Are You in Compliance?

As announced by the Department of Justice in April 2018, California’s Controlled Substance Utilization Review and Evaluation System (CURES 2.0) is ready for statewide consultation by prescribers. As of Oct. 2, 2018, prescribers must check a patient’s prescription history in CURES 2.0 before prescribing a Schedule II-IV substance, with some specific exceptions. Refer to CDA’s article on mandatory checks for information on the exception applicable to some dentists. Prescribers who have issues accessing CURES can email the DOJ or call 916.210.3187.

Belmont, Emeryville, Los Altos, City and County of Los Angeles, Malibu, Milpitas, Pasadena, San Francisco, and Santa Monica. Redwood City has joined the list of cities with a new $13.50/hour increase effective 1/1/2019.

The DFEH has stated that the change to this poster made in June 2018 is not a mandatory update.

The EDD released this new, mandatory posting on July 3, 2018 although the revision date is May 2018. EDD states that, while maintaining updated publications is always encouraged, employers can continue to use the previous version of their mandatory employer notice (DE 1857A) until January 1, 2019—at which time all employers must post the updated version.

On Jan. 11, 2018, the IRS issued revised tax withholding tables for employee paychecks. To comply with IRS Notice 1036, employers should implement the 2018 withholding tables as soon as possible, but no later than Feb. 15, 2018. The notice provides early release copies of the new percentage method tables for income tax withholding. To learn more about your tax responsibilities as an employer, refer to Publication 15 and recent developments at irs.gov.

The Division of Occupational Safety and Health under the California Department of Industrial Relations, commonly known as Cal/OSHA, has updated the Safety and Health Protection on the Job notice with a poster print date of October 2017. All employers are required to print and post this notice in an area frequented by employees where it may be easily read during the workday.

For all employers in the city of Berkeley, Calif., minimum wage increases to $13.75 and increased paid sick leave requirements also become operative effective Oct. 1, 2017. Detailed information and posting requirements about minimum wage requirements can be found on the City of Berkeley’s website. As part of paid sick leave requirements, covered employees accrue one paid sick leave hour for every 30 hours worked; the ordinance is silent with regard to front-loaded allowances. For small businesses, which employ fewer than 25 employees, there is a cap of 48 hours per year; for all other businesses, the cap is 72 hours, though employers can set a higher cap or no cap. Accrued but unused leave carries over from year to year — whether calendar or fiscal year — but cannot exceed the cap. Employers who don’t meet the minimum requirements may still be required to update their written paid sick leave policies.

Beginning Sept. 18, employers must use the revised I-9 form with a revision date of 07/17/17 N. From July 17–Sept. 17, they are permitted to use the previous form with a date of 11/14/16 N. The new version brings very subtle changes to the form’s instructions and a list of acceptable documents, which were created with the goal of making the form easier to navigate. Current storage and retention rules have not changed. Visit the United States Citizenship and Immigration Services website at uscis.gov/I-9.

With some exceptions, new dental facilities opened on or after June 14, 2017 (does not include purchase of existing dental facility) must install an amalgam separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

PSL law will apply to employers with 25 or fewer employees as of July 1, 2017. The Los Angeles PSL ordinance contains different provisions than the state PSL law; employers within the city limits must comply with both state and local law. For each provision, protection or benefit, employers must provide whichever is more generous to the employee. Employers must also update their PSL policies accordingly.

Under AB 2337, California employers with 25 or more employees must provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking. The notice should be provided to new employees and to other employees by request. The notice can be downloaded from the Department of Industrial Relations.

Dental facilities with amalgam separators on June 14, 2017 must replace that separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

The California Department of Industrial Relations (DIR) has updated Wage Order 4-2001 to reflect the 2017 and 2018 increases in the state minimum wage. The DIR amended sections 4(A) and 10(C), which also reflect updated meal and lodging credit amounts. The correct industry Wage Order bears a revision date of “12/2016,” which is found on the bottom of the cover page for each Wage Order. Although the Wage Orders are dated 12/2016, they were just released by the DIR. Please note: this change comes after the 2017-18 CDA Required Poster Set printing. Each employer/practice owner is required to print and post the updated Wage Order over the top of the old Wage Order contained in the Required Poster Set. The Required Poster Sets will not be reprinted to reflect this change until the next print cycle in 2019.

CURES 1.0 will be discontinued on March 5, 2017, meaning prescribing health care practitioners will only be able to access CURES 2.0. The change stems from security concerns, so practitioners will need to update their browsers accordingly.

Effective March 1, 2017 all single-occupancy restrooms in any business establishment, place of public accommodation, or government agency need to be identified as "all gender" and be universally accessible. The bathrooms to which this law applies are toilet facilities with no more than one water closet and one urinal and with a locking mechanism controlled by the user. Therefore, employers and practice owners should change signage used for single-user restrooms to comply with the law. It is important to note that not every “all-gender” sign available for purchase complies with California law. The state requires the all-gender sign to have a geometric symbol on the door that is an equilateral triangle superimposed onto a circle. No other pictogram, text, or braille is required on the symbol. 

Practice owners who are hiring or planning to hire new employees must use the new Employment Eligibility Verification Form I-9. As of Jan. 21, 2017, all previous versions of the form will become invalid. The new form is designed to be easier to use. It clarifies several points of confusion for employers, and includes embedded instructions for completing fields. The new form can be accessed via the U.S. Citizenship and Immigration Services website.

The minimum wage for a large employer with 26 or more employees in California will increase from $10 per hour to $10.50 per hour, and employers with 25 or fewer employees will remain at $10.00 until Jan. 1, 2018. 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.

Employers with 10 or more employees must register with the Employment Development Department's e-Services for Business and file all wage reports and employment tax returns and pay all contributions for unemployment insurance premiums electronically. All employers will be required to register and file under this new law beginning Jan. 1, 2018.

CDT 2017 is the newest version of the American Dental Association’s code on dental procedures and nomenclature. Dentists must now use the new dental codes. There are 11 new procedure codes, 5 code revisions and 1 code deletion.

Written informed consent forms for the sedation/anesthesia of a minor patient must now include specific language. CDA has updated the forms to reflect the change. The language is as follows: “The administration and monitoring of general anesthesia may vary depending on the type of procedure, the type of practitioner, the age and health of the patient, and the setting in which anesthesia is provided. Risks may vary with each specific situation. You are encouraged to explore all the options available for your child’s anesthesia for his or her dental treatment, and consult with your dentist or pediatrician as needed.”

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, Medicare Advantage and CHIP (formerly known as Healthy Families) programs and those who have received Meaningful Use funding are required to comply with new federal nondiscrimination policies. They must post a notice of nondiscrimination, post taglines in the top 15 non-English languages spoken in California and offer free language assistance, and post information regarding grievance procedures for practices with 15 or more employees. Also, they must complete and submit the Assurance of Compliance Form (HHS 690) to the Office of Civil Rights. The form may also be reviewed and electronically submitted through this website.

Dental practices must post the revised Fair Labor Standards Act (FSLA) Minimum Wage Poster, no smaller than 11 inches by 17 inches, as well as the revised Employee Polygraph Protection Act (EPPA) Poster.

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, Medicare Advantage and CHIP (formerly known as Healthy Families) programs and those who have received Meaningful Use funding are required to comply with new federal anti-discrimination policies. They must provide interpreters or translators to patients with limited English proficiency, ensure accessible online appointment systems and billing, ensure employee health plans are in compliance with anti-discrimination laws, and comply with standards concerning dental facility alterations or new construction.

Dentists contracted with dental plans must respond to a plan's request for accurate directory information within 30 days or face payment delays, reimbursement reductions or, ultimately, termination of their participating provider agreement. Dental practices are required to provide timely practice updates, including practice address, license number, and other information.

All prescribers in California with U.S. Drug Enforcement Administration registrations are required to register to access California's prescription drug monitoring program, known as CURES 2.0.

Each individual licensed or permitted by the Dental Board of California or the Dental Hygiene Committee of California must submit an email address to the Dental Board. Send an email to dentalboard@dca.ca.gov, using the subject line "Electronic Mail Address Requirement" and include in the body of the email the individual's name, license type, license number and email address. The electronic mail address shall be considered confidential and not subject to public disclosure.