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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Assembly Member Ávila Farías

(Coauthors: Assembly Members Bains and Jackson)

February 21, 2025

An act to repeal and add Article 2.7 (commencing with Section 1645.4) of Chapter 4 of Division 2 of the Business and Professions Code, relating to healing arts.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law, the Licensed Dentists from Mexico Pilot Program, requires the Dental Board of California to issue 3-year nonrenewable permits to practice dentistry to dentists from Mexico who meet specified criteria.

This bill would repeal those provisions and replace them with a new Licensed Dentists from Mexico Pilot Program. Under that new program, the bill would require the board to issue a 3-year nonrenewable license to practice dentistry to an applicant that meets specified criteria, and require participants in the program to comply with specified requirements. The bill would authorize participants to be employed only by federally qualified health centers that meet specified conditions, and would impose requirements on those centers. The bill would require an evaluation of the program to be commenced beginning one year after the program has commenced, as specified, and would prescribe the information to be included in that evaluation. The bill would require the costs for the program to be fully paid for by funds provided by philanthropic foundations. The bill would make the program operative six months after the board receives written confirmation that the costs for administering the program have been secured.

The people of the State of California do enact as follows:

SECTION 1.

Article 2.7 (commencing with Section 1645.4) of Chapter 4 of Division 2 of the Business and Professions Code is repealed.

SEC. 2.

Article 2.7 (commencing with Section 1645.4) is added to Chapter 4 of Division 2 of the Business and Professions Code, to read:

Article 2.7. Licensed Dentists from Mexico Pilot Program

1645.4.

(a) For purposes of this article, the following definitions apply:

(1) “Board” means the Dental Board of California.

(2) “License” means a license issued pursuant to subdivision (c).

(3) “Participant” means a person who has been issued a license pursuant to subdivision (c).

(4) “Program” means the Licensed Dentists from Mexico Pilot Program.

(b) (1) The program is hereby created.

(2) (A) The board shall accept 30 participating dentists pursuant to the procedures in this section.

(B) The board shall maintain an alternate list of program applicants.

(C) If a participant leaves the program for any reason, the board shall choose an applicant from the alternate list described in subparagraph (B) to fill the vacancy.

(c) The board shall issue a three-year nonrenewable license to practice dentistry to an applicant who submits an application to the board on a form prescribed by the board and that, as supported by primary source documents provided to the board from an educational institution, certifying body, licensing agency, testing entity, United States government agency, or other official evidence, meets all of the following criteria:

(1) The applicant graduated from a dental program accredited by either of the following:

(A) Consejo Nacional de Educación Odontológica, A.C.

(B) Comités Interinstitucionales para la Evaluación de la Educación Superior.

(2) The applicant is certified by the Asociación Dental Mexicana through a written examination that confirms competency of all of the following clinical experiences:

(A) Oral diagnosis and treatment planning.

(B) Periodontics.

(C) Direct restorations.

(D) Indirect restorations.

(E) Endodontics.

(F) Removal prosthodontics.

(3) The applicant has a license to practice from the Secretaría de Educación Pública Dirección General de Profesiones.

(4) The applicant has satisfactorily completed the Test of English as a Foreign Language by scoring a minimum of 85 or the Occupational English Test with a minimum score of 350.

(5) The applicant has satisfactorily completed an orientation program in connection with the Licensed Physicians and Dentists from Mexico Pilot Program, as established in former Section 853, Program that includes all of the following components:

(6) Except as provided by subdivision (d), provide the board with an individual taxpayer identification number or social security number.

(d) (1) The Notwithstanding subdivision (c) of Section 30, the board shall issue a license to an applicant who has not provided an individual taxpayer identification number or social security number if both of the following conditions are satisfied:

(A) The board determines the applicant is otherwise eligible for a license.

(B) The applicant provides evidence to the board that the applicant has sought an appropriate three-year visa and accompanying social security number.

(2) (A) A participant who has been issued a license pursuant to paragraph (1) shall provide the board with the social security number within 10 days of receipt of a social security card and related visa.

(B) The board may terminate a license if a participant is denied a visa or fails to comply with subparagraph (A).

(3) If the board determines that a participant has met the requirements of paragraphs (1) and (2), the board shall notify the applicant that the applicant may engage in the practice of dentistry under the license issued pursuant to paragraph (1).

(e) (1) An applicant shall submit copies of documents establishing that the applicant meets the criteria described in subdivision (c) to the board.

(2) A document Copies of documents submitted pursuant to this subdivision shall be from a primary source document. source.

(3) The board shall confirm the authenticity of a document submitted pursuant to this subdivision.

(f) (1) The fee for a license and associated Controlled shall be the lesser of nine hundred fifty-seven dollars ($957) or the reasonable regulatory costs of administering the program.

(2) The Controlled Substance Utilization Review and Evaluation System fee shall be one thousand two dollars ($1002). paid pursuant to Section 208.

(g) The three-year period for a license shall commence on the first day the participant engages in the practice of dentistry. either of the following, as applicable:

(h) (1) Before engaging in the practice of dentistry, a participant shall do both all of the following:

(A) Complete an eight-hour infection control course pursuant to subdivision (b) of Section 1755.

(B) Pass the California Dental Law and Ethics Examination.

(2) For each year that a participant has a license, the participant shall comply with Article 2.6 (commencing with Section 1645).

(i) (1) A license shall be deemed to be in good standing pursuant to the provisions of this chapter for the purpose of participation and reimbursement in all federal, state, and local health programs, including, but not limited to, all of the following:

(A) The Medicare Program.

(B) The fee-for-service system of the Medi-Cal program.

(C) The managed care delivery system of the Medi-Cal program.

(D) Private insurance.

(2) A license shall not carry any designation that the participant is a participant in the program.

(j) (1) Except as provided in paragraph (2), suspension or revocation of a license shall be governed by Article 4 (commencing with Section 1670).

(2) In addition to the requirements of Article 4 (commencing with Section 1670), the board shall notify a participant of a suspension or revocation of a license by certified mail, return receipt requested, at the participant’s address of record.

(k) Representatives from California and the National Autonomous University of Mexico that executed and implemented the provisions of the former Physicians and Dentists from Mexico Pilot Program shall be the points of contact for all of the following:

(1) Securing required documents.

(2) Recruiting and vetting candidates.

(3) Assisting candidates for the program in Mexico in meeting all program requirements.

(4) Selecting appropriate federally qualified health centers throughout California.

(5) Ensuring compliance with program provisions.

(6) Developing policy and clinical workshops.

(7) Monitoring productivity and increased access to dental care.

(8) Assessing the necessity of policy and programmatic improvements.

(9) Working with the governments of Mexico and the United States to obtain the visas required for program participation.

(l) A participant may only be employed by a federally qualified health center that meets all of the following conditions:

(1) The center has at least one health professional shortage area or dental professional shortage area within its service area, as determined by the Department of Health Care Access and Information:

(2) The center has dental quality assurance protocols.

(3) The center is either of the following:

(A) Accredited by any of the following:

(i) The Joint Commission.

(ii) The Accreditation Association for Ambulatory Health Care.

(iii) The National Committee for Quality Assurance.

(B) Affiliated with a federally qualified health center that satisfies subparagraph (A).

(m) A federally qualified health center that employs a participant shall do all of the following:

(1) Continue the peer review protocols and procedures required by the federal government.

(2) Work with a California dental school in California approved by the board accredited by the Commission on Dental Accreditation to conduct 10 secondary peer reviews of randomly selected patient encounters with each participant per six-month period and transmit complete records of those encounters to the dental school.

(3) Provide all applicable employment benefits, salary, and policies to the participant as it provides to other current employees, including, but not limited to, malpractice insurance.

(n) The costs for administering the program shall be fully paid for by funds provided by philanthropic foundations.