November 16, 2005, Meeting of COMDA

Agenda
Agenda Item Information
Minutes

Agenda

Notice of PUBLIC MEETING - Notice is hereby given that a public meeting of the Committee on Dental Auxiliaries will be held as follows

Shelter Pointe Hotel, 1551 Shelter Island Drive, San Diego, CA 619-221-8000

Wednesday, November 16, 2005 – 10:30 a.m.

Agenda

1. Call to Order/Roll Call/Establishment of Quorum
2. Approval of May 4, 2005, and August 17, 2005, Meeting Minutes
3. Report of the Chair
4. Report of the Executive Officer
5. Legislation of Interest to COMDA

1. SB248 (Figueroa) – Board and COMDA sunset dates
2. SB1111 (Figueroa) – Clean-Up to SB1546 (dental assisting scopes of practice)

RDA Program
6. Review of RDA Educational Programs and Radiation Safety Courses/Recommendations to Board
7. Discussion of Status of Implementation of SB1546 (dental assisting scopes of practice)
8. Discussion of Two Paths to RDA Educational Program Approval – COMDA Evaluation vs. Commission on Dental Accreditation
9. Status of Proposed Title 16 CCR Section 1070.6 – Approval of Teaching Methodology Courses

All Programs
10. Proposal to Increase Auxiliary Fees/Recommendations to Board
11. Consideration and Adoption of Revised Strategic Plan
12. Election of Officers for 2006
13. Establishment of Executive Officer Recruitment Subcommittee

14. Agenda Items for Future Meetings
15. Public Comment

16. Adjournment

The Committee may take action on any item listed on the agenda unless listed as information only. All times are approximate and subject to change. Public comments will be taken on agenda items at the time the specific item is raised. Items may be taken out of order to accommodate speakers and to maintain a quorum. The meeting may be cancelled without notice. For meeting verification, call (916) 263-2595 or access the Committee’s website at www. comda. ca.gov. The meeting is accessible to the physically disabled. A person who needs disability-related accommodations or modifications in order to participate in the meeting shall make a request to the Committee by contacting Karen Wyant at (916) 263-2300 or sending a written request to the person at the Committee on Dental Auxiliaries, 1428 Howe Avenue, Suite 58, Sacramento, CA 95825, one week prior to the day of the meeting. Contact: Karen Wyant, (916) 263-2595 or email Karen_Wyant@dca.ca.gov.

Agenda Item Information

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 5. Legislation of Interest to COMDA

a. SB248

SB248 extends the sunset dates for the Board and COMDA from the current sunset date of July 1, 2006, to July 1, 2008. The Governor signed the legislation, which will be effective January 1, 2006.

b. SB1111

SB1111 contained several clean-up provisions to SB1546, as well as a provision allowing an RDA who has taken a Board-approved course to apply pit and fissure sealants in all allowable settings, rather than the current limitation that this duty only be performed in certain specified clinics. The Governor signed the legislation, which will be effective January 1,2006.

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 6. Review of RDA Educational Programs and Courses

Coronal Polishing Courses

Staff recommends that COMDA recommend that the Board approve the coronal polishing course of:

1. Colleen M. Hanley, Anaheim Hills

Radiation Safety Courses

Staff recommends that COMDA recommend that the Board approve the radiation safety course of:

2. Dental Advantage, Newhall

3. Dental Advantage, Glendale

4. San Diego Dental Careers, San Diego

5. California Dental Careers, Los Gatos

6. California Dental Careers, Sunnyvale

7. Southeast Regional Occupational Program

RDA Pit and Fissure Sealant Courses

Staff recommends that COMDA recommend that the Board approve the pit and fissure sealant course of:

8. Pasadena City College, Pasadena

Other Programs and Courses

Any other programs or courses that are ready for consideration by the meeting date will be presented at the meeting.

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 7. Discussion of Status of Implementation of SB1546 (dental assisting scopes of practice)

SB1111 (Figueroa, Business and Professions Committee) was recently signed by the Governor, containing clean-up amendments to SB1546 as well as other amendments agreed to between CDA and the Dental Assistant Alliance.

One of the most important provisions of SB1111 (in addition to delaying the implementation of SB1546 until January 1, 2008) is to require that all regulations implementing SB1546 be noticed on the same date. As a result, the four regulations previously approved by COMDA and the Board and filed with the Office of Administrative Law have been withdrawn, and must be re-filed once all regulations have been developed.

Attached is a list of the amendments contained in SB1111, as well as a list of the required regulations which have been identified to date, and the timelines that must be met for them to be heard at various Board meetings.

Regulations listed as 1, 2, 3, and 9 in the Timeline document are those that were already noticed, and withdrawn, and are undergoing fine-tuning. Once those are completed, regulations listed as 4, 5, 6, 7, 8, and 10 can be drafted.

However, the California Dental Association has proposed a work experience pathway that may affect the drafting of all of the regulations, and which the Dental Assistant Alliance was to discuss at a meeting on Friday, November 11^th. The results of that meeting likely won’t be known by the November 16^th COMDA meeting.

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 8. Discussion of Two Paths to RDA Educational Program Approval – COMDA Evaluation vs. Commission on Dental Accreditation

At the August meeting, COMDA considered this issue (see attached) and received comments from audience member Lori Gagliardi regarding the CODA accreditation process.

Since that time, COMDA has received a request from an educational program that it be granted approval based on its recent CODA accreditation "with reporting requirements".

It is the first time in at least 20 years that a new program has sought approval through CODA accreditation (although there are 21 existing programs that were approved through this method more than 20 years ago).

Business and Professions Code Section 1753 provides, in part, that the Board shall license as an RDA a person who has graduated from an educational program in dental assisting approved by the Board. Regulation section 1070 provides, in part, that a new educational program for RDAs shall apply for approval prior to operation and that the Board may, in lieu of conducting its own investigation, accept the findings of any commission or accreditation agency approved by the board and adopt those findings as its own.

In the current case, CODA would not supply COMDA with the reports it issued to the educational program. COMDA staff has requested that the program applying for approval supply such reports, so that a determination can be made as to whether a recommendation should be made to accept CODA’s findings, or to require that the program apply to COMDA/Board separately.

Staff is providing this information to COMDA in the event that it wishes to discuss this matter further.

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 9. Status of Proposed Title 16 CCR Section 1070.6 – Approval of Teaching Methodology Courses

In 2002, Section 1070.2 of the regulations was amended to require that all RDA Educational Program faculty complete a COMDA-approved 60-hour course in teaching methodology effective two years after the effective date of the regulation, which would have required that the course be completed by May 30, 2005.

In January, 2005, the Board held a regulatory hearing on proposed regulation 1070.6, which defined the requirements that such courses must meet to obtain approval.

Agency recently returned the file because of their concerns about deficiencies in the original regulation, Section 1070.2. Agency’s concerns are that 1070.2 (1) states that the courses must be approved by COMDA, rather than the Board, and (2) requires that faculty must complete such courses by 5/30/05, when courses will not be approved until the regulation is adopted establishing the standards for course approval.

Since the rulemaking file expires December 31, 2005, there is not sufficient time to re-notice both regulations; therefore, the regulatory process must be started over.

However, SB1111 requires that all regulations implementing SB1546 be noticed together, and Section 1070.2 will need to be included in that package of new and amended regulations.

Therefore, staff recommends that the rulemaking process for 1070.6 and 1070.2 be delayed until that time, so that all amendments can be done at one time. As a result, educational programs would be advised that the 60-hour course requirement would not be imposed until a reasonable period of time after the regulations are finalized.

Committee on Dental Auxiliaries State of California
Dental Board of California Department of Consumer Affairs

TO: COMDA Members

Meeting Date: November 16, 2005

Re: Agenda Item 10. Proposal to Increase Auxiliary Fees/Recommendations to Board

As seen on Attachment "A", COMDA’s fund condition will be in a negative balance sometime late in FY06-07 (see Attachment "F" for historical information). The Department of Finance and the Department of Consumer Affairs are aware of the fund condition, and obviously expect that either expenditures be reduced, or fees be increased to assure that the fund remains solvent.

It is not possible to reduce expenditures without significantly reducing the number of examinations and therefore delay the issuance of licenses. Even if examinations were reduced, we would also experience a reduction in the number of applicants, and therefore revenue.

Attached are analyses of the effect of three different fee increase proposals (Attachments "B", "C", and "D"), as well as information on expenditures compared to revenues for each program category (Attachment "E").

Staff recommends the options outlined in Attachment B, and that COMDA recommend to the Board that fees be increased as follows:

1. Increase the RDA practical examination fee from $55 to $60 (the statutory maximum) effective January 1, 2006. This will affect applicants applying for the April, 2006, exam.

2. Increase the RDH clinical examination fee from $155 to $250 (the statutory maximum) effective January 1, 2006. This will affect applicants applying for the June, 2006, exam.

3. Increase the EF clinical examination fee from $200 to $250 (the statutory maximum) effective January 1, 2006, This will affect the applicants applying for the May, 2006, exam.

4. Increase the RDHAP examination fee from $80 to $250 effective January 1, 2006. This will affect applicants applying on and after January 1, 2006.

5. Increase the renewal fee from $35 to $55 effective March 1, 2006 (since renewal notices are automatically sent 3 months prior to renewal).

11.  Consideration and Adoption of Revised Strategic Plan

COMMITTEE ON DENTAL AUXILIARIES

Draft Meeting Minutes - November 16, 2005

Members Present: Shanda Wallace, RDH, Chair; Kevin Biggers, Public Member; Sonia Molina, DDS

Members Absent: Teresita Churchill, RDA; Darla Dale, RDH; Linda Gipson, RDH, Secretary; Marlyn Hiroto, RDA; Coragene Savio, DDS

Staff Present: Karen R. Wyant, Executive Officer; Dyna Leonard, Associate Analyst; LaVonne Powell, DCA Legal Counsel

1.  Call to Order/ Roll Call/ Establishment of Quorum

Chair Wallace called the meeting to order at 10:50 a.m., and in the absence of Secretary Gipson, called the roll. She announced that there was not a quorum and advised that the members would convene as a subcommittee and make recommendations to the Board as such.

2.  Approval of May 4, 2005 and August 17, 2005 Meeting Minutes

This item was tabled due to lack of a quorum.

3.  Report of the Chair

Chair Wallace reported that she had participated in the RDA and RDH exams at USC in October and apologized for not having a quorum due to the San Diego airport being closed due to fog.

4.  Report of the Executive Officer

Executive Officer Wyant reported that Vice Chair LaDonna Drury-Klein had resigned from her position on both COMDA and the Dental Board. She also reported that her secretary, Donna Kantner, has accepted a position with the Dental Board doing regulations. She noted that COMDA’s budget is again very tight, and that there have been increased Dental Board enforcement costs. Also, she noted that funding that enabled the March 2004 RDH exam was tied to dental student applicants, and since only one dental student has applied, there is insufficient funding to continue that additional examination at this time. She presented an initial schedule of 2006 meeting and exam dates, noting that the Board will determine its meeting dates at its meeting on Friday.

Wyant reported that the remaining 9,000 RDAs who have not completed the required radiation safety and coronal polishing courses have been notified by mail that they have until January 1, 2006 to do so. She indicated that originally 27,000 notices were sent out, and 18, 000 licensees are now in compliance. She added that consequently, COMDA is receiving a large number of phone calls. She noted that DCA’s computer system cannot be programmed to suspend non-compliant licenses until April 1, so informally the date is extended until that time. Member Molina asked how those licensees could be reinstated, and Wyant answered that they would simply need to provide proof of completion of the courses.

Wyant reported that several regulation packages have moved through the department and to OAL, noting that one involved CE course requirements. She reported that COMDA has notified some 150 course providers of the changes to the requirements for the various approved courses.

5.  Legislation of Interest to COMDA SB 248 (Figueroa) – Board and COMDA Sunset Dates

Wyant reported that this bill would have extended the sunset dates for COMDA and the Board for three years, and that the Governor had indicated his intention to veto the bill unless it was amended to change the membership of the Board, and to make COMDA into a Department Bureau. She noted that negotiations extended the sunset dates until July 1, 2008, and the Governor signed the bill.

SB 1111 (Figueroa) – Clean Up to SB 1546 (dental assisting scopes of practice)

Wyant reported that the Governor signed this bill containing clean up provisions to SB 1546 and that she would report more fully on that item later in the agenda.

1. Review of RDA Educational Programs and Courses/Recommendations to the Board

Staff recommended that COMDA recommend that the Board approve the coronal polishing course of Coleen M. Hanley, Anaheim Hills. It was M/S/P (Biggers/Molina) to recommend approval to the Board.

Staff recommended that COMDA recommend that the Board approve the radiation safety course of Dental Advantage, Newhall; Dental Advantage, Glendale; San Diego Dental Careers, San Diego; California Dental Careers, Los Gatos; California Dental Careers, Sunnyvale; and, Southeast Regional Occupational Program. It was M/S/P (Biggers/Molina) to recommend approval to the Board.

Staff recommended that COMDA recommend that the Board approve the pit and fissure sealant course of Pasadena City College, and of Dental Specialties, San Jose. It was M/S/P (Biggers/ Molina) to recommend approval to the Board.

Wallace thanked staff for all their hard work on these course approvals and noted that these recommendations will go forward to the Board.

2. Discussion of Status of SB 1546

Executive Officer Wyant apologized for the hand-carried material, but she wanted to provide the most up-to-date information possible. She noted that SB 1111 did some technical clean up, however there is still much work to be done.

She reported that the amendments require that all regulations implementing the provisions of SB 1546 must be heard at the same time. As background to this issue, she noted that the issue of dental assistant licensure came out of the last sunset process, which included expectations from the Sunset Review Committee that CDA and the Alliance work together to develop pathways for assistant licensure.

She noted that 4 regulatory packages had been submitted, but had to be withdrawn in order to go forward with the others, which were still under development. She reported that CDA has also proposed a work experience pathway, which is currently being discussed for potential legislation. She added that further regulations will be required to delineate the additional duties, how they will be taught, and course requirements. She hopes that language would be ready for review at the meetings in January, but even so, it is a very tight timeframe. She advised that it would take at least one year to then complete the regulatory process.

3. Discussion of Two Paths to RDA Educational Program Approval – COMDA Approval vs, Commission on Dental Accreditation

Executive Officer Wyant noted that this item is an informational update from the discussion at the last meeting. She advised that current staff practice is that programs applying for approval must complete and file COMDA applications, rather than just relying on CODA accreditations. She noted that she brought this to COMDA as they will become more and more involved in course and program approval processes as SB1546 is implemented.

4. Approval of Teaching Methodology Courses

   Executive Officer Wyant reported that this regulation was developed and noticed in December of last year, and approved by COMDA and the Board. The Department had concerns about the regulations, which were similar to those voiced by CDA that had to do with an associated regulation. However, the regulatory package reached agency level, and Agency would not sign off on the regulation because of technical difficulties with the originating regulation. She noted that the file has therefore been returned and will expire in December. Therefore, the regulatory process must be started over. She reported that this regulations must be amended as part of the SB 1546 process, so she recommends that those and other amendments be made all at once rather than re-filing at this time.

10. Proposal to Increase Fees

Executive Officer Wyant noted that she had previously reported on the decrease in COMDA’s reserve fund. Historically, she added that several years ago this "savings account" grew to more than 1 year of operating revenue rather than the 3-month reserve required by the Legislature. She noted that fees were consequently reduced after a legislating inquiry, and the reserve fund has decreased dramatically, She projected a negative balance by the end of 06/07 FY, and advised that she has received several memos from Department of Finance directing that this problem be addressed.

She noted that she had laid out three proposals, recommending Attachment B. She thought it reasonable that exam fees be increased as well as renewal fees, and more accurately reflected the costs of each program. Member Molina asked how long the statutory maximum fees are in effect, Wyant noted that it is very difficult to change, requiring legislation, and noted that the Legislature does not look favorably upon bills increasing fees. Wyant reported that an increase in renewal fees gives more flexibility and more revenue for a smaller fee increase. She added that it is nearly impossible to determine how SB 1546 will affect the revenue stream, noting that budget projections will be extremely difficult during the next two years.

JoAnn Galliano, CDHA, felt that the fee increase for the RDHAP seem extreme. She felt that the high fees could become a barrier, and asked whether it would be possible to explore a different method of administering the exam, such as computer-based. Wyant explained that the exam fee includes not only the cost of developing and administering the exam, but also the application processing, the phone calls, overhead such as rent, printing, etc., and the staff work involved. She felt that as the number of exams administered goes up, that figure should go down. She added that if the exam were to become a computerized exam, it would not eliminate all the associated costs, the exam would still have to be constructed and validated.

Galliano asked if it could be the same exam as the RDH exam. Wyant noted that the two exams must be different because of differences in the settings in which they are allowed to work. She added that computerization of exams will be in flux in the coming year as the Department is in the process of soliciting bids for a new contract, but that computerization is certainly an area that should be explored.

Cathy Mudge, CDA, asked if renewals continue to support the exams. Wyant responded the proposal would increase all fees to their maximum limits, including the exam fees. It was M/S/P (Mollina/Biggers) to recommend to the Board that it adopt option B as presented.

11. Strategic Plan

Chair Wallace asked that everyone please read through this document before the next meeting. Wyant noted that this item was also on the August agenda, but could not be discussed for lack of a quorum. Chair Wallace noted that in the absence of a quorum this item is tabled until January.

12. Election of Officers

Legal Counsel LaVonne Powell noted that in the absence of a quorum, this item may be carried over until the January meeting. Executive Officer Wyant offered to agendize the election of officers as the first item for that meeting.

13.  Establishment of an Executive Officer Recruitment Subcommittee

Chair Wallace advised that Executive Officer Wyant will be retiring on May 1, 2006, and she has been asked to establish a committee for recruitment. Legal Counsel Powell suggested meeting with the Department’s Personnel contact and bring back information to January’s COMDA meeting. Wyant stressed that she did not want COMDA to be without an Executive Officer for long, and that the subcommittee should have some latitude to begin advertising prior to the January meeting. Powell noted that if Wyant’s last work date is May 2, this is ample time, adding that she had recently been through the process for another board.

Wyant believed that certain noticing must be done for the interview process, then the Subcommittee narrows the candidate pool down, and COMDA will interview the final candidates. Powell explained that the Department has it down to a science, advertising and screening candidates, handling reference checks. She added that the timeframe would depend on the interview process, however COMDA could meet outside of the regular Dental Board meeting. Candidates could conceivably be brought to the meeting in April. It was M/S/P (Biggers/Molina) to allow the Chair to appoint a 2-person subcommittee, and that the position could be advertised prior to the January meeting.

13. Public Comment

Cathy Mudge, CDA, noted that she missed the discussion about SB 1111 and 1546, however advised that CDA is currently reviewing legislation to define an on-the-job trained RDA pathway.

15. Adjournment

The meeting adjourned at 11:45 a.m.