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Board committee approves amended RDHAP facility registration language; public raises AED and oxygen access concerns
Summary
The board's Legislation and Regulatory Committee approved amended language and a revised application form for RDHAP physical facility registration (16 CCR 1116.5), clarifying that portability-only registrations are exempt from some physical-facility requirements.
The Dental Hygiene Board of California's Legislation and Regulatory Committee voted March 21, 2025 to approve amended regulatory language and a revised form for RDHAP physical facility registration (16 CCR 1116.5) and directed staff to submit the package for review by the Department of Consumer Affairs and other agencies as part of the rulemaking process.
Doctor Adena Petty explained the proposed amendments clarify differences between RDHAPs who maintain a fixed physical facility where patients are treated and RDHAPs who merely store or maintain portable equipment at a location but do not see patients there. The draft inserts language stating that subsections requiring toilet facilities, Americans with Disabilities Act access and an automated external defibrillator (AED) would not apply to RDHAPs who only maintain portable equipment and do not treat patients at that location. It also added a checkbox on the application form to mark registration as "portable equipment" and clarified that provisions tied to administering local anesthesia apply only if the RDHAP administers local anesthesia.
Committee member Michael Long moved that the committee recommend to the full board approval of the amended language and form. The motion passed on a roll call vote; the committee authorized the executive officer to submit the text for the 45'day public comment period, make nonsubstantive edits, and proceed to a hearing if requested.
Public commenters raised implementation questions. Several RDHAPs and program representatives said the practical effect of the AED and portable oxygen requirements needs clarification because AEDs and medical oxygen may require prescriptions or medical oversight to purchase and maintain in some settings. Kirsten Anderson, an RDHAP in a rural area, said RDHAPs sometimes lack an accessible dentist or physician who can write a prescription for oxygen, and Brenda Lee and others said AEDs and oxygen impose cost and access barriers for providers working in remote settings.
Board staff and committee members said the oxygen requirement stems from prior statutory changes (SB 534) and that changes to prescription authority would require legislative action; staff also noted that manufacturers and suppliers provide pathways to acquire AEDs and that procurement practices were described in existing materials on the board website. The committee preserved the AED and oxygen requirements in the proposed package while clarifying applicability for portable'equipment'only registrants.
The committee then authorized staff to transmit the rulemaking package to the Department of Consumer Affairs for processing. If no adverse comments are received during the 45'day public comment period, staff may finalize the rulemaking; if adverse comments arrive, the committee may reconvene and consider revisions.
What to watch for: The public comment period will provide additional input on AED and oxygen implementation; commenters requested guidance on obtaining prescriptions and reducing access barriers for rural RDHAPs.
