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Meetings


August 18, 2004, 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

Wednesday, August 18, 2004 – 1:30 p.m.

The Westin LAX, 5400 W. Century Boulevard, Los Angeles, 310-216-5858

Agenda

1. Call to Order/Roll Call/Establishment of Quorum
2. Approval of May 12, 2004, Meeting Minutes
3. Report of the Chair
4. Report of the Executive Officer
5. Legislation of Interest to COMDA
a. AB539 – 3rd and 4th year dental students applying for RDH licensure
b. SB 136 – mandatory courses for RDAs
c. SB1539 – long-term health care facilities/RDHAPs
d. SB 1546 – dental assisting scopes of practice

RDA Program
6. Review of RDA Educational Programs and Courses/Recommendations to Board
7. Required Coronal Polishing and Radiation Safety Courses for RDAs – Proposal to Allow Affidavit in Lieu of Certificate
8. Proposed New Regulation – Approval of Coronal Polishing Courses
9. Proposed New Regulation – Approval of Ultrasonic Scaling Courses
10. Proposed New Regulation – Approval of Teaching Methodology Courses

RDH Program
11. Review of Necessity/Desirability of RDHAP Prescription Requirement

All Programs
12. Agenda Items for Future Meetings
13. Public Comment

14. 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

5. Legislation of Interest to COMDA

a. AB539 - 3rd and 4th year dental students applying for RDH licensure

AB539 would allow 3rd and 4th year California dental school students in good standing to apply for a Registered Dental Hygienist license, which would require completion of the National written examination and the State clinical examination.

Recent amendments added an appropriation of $138,000 for the current fiscal year, and $264,000 each year thereafter.

As of July 27, the bill was awaiting Assembly concurrence with Senate amendments and had not yet been sent to the Governor.

b. SB 136 (Figueroa) - Registered Dental Assistants

As part of an "omnibus" bill, the portions affecting COMDA delay for one year (to January 1, 2006) the requirement that all RDAs provide proof of having completed both radiation safety and coronal polishing courses. The bill also provides that an RDA who possess an inactive license need not comply with these requirements until he or she chooses to re-activate the license.

The bill is scheduled to be heard in Assembly Appropriations on August 4th.

c. SB1539 (Ortiz) - Long-term health care facilities/RDHAPs

SB1539 would authorize a long-term health care facility that has an exclusive contract with a health care provided, as defined, to allow a RDHAP to perform dental hygiene services under a written prescription that has been obtained by the patient, or an agent or guardian of the patient.

The bill is on the Assembly floor.

d. SB1546 (Figueroa) - Dental assisting scopes of practice

SB1546 defines, in statute, the scope of practice of dental assisting. Attached, along with a copy of the bill, is a fact sheet prepared by the Alliance that outlines all of the provisions of the bill. Recent amendments have addressed the technical concerns that COMDA staff had with some aspects of the bill.

The bill is scheduled to be heard in Assembly Appropriations on August 4th.

6. Review of RDA Educational Programs and Courses

As of July 30, 2004, there were no educational programs or courses ready for review by COMDA or the Board.

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

7. Required Coronal Polishing and Radiation Safety Courses for RDAs - Proposal to Allow Affidavit In Lieu of Certificate

A law enacted several years ago as part of the Legislative Sunset Review process requires that all RDAs provide evidence of having completed both a radiation safety course and a coronal polishing course by January 1, 2005. SB136, which is proceeding through the Legislature, would extend that deadline to January 1, 2006.)

COMDA has notified all RDAs of this requirement, but has heard from many that they have lost or misplaced their certificates. If they completed a course many years ago, the course provider may no longer be in business, or if they are, they may not have kept records for such a long period of time. Members of the public have asked that COMDA consider allowing an RDA whose radiation certificate and/or coronal polishing certificate has been destroyed, lost, or misplaced, to file an affidavit of completion under penalty of perjury.

Following is the text of the law in question:

1645.1. Required completion of radiation safety and coronal polishing courses By January 1, 2005, each person who holds a registered dental assistant license shall provide evidence of having successfully completed board-approved courses in 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.

At its May, 2004, meeting, COMDA asked staff to bring back a proposal detailing which circumstances may warrant acceptance of an affidavit rather than an actual certification of completion from a Board-approved course provider.

Staff Proposal: Staff has only been able to identify the following circumstances that would seem to warrant acceptance of an affidavit rather than an actual certification of completion from a Board-approved course provider. Staff believes that allowing persons to submit an affidavit for other reasons, such as loss or inability to contact the school who issued the original certificate, may lead to large-scale abuse of the affidavit process and could adversely affect the public health and safety by allowing unqualified personnel to perform coronal polishing and to expose radiographs.

1. Affidavit from a educator who was known to be faculty of a particular program which has either ceased business or no longer has records of a particular student, where the past educator verifies under penalty of perjury that he or she personally recalls the student's successful completion of either or both courses.

2. With regard to radiation safety only, evidence of completion of a board-approved RDA educational program from 1985 to the present (regulations only required such program to provide such instruction beginning in 1985)

3. With regard to coronal polishing, evidence of completion of a board-appoved educational program from May 30, 2003 to the present. 8. Proposed New Regulation - Approval of Coronal Polishing Courses

RDAs who wish to perform coronal polishing must, by regulation, provide evidence of having completed a Board-approved course in coronal polishing.

Attached is a proposed regulation that would define the requirements that such courses must meet for Board approval.

9. Proposed New Regulation - Approval of Ultrasonic Scaling Courses

RDAs who wish to perform ultrasonic scaling of cement from teeth under orthodontic treatment must, by regulation, provide evidence of having completed a Board-approved course in coronal polishing.

Attached is a proposed regulation that would define the requirements that such courses must meet for Board approval.

10. Proposed New Regulation - Approval of Teaching Methodology Courses

Effective on May 30, 2005, Board regulations governing RDA educational programs will require that "each faculty member must have received a certification of completion of a COMDA approved course in teaching methodology of at least 60 hours at a post-secondary institution prior to student instruction" (regulation section 1070.2(c)(2)).

Attached are proposed regulations that would define how an instructor will be able to meet the requirements, as well as the requirements that providers of such courses must meet for COMDA approval.

11. Review of Necessity/Desirability of RDHAP Prescription Requirement

In COMDA's October, 2002, Supplemental Report to the Joint Legislative Sunset Review Committee, COMDA recommended that the existing requirement that an RDHAP may only perform services independently upon the receipt of a prescription from a licensed dentist be eliminated. While that recommendation was not implemented by the Legislature, this newly-constituted COMDA may want to consider what position it wishes to take on the issue.

The issue was discussed at COMDA's May, 2004, meeting, with the understanding that staff would bring back any pertinent studies and other information relative to the issue.

Attached are background descriptions of the HMPPs (Health Manpower Pilot Projects) which gave rise to the current RDHAP classification, two reports on the findings of those HMPPs, and comments on the issue from existing RDHAPs. Also attached is an excerpt from COMDA's October, 2002, Supplemental Report to the Joint Legislative Sunset Review Committee which appeared in COMDA's May meeting binder.

COMMITTEE ON DENTAL AUXILIARIES

Draft Meeting Minutes - August 18, 2004

Members Present: Shanda Wallace, RDH, Chair; Kevin Biggers, Public Member; LaDonna Drury-Klein, RDA, Vice Chair; Linda Gipson, RDH, Secretary; Coragene Savio, DDS; Sonia Molina, DDS

Members Absent: Teresita Churchill, RDA; Darla Dale, RDH; Marlyn Hiroto, RDA

Staff Present: Karen R. Wyant, Executive Officer; Dyna Leonard, Associate Analyst; Norine Marks, DCA Legal Counsel; Lori Hubble, Staff Analyst; Donna Kantner, Staff

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

Chair Wallace called the meeting to order at 1:35 p.m. Secretary Gipson called roll and a quorum was established.

2. Approval of May 12, 2004 Meeting Minutes

It was M/S/P (Drury-Klein/Biggers) that the minutes of the May 12, 2004, COMDA meeting be accepted as presented.

3. Report of the Chair

Chair Wallace reported that she had attended the Dept. of Consumer Affairs' Board Member Orientation with fellow COMDA members Churchill, Gipson and Molina on June 4th, the RDH Exams at USC June 13th and July 24th and 25th, and the RDA Exams at USC on July 24th and 25th. She said that she had been very impressed at how well choreographed these exams are by COMDA staff, particularly Examination Coordinator Lori Hubble, reporting that almost 900 RDA candidates were tested in one weekend.

4. Report of the Executive Officer

Executive Officer Wyant reported that statistics are included in COMDA's packet, noting that RDA statistics from the last exam which were not included in the statistics presented indicated a very high increase in the number tested. She felt that the increase may in part be due to the reduction from five examinations last year to four examinations this year, or it may simply be an increase in the number of candidates applying. She noted that staff has done a remarkable job accommodating the large number of applicants.

Regarding regulations, she reported that 1079.2 is still at DCA, as is clarifying the RDH student admission standards. She reported that the RDH Law and Ethics exam regulatory requirements went to OAL in mid-July. In response to a question from Chair Wallace about the news reports on eliminating various boards, Executive Officer Wyant noted that the California Performance Report recommended that both the Dental Board and COMDA be moved in entirety to the Department of Health Services.

5. Legislation of Interest to COMDA

a. AB539 - 3rd and 4th Year Dental Students applying for RDH licensure

Executive Officer Wyant reported that AB539 has gone to the Governor for signature, noting that staff is working on plans to implement its provisions, tentatively adding an examination in March. She noted that the bill would augment COMDA's staff for the first time in 20 years by potentially adding one staff member.

b. SB136 (Figueroa) - Delays Requirement for Radiation Safety and Coronal Polishing Certification for RDA licensure for one year

Wyant noted that this bill was expected to go into effect, and will allow an additional year for licensees to complete the requirement that all currently licensed RDAs must show proof of completion of Radiation Safety and Coronal Polishing certification. This bill would delay the deadline for that requirement to January 1, 2006.

c. SB1539 - Long Term Health Care Facilities/RDHAPs

JoAnn Galliano, CDHA, reported that this bill had been pulled due to concerns with the certification process of some facilities. These issues will be addressed and the bill will most likely be back next year.

d. SB1546 (Figueroa) - Scope of Practice for Dental Assisting

Executive Officer Wyant reported that this bill has the most impact on Registered Dental Assistants. The bill would create three new specialty categories of Assistants: Restorative, Orthodontic, and Oral Surgery. She noted that if this bill passes, workshops and informational meetings would need to begin to be scheduled toward the end of this year since the effective date is January 1, 2007. She noted that there would no longer be RDA written or practical examinations, reducing COMDA's workload but also significantly reducing revenue. She noted that the bill would also substantially increase the duties of the EF category. She said that by November she should have a recommended blueprint for accomplishing all of the changes.

Tim Hart, CDA, thanked Executive Officer Wyant for her assistance with this legislation. He noted that the first analysis called for $170,000 in associated costs, but that she had told the Legislature that there would be no fiscal impact. Wyant stated that it is not usual for an agency to tell the Legislature that they will not need more money to implement proposed legislation, only to have the Legislature insist that they do.

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

There were no programs for review.

7. Required Coronal Polishing and Radiation Safety Courses for RDAs - Proposal to Allow Affidavit in Lieu of Certificate

Executive Officer Wyant advised that some licensees were having difficulty in finding documentation because their certificates have been lost or destroyed, and they are unable to obtain duplicates because their school has closed or because the certifications were received many years ago. She asked if COMDA would feel comfortable in accepting an affidavit in any other situations in addition to the three listed in the proposal. She noted that staff did not recommend allowing licensees to submit affidavits of loss or destruction, since they could be fraudulent and thereby pose a threat to the public health and safety.

Dorothy Cox, The Alliance, reported that The Alliance supports the proposal. JoAnn Galliano, speaking as an educator, felt that there would be no way to know whether the affidavit was true if licensees were allowed to submit them. Wyant clarified that the current proposal would only recognize an affidavit from an educator.

Vice Chair Drury-Klein, speaking as an educator, stated that she tells those people who have been licensed for 20 years and who have objections to re-taking the Coronal Polishing course, that they only need to attend one weekend and will get 16 hours of CE credit. She felt it was a great hands-on experience, and those students who objected in the beginning agree after taking the class. She noted that the X-Ray course is slightly more expensive and more time -consuming, but it seems to be less of a problem than the Coronal Polishing course. Dorothy Cox, speaking as an educator, agreed. She felt that if the licensee has not taken a course in 10 or 20 years, they really need the course.

Member Biggers asked if the deadline for compliance is January 1, 2005. Wyant replied that currently it is, but a bill extending the deadline until January 1, 2006 is pending, and staff needs to know how to advise licensees.

Tim Hart, CDA, noted that this requirement was a statutory requirement imposed over two years ago, and that it may be time to go back to the Legislature and let them know that things have changed, since new statutory language will be enacted for both new licenses and old and the requirement may no longer be necessary. Executive Officer Wyant said that she had a different perspective on that, stating that all of the specialty licenses will be allowed to perform Coronal Polishing, and that they should have training.

It was M/S/P (Drury Klein/Biggers) to accept the proposal of #1, with the assumption that staff would recognize #2 and #3 as matter of course since they would be in compliance.

8. Proposed New Regulation - Approval of Coronal Polishing Courses

Vice Chair Drury-Klein felt that the language for all certifications should be consistent. She believes in modernization of the language, procedures and supervision, and felt this proposed regulation to be more modern, user-friendly, and clear to educators. Executive Officer Wyant thanked Drury-Klein for hard work and input on the regulations.

Dorothy Cox stated that regarding Page 3 (7), she requires students to provide a calculus-free statement for each patient prior to performance of the procedure, asking if this will be placed into the regulatory language.

Tim Hart, CDA, noted that this is consistent with regulation, but noted concerns they had received that the class requirement of 12 hours may be too high. Vice Chair Drury-Klein noted that the requirement was originally 16 hours, and reducing it to 12 hours is a huge concession. Dorothy Cox, speaking as an educator, said that she currently provides this course, but has found that 12 hours is not sufficient time. She noted that her courses scheduled for next year will be at least 14 or possibly even 16 hours.

JoAnn Galliano, CDHA, felt it necessary to specify in the regulation that patients must be calculus-free, and Vice Chair Drury-Klein agreed. It was agreed that language would be added, such as "Clinical patients must provide a calculus-free statement provided by a dentist or an RDH prior to coronal polishing."

Melody Randolph, Western Career College, asked if the regulations will allow the final evaluation to be done by either a RDH or a dentist. Vice Chair Drury-Klein clarified that the only requirement is that it must be a faculty member performing the evaluation.

Executive Officer Wyant felt that if Infection Control is necessary, on Page 1 (b) "board approved course in infection control" could be changed to "course in infection control by an approved provider". Vice Chair Drury-Klein noted that many of those attending the course are on-the-job trained, and need to demonstrate their Infection Control competency. Wyant noted that RDAs could be exempted from this requirement, and it could be applied only to unlicensed DAs. Lana Wright, CADAT, felt it should be retained, noting that it is a good refresher if the licensee has had it, and a requirement if they haven't.

Dorothy Cox asked if the two hours of Infection Control covered could be given as credit for CE requirement for licensees. Vice Chair Drury-Klein felt that the way the Board's Infection Control Committee had structured the standards, it would not qualify.

Tim Hart, CDA, asked if it is the intent of this subdivision to demonstrate clinical proficiency. Vice Chair Drury-Klein noted that it is inherent in the course to some degree. The issue is the huge level of misinformation and training that is done in offices regarding infection control.

Drury-Klein noted that she and Dr. Terlet also considered imposing a California Law requirement, because after completing the course many DAs feel that they can return to the office and perform Coronal Polishing on patients, which legally they cannot do until they become RDAs. JoAnn Galliano, speaking as an educator, felt that clinical competency was based on a knowledge of inflection control, believing that no one should be exempt from this instruction no matter what other courses have been completed.

It was agreed that the section would be re-written by legal counsel and the Executive Officer to reflect the requirement that all students be assessed for clinical competency, with no specific hourly component and elimination of the 2-hour infection control component.

It was noted that on page 2 (B) "practitioner" should be struck, since this would be equivalent to "instructor", and that on page 3, (h) needs to be clarified to indicate that the externship is related to clinical instruction only.

It was M/S/P (Drury-Klein/Gipson) to approve the regulations with changes to be finalized by the Executive Officer and legal counsel, and recommend that the Board set them for hearing.

9. Proposed New Regulation - Approval of Ultrasonic Scaling Courses

Executive Officer Wyant noted that these regulations are an attempt to align the regulations for all certification courses. With that in mind, she felt that page 1, (B) should strike "practitioner" as in the previous regulations for Coronal Polishing courses, and also on page 3 (h) be clarified. Vice Chair Drury-Klein noted that on page 3, subsections (6) and (7), 8 students are allowed, rather than 6, as stated in the Coronal Polishing language. Wyant replied that current guidelines specify 8 students for the Ultrasonic Scaling course. Drury-Klein felt that in the interest of consistency, the number should also be 6.

She also noted that clinical instruction takes place on typodonts, not people, recommending that sentence be struck, since other language addresses laboratory instruction. Wyant asked if there would then be any need for an externship. Drury-Klein noted that this item would need additional work, so the item was tabled until the next meeting.

10. Proposed New Regulation - Approval of Teaching Methodology Courses

Vice Chair Drury-Klein noted that there are very specific requirements for Community Colleges and others. She stated that this proposed language prevents interpretation and standardizes what is required, it is clear, definitive and speaks to the issues.

JoAnn Galliano, speaking as an educator, felt that Page 1 (1) should include "a post-graduate degree" to include those who hold a masters or doctorate degree in education, but do not hold a teaching credential.

Elizabeth Pacheco, Condorde Career College, testified that The Ryan Credential is very easy to obtain, and should be a minimum requirement.

Lori Gagliardi, Pasadena City College, asked how that would affect programs accredited by the Commission on Dental Accreditation. Wyant noted that ADA approval is currently recognized by the Board, and that they are not necessarily subject to the same regulations as "Board"-approved programs. It was suggested that this should be clarified in regulation Section 1070.2. Lana Wright agreed that it should be clarified; however the purpose is to address this current language and move forward.

It was M/S/P (Drury Klein/Savio) to accept the proposal with changes allowing course instructors, as well as affected faculty, to have a post-graduate degree in education, and recommend that the Board set the regulation for hearing.

11. RDHAP Prescription Requirement

Chair Wallace noted that this item was discussed at the May meeting and staff was directed to bring back any pertinent studies and other relative information. She felt that a decision should be made today regarding COMDA's stance on the issue.

Member Savio felt that the issue regarding nursing homes has been sufficiently addressed previously. She noted that the original RDHAPs had a minimum of three to four years of college, and they were treating a higher economic category of people. The current licensee treats patients of lower economic levels in more rural areas. She found the letters interesting, particularly the two RDHAPs that pooled their resources and rented space to a dentist in order to practice. She felt the current system worked. She noted that HIPPA requirements have come along since that time, and there are health concerns with these patients requiring that they be seen by a physician before proceeding.

Member Molina agreed, noting that the patients in nursing homes have more serious medical concerns than cleaning their teeth. Vice Chair Drury-Klein asked if the RDHAP is not qualified to assess a patient's medical history or a patient's health needs. She would hope that every medical practitioner would be able to assess a medical history or medical case.

Member Biggers felt that when a person needs care, they need care, supporting the removal of the prescription requirement. He felt that these people are professionals and should be able to provide care when needed.

Diane Azevedo, RDHAP, stated that in a pioneering position, she must be better than the standard. She noted that she had been an RDH for 25 years, and a high number of dentists do not look at the patient's health history. She stated that she has never treated a patient without checking the patient's health history, noting that research has shown that there have been no safety issues with RDHAPs. She cannot understand why she may not work for herself, as it is simply a new business practice, not an increase in scope of practice. She wanted to be able to reach people who want to be reached, noting that many people want these services. She felt that the services provided have a bearing beyond the mouth and into the person's entire health.

JoAnn Galliano, CDHA, reported that over 12,000 patients were seen in the original program, 1200 were over 65, and 2,500 had no high school education, so there were quite a few participants that mirror the patients currently being seen. She stated that many times RDHAPs consult with a physician who is not the physician of record of the patient. The problem is not that these people do not need to go to a dentist, it is a way to get people to go to a dentist. She felt that as a hygienist, it is her responsibility to protect the patient; just because there is no prescription required does not mean that she will not consult with a physician or dentist if she feels it is necessary. She noted that the prescription requirement does not protect the patient and it restricts access to care.

Tim Hart, CDA, asked how many RDHAPs are currently licensed, perhaps 50. He continued that the law implementing the category is now six years old, and that over half of the licensees are located in areas where there is a problem with access to care. He reported that CDA had asked its component dental societies if there is any problem with obtaining prescriptions and none of them had indicated that they had been contacted by any RDHAPs.

Chair Wallace felt it would build a rapport between RDHAPs and dentists if more patients were brought into dental practices and mobile dental clinics. Executive Officer Wyant noted that there have only been approved RDHAP programs for the last few years, and that perhaps RDHs choose not to pursue RDHAP licensure because they know they will encounter even more problems with prescriptions in rural and under-served areas.

Gail Gilman of San Diego noted that as an RDHAP she faces a multitude of problems. She felt that the prescription requirement is simply a barrier, noting that she can barely get a job as an RDH because the AP license is like a cloud over her head, asking that this barrier be removed.

Chair Wallace noted that she had personal experience with this issue, noting that as an RDH she has a responsibility to protect the public. She stated that she makes her evaluation of the patient in the office, she does not call the dentist. The same in the public health sector, she goes into the schools and places sealants with no dentist present. She noted that she is qualified to do all this, even though she has not had the 150 hours of additional coursework, and she finds it ridiculous that a prescription is required for an RDHAP do this.

It was M/S/P (Drury Klein/Biggers) to pursue legislation to remove the prescription requirement for RDHAPs.

12. Agenda Items for Future Meetings

Vice-Chair Drury-Klein asked that the necessity and guidelines for establishment of a Quality Assessment Subcommittee of volunteer educators be considered to oversee the continual evaluation of approved programs and courses, and that proposed changes to section 1086 be considered to allow RDAs to apply pit and fissure sealants.

Member Biggers stated he would like a report regarding the status of the California Performance Review recommendations at the next meeting. Gail Gilman, RDHAP, noted that there is no provision for an RDHAP who does not hold a current RDH license to be appointed to the Dental Board or COMDA. Wyant stated she would consult with legal counsel on the issue and, if necessary, bring recommendations to a future meeting.

13. Public Comment

None.

14. Adjournment

The meeting adjourned at 4:50 p.m.

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