Unofficial Summary of Actions

1995 CDA House of Delegates

RESOLUTION 1:

RESOLVED, THAT CDA BYLAWS, CHAPTER XIII, SECTION 10, BE REVISED AS FOLLOWS:

CHAPTER XIII - FINANCES

Section 10. FISCAL YEAR: The fiscal year of the association shall begin January 1 of each year and end on December 31 of that year.

AND BE IT FURTHER

RESOLVED, THAT THIS CHANGE BE EFFECTIVE JANUARY 1, 1996.

Resolution 1 was adopted on the consent calendar.

RESOLUTION 2:

RESOLVED, THAT THE BYLAWS, CHAPTER II, SECTION 80.B. BE REVISED AS FOLLOWS:

Section 80. PROVISIONAL MEMBER:

. . .

B. Privileges: A provisional member in good standing shall receive all the privileges afforded to an active member, with the exception of peer review, except that, not withstanding anything in these Bylaws to the contrary, a provisional member shall have no right to appeal from the denial of active membership in this association.

Resolution 2 was adopted on the consent calendar.

RESOLUTION 3:

RESOLVED, THAT CDA BYLAWS, CHAPTER V, SECTION 70, BE REVISED AS FOLLOWS:

CHAPTER V -- BOARD OF TRUSTEES

...

Section 70. POWERS:

...

K. It shall have the power to amend or terminate the CDA Retirement Plan and Trust, to amend or terminate the CDA Supplemental Executive Retirement Plan, and to appoint an administrative committee (Pension Plan Committee) to do all things necessary or convenient to effect the intent and purpose of the plans.

Resolution 3 was adopted on the consent calendar.

RESOLUTION 4:

RESOLVED, THAT THE CDA BYLAWS CHAPTER II, SECTION 30.A. BE AMENDED AS FOLLOWS:

Section 30. LIFE MEMBER:

A. Classification: A member in good standing who has been an active and/or retired member in good standing for thirty (30) consecutive years or a total of thirty-five (35) years of active and/or retired membership, having attained the age of sixty-five (65) years, shall be automatically notified as to eligibility as a life member. Life membership shall be effective the calendar year following the year in which the requirements are fulfilled. Such applicant shall be a member in good standing at the time of his/her classification as a life member. Maintenance of membership in good standing in his/her component society shall be requisite for continuance of life membership in this association.

Resolution 4 was adopted on the consent calendar.

RESOLUTION 5:

RESOLVED, THAT BOARD OF TRUSTEES RESOLUTION #98-1994-95-B, WHICH PROVIDES THAT THE ANNUAL MEETING OF THE HOUSE OF DELEGATES SHALL BE HELD IN LATE-NOVEMBER OR EARLY-DECEMBER, BEGINNING WITH THE 1996 ANNUAL MEETING, IS RATIFIED, AND BE IT FURTHER

RESOLVED, THAT CDA BYLAWS, CHAPTER V, SECTION 10 BE REVISED AS FOLLOWS:

CHAPTER V--BOARD OF TRUSTEES

Section 10. COMPOSITION: Except as provided hereinafter, the Board of Trustees shall consist of fifty-two (52) members as follows:

		Seven Elected Officers
			President
			President-Elect
			Vice President
			Secretary
			Treasurer
			Immediate Past President
			Speaker of the House

		Two Appointed Officers
			Editor
			Executive Director
		43 Trustees from the Component Societies as Follows:

One from each of the 32 component societies, with the remaining 11 trustees to be allocated to the component societies in proportion to their membership on the basis of the least proportionate error. Allocation of trustees to be determined every ten years, beginning June, 1983.

Explanatory Note: The allocation of trustees occurs on December 31 of any allocation year and affects elections occurring thereafter until the next allocation. (Added: June 1993; Res. 9-1993-H)

All members except the speaker of the House of Delegates, editor and executive director shall have the right to vote, for a total of 49 voting members. (Amended: June 1990)

. . .

Section 40. NOMINATION: By September 1 prior to each annual session of the House of Delegates, the component from which the term of the trustee is to be terminated shall hold an election by voting members of the component to elect a trustee.

		. . .

AND BE IT FURTHER

RESOLVED, THAT CDA BYLAWS CHAPTER VII, SECTION 40.A BE REVISED AS FOLLOWS:

CHAPTER VII --APPOINTED OFFICERS

. . .

Section 40. DUTIES: The duties of the appointed officers shall be as follows:

A. Executive Director: The executive director shall be the executive head of the central office and all its branch offices, and he/she shall have the authority to employ, define terms of employment for, and terminate employment of staff personnel. He/she shall coordinate the activities of all councils and committees, including the preparation of their reports. He/she shall present written monthly reports to the Board of Trustees with a copy to each component executive director, and a written annual report to the House of Delegates with prior review of the annual report by the September Board of Trustees. He/she shall serve as an ex officio member of the House of Delegates, the Board of Trustees, councils and committees, except Nominating and Screening, of the association without the right to vote. He/she shall perform such other duties as may be assigned to him/her by the board, or by the Executive Committee when the board is not in session. (Amended: June 1990, 1992, 1993) . . .

AND BE IT FURTHER

RESOLVED, THAT CDA BYLAWS CHAPTER IX, SECTION 20.B BE REVISED AS FOLLOWS:

CHAPTER IX --STANDING COMMITTEES

. . .

Section 20. FINANCE COMMITTEE:

. . .

B. Election: Effective January 1, 1996, the "at large" members will be nominated by the September Board of Trustees and will be elected by the December Board of Trustees. . . .

AND BE IT FURTHER

RESOLVED, THAT THE REFERENCE SET FORTH BELOW BE PLACED AT THE END OF THE FOLLOWING SECTIONS OF THESE BYLAWS: CHAPTER V, SECTION 30; CHAPTER VI, SECTION 40; CHAPTER VIII, SECTIONS 30, 60 AND 140.D; CHAPTER IX, SECTIONS 50.B. AND 60.B.; CHAPTER XIV, SECTION 20; AND CHAPTER XV, SECTIONS 20.A(b) AND 20.B(d):

Special Interim Provision: Individuals holding office under this section as of June 1, 1996 shall be eligible to serve through the installation of their successor, and the additional length of service of approximately six months will not be counted against this term limit. This provision will be automatically deleted from these Bylaws as of adjournment of the 2003 CDA House of Delegates.

AND BE IT FURTHER

RESOLVED, THAT THE REFERENCES SET FORTH IN THE PRECEDING CLAUSE BE AUTOMATICALLY RESCINDED AND DELETED FROM THESE BYLAWS AS OF ADJOURNMENT OF THE 2003 CDA HOUSE OF DELEGATES, AND BE IT FURTHER

RESOLVED, THAT THE MANUAL OF THE HOUSE OF DELEGATES, CHAPTER IV, SECTION P.1 BE REVISED AS FOLLOWS:

IV. RULES OF THE HOUSE OF DELEGATES

The following are the standing rules of the House of Delegates:

. . .

P. Guidelines for Contested Elections (#42RC-1992-H):

1. Candidates for elective office not brought forward to the House of Delegates via Board of Trustees' nomination should announce their intention to run at the house as soon as possible following the September Board of Trustees meeting. Early announcement of candidacy will allow all interested parties equal accessibility to delegates prior to the house. . . .

Resolution 5 was adopted.

RESOLUTION 6:

RESOLVED, THAT THE MISSION STATEMENTS OF THE COUNCILS ON COMMUNITY HEALTH, LEGISLATION AND PEER REVIEW ARE APPROVED, AND BE IT FURTHER

RESOLVED, THAT THE DUTIES AND QUALIFICATIONS STATEMENT FOR THE COUNCIL ON PEER REVIEW IS APPROVED.

Resolution 6 was adopted on the consent calendar.

RESOLUTION 7:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL BE REVISED AT PAGE 3E-2 AND FORM #17 (CARRIER NOTIFICATION LETTER) TO PROVIDE THAT: (1) INSURANCE CARRIERS SHOULD NOT RECEIVE A COPY OF A PATIENT COMPLAINT AT THE INITIATION OF THE PEER REVIEW PROCESS, AND (2) NEITHER THE DENTIST NOR THE PATIENT SHOULD RECEIVE A COPY OF THE "CARRIER NOTIFICATION LETTER."

Resolution 7 was adopted on the consent calendar.
RESOLUTION 8:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL FORM #62 (RESOLUTION LETTER) BE REVISED TO NOT PROVIDE THE IDENTITY OF CONSULTING AND/OR SUBSEQUENT TREATING DENTIST(S).

Resolution 8 was adopted on the consent calendar.

RESOLUTION 9:

Resolved, that the CDA Peer Review Manual, Page 6B-3, be amended to provide that in the event a situation or issue not specifically addressed in the Peer Review Manual arises, the Appeals Panel has the authority to render reasonable decisions (including refund amounts) to complete and finalize the case.

Upon recommendation of the Reference Committee, Resolution 9 was referred to the Council on Peer Review for further review and report to the December 1995 CDA Board of Trustees.

RESOLUTION 10:

Resolved, that the CDA Peer Review Manual, Form #64 (Refund Guidelines), be amended to provide that refunds should include the cost of all services directly related to the provision of the treatment in question.

Upon recommendation of the Reference Committee, Resolution 10 was referred to the Council on Peer Review for further review and report to the December 1995 CDA Board of Trustees.

RESOLUTION 11RC:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL, "CAPITATION PLAN REFUND GUIDELINES" BE REVISED AS FOLLOWS:

Capitation Plan Refund Guidelines

REFUND/RETREATMENT: (When the patient is still covered by the capitation plan):

"By copy of this resolution letter, (capitation plan name) is instructed to debit Dr. _____'s account according to their own internal accounting procedures in order to re-establish (patient's) eligibility to have the treatment redone by another participating dentist.

If the patient had a co-payment for any of the procedures that are deemed unacceptable, the dentist would be instructed to make a direct refund for the co-payment in addition to the above paragraph.

RETREATMENT: (When the patient is no longer covered by the capitation plan):

"Because you are no longer covered by (capitation plan name), Dr. ________ is financially responsible for providing a clinically acceptable duplicate of this service. The service provided to you was (a non-precious crown, removable partial, acrylic partial, etc.). Please provide a cost estimate from the dentist of your choice for a duplicate of this service. You will be reimbursed for this amount. If you choose a clinically acceptable alternative treatment which is more expensive, you will be responsible for any cost difference."

Please note: If the patient has not made his or her co-payment, the committee must deduct the co-payment amount from the cost of the retreatment.

CORRECTIVE TREATMENT: ALL corrective treatment will be handled in the usual manner.

Upon recommendation of the Reference Committee, Resolution 11RC was substituted for Resolution 11, and adopted.

RESOLUTION 12:

RESOLVED, THAT THE CALIFORNIA DENTAL ASSOCIATION SUPPORT THE BOARD OF DENTAL EXAMINERS ADVISORY STATEMENT ON THE PLACEMENT OF ACTISITE FIBERS BY DENTAL AUXILIARIES.

Resolution 12 was adopted.

RESOLUTION 13:

RESOLVED, THAT SECTION 7 OF THE CDA CODE OF ETHICS BE AMENDED AS FOLLOWS:

"A dentist may use only the degrees conferred upon him or her by diploma from a recognized dental college or school legally empowered to confer the same or the titles, Doctor or Dentist, and any additional academic degrees earned in health service areas on cards, letterheads, announcements and advertisements. . ."

. . .

Resolution 13 was referred to the Judicial Council for further review and recommendation.

RESOLUTION 14:

RESOLVED, THAT SECTION 9 OF THE CDA CODE OF ETHICS BE REVISED TO ELIMINATE ITS FINAL SENTENCE, AS FOLLOWS:

"General dentists who wish to announce the services available in their practices are permitted to announce the availability of those services so long as they avoid any communications that express or imply specialization. The dentist shall also state that the services are being provided by a general dentist. No dentist shall announce available services in any way that would be false or misleading in any material respect.

AND BE IT FURTHER

RESOLVED, THAT SECTION 8 OF THE CDA CODE OF ETHICS BE AMENDED AS FOLLOWS:

. . .

"A dentist who chooses to announce specialization should use "specialist in" or "practice limited to" and shall limit the practice exclusively to the announced special area(s) of dental practice, provided at the time of the announcement the dentist has met in each approved specialty for which he/she announces the existing educational requirements and standards set forth by the American Dental Association."

. . .

Resolution 14 was adopted.

RESOLUTION 15:

RESOLVED, THAT THE PEER REVIEW MANUAL, CHAPTER V (RESPONSIBILITIES OF THE SPECIALTY PEER REVIEW COMMITTEE), BE AMENDED TO PROVIDE AS FOLLOWS:

(1) THAT SPECIALTY PEER REVIEW CHAIRMEN AND NEW SPECIALTY COMMITTEE MEMBERS BE REQUIRED TO ATTEND THE ANNUAL CDA PEER REVIEW TRAINING WORKSHOP,

(2) THAT NEW SPECIALTY PEER REVIEW COMMITTEE MEMBERS BE REQUIRED TO ATTEND TWO COMPONENT PEER REVIEW MEETINGS DURING THEIR FIRST YEAR ON THE SPECIALTY COMMITTEE, AND

(3) THAT, DUE TO THE CONFIDENTIAL NATURE OF THE ISSUES INVOLVED, SPECIALTY PEER REVIEW CHAIRMEN UTILIZE COMPONENT PEER REVIEW STAFF FOR ADMINISTRATIVE PURPOSES, RATHER THAN USING DENTAL OFFICE STAFF.

Resolution 15 was adopted on the consent calendar.

RESOLUTION 16:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL, FORM 62 (RESOLUTION LETTER WORKSHEET), BE REVISED ON PAGE 11-86 TO PROVIDE THAT, IN APPROPRIATE PEER REVIEW CASES IN WHICH THE TREATMENT REVIEWED FAILS TO MEET THE GUIDELINES FOR DENTAL CARE AS SET FORTH BY THE CALIFORNIA DENTAL ASSOCIATION, THE COMPLAINT IS VALID, AND BE IT FURTHER

RESOLVED, THAT THE CDA PEER REVIEW MANUAL, FORM 66 (RESOLUTION ADDENDUM FORMAT), BE REVISED TO CALL FOR A CONCLUSION AS TO WHY THE TREATMENT MEETS OR FAILS TO MEET THE GUIDELINES FOR DENTAL CARE AS SET FORTH BY THE CALIFORNIA DENTAL ASSOCIATION.

Resolution 16 was adopted on the consent calendar.

RESOLUTION 17:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL, FORM #1 (INITIAL PATIENT RESPONSE LETTER), FORM #2 (INITIAL PATIENT RESPONSE LETTER (UTILIZATION CASE)), FORM #3 (REQUEST FOR REVIEW FORM), AND FORM #4 (PATIENT AGREEMENT FORM) BE REVISED TO MAKE CLEAR THAT UTILIZATION OF PEER REVIEW DOES NOT STOP, INTERRUPT OR SUSPEND THE RUNNING OF THE TIME PERIOD FOR FILING A COURT ACTION AGAINST THE DENTIST/RESPONDENT IN THAT PEER REVIEW CASE.

Resolution 17 was adopted.

RESOLUTION 18:

RESOLVED, THAT THE "POSITION PAPER: MANAGEMENT RESPONSIBILITY OF THE ADA BOARD OF TRUSTEES (MARCH 1995)" IS APPROVED.

Resolution 18 was adopted.

RESOLUTION 19:

RESOLVED, THAT THE FOLLOWING PERSONS ARE SELECTED AS NOMINEES TO SERVE AS DIRECTORS OF THE FOLLOWING SUBSIDIARY OPERATING COMPANIES:

		TDC Board of Directors

		CDA Treasurer

		*Jack S. Broussard, Jr., D.D.S.
		 San Gabriel Valley

		*Matthew J. Campbell, Jr., D.D.S.
 		 Sacramento District

		 J. Frederick Conrad, Jr., D.D.S.
		 Berkeley

*Fred C. Eberle, Jr., D.D.S. Santa Clara County Ken M. Harada, D.D.S. Western Los Angeles *James F. Loos, D.D.S. Harbor *Dale F. Redig, D.D.S. Sacramento District *Robert J. Saffian, D.D.S. San Diego County *Betty S. Vodzak, D.D.S. Contra Costa Nondentist *Robert L. Witt Orinda TDCIS Board of Directors CDA Treasurer Philip J. Abeldt, D.D.S. San Joaquin *Charles R. Bocks, Iii, D.D.S. Santa Clara County *Jack S. Broussard, Jr., D.D.S. San Gabriel Valley *T. Ray Davies, D.D.S. Orange County *Russell E. Haag, D.D.S. San Diego County *James F. Loos, D.D.S. Harbor Geralyn M. Menold, D.D.S. Monterey Bay *Norman Plotkin, D.D.S. San Francisco *Dale F. Redig, D.D.S. Sacramento District Nondentist *Carl D. Martellaro Chico TDCMS Board of Directors

*Kenneth E. Lange, D.D.S. Northern California *Michael R. Miller, D.D.S. Tri-County *Dale F. Redig, D.D.S. Sacramento District Nondentist, Nonemployee *J. Gordon Lent, M.S. Modesto TDIC Board of Directors Richard F. Bauerfeind, D.D.S. San Diego County D. Douglas Cassat, D.D.S. San Diego County *William J. Comport Santa Clara County *Stephen Flanders, D.D.S. San Gabriel Valley *E. Joe Graham, D.D.S. Butte-Sierra District *John H. Lake, D.D.S. Tri-County Yoshio Nakashima, D.D.S. San Francisco *Dale F. Redig, D.D.S. Sacramento District *Bruce Valentine, D.D.S. Stanislaus *Gene B. Welling, D.D.S. Humboldt-Del Norte Nondentist *Ivan C. Neubauer, M.D. Nondentist - San Jose

AND BE IT FURTHER

RESOLVED, THAT THIS SLATE OF NOMINEES IS RECOMMENDED TO THE CDA HOLDING COMPANY, INC. BOARD OF DIRECTORS, AS SHAREHOLDER, FOR ELECTION TO THE SUBSIDIARY OPERATING COMPANY BOARD NOTED.

Resolution 19 was adopted on the consent calendar.

RESOLUTION 20:

RESOLVED, THAT THE FOLLOWING PERSONS ARE SELECTED AS NOMINEES TO SERVE AS DIRECTORS OF CDA HOLDING COMPANY, INC.:

		*Martin D. Craven, D.D.S., M.D.
		 Central Coast

		*Roddy N. Feldman, D.D.S.
		 Napa-solano

		*Gordon F. Harris, D.D.S.
		  Sacramento District

		*Robert P. Kelly, D.D.S.
		 Orange County

		 Kenneth E. Lange, D.D.S.
		 Northern California

		*Michael R. Miller, D.D.S.
		 Tri-county

		*Dale F. Redig, D.D.S.
		 Sacramento District

		*Eugene Sekiguchi, D.D.S.
		 San Gabriel Valley

		Nondentist Nonemployee
		*J. Gordon Lent, M.S.
		Non-dentist - Modesto

AND BE IT FURTHER

RESOLVED, THAT THE VICE PRESIDENT AND SECRETARY OF THE CALIFORNIA DENTAL ASSOCIATION BE DIRECTED TO EXECUTE A PROXY IN FAVOR OF LEGAL COUNSEL, INSTRUCTING LEGAL COUNSEL TO ATTEND THE ANNUAL MEETING OF CDA HOLDING COMPANY, INC. AND TO VOTE THE SHARES OF CDA ONLY IN FAVOR OF THE ABOVE NOMINEES FOR THE OFFICE OF DIRECTOR.

Resolution 20 was adopted on the consent calendar.

RESOLUTION 21:

RESOLVED, THAT THE HOUSE OF DELEGATES APPROVE THE OFFICIAL ACTIONS OF THE BOARD OF TRUSTEES AS SUMMARIZED IN BOARD REPORT 3.

Resolution 21 was adopted on the consent calendar.

RESOLUTION 22:

RESOLVED, THAT THE 1995 HOUSE OF DELEGATES ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 1995-96.

Resolution 22 was adopted.

RESOLUTION 23:

RESOLVED, THAT CDA BYLAWS, CHAPTER IV, SECTION 70.J. BE AMENDED AS FOLLOWS:

CHAPTER IV--HOUSE OF DELEGATES

...

Section 70. DUTIES: It shall be the duty of the House of Delegates:

...

J. To select the nominee to fill the office of Thirteenth District Trustee to the American Dental Association, subject to reconsideration of the nomination by the duly constituted caucus of the Thirteenth District during the appropriate ADA annual session.

AND BE IT FURTHER,

RESOLVED, THAT CDA BYLAWS, CHAPTER IV, SECTION 150, BE REVISED AS FOLLOWS:

CHAPTER IV--HOUSE OF DELEGATES

. . .

Section 150. ELECTION PROCEDURES: The elected officers (other than the president and the immediate past president), delegates and alternate delegates to the American Dental Association, and members of councils shall be elected, and the board of directors of CDA Holding Company, Inc. and the nominee for the office of Thirteenth District Trustee to the American Dental Association shall be selected by the House of Delegates except as otherwise provided in these Bylaws. Nominations for delegates and alternate delegates to the American Dental Association, the board of directors of CDA Holding Company, Inc. and for all councils shall be made by the Board of Trustees as provided in Chapter V, Section 80; Chapter VIII, Section 20; and Chapter XIV, Section 40 of these Bylaws. Nominations for elected officers shall be made by the Nominating Committee comprised of the elected trustees as provided in Chapter V, Section 80 and Chapter IX, Section 30 of these Bylaws. Additional nominations for elected officers, for all councils, the board of directors of CDA Holding Company, Inc., and for delegates and alternate delegates to the American Dental Association may be made by an officially certified delegate, provided each such nomination is supported by the endorsing signatures of twenty-five (25) delegates.

. . .

AND BE IT FURTHER,

RESOLVED, THAT THE MANUAL OF THE HOUSE OF DELEGATES, CHAPTER IV, SECTION 'O' BE AMENDED AS FOLLOWS:

IV. Rules of the House of Delegates

The following are the standing rules of the House of Delegates:

. . .

O. Election Procedures: Only properly certified delegates are permitted to participate in the elections of the House of Delegates. Contested elections are held under the supervision of the Committee on Credentials.

Elections are held in accordance to the procedures recommended in Sturgis Standard Code of Parliamentary Procedure. When there are several nominees for equal office who are voted for in a group, a ballot containing fewer votes than the number of positions to be filled is valid.

Voting shall be by ballot, except that when there is only one candidate for membership on a council or for an elective office, such candidate shall be declared elected by the speaker, and except that when the number of candidates for the board of directors of CDA Holding Company, Inc. or delegates and alternate delegates to the American Dental Association equal the number of terms available, such candidates shall be declared elected/selected, as appropriate, by the speaker. The secretary shall provide facilities for voting. The majority of ballots cast shall elect council members and elective officers. In the event no candidate for such offices receives a majority of the votes cast on the first ballot, the two (2) candidates receiving the greatest number of votes shall be balloted upon again (Bylaws, Chapter IV, Section 150).

As to the board of directors of CDA Holding Company, Inc., the nominee for the position of Thirteenth District Trustee and delegates and alternate delegates to the American Dental Association, the candidates receiving the greatest number of votes cast shall be declared elected/selected (Bylaws, Chapter IV, Section 150).

Resolution 23 was adopted.

RESOLUTION 24:

Resolved, that CDA Bylaws, Chapter II, Section 110.A., be revised as follows:

CHAPTER II -- MEMBERSHIP

...

Section 110. DUES AND ASSESSMENTS:

A. Dues and Assessments: The amount, due date and delinquency date of the dues and assessments of members shall be established by the House of Delegates. The board may adopt rules modifying obligation of members to pay dues and assessments. The component shall collect dues from applicants to this association, the component and the American Dental Association. Thereafter, it shall be the duty and responsibility of this association to bill for and collect dues and assessments established by the American Dental Association and this association, and to bill for and collect dues established by any component dental society of this association. Component societies may establish a prepayment system of dues collection for the following year, with dues remitted to CDA by December 31.

...

Resolution 24 was withdrawn.

RESOLUTION 25:

Resolved, that CDA Bylaws, Chapter VIII, Section 70, be revised as follows:

CHAPTER VIII - COUNCILS

...

Section 70. VACANCY: In the event of a vacancy in the membership of any council, the screening committee's recommendation of first alternate followed by the second alternate will be selected to fill such vacancy until a successor is elected by the next House of Delegates to fulfill the remainder of the unexpired term. In the event such vacancy involves the chairman of the council, the president shall have the power to appoint an interim chairman from within the council members.

Resolution 25 was withdrawn.

RESOLUTION 26:

Resolved, that Reserves that cover the mandated four months operating expense may be used only for the emergency needs and operating expenses of the California Dental Association, and be it further

Resolved, that Reserves that are in excess of the four months operating expenses may be used for any purpose subject to the approval of 30 members of the Board of Trustees.

Resolution 26 was defeated.

RESOLUTION 27RC:

RESOLVED, THAT THE ADA BUSINESS MODEL FORMULA CURRENTLY IN DEVELOPMENT BE VIGOROUSLY PROMOTED TO MEMBERSHIP AND DENTAL STUDENTS VIA VARIOUS MEDIA.

Upon recommendation of the Reference Committee, Resolution 27RC was substituted for Resolution 27, and adopted.

RESOLUTION 28:

Resolved, that the Amended Capitation Plan Corrective Treatment Guidelines (Resolution 16-1994-H) be rescinded, and be it further

Resolved, that all corrective treatment peer review findings are to be carried out under a single, universal guideline.

Resolution 28 was defeated.

RESOLUTION 29:

Resolved, that the Code of Ethics be amended to add the following:

1. Only CDA member dentists who have graduated from an ADA accredited D.D.S. or D.M.D. program, or an ADA accredited foreign student program be permitted to use the degree D.D.S. or D.M.D. in any advertising or publicly available materials.

2. Any CDA member dentist not meeting the requirements of the preceding paragraph may only use the term "doctor", "dentist" or "licensed dentist." Any use of the incorrect degree shall be considered to be advertising that is false and misleading in a material respect.

Resolution 29 was referred to the Judicial Council for review and recommendations.

RESOLUTION 30:

RESOLVED, THAT L. NEIL LOVERIDGE, D.D.S. IS HEREBY DESIGNATED SPEAKER EMERITUS OF THE HOUSE OF DELEGATES OF THE CALIFORNIA DENTAL ASSOCIATION.

Resolution 30 was adopted.

RESOLUTION 31:

Resolved, that the Council on Dental Care be directed to study the relative quality of care delivered in various reimbursement formats, including capitation, contractual, and noncontractual reimbursement plans, and be it further

Resolved, that the Council on Dental Care report its finding to the 1996 House of Delegates, and be it further

Resolved, that $25,000 be allocated from Unrestricted Reserves for implementation of the quality study.

Resolution 31 was withdrawn.

RESOLUTION 32-S1:

RESOLVED, THAT THE CALIFORNIA DENTAL ASSOCIATION HAS CONCERNS ABOUT ANY DENTAL PLAN THAT INFRINGES ON THE DOCTOR PATIENT RELATIONSHIP WITH REGARD TO DIAGNOSIS, TREATMENT AND REIMBURSEMENT, AND BE IT FURTHER

RESOLVED, THAT THE THIRTEENTH DISTRICT CAUCUS CARRY TO THE 1995 ADA HOUSE OF DELEGATES A RESOLUTION TO CONDUCT AN INDEPENDENT STUDY ON THE EFFECT OF UNDERFUNDING AND LOW REIMBURSEMENT LEVELS ON DENTAL HEALTH CARE DELIVERY SYSTEMS, AND BE IT FURTHER

RESOLVED, THAT IN THE EVENT THE ADA HOUSE OF DELEGATES FAILS TO FUND SUCH A STUDY, IT BE BROUGHT BEFORE THE DECEMBER 1995 CDA BOARD OF TRUSTEES FOR CONSIDERATION.

Resolution 32-S1 was substituted for Resolution 32RC and 32, and subsequently amended and adopted.

RESOLUTION 33:

RESOLVED, THAT SECTION 7 OF THE CODE OF ETHICS BE AMENDED TO ADD THE FOLLOWING ADVISORY OPINION:

. . .

"2. The phrase 'any additional academic degrees earned in health service areas' is interpreted to mean only those degrees that are earned after a member graduates from dental and/or medical school. Use of a degree earned prior thereto could be misleading in a material respect because of the likelihood that it will indicate to the public the attainment of specialty status or advanced dental education. A member may list degrees only in the order received. A certificate or license is not a degree and shall not be listed with professional titles or degrees."

Resolution 33 was amended by deletion, and subsequently adopted.

RESOLUTION 34:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL BE REVISED AT PAGE 2A-3 TO DELETE PROVISIONS WHICH PERMIT NON-DENTISTS TO SERVE AS LAY REPRESENTATIVES OF HEALTH CARE CONSUMERS ON PEER REVIEW COMMITTEES.

Resolution 34 was adopted on the consent calendar.

RESOLUTION 35:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL BE REVISED AT PAGES 2A-2 THROUGH 2A-4 AND 5A-1 THROUGH 5A-4 TO PROVIDE A SPECIFIC AND COMPREHENSIVE STATEMENT CONCERNING CONFLICTS OF INTEREST OF PERSONS SERVING ON PEER REVIEW AND SPECIALTY PEER REVIEW COMMITTEES.

Resolution 35 was adopted on the consent calendar.

RESOLUTION 36:

RESOLVED, THAT THE CDA PEER REVIEW MANUAL BE REVISED AT PAGE 1C-4 TO PROVIDE THAT ALL COMMUNICATIONS OR INFORMATION RELATING TO PEER REVIEW COMMITTEE INVESTIGATIONS OR PROCEEDINGS AND THE RECORDS OF THE PEER REVIEW COMMITTEE WILL BE HELD IN CONFIDENCE BY COMMITTEE MEMBERS AND STAFF.

Resolution 36 was adopted on the consent calendar.

RESOLUTION 37RC:

RESOLVED, THAT IT IS THE POSITION OF THE CALIFORNIA DENTAL ASSOCIATION THAT STATE MANDATED DENTAL CARE PROGRAMS SHOULD ASSURE ELIGIBLE RECIPIENTS EQUAL ACCESS TO CARE THROUGH THE FREEDOM TO CHOOSE THEIR OWN DENTISTS, AND BE IT FURTHER

RESOLVED, THAT ALL ELIGIBLE RECIPIENTS WHO SEEK DENTAL CARE ON A FEE-FOR-SERVICE BASIS ARE ASSURED ACCESS TO CARE WITHOUT DISCRIMINATING AGAINST ANY LICENSED PROVIDER.

Upon recommendation of the Reference Committee, Resolution 37RC was substituted for Resolution 37, and subsequently amended and adopted.

RESOLUTION 38:

Resolved, that the California DentalAassociation will allocate up to $51,000.00 in matching funds for a pilot study on Direct Reimbursement promotion with the funds used to pay salary and expenses for three sales representatives whose sole responsibility will be promotion of Direct Reimbursement to local and regional employers, and be it further

Resolved, that the components involved in this pilot study report to the 1996 House of Delegates the results of their activities and recommendations for continuation and/or expansion of the program.

Resolution 38 was defeated.

RESOLUTION 39:

Resolved, that the Santa Barbara-Ventura County Dental Society set up a third party administrator (TPA) program as a one-year pilot project for the California Dental Association to provide data showing whether or not a statewide TPA service would be a viable program to implement, and be it further

Resolved, that information gained on how to set up, operate and promote a TPA would be provided by SBVCDS to CDA and any interested component.

Resolution 39 was defeated.

RESOLUTION 40-S1:

RESOLVED, THAT CDA'S COUNCIL ON LEGISLATION STUDY THE CONCEPT OF MEDICAL SAVINGS ACCOUNTS, AND BE IT FURTHER

RESOLVED, THAT THE COUNCIL REPORT ITS FINDINGS TO THE DECEMBER 1995 MEETING OF THE BOARD OF TRUSTEES.

Resolution 40-S1 was substituted for Resolution 40, and adopted.

RESOLUTION 41RC:

RESOLVED, THAT CALIFORNIA DENTAL ASSOCIATION VIGOROUSLY OPPOSE PENDING CHANGES IN ADMISSIONS CRITERIA FOR ALL OF THE CALIFORNIA DENTAL HYGIENE COMMUNITY COLLEGE EDUCATION PROGRAMS, AND BE IT FURTHER

RESOLVED, THAT THIS ISSUE BE BROUGHT TO THE ATTENTION OF THE COMMISSION ON DENTAL ACCREDITATION FOR IT TO TAKE ACTION TO ENSURE COMPLIANCE WITH HYGIENE ACCREDITATION STANDARD #6.1, WHICH STATES THAT ALL CANDIDATES WILL BE ACCEPTED INTO HYGIENE EDUCATION PROGRAMS ON THE BASIS OF CRITERIA AND PROCEDURES WHICH FACILITATE SELECTION OF "... STUDENTS WHO HAVE THE POTENTIAL FOR SUCCESSFULLY COMPLETING THE PROGRAM," AND BE IT FURTHER

RESOLVED, THAT CDA TAKE THIS ISSUE AS A RESOLUTION TO THE ADA HOUSE OF DELEGATES IN ORDER TO BRING THIS ISSUE TO THE ENTIRE BODY OF THE ADA, AND THROUGH THAT MEDIUM ALSO, TO THE COMMISSION ON DENTAL ACCREDITATION.

Upon recommendation of the Reference Committee, Resolution 41RC was substituted for Resolution 41, and subsequently amended and adopted.

RESOLUTION 42:

RESOLVED, THAT THE CALIFORNIA DENTAL ASSOCIATION BRING TO THE 1995 AMERICAN DENTAL ASSOCIATION HOUSE OF DELEGATES A RESOLUTION FOR THE APPROPRIATE AGENCY TO STANDARDIZE THIRD PARTY POST-CLAIM COMMUNICATION FORMS.

Resolution 42 was adopted.

RESOLUTION 43:

Resolved, that the Judicial Council establish a procedure for mediating and/or arbitrating boundary disputes between components, and be it further

Resolved, that the California Dental Association be directed to notify all components that it is inappropriate conduct to solicit members of other components without the prior approval of said components.

Resolution 43 was defeated.

RESOLUTION 44:

Resolved, that the CDA delegation to the ADA House of Delegates submit a resolution to the October 1995 ADA House of Delegates requiring the ADA Council on Accreditation to develop and periodically update a listing of every dental school program worldwide along with its correctly translated ADA equivalent conferred degree, to be distributed to any state or local component requesting it.

Resolution 44 was defeated.

RESOLUTION 45:

RESOLVED, THAT CDA APPOINT SCHULTZ ROWSON/DIRECT REIMBURSEMENT BENEFIT PLANS AS ITS ENDORSED DIRECT REIMBURSEMENT CLAIMS ADMINISTRATOR, CONTINGENT ON FINALIZATION OF AN ACCEPTABLE CONTRACT BETWEEN SCHULTZ ROWSON AND CDA/TDC, AND BE IT FURTHER

RESOLVED, THAT A PORTION OF EXISTING DR ADVERTISING/PROMOTION MONIES BE USED, AS DEEMED EXPEDIENT, FOR COMMISSIONS TO BENEFITS BROKERS WHO SELL THE DR CONCEPT TO EMPLOYERS, AND BE IT FURTHER

RESOLVED, THAT REGULAR UPDATES BE PROVIDED TO THE HOUSE OF DELEGATES AND BOARD OF TRUSTEES REGARDING THE EFFECTIVENESS AND COST EFFICIENCY OF BROKER INVOLVEMENT IN CDA'S DR PROMOTION PROGRAM.

Resolution 45 was adopted.

RESOLUTION 46-S1

RESOLVED, THAT THE HOUSE OF DELEGATES APPLAUD CDA'S EFFORTS ON THE PROMOTION OF COMMUNITY WATER FLUORIDATION, AND BE IT FURTHER

RESOLVED, THAT CDA DEVELOP AN ISSUE SPECIFIC TRAINING COURSE DESIGNED TO DEVELOP WELL VERSED INDIVIDUALS IN THE ISSUES RELATED TO THE PROMOTION OF COMMUNITY WATER FLUORIDATION, WHICH COULD INCLUDE THE TRAINING OF NONDENTISTS, AND BE IT FURTHER

RESOLVED, THAT THE SELECTION AND APPROVAL OF THE INDIVIDUALS BE COORDINATED THROUGH THE COUNCIL ON COMMUNITY HEALTH.

Resolution 46-S1 was substituted for Resolution 46, and adopted.

RESOLUTION 47:

RESOLVED, THAT THE AMERICAN FLAG AND THE CALIFORNIA FLAG BE DISPLAYED ON THE PODIUM DURING ALL SESSIONS OF THE HOUSE OF DELEGATES, AND BE IT FURTHER

RESOLVED, THAT THE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA BE ADDED TO THE OPENING DAY AGENDA TO THE ANNUAL SESSION OF THE CDA HOUSE OF DELEGATES, AND BE IT FURTHER

RESOLVED, THAT THE PLEDGE BE CONDUCTED AFTER THE INVOCATION AND THAT THE INDIVIDUAL SELECTED TO BEGIN THE PLEDGE SHALL BE SELECTED AT THE DISCRETION OF THE SITTING CDA PRESIDENT.

Resolution 47 was amended and subsequently adopted.

RESOLUTION 48:

RESOLVED, THAT A MEETING OF THE THIRTEENTH DISTRICT CAUCUS BE HELD ON THE DAY PRECEDING EACH SEPTEMBER CDA BOARD OF TRUSTEES MEETING.

Resolution 48 was adopted.