Dental Practice Act: unprofessional conduct.

Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California. The act specifies unprofessional conduct by a licensee to include, among other things, the failure by a treating dentist, prior to the initial diagnosis and correction of malpositions of human teeth or the initial use of orthodontic appliances, to perform an examination pursuant to that required of a patient of record, including the review of the patient's most recent diagnostic digital or conventional radiographs or other equivalent bone imaging suitable for orthodontia. The act requires new radiographs or other equivalent bone imaging to be ordered if deemed appropriate by the treating dentist. The act defines a patient of record to mean a patient who has been examined, has had a medical and dental history completed and evaluated, and has had oral conditions diagnosed and a written plan developed by the licensed dentist. The act also specifies unprofessional conduct by a licensee to include the advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This bill would revise that unprofessional conduct provision described above to require new radiographs or other equivalent bone imaging to be ordered if no radiographs are available for diagnostic review. The bill would provide that, for purposes of that unprofessional conduct provision, the correction of malpositions includes any movement of the teeth, including the treatment of malocclusions. The bill would also specify unprofessional conduct by a licensee to include the destruction of patient records before 10 years have elapsed from the date a dental service was last provided if the patient is an adult or 7 years have elapsed from the date a dental service was last provided, or one year has elapsed from the patient's 18th birthday, whichever is longer, if the patient is a minor. The bill would additionally specify unprofessional conduct by a licensee to include the advertising of performance of professional services in a more expeditious manner. Existing law requires an individual, partnership, corporation, or other entity providing dental services through telehealth, prior to the rendering of services and when requested by a patient, to make available the name, telephone number, practice address, and California state license number of any dentist who will be involved in the provision of services to a patient, and makes a violation of that provision unprofessional conduct. This bill would require the information described above to be provided to the patient at the time that the patient receives the recommended treatment plan for services involving the diagnosis and correction of malpositions of human teeth or initial use of orthodontic appliances, as specified. Existing law prohibits a provider of dental services from requiring a patient to sign an agreement limiting the patient's ability to file a complaint with the board. This bill would prohibit a licensed dentist, dental assistant, registered dental assistant, registered dental assistant in extended functions, dental sedation assistant permitholder, orthodontic assistant permitholder, registered dental hygienist, registered dental hygienist in alternative practice, registered dental hygienist in extended functions, or other person from being required to sign an agreement that limits the signatory's ability to file a complaint or provide information to the board. Existing law requires a licensee who fails or refuses to comply with a request for the dental records of a patient, that is accompanied by that patient's written authorization for release of record to the board, within 15 days of receiving the request and authorization, to pay to the board a civil penalty of $250 per day for each day that the documents have not been produced after the 15th day, up to a maximum of $5,000, unless the licensee is unable to provide the documents within this time period for good cause. This bill would specify unprofessional conduct by a licensed dentist to include failure to comply with a written request of a patient to receive a copy of any patient-signed documents within 15 days of receiving the request.