Bill Text: CA AB1552 | 2023-2024 | Regular Session | Amended

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Bill Title: Healing arts: foreign dental schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1552 Detail]

Download: California-2023-AB1552-Amended.html

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Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1552

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Introduced by Assembly Member Reyes

February 17, 2023

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An act to amend Section 22584 of the Business and Professions Code, relating to privacy. Section 1634.1 of, and to amend and repeal Section 1636.4 of, the Business and Professions Code, relating to healing arts.

LEGISLATIVE COUNSEL'S DIGEST

AB 1552, as amended, Reyes. Student privacy: online personal information. Healing arts: foreign dental schools.

Existing law, the Dental Practice Act, provides for the licensure and regulation of dentists and dental assistants by the Dental Board of California. Existing law requires the board to grant a license to practice dentistry, and to register as a licensed dentist on the board register, a person who successfully passes a specified examination. Notwithstanding that provision, existing law authorizes the board to grant a license to practice dentistry to an applicant who submits specified information to the board including, among other things, satisfactory evidence of having graduated from a dental school approved by a national accrediting body approved by the board or by the Commission on Dental Accreditation of the American Dental Association.

This bill would remove the authority to grant a license to an applicant who submits evidence of having graduated from a dental school approved by a national accreditation body approved by the board.

Existing law, until January 1, 2024, makes the board responsible for the approval of foreign dental schools based upon standards established by the board, as specified. Existing law authorizes the board to contract with outside consultants or a national professional organization to survey and evaluate foreign dental schools and requires the board to establish a technical advisory group to review and comment on the survey and evaluation of a foreign dental school pursuant to any contract before final action by the board regarding certification of the foreign dental school. Existing law provides that any foreign dental school that wishes to be approved to apply to the board. Existing law requires that periodic surveys and evaluations of all approved schools be made to ensure continued compliance with these provisions. Existing law requires a school to pay a registration fee or a renewal fee, as applicable. Exiting law requires a fully approved school to submit a renewal application every 7 years and specifies that an approval that is not renewed automatically expires.

This bill would delete the January 1, 2024, repeal date, thereby making the provisions described above operative indefinitely.

Existing law prohibits the board, from January 1, 2020, until January 1, 2024, from accepting new applications for schools seeking approval as a foreign dental school and instead requires the applicant to successfully complete the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board. Existing law requires that, by January 1, 2024, in order for a school to remain an approved foreign dental school, that it successfully complete the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board.

This bill would delete those provisions.

Existing law, to become operative on January 1, 2024, requires a school seeking approval as a foreign dental school to have successfully completed the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board and specifies that graduates of a foreign dental school whose programs were approved at the time of graduation are eligible for licensure.

This bill would repeal those provisions.

Existing law, known as the Student Online Personal Information Protection Act, prohibits the operator of specified internet websites, online services, online applications, or mobile applications from knowingly engaging in targeted advertising to amass a profile about a K–12 student, selling a student’s information, or disclosing covered information, except as otherwise provided. Existing law requires an operator to implement and maintain reasonable security procedures and practices, and to take specified other actions relating to the protection of a student or parent’s covered information.

This bill would make nonsubstantive changes to those provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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Bill Text

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

SECTION 1.

 Section 1634.1 of the Business and Professions Code is amended to read:

1634.1.

 Notwithstanding Section 1634, the board may grant a license to practice dentistry to an applicant who submits all of the following to the board:

(a) A completed application form and all fees required by the board.

(b) Satisfactory evidence of having graduated from a dental school approved by a national accrediting body approved by the board or by the Commission on Dental Accreditation of the American Dental Association.

(c) Satisfactory evidence of having completed a clinically based advanced education program in general dentistry or an advanced education program in general practice residency that is, at minimum, one year in duration and is accredited by either the Commission on Dental Accreditation of the American Dental Association or a national accrediting body approved by the board. The advanced education program shall include a certification of clinical residency program completion approved by the board, to be completed upon the resident’s successful completion of the program in order to evaluate the resident’s competence to practice dentistry in the state. The certification shall be within two years prior to the date of the resident’s application for a license under this section. Completion of the program shall be within two years prior to the date of their application for a license under this section.

(d) Satisfactory evidence of having successfully completed the written examination of the National Board Dental Examination of the Joint Commission on National Dental Examinations.

(e) Satisfactory evidence of having successfully completed an examination in California law and ethics.

(f) Proof that the applicant has not failed the examination for licensure to practice dentistry under this chapter within five years prior to the date of the resident’s application for a license under this chapter.

SEC. 2.

 Section 1636.4 of the Business and Professions Code, as amended by Section 35 of Chapter 865 of the Statutes of 2019, is amended to read:

1636.4.

 (a) The Legislature recognizes the need to ensure that graduates of foreign dental schools who have received an education that is equivalent to that of accredited institutions in the United States and that adequately prepares their students for the practice of dentistry shall be subject to the same licensure requirements as graduates of approved dental schools or colleges. It is the purpose of this section to provide for the evaluation of foreign dental schools and the approval of those foreign dental schools that provide an education that is equivalent to that of similar accredited institutions in the United States and that adequately prepare their students for the practice of dentistry.

(b) The board shall be responsible for the approval of foreign dental schools based on standards established pursuant to subdivision (d). The board may contract with outside consultants or a national professional organization to survey and evaluate foreign dental schools. The consultant or organization shall report to the board regarding its findings in the survey and evaluation.

(c) (1) The board shall establish a technical advisory group to review and comment upon the survey and evaluation of a foreign dental school contracted for pursuant to subdivision (b), prior to any final action by the board regarding certification of the foreign dental school. The technical advisory group shall be selected by the board and shall consist of four dentists, two of whom shall be selected from a list of five recognized United States dental educators recommended by the foreign school seeking approval. None of the members of the technical advisory group shall be affiliated with the school seeking certification.

(2) If the board does not contract for the evaluation pursuant to subdivision (b), no technical advisory group shall be established and the evaluation team for the schoolsite shall provide its report directly to the board.

(d) Any foreign dental school that wishes to be approved pursuant to this section shall make application to the board for this approval, which shall be based upon a finding that the educational program of the foreign dental school is equivalent to that of similar accredited institutions in the United States and adequately prepares its students for the practice of dentistry. Curriculum, faculty qualifications, student attendance, plant and facilities, and other relevant factors shall be reviewed and evaluated. The board, with the cooperation of the technical advisory group, shall identify by rule the standards and review procedures and methodology to be used in the approval process consistent with this subdivision. The board shall not grant approval if deficiencies found are of such magnitude as to prevent the students in the school from receiving an educational base suitable for the practice of dentistry.

(e) Periodic surveys and evaluations of all approved schools shall be made to ensure continued compliance with this section. Approval shall include provisional and full approval. The provisional form of approval shall be for a period determined by the board, not to exceed three years, and shall be granted to an institution, in accordance with rules established by the board, to provide reasonable time for the school seeking permanent approval to overcome deficiencies found by the board. Prior to the expiration of a provisional approval and before the full approval is granted, the school shall be required to submit evidence that deficiencies noted at the time of initial application have been remedied. A school granted full approval shall provide evidence of continued compliance with this section. In the event that the board denies approval or reapproval, the board shall give the school a specific listing of the deficiencies that caused the denial and the requirements for remedying the deficiencies, and shall permit the school, upon request, to demonstrate by satisfactory evidence, within 90 days, that it has remedied the deficiencies listed by the board.

(f) A school shall pay a registration fee established by rule of the board, not to exceed one thousand dollars ($1,000), at the time of application for approval and shall pay all reasonable costs and expenses the board incurs for the conduct of the approval survey.

(g) The board shall renew approval upon receipt of a renewal application, accompanied by a fee not to exceed five hundred dollars ($500). Each fully approved institution shall submit a renewal application every seven years. Any approval that is not renewed shall automatically expire.

(h)(1)Beginning January 1, 2020, the board shall not accept new applications for schools seeking approval as a foreign dental school and shall instead require the applicant to successfully complete the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board.

(2)An application submitted under this section must be deemed a complete application pursuant to the rules promulgated by the board prior to January 1, 2020, in order to be accepted.

(3)Notwithstanding any other law, a school required to submit a renewal application after January 1, 2020, shall not submit that application and shall be deemed approved until January 1, 2024, subject to the continued compliance of the school as described in subdivision (e).

(i)By January 1, 2024, in order to remain an approved foreign dental school in the state, all schools previously approved by the board as a foreign dental school shall have successfully completed the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board. Graduates of a foreign dental school whose programs were approved at the time of graduation shall be eligible for licensure pursuant to Section 1628.

(j)This section shall remain in effect only until January 1, 2024, and as of that date is repealed.

SEC. 3.

 Section 1636.4 of the Business and Professions Code, as added by Section 36 of Chapter 865 of the Statutes of 2019, is repealed.

1636.4.

(a)The Legislature recognizes the need to ensure that graduates of foreign dental schools who have received an education that is equivalent to that of accredited institutions in the United States and that adequately prepares the students for the practice of dentistry shall be subject to the same licensure requirements as graduates of approved dental schools or colleges. It is the purpose of this section to provide for the evaluation of foreign dental schools and the approval of those foreign dental schools that provide an education that is equivalent to that of similar accredited institutions in the United States and that adequately prepare their students for the practice of dentistry.

(b)Beginning January 1, 2024, a school seeking approval as a foreign dental school shall be required to have successfully completed the international consultative and accreditation process with the Commission on Dental Accreditation of the American Dental Association or a comparable accrediting body approved by the board. Graduates of a foreign dental school whose programs were approved at the time of graduation shall be eligible for licensure pursuant to Section 1628.

(c)This section shall become operative on January 1, 2024.

SECTION 1.Section 22584 of the Business and Professions Code is amended to read:

22584.

(a)For the purposes of this section, “operator” means the operator of an internet website, online service, online application, or mobile application with actual knowledge that the site, service, or application is used primarily for K–12 school purposes and was designed and marketed for K–12 school purposes.

(b)An operator shall not knowingly engage in any of the following activities with respect to their site, service, or application:

(1)(A)Engage in targeted advertising on the operator’s site, service, or application, or (B) target advertising on any other site, service, or application when the targeting of the advertising is based upon any information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of that operator’s site, service, or application described in subdivision (a).

(2)Use information, including persistent unique identifiers, created or gathered by the operator’s site, service, or application, to amass a profile about a K–12 student, except in furtherance of K–12 school purposes.

(3)Sell a student’s information, including covered information. This prohibition does not apply to the purchase, merger, or other type of acquisition of an operator by another entity, provided that the operator or successor entity continues to be subject to the provisions of this section with respect to previously acquired student information.

(4)Disclose covered information unless the disclosure is made:

(A)In furtherance of the K–12 purpose of the site, service, or application, provided the recipient of the covered information disclosed pursuant to this subparagraph:

(i)Shall not further disclose the information unless done to allow or improve operability and functionality within that student’s classroom or school; and

(ii)Is legally required to comply with subdivision (d);

(B)To ensure legal and regulatory compliance;

(C)To respond to or participate in judicial process;

(D)To protect the safety of users or others or security of the site; or

(E)To a service provider, provided the operator contractually (i) prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator, (ii) prohibits the service provider from disclosing any covered information provided by the operator with subsequent third parties, and (iii) requires the service provider to implement and maintain reasonable security procedures and practices as provided in subdivision (d).

(c)Subdivision (b) shall not be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.

(d)An operator shall:

(1)Implement and maintain reasonable security procedures and practices appropriate to the nature of the covered information, and protect that information from unauthorized access, destruction, use, modification, or disclosure.

(2)Delete a student’s covered information if the school or district requests deletion of data under the control of the school or district.

(e)Notwithstanding paragraph (4) of subdivision (b), an operator may disclose covered information of a student, as long as paragraphs (1) to (3), inclusive, of subdivision (b) are not violated, under the following circumstances:

(1)If other provisions of federal or state law require the operator to disclose the information, and the operator complies with the requirements of federal and state law in protecting and disclosing that information.

(2)For legitimate research purposes: (A) as required by state or federal law and subject to the restrictions under applicable state and federal law or (B) as allowed by state or federal law and under the direction of a school, school district, or state department of education, if no covered information is used for any purpose in furtherance of advertising or to amass a profile on the student for purposes other than K–12 school purposes.

(3)To a state or local educational agency, including schools and school districts, for K–12 school purposes, as permitted by state or federal law.

(f)This section does not prohibit an operator from using deidentified student covered information as follows:

(1)Within the operator’s site, service, or application or other sites, services, or applications owned by the operator to improve educational products.

(2)To demonstrate the effectiveness of the operator’s products or services, including in their marketing.

(g)This section does not prohibit an operator from sharing aggregated deidentified student covered information for the development and improvement of educational sites, services, or applications.

(h)“Online service” includes cloud computing services, which must comply with this section if they otherwise meet the definition of an operator.

(i)“Covered information” means personally identifiable information or materials, in any media or format that meets any of the following:

(1)Is created or provided by a student, or the student’s parent or legal guardian, to an operator in the course of the student’s, parent’s, or legal guardian’s use of the operator’s site, service, or application for K–12 school purposes.

(2)Is created or provided by an employee or agent of the K–12 school, school district, local education agency, or county office of education, to an operator.

(3)Is gathered by an operator through the operation of a site, service, or application described in subdivision (a) and is descriptive of a student or otherwise identifies a student, including, but not limited to, information in the student’s educational record or email, first and last name, home address, telephone number, email address, or other information that allows physical or online contact, discipline records, test results, special education data, juvenile dependency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, documents, student identifiers, search activity, photos, voice recordings, or geolocation information.

(j)“K–12 school purposes” means purposes that customarily take place at the direction of the K–12 school, teacher, or school district or aid in the administration of school activities, including, but not limited to, instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or are for the use and benefit of the school.

(k)This section shall not be construed to limit the authority of a law enforcement agency to obtain any content or information from an operator as authorized by law or pursuant to an order of a court of competent jurisdiction.

(l)This section does not limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes.

(m)This section does not apply to general audience internet websites, general audience online services, general audience online applications, or general audience mobile applications, even if login credentials created for an operator’s site, service, or application may be used to access those general audience sites, services, or applications.

(n)This section does not limit internet service providers from providing internet connectivity to schools or students and their families.

(o)This section shall not be construed to prohibit an operator of an internet website, online service, online application, or mobile application from marketing educational products directly to parents so long as the marketing did not result from the use of covered information obtained by the operator through the provision of services covered under this section.

(p)This section does not impose a duty upon a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance of this section on those applications or software.

(q)This section does not impose a duty upon a provider of an interactive computer service, as defined in Section 230 of Title 47 of the United States Code, to review or enforce compliance with this section by third-party content providers.

(r)This section does not impede the ability of students to download, export, or otherwise save or maintain their own student created data or documents.