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Board approves clarifying amendments and application form for RDHAP physical facility registration (16 CCR §1116.5)
Summary
The board approved revised regulatory text and an updated application clarifying when an RDHAP registering a physical facility must meet ADA, toilet and AED requirements, and when those requirements are not applicable for portable equipment storage.
The Dental Hygiene Board approved amendments to 16 California Code of Regulations section 1116.5 and an updated application form clarifying registration requirements for registered dental hygienists in alternative practice (RDHAP) who maintain physical facilities or only store portable equipment.
The legislation and regulatory committee voted to authorize staff to proceed with rulemaking; the motion directed staff to submit the proposed text and form to the Department of Consumer Affairs and to the Business, Consumer Services and Housing Agency for review.
Board staff explained the changes were intended to remove confusion about whether an RDHAP who maintains portable equipment but does not treat patients at a fixed location must meet full facility requirements such as ADA access, onsite toilet facilities or an automated external defibrillator (AED). The approved amendment clarifies that RDHAPs who only maintain portable equipment and do not provide treatment at a fixed facility are exempt from certain subsections (c), (e) and (g) of the regulation. The amendment also clarifies that an RDHAP who does not administer local anesthesia is not required to have a self‑contained emergency oxygen unit for the facility registration.
Kirsten Anderson and other public commenters raised practical concerns about obtaining prescriptions or sourcing oxygen and AED equipment, noting RDHAPs may have difficulty securing prescriptions to purchase devices in rural settings. Board staff and the committee noted the legislative origin of some requirements (for example, oxygen for local anesthesia) and advised that any change to prescriptive authority would require statutory change.
Motion language authorized technical, non‑substantive edits and directed staff to begin the rulemaking process; the committee approved and the full board recorded an aye vote.
