedation and may assist with interruptible patient-related tasks of short duration, such as holding an instrument. (d) A moderate sedation permitholder shall possess the training, equipment, and supplies to rescue a patient from an unintended deeper level of sedation. (e) This article shall not apply to the administration of local anesthesia, minimal sedation, deep sedation, or general anesthesia. (Amended by Stats. 2024, Ch. 483, Sec. 18. (SB 1453) Effective January 1, 2025.)
  171. 1647.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    A dentist who wants to provide or order oral conscious sedation for adult patients, and who lacks certain sedation permits, must hold a qualifying license or permit, apply on the board’s form, pay the certification fee, and show that one of the listed education or training requirements is met.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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, as provided in Sections 1646.1 and 1646.2, or a moderate sedation permit, as provided in Sections 1647.2 and 1647.3, shall possess a dentist license or a permit under Section 1638 or 1640 issued by the board that is in good standing, apply to the board on an application form prescribed by the board, and submit the certification fee and evidence showing that the dentist satisfies any of the following requirements: (a) Satisfactory completion of a postgraduate program in oral and maxillofacial surgery approved by either the Commission on Dental Accreditation or a comparable organization approved by the board. (b) Satisfactory completion of a pediatric dental, periodontics, or general practice residency or other advanced education in a general dentistry program approved by the board. (c) Satisfactory completion of a board-approved educational program on oral medications and sedation. (Amended by Stats. 2024, Ch. 483, Sec. 23. (SB 1453) Effective January 1, 2025.)
  172. 1647.21.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    A certificate holder must complete at least seven hours of approved study on oral conscious sedation of adult patients to renew certification as an oral conscious sedation provider.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 as a condition of certification renewal as an oral conscious sedation provider. Those courses of study shall be accredited toward any continuing education required by the board pursuant to Section 1645. (Added by Stats. 2005, Ch. 539, Sec. 12. Effective January 1, 2006.)
  173. 1647.22.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    Before oral conscious sedation is given to an adult, a physical evaluation and medical history must be taken, and a dentist administering or ordering it must stay physically present until discharge.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 evaluation, medical history, and oral conscious sedation procedures used shall be maintained as required by the board regulations. (b) A dentist who administers, or orders the administration of, oral conscious sedation for an adult patient shall be physically present in the treatment facility while the patient is sedated, and shall be present until discharge of the patient from the facility. (c) The drugs and techniques used in oral conscious sedation to adults shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. (Amended by Stats. 2024, Ch. 483, Sec. 24. (SB 1453) Effective January 1, 2025.)
  174. 1647.23.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    The fee for an application for initial certification or renewal cannot be more than the board’s administration and enforcement costs, and the fee may be prorated based on the renewal date of the dentist’s license or permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 enforcement costs incurred by the board in carrying out this article. The listed fee may be prorated based upon the date of the renewal of the dentist’s license or permit. (Added by Stats. 2005, Ch. 539, Sec. 12. Effective January 1, 2006.)
  175. 1647.24.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    Offices that perform oral conscious sedation for adult patients must meet the board’s facilities and equipment standards, unless another law says otherwise.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 facilities and equipment standards set forth by the board in regulation. (Added by Stats. 2005, Ch. 539, Sec. 12. Effective January 1, 2006.)
  176. 1647.25.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    Violating any provision of this article is unprofessional conduct and can lead to discipline against a dentist’s permit, certificate, or license.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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, certificate, license, or all three, or the dentist may be reprimanded or placed on probation. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part I of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 2005, Ch. 539, Sec. 12. Effective January 1, 2006.)
  177. 1647.26.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. )

    Verify source ↗

    The statute appropriates $47,000 from the State Dentistry Fund to the Department of Consumer Affairs to process applications for adult conscious sedation certificates.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.86. Use of Oral Conscious Sedation for Adult Patients [1647.18 - 1647.26] ( Article 2.86 added by Stats. 2005, Ch. 539, Sec. 12. ) ## 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 Consumer Affairs for the purpose of processing applications for adult conscious sedation certificates pursuant to this article. (Added by Stats. 2005, Ch. 539, Sec. 12. Effective January 1, 2006.)
  178. 1647.3.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    Dentists seeking to administer or order moderate sedation must hold the proper license or permit, apply to the board, pay the fee, and show required training; pediatric endorsements and child sedation require extra cases, certification, and supervision rules.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 1640 issued by the board that is in good standing and apply to the board on an application form prescribed by the board. The dentist shall submit an application fee and produce evidence showing that the dentist has successfully completed training in moderate sedation that meets the requirements of subdivision (c). (b) The application for a permit shall include documentation that equipment and drugs required by the board are on the premises. (c) Training in the administration of moderate sedation shall be acceptable if it meets all of the following as approved by the board: (1) Consists of at least 60 hours of instruction. (2) Requires satisfactory completion of at least 20 cases of administration of moderate sedation for a variety of dental procedures. (3) Complies with the requirements of the Guidelines for Teaching Pain Control and Sedation to Dentists and Dental Students of the American Dental Association, including, but not limited to, certification of competence in rescuing patients from a deeper level of sedation than intended, and managing the airway, intravascular or intraosseous access, and reversal medications. (d) A dentist may apply for a pediatric endorsement for a moderate sedation permit by confirming all of the following: (1) Successful completion of residency in pediatric dentistry accredited by the Commission on Dental Accreditation (CODA) or the equivalent training in pediatric moderate sedation, as determined by the board. (2) Successful completion of at least 20 cases of moderate sedation to patients under 13 years of age to establish competency in pediatric moderate sedation, both at the time of the initial application and at renewal. The applicant or permitholder shall maintain and shall provide proof of these cases upon request by the board for up to three permit renewal periods. (3) In order to provide moderate sedation to children under seven years of age, a dentist shall establish and maintain current competency for this pediatric population by completing 20 cases of moderate sedation for children under seven years of age in the 24-month period immediately preceding application for the pediatric endorsement and for each permit renewal period. (4) Current certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8. (e) A moderate sedation permitholder with a pediatric endorsement shall maintain current and continuous certification in Pediatric Advanced Life Support (PALS) and airway management or other board-approved training in pediatric life support and airway management, adopted pursuant to Section 1601.8, for the duration of the permit. (f) Applicants for a pediatric endorsement who otherwise qualify for the pediatric endorsement but lack sufficient cases of moderate sedation to patients under 13 years of age may administer moderate sedation to patients under 13 years of age under the direct supervision of a general anesthesia or moderate sedation permitholder who possesses a pediatric endorsement. The applicant may count these cases toward the 20 required in order to qualify for the applicant’s pediatric endorsement. (g) Moderate sedation permitholders with a pediatric endorsement seeking to provide moderate sedation to children under seven years of age, but who lack sufficient cases of moderate sedation to patients under seven years of age pursuant to paragraph (3) of subdivision (d), may administer moderate sedation to patients under seven years of age under the direct supervision of a general anesthesia or moderate sedation permitholder who possesses a pediatric endorsement to administer general anesthesia or moderate sedation to patients under seven years of age. (h) Patient records submitted to the board pursuant to paragraph (2) of subdivision (c) and paragraphs (2) and (3) of subdivision (d) shall be confidential and shall not be disclosed pursuant to any state law, including, but not limited to, the California Public Records Act (Division 10 (commencing with Section 7920.000) of the Government Code), except for disclosure pursuant to a lawfully issued subpoena or a written request from a government agency responsible for either enforcement of civil or criminal laws or the professional licensing of individuals that is conducting an investigation about the applicant. (i) If the procedures under paragraph (2) of subdivision (c) or paragraph (3) of subdivision (d) are performed in a dental office located in this state, the following shall apply: (1) All office facility, equipment, and staff requirements for moderate sedation permitholders shall be met. (2) The procedures shall be performed under the direct supervision of a California-licensed dentist who holds a board-issued general anesthesia or moderate sedation permit. (3) For procedures performed under paragraph (3) of subdivision (d), the procedures shall be performed under the direct supervision of a California-licensed dentist who holds a board-issued general anesthesia or moderate sedation permit with a pediatric endorsement issued by the board. (4) The procedures shall be supervised in compliance with subdivision (a) of Section 1682. (j) For purposes of this section, “good standing” means the license or permit is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding. (Amended by Stats. 2024, Ch. 483, Sec. 19. (SB 1453) Effective January 1, 2025.)
  179. 1647.30.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    This section defines “minimal sedation” and “good standing” for this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 commands, and conforms to all of the following: (1) Although cognitive function and coordination may be impaired, airway reflexes, ventilatory, and cardiovascular functions are unaffected. (2) The drugs and techniques used in minimal sedation shall have a margin of safety wide enough to render unintended loss of consciousness unlikely. (3) Patients who require tactile stimulation to elicit a response to verbal commands shall not be considered to be in a state of minimal sedation. (4) For the very young or developmentally delayed individual, incapable of the usually expected verbal response, a minimally depressed level of consciousness should be maintained. (b) “Good standing” means the license or permit is active and unrestricted by disciplinary action taken pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, is not the subject of an unresolved complaint or review procedure, and is not the subject of any unresolved disciplinary proceeding. (Amended by Stats. 2024, Ch. 483, Sec. 25. (SB 1453) Effective January 1, 2025.)
  180. 1647.31.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    A dentist may provide or order pediatric minimal sedation for outpatient pediatric dental patients under 13 only if the dentist has the required license or permit combinations; the dentist must be physically present while the patient is sedated and, if holding a pediatric minimal sedation permit, must have rescue training, equipment, and supplies.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 age, if the dentist possesses an active dentist license or permit under Section 1630 or 1640 issued by the board and an active general anesthesia permit, moderate sedation permit with a pediatric endorsement, or a pediatric minimal sedation permit. (b) A dentist who administers or orders the administration of pediatric minimal sedation shall be physically present in the treatment facility while the patient is sedated. (c) A dentist with a pediatric minimal sedation permit shall possess the training, equipment, and supplies to rescue a patient from an unintended deeper level of sedation. (d) This article does not apply to the administration of local anesthesia, moderate sedation, deep sedation, or general anesthesia. (Amended by Stats. 2024, Ch. 483, Sec. 26. (SB 1453) Effective January 1, 2025.)
  181. 1647.32.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    A dentist seeking to provide pediatric minimal sedation must apply to the board, hold a qualifying license or permit in good standing, pay the fee, show required training, and keep the required equipment and drugs on site.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 the board. The dentist shall possess a dentist license or permit under Section 1638 or 1640 in good standing, submit an application fee, and produce evidence showing that the dentist has successfully completed training in pediatric minimal sedation that meets the requirements of subdivision (c). (b) The application for a permit shall include documentation that equipment and drugs required by the board are on the premises. (c) Training in the administration of pediatric minimal sedation shall be acceptable if it meets either of the following as approved by the board: (1) Consists of at least 24 hours of pediatric minimal sedation instruction in addition to one clinical case. The pediatric minimal sedation instruction shall include training in pediatric monitoring, airway management, and resuscitation and patient rescue from moderate sedation. (2) Completion of a residency accredited by the Commission on Dental Accreditation (CODA) in pediatric dentistry. (d) A dentist shall be limited to administering a single drug whose primary purpose is sedative via the oral route, either singly or in divided doses, not to exceed the manufacturer’s maximum recommended dose, plus a mix of nitrous oxide and oxygen and adjunctive agents such that the drugs either singly or in combination are unlikely to produce a state of unintended moderate sedation. This section shall not be construed to restrict the administration of adjunctive medication intended to relieve pain, affect the onset or duration of the primary sedative agent, or to reduce the side effects of sedation, including nausea or emesis. (e) The operating dentist and a minimum of one additional personnel who are both trained in the monitoring and resuscitation of pediatric patients, as approved by the board, shall be present during the administration of minimal sedation. (Amended by Stats. 2024, Ch. 483, Sec. 27. (SB 1453) Effective January 1, 2025.)
  182. 1647.33.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    The fee for a pediatric minimal sedation permit or renewal cannot exceed the amount set in Section 1724.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article. (Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)
  183. 1647.34.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    Violating any provision of this article is unprofessional conduct and can lead to suspension or revocation of a dentist’s permit or license, or both.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 license, or both. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 2018, Ch. 929, Sec. 9. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.36.)
  184. 1647.35.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    A pediatric minimal sedation permitholder must complete at least seven hours of approved pediatric minimal sedation courses to renew the permit, and those courses count toward the board’s continuing education requirement.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 sedation as a condition of renewal of the permit. Those courses of study shall be credited toward the total continuing education required by the board pursuant to Section 1645. (Repealed and added by Stats. 2024, Ch. 483, Sec. 29. (SB 1453) Effective January 1, 2025.)
  185. 1647.36.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    Before pediatric minimal sedation is given, a physical evaluation and medical history must be taken. Records of the evaluation, history, and sedation procedures must be kept as required by board regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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, medical history, and pediatric minimal sedation procedures used shall be maintained as required by board regulations. (Repealed and added by Stats. 2024, Ch. 483, Sec. 31. (SB 1453) Effective January 1, 2025.)
  186. 1647.37.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    A pediatric minimal sedation permit expires on the next Section 1715 date after it is issued, unless it is renewed under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 this article. (Added by Stats. 2024, Ch. 483, Sec. 32. (SB 1453) Effective January 1, 2025.)
  187. 1647.38.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. )

    Verify source ↗

    Some permit holders may keep using the terms of an older permit until it expires, but new or renewed pediatric minimal sedation permits issued on or after January 1, 2022 must comply with this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.87. Use of Pediatric Minimal Sedation [1647.30 - 1647.38] ( Article 2.87 added by Stats. 2018, Ch. 929, Sec. 9. ) ## 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 administer or order the administration of oral conscious sedation for minor patients under prior Article 2.85 (commencing with Section 1647.10) may follow the terms of that existing permit until it expires. Any pediatric minimal sedation permit issued or renewed pursuant to this article on or after January 1, 2022, shall require the permitholder to follow the requirements of this article. (Added by Stats. 2024, Ch. 483, Sec. 33. (SB 1453) Effective January 1, 2025.)
  188. 1647.4.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    A moderate sedation permit expires on the next Section 1715 date after it is issued, unless it is renewed under this article.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 article. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  189. 1647.5.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    A permittee must complete 15 hours of approved courses on moderate sedation to renew a permit.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 courses of study shall be credited toward the total continuing education required by the board pursuant to Section 1645. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  190. 1647.6.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    Before moderate sedation, a physical evaluation and medical history must be taken, and related records must be kept as required by board regulations.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 history, and moderate sedation procedures used shall be maintained as required by board regulations. (Amended by Stats. 2024, Ch. 483, Sec. 20. (SB 1453) Effective January 1, 2025.)
  191. 1647.7.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    The board may require onsite inspections before issuing or renewing a moderate sedation permit, and dentists with permits must be inspected at least once every six years.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 of the licensee and the facility, equipment, personnel, and procedures utilized by the licensee. The permit of any dentist who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the dentist of the failure unless, within that time period, the dentist has retaken and passed an onsite inspection and evaluation. Every dentist issued a permit under this article shall have an onsite inspection and evaluation at least once in every six years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit. (b) An applicant who has successfully completed the course required by Section 1647.3 may be granted a one-year temporary permit by the board prior to the onsite inspection and evaluation. Failure to pass the inspection and evaluation shall result in the immediate and automatic termination of the temporary permit. (c) The board may contract with public or private organizations or individuals expert in dental outpatient moderate sedation to perform onsite inspections and evaluations. The board may not, however, delegate its authority to issue permits or to determine the persons or facilities to be inspected. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  192. 1647.8.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

    Verify source ↗

    Permit renewal and onsite inspection fees under this article may not exceed the amounts set in Section 1724.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 shall not exceed the amount prescribed in Section 1724. (c) It is the intent of the Legislature that the board hire sufficient staff to administer the program and that the fees established pursuant to this section be equivalent to administration and enforcement costs incurred by the board in carrying out this article. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  193. 1647.9.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. )

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    Violations of this article count as unprofessional conduct and can lead to revocation or suspension of a dentist’s permit or license. The board may issue probationary terms only when the violation did not cause bodily harm.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.84. Use of Moderate Sedation [1647 - 1647.12] ( Article 2.84 added by Stats. 2018, Ch. 929, Sec. 6. ) ## 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 board shall issue probationary terms only for violations that do not result in bodily harm. The proceedings under this section shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the board shall have all the powers granted therein. (Added by Stats. 2018, Ch. 929, Sec. 6. (SB 501) Effective January 1, 2019. Operative January 1, 2022, pursuant to Section 1647.12.)
  194. 1648.10.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. )

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    The Dental Board of California must create, provide, and update a fact sheet about dental restorative materials.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. ) ## 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 restorative materials that may be used to repair a dental patient’s oral condition or defect. The fact sheet shall include: (1) A description of the groups of materials that are available to the profession for restoration of an oral condition or defect. (2) A comparison of the relative benefits and detriments of each group of materials. (3) A comparison of the cost considerations associated with each group of materials. (4) A reference to encourage discussion between patient and dentist regarding materials and to inform the patient of his or her options. (b) The fact sheet shall be made available by the Dental Board of California to all licensed dentists. (c) The Dental Board of California shall update the fact sheet described in subdivision (a) as determined necessary by the board. (Amended by Stats. 2015, Ch. 426, Sec. 9. (SB 800) Effective January 1, 2016.)
  195. 1648.15.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. )

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    A dentist must give the Section 1648.10 fact sheet to new patients, to patients of record before dental restoration work, and on request; the patient must sign an acknowledgment and a copy must go in the dental record.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. ) ## 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 restoration work. The dentist needs to provide the fact sheet to each patient only once pursuant to the previous requirements of this section. An acknowledgment of the receipt of the fact sheet by the patient shall be signed by the patient and a copy of it shall be placed in the patient’s dental record. If updates to the fact sheet are made by the board, the updated fact sheet shall be given to patients in the manner provided above. A dentist shall also provide the fact sheet to the patient upon request. (Added by Stats. 2001, Ch. 532, Sec. 13. Effective January 1, 2002.)
  196. 1648.20.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. )

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    This article does not apply to certain surgical, endodontic, periodontic, or orthodontic dental procedures if no dental restorative materials are used.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 2.9. Dental Restorative Materials [1648.10 - 1648.20] ( Article 2.9 added by Stats. 1992, Ch. 801, Sec. 1. ) ## 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. (b) For purposes of this article, “dental restorative materials” means any structure or device placed into a patient’s mouth with the intent that it remain there for an indefinite period beyond the completion of the dental procedure, including material used for filling cavities in, or rebuilding or repairing the organic structure of, a tooth or teeth, but excluding synthesized structures or devices intended to wholly replace an extracted tooth or teeth, such as implants. (Amended by Stats. 2002, Ch. 1150, Sec. 3. Effective January 1, 2003.)
  197. 165.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. )

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    Department of Consumer Affairs units must send fiscal impact analyses to the Director of Consumer Affairs, or the Director’s designee, for review and comment before sending them to the Legislature.

    ## Business and Professions Code - BPC ## DIVISION 1. DEPARTMENT OF CONSUMER AFFAIRS [100 - 472.5] ( Heading of Division 1 amended by Stats. 1973, Ch. 77. ) ## CHAPTER 2. The Director of Consumer Affairs [150 - 166] ( Heading of Chapter 2 amended by Stats. 1973, Ch. 77. ) ## 165. Notwithstanding any other provision of law, no board, bureau, committee, commission, or program in the Department of Consumer Affairs shall submit to the Legislature any fiscal impact analysis relating to legislation pending before the Legislature until the analysis has been submitted to the Director of Consumer Affairs, or his or her designee, for review and comment. The boards, bureaus, committees, commissions, and programs shall include the comments of the director when submitting any fiscal impact analysis to the Legislature. This section shall not be construed to prohibit boards, bureaus, committees, commissions, and programs from responding to direct requests for fiscal data from Members of the Legislature or their staffs. In those instances it shall be the responsibility of boards, bureaus, committees, commissions, and programs to also transmit that information to the director, or his or her designee, within five working days. (Added by Stats. 1984, Ch. 268, Sec. 0.2. Effective June 30, 1984.)
  198. 1650.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    Licensed dentists in California must register their place of practice with the Dental Board’s executive officer, and do so within 30 days after licensure.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 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 with the executive officer of the Dental Board of California, or, if he or she has more than one place of practice, all of the places of practice, or, if he or she has no place of practice, to so notify the executive officer of the board. A person licensed by the board shall register with the executive officer within 30 days after the date of his or her license. (Amended by Stats. 2015, Ch. 426, Sec. 10. (SB 800) Effective January 1, 2016.)
  199. 1650.1.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    Applicants and licensees with an email address must report it to the board by July 1, 2016, and the board must send annual electronic notices asking them to confirm the address is current.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 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 electronic mail address shall be considered confidential and not subject to public disclosure. (b) The board shall annually send an electronic notice to each applicant and licensee that requests confirmation from the applicant or licensee that his or her electronic mail address is current. (Added by Stats. 2015, Ch. 510, Sec. 12. (AB 179) Effective January 1, 2016.)
  200. 1651.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. )

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    Dentists who move their place of practice must register each change within one month; the board may use a renewal applicant’s address-change statement as evidence, and may not renew a license after a missed notice until the chapter penalty is paid.

    ## Business and Professions Code - BPC ## DIVISION 2. HEALING ARTS [500 - 4999.202] ( Division 2 enacted by Stats. 1937, Ch. 399. ) ## CHAPTER 4. Dentistry [1600 - 1976] ( Chapter 4 added by Stats. 1937, Ch. 415. ) ## ARTICLE 3. Registration [1650 - 1657] ( Article 3 added by Stats. 1937, Ch. 415. ) ## 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 dentist fails to notify the board of any change in the address of his place of practice within the time prescribed by this section, the board shall not renew such person’s license until the penalty fixed by this chapter is paid. An applicant for renewal of a license to practice dentistry shall specify in his application whether he has changed the address of his place of practice, and if so, the date of such change, and the board may accept such statement as evidence of such fact. (Amended by Stats. 1961, Ch. 947.)

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