CA Department of Consumer Affairs, Dental Hygiene Committee final rule effective 2/18/2016: Amendments to the Remedial Education Rules for Dental Hygienists

Issue: Professional Board Requirements
Subissue: Allied Health Education Requirements
First Reported: 11/26/2013
Date Updated: 03/02/2016
Contact: Anthony Lum 916-576-5004
Citation: Title 16, Division 11, ?? 1108
Upcoming Action: Nothing Scheduled
Status: Pending Publication
Regulation ID: CA24503

Rule Summary:

The Department’s Dental Hygiene Committee (Committee) approved rule amendments impacting dental hygienists. The amendments establish the requirements for approval of remedial education courses and establish a standard application form for course providers to use to apply for approval. There are no rules in place that currently provide standards and criteria for such approval. The rule allow the Committee to approve an educational course of instruction that meets the same criteria and standards as those in all California dental hygiene programs.

Notice of OAL approval:
http://www.dhcc.ca.gov/about_us/meeting_docs/20140325_approval.pdf 

Notice of the 15-day comment period:
http://www.dhcc.ca.gov/about_us/meeting_docs/20140325_notavail.pdf 

A copy of the modified text:
http://www.dhcc.ca.gov/about_us/meeting_docs/20140325_modtxt.pdf 

Notice of OAL disapproval: (pdf pg 12)
http://www.oal.ca.gov/res/docs/pdf/notice/15z-2015.pdf 

A copy of the 12/6/2014 Board meeting agenda: (pdf pg 2)
http://www.dhcc.ca.gov/about_us/meeting_docs/20141206_agenda.pdf 

Notice of the August 2014 Board meeting: (pdf pg 2, item #5)
http://www.dbc.ca.gov/about_us/agendas/20140825.pdf 

Notice of the proposed rulemaking is available at: (pdf pg 11)
http://www.oal.ca.gov/res/docs/pdf/notice/06z-2014.pdf 

Notice of the 12/6/2013 Committee meeting agenda is available at:
http://www.dhcc.ca.gov/about_us/meeting_docs/20131206_fsagenda.pdf 

Notice of the 12/7/2013 Committee meeting agenda is available at
http://www.dhcc.ca.gov/about_us/meeting_docs/20131207_fullagenda.pdf 

Rule Development:

OAL approved the rulemaking package 2/18/2016 with an immediate effective date. Notice of the final rule is pending publication in the California Register. The rule is anticipated to be effective 2/18/2016.

The Committee discussed the possible rule changes during its 12/6/2013 and 12/7/2013 meetings. The Committee released notice of the proposed rule for public review. Comments were due 3/24/2014. A public hearing was held 3/25/2014. Staff internally reviewed any comments received. Staff discussed the rulemaking at the 5/3/2014 Committee meeting. The Dental Board discussed the Committee rulemaking at the 8/25/2014 and 8/26/2014 Board meeting. Staff generally discussed at the 12/6/2014 Board meeting. Staff submitted the rule to the Office of Administrative Law (OAL) for review. A decision from OAL was expected in March 2015. OAL disapproved the rule. The Committee failed to follow proper rulemaking procedure, therefore staff will have to correct the errors and will re-file the rule with the OAL at a later date. Staff are internally correcting the rule. Staff released a modified rule for a 15-day comment period. Comments were due 7/17/2015 on the modifications only. The amendments were necessary to correct errors made during the rulemaking process. Staff internally reviewed any comments received. Staff completed the final rulemaking package and filed the rule for review with the Office of Administrative Law (OAL).

Please note that the Committee has separated this discussion from other rules in development. Please refer to CA25013 for the additional educational rulemaking.