California dental board due to sunset.

In a surprising political twist, California's Governor Schwarzenegger vetoed Senate Bill 534 (SB 534)--the measure that would have created the Dental Hygiene Committee of California, a self-regulating dental hygiene committee of the dental board. However, because of the veto, the Dental Board of California (DBC) itself, as well as its Committee on Dental Auxiliaries, will cease to exist as of July 2008 when a sunset provision takes effect.

Sunset is a process used by a number of states to automatically discontinue specific regulatory boards at certain fixed dates unless the legislature reauthorizes them. The purpose is to give the legislature the opportunity to eliminate boards no longer needed, as well as to review the operations of those boards to see if changes are wanted. In California, if a professional regulatory board is sunsetted, its duties are assumed by a "bureau" within the Department of Consumer Affairs run by state civil employees. This year, four California boards in addition to the DBC (Speech-Language Pathology and Audiology, Vocational Nursing and Psychiatric Technicians, Court Reporters and Barbering and Cosmetology) also failed to survive sunset.

SB 534, authored by Senate Chair Don Perata and sponsored by the California Dental Hygienists' Association (CDHA), had the support of the California Dental Association (CDA) and both houses of the legislature. CDHA, CDA and legislative staffers had spent considerable time hammering out a mutually acceptable measure to restructure the regulation of dental hygienists and dental assistants. The governor's veto message said his reason was a concern that licensure would increase dental hygiene and dental assisting fees and that he felt consumers would not sufficiently benefit from the legislation. These concerns had not been issues as the legislation was developed and submitted for the governor's signature.

It is unclear if there is any way to continue the Dental Board of California at this point, or whether the legislature can pass emergency legislation to reestablish sunsetted boards during the 2008 session. Any legislation enacted during the 2008 session would become effective in January 2009. If no corrective measures are taken by the State Legislature within the next few weeks, the DBC as well as the Committee on Dental Auxiliaries will be nonexistent for a minimum of six months from July 2008 until January 2009.

What does this mean for the dental professions of California? The professions will be regulated by civil employees rather than dental committees that include dental professionals. The impact this regulatory change will have on the consumers of California remains to be seen.

Stateline is prepared by the ADHA Division of Governmental Affairs.