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Dental Board initiates rulemaking to update infection‑control regulations; broad stakeholder input sought
Summary
The Dental Board approved staff’s proposed regulatory text to update CCR Title 16 §1005 (infection control), authorized submission to the Dental Hygiene Board for concurrence, and directed staff to proceed with the rulemaking process pending public comment.
The Dental Board of California voted to initiate rulemaking to update California Code of Regulations, Title 16, section 1005 (minimum standards for infection control) and to pursue interagency concurrence with the Dental Hygiene Board of California.
Board staff and a joint working group presented a revised regulatory package (Attachment 2) that consolidates years of stakeholder comments and technical edits. Staff described the package as a comprehensive modernization of infection‑control rules, reflecting current infection‑prevention science, clarifying responsibilities for dental practices and mobile units, and addressing instrument processing, dental unit waterline flushing, personal protective equipment, and recordkeeping.
Why it matters: Board and hygiene‑board staff said these regulations are among the most consequential in dental practice for patient and worker safety. Board regulatory counsel recommended advancing the package into the formal 45‑day public comment period rather than delay further, so the public‑comment record can surface technical edits that staff and counsel will consider.
Public comments and edits: During the council and board discussions, stakeholders raised line‑level edits for clarity. The Alliance recommended small wording changes (for example, prefer “cleaned and disinfected” to “washed with soap and water” for reusable eye protection; harmonize utility‑glove language across subsections; change required dental unit waterline flushing to “before each patient” rather than “after each patient”; and revisit the suggested frequency of regulatory review). Board regulatory counsel said most such edits can be addressed in the public comment period and flagged that the Office of Administrative Law will review final text for form and legality.
Board action and vote: The board adopted a motion to approve the proposed regulatory text in Attachment 2, to submit it to the Dental Hygiene Board of California for review and reconsideration, and—if the hygiene board concurs—to submit the text to the Department of Consumer Affairs director and proceed with standard rulemaking steps (45‑day comment period, public hearing if requested, and final adoption). The motion authorized the executive officer to make nonsubstantive edits and complete the rulemaking process. The motion was moved by Dr. Felsenfeld and seconded; the board approved the motion on roll call.
What happens next: The package will be posted for the 45‑day public comment period. Staff and counsel expect additional line edits and will coordinate with the Dental Hygiene Board and stakeholders to resolve them before submitting the final rulemaking record to the Office of Administrative Law.
Ending: Board counsel urged timely action to begin the public‑comment process so the regulations can be modernized without further delay; stakeholders agreed to submit suggested edits in writing so staff can address them in the formal rulemaking record.
