Regulatory Compliance

Dental practice, environment & radiation, infection control, Cal/OSHA and HIPAA.

Multiple state and federal agencies are charged with regulating dental practices. Keep on top of the compliance process by downloading our versatile and customizable resources.

SORT

Regulatory Compliance Manual: Table of Contents and Use Instructions

Review the instructions for recommendations on how to best implement this program in your practice. Also download a table of contents for your binder.

Injury and Illness Prevention Plan

Customize sample plan to describe how the practice complies with safe work practices, communicates with staff and more. This resource is part of the Regulatory Compliance Manual. Updated Dec. 2022

Instrument Processing Protocol

Use this sample form to describe the practice’s sterilization protocol, as required by the Dental Board. This resource is part of the Regulatory Compliance Manual. Updated May 2014.

Introduction to Hand Hygiene

Intro to Hand Hygiene to help protect you and your patients.

Jan 26, 2022: CE Completion Deadline for Individuals Whose License Expired March 2020 – Sept 2021

Dentists, registered dental assistants and registered dental hygienists whose active license expire in the period March 31, 2020 to Sept 30, 2021 are granted an extension of time to complete continuing education required for license renewal. The CE must be completed by Jan 26, 2022. Read more in this DCA order

Jan. 1, 2016: Display whistleblower, injury posters

Dental practices must post California's Whistleblower Protection notice, printed no smaller than 8.5 inches by 14 inches, as well as Notice to Employees – Injuries Caused by Work, in both English and Spanish if dentists have Spanish-speaking employees.

Jan. 1, 2017: Implement new minimum wage

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.

Jan. 1, 2017: Register to file and pay with EDD

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.

Jan. 1, 2017: Use revised CDT codes

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.

Jan. 1, 2017: Use updated informed consent forms

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.”

Jan. 1, 2022: New Anesthesia and Sedation Permits

Senate Bill 501, which changed requirements to hold general anesthesia and sedation permits, took effect. Any holder of a general anesthesia, conscious sedation or oral conscious sedation for minors permit is required to apply for a new permit once their current permit expires after Jan. 1, 2022. Implementing regulations and permit applications became available in August 2022. See the news article for more information.

Jan. 1, 2023: New C.E. Requirements

New C.E. requirements include a mandated opioid course for dentists and new activity eligible for earning C.E. credit. For more information see “Continuing Education Requirements and FAQ.”

Jan. 21, 2017: Employers must use updated Form I-9

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.

January 1, 2019: Amendments to clarify ambiguities to salary history ban law

The new law amends the Labor Code to specify that an employer may now ask for an applicant’s salary expectations for the position being applied for, only external applicants (not current employees) and are entitled to request a pay scale for the position they are applying for, but only after completing an initial interview. The pay scale provided only needs to include salary and hourly wage ranges. AB 2282

January 1, 2019: Enroll in or opt out of Medicare

Dentists who order or provide Medicare-covered items and services (clinical laboratory services, imaging services or durable medical equipment, prosthetics, orthotics and supplies) will need to either enroll in Medicare using form CMS-855-I (PDF) or the shorter enrollment form CMS-855-O (PDF) or formally opt out of Medicare by Jan. 1, 2019. To assure one's status with Medicare and that patients' Medicare benefits do not lapse, dentists should allow sufficient time for processing whichever form is submitted. Learn more about enrollment requirements by visiting the ADA’s Facts and FAQ on Medicare.

January 1, 2019: Implement new minimum wage increases

The minimum wage for a large employer with 26 or more employees in California will increase from $11 per hour to $12 per hour, and employers with 25 or fewer employees will increase from $10.50 per hour to $11 per hour on Jan. 1, 2019. 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.

January 1, 2019: Mandatory opioid prescription discussion with minor or minor’s parent

Beginning Jan. 1, 2019, a prescriber is required to discuss the following with a minor or the minor’s parent or guardian before issuing the first opioid prescription in a single course of treatment:

  1. The risks of addiction and overdose associated with the use of opioids.
  2. The increased risk of addiction to an opioid to an individual suffering from both mental and substance-abuse disorders.
  3. The danger of taking an opioid with benzodiazepine, alcohol or another central nervous system depressant.

A new informed consent form, Consent to Prescribe Opioid to a Minor, (Spanish version) has been developed and is available on the TDIC and CDA Practice Support websites.

January 1, 2019: New infection control standard for procedures that expose dental pulp

When performing procedures on exposed dental pulp, water or other methods used for irrigation must be “sterile or contain recognized disinfecting or antibacterial properties.”

January 1, 2019: Prescriber obligation to prescribe and educate on naloxone use

As of Jan. 1, 2019, a prescriber must offer a patient a prescription for naloxone hydrochloride or other FDA-approved drugs for the complete or partial reversal of opioid depression when one or more of the following conditions are present:

  1. The prescription dosage for the patient is 90 or more morphine milligrams equivalent of an opioid medication per day. (See this CDC document on how to calculate MME.)
  2. Opioid medication is prescribed concurrently with a prescription for benzodiazepine.
  3. The patient presents with an increased risk for overdose, including a patient with a history of overdose, a patient with a history of substance use disorder or a patient at risk for returning to a high dose of opioid medication to which the patient is no longer tolerant.

Additionally, a prescriber must provide education to a patient, or the patient’s guardian if the patient is a minor, receiving a prescription per the above circumstance on overdose prevention and the use of naloxone hydrochloride or other FDA-approved drugs for the complete or partial reversal of opioid depression. AB 2760

January 1, 2019: Update standard mileage reimbursement rate for 2019 (released by Internal Revenue Service)

See the IRS’s press release. For business expense reimbursement, the 2019 rate is $0.58 per mile. That’s up $0.035 from last year. California employers need to reimburse such common expenses as work-related travel, dining expenses and mileage when an employee uses a personal car for work-related business. However, employees who can prove they spend more than $0.58 per mile to operate their personal vehicles for business use may be entitled to reimbursement of the actual expense. It’s up to the employees to prove their expenses, however.

January 1, 2019: Updated Lactation Accommodation location requirements

Section 1031 of the Labor Code has now been updated to specify that employers should provide a location other than a bathroom. Employers must make reasonable efforts to provide the employee the use of a room, other than a bathroom, in close proximity to the employees work area to express milk in private. Employers should update their employee policy to reflect the new
lactation accommodation requirements. Sample Employee Manual (Doc)

January 1, 2019: Warning notice required on opioid container

SB 1109  requires a warning notice be prominently displayed on the label or container of an opioid dispensed to a patient for outpatient use. The notice must state: "Caution. Opioid. Risk of overdose and addiction." The law requires the notice be displayed "by means of a flag or other notification mechanism attached to the container."

January 1, 2020: New minimum wage requirements, increases for CA, some cities

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.

January 1, 2020: Updated sedation/anesthesia consent form required

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.

January 1, 2021 AB 685 Required notification to employees of exposure; local health department of outbreak in the workplace

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.

January 1, 2021 California Family Rights Act leave benefits become available to employees of small businesses of five or more 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.

January 1, 2021: Controlled substances prescription form must have a unique serial number

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.

1234569