Are You In Compliance?

More information to come

SB 501 established new requirements for dentists administering or ordering the administration of general anesthesia, deep sedation and minimal sedation. The new requirements are expected to become effective Jan. 1, 2022. Review a summary of those requirements in Sedation and Anesthesia Permits.

Dentists, registered dental assistants and registered dental hygienists whose active license expire in the period March 31, 2020 to May 31, 2021 are granted an extension of time to complete continuing education required for license renewal. The CE must be completed by Sept. 30, 2021. Read more in this DCA order.

Continuation of FFCRA tax credit provisions extended through September 30, 2021. Since Jan 1, 2021, all employers are no longer required to provide FFCRA leave to employees – rather, employers can choose whether to provide FFCRA leave to employees and obtain tax credits to offset 100% of employee wages and healthcare premiums associated with providing the leave. Employers who choose to provide the FFCRA leave must do so universally with all employees.

Employers of five or more employees must begin to provide up to 12-weeks of unpaid, job-protected leave to eligible employees. Employees who meet the eligibility requirements can take leave for the birth, adoption or foster care placement of a child or for a serious health condition of the employee or a specified family member. Employers should watch for updated notices and update practice leave policies. Check here later for additional resources.

Requires written notice to employees in the event of a COVID-19 exposure in the workplace. Also, under the new law, if an employer is aware of a COVID-19 outbreak ― defined as three confirmed cases within 14 days ― occurring at the worksite, the employer is required to report within 48 hours the confirmed cases to their local public health agency. Read more here. Check here later for a resource that includes sample notification language.

The program is expanding to offer benefits to any employee who takes time off to attend to situations (qualifying exigencies) related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the U.S. Armed Forces. This new law does not create a right to take a protected leave of absence, merely the ability to collect PFL benefits (after Jan. 1, 2021) if the employee does take the time off.

Prescribers in need of new controlled substance prescription forms should ensure they order from an approved printer listed on the DOJ website. New prescription forms with serial numbers formatted in the manner prescribed by SB 149 may be available by early to mid-2020. Confirm with the printer that the form meets California’s serial number requirements for 2021 before ordering forms. Consider moving to e-prescribing for controlled substances which is expected to be mandatory January 1, 2022.

Dental practices, including those that are exempt or want to claim an exemption to the requirement to install an amalgam separator, must submit a one-time compliance report to their local control authority. The report is available in most areas from the local sanitation agency. If a sanitation agency does not have a pretreatment program, then the dental practice must submit the report to the California State Water Resources Board.

Read more in this news article.

The law includes language that any entity that employs health care providers or emergency responders that elect to exclude employees from emergency paid sick leave under the federal FFCRA health care provider exemption must provide the leave in California. As a best practice, all employers should comply with emergency paid sick leave under FFCRA.

Employers who learn that an employee has tested positive for COVID-19 must report specific information in writing to their claim’s administrator within three days. Read more here. Your workers comp carrier will provide more information to you.

A dental practice that offers patients the option of using a third-party credit program for treatment payment must comply with new requirements. A news article and updated California Commercial Credit Law resource are forthcoming.

On July 1, 2020, minimum wage increases take effect in several California localities and require updated postings. Employers in Santa Rosa should be aware of a new increase and required notice effective July 1, 2020.

See Minimum Wage and Paid Sick Leave Ordinances by City/County on cda.org

The benefit available through California’s State Disability Service program provides wage replacement to workers who take time off from work for an ill child, spouse, parent, grandparent, sibling, or domestic partner, or to bond with a child within one year of birth or adoption. Employers should update practice policies to reflect the increase.

On or before April 1, 2020, employers must post or provide the new Families First Coronavirus Response Act (FFCRA) notice to employees.

Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements notice in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

Download the notice on the DOL website. 

As of Jan. 31, 2020, employers should begin using the Form I-9. The new version is dated 10/21/2019 but will not become mandatory until May 1. 

All employers must provide a private lactation location other than a bathroom, near the employee's work area. This new law requires the location to have certain mandatory features, requires employers to have a written lactation accommodation policy, changes the ability to claim an exemption, and expands the available penalties.

The minimum wage for a large employer with 26 or more employees in California will increase from $12 per hour to $13 per hour, and employers with 25 or fewer employees will increase from $11 per hour to $12 per hour on Jan. 1, 2020. Some cities and counties have their own ordinances beyond what is required by state law, with more expected to follow. CDA provides a guide to minimum wage ordinances by city and county and employers are advised to check with their local jurisdictions to ensure they are in compliance.

A dental practice that administers general anesthesia or deep or moderate sedation must use a written informed consent form that includes language specified in AB 1622 which the governor signed October 2019. Check out CDA's news article for more information, and access updated informed consent forms from the Practice Support Resource Library.