Download RDHAP LAW AND ETHICS EVALUATION EXAMS QUESTIONS AND SOLUTIONS 2025/2026 GRADED A+ and more Exams Business and Labour Law in PDF only on Docsity!
RDHAP LAW AND ETHICS EVALUATION EXAMS
QUESTIONS AND SOLUTIONS 2025/2026 GRADED A+
✔✔"Care custodian" means - ✔✔An administrator or an employee of any of the following public or private facilities or agencies, or persons providing care or services for elders or dependent adults, including members of the support staff and maintenance staff: (a) Twenty-four-hour health facilities, as defined in Sections 1250, 1250.2, and 1250. of the Health and Safety Code. (b) Clinics. (c) Home health agencies. (d) Agencies providing publicly funded in-home supportive services, nutrition services, or other home and community-based support services. (e) Adult day health care centers and adult day care. (f) Secondary schools that serve 18- to 22-year-old dependent adults and postsecondary educational institutions that serve dependent adults or elders. (g) Independent living centers. (h) Camps. (i) Alzheimer's Disease day care resource centers. (j) Community care facilities, as defined in Section 1502 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (k) Respite care facilities. (l) Foster homes. ✔✔"Clergy member" means - ✔✔A priest, minister, rabbi, religious practitioner, or similar functionary of a church, synagogue, temple, mosque, or recognized religious denomination or organization. "Clergy member" does not include unpaid volunteers whose principal occupation or vocation does not involve active or ordained ministry in a church, synagogue, temple, mosque, or recognized religious denomination or organization, and who periodically visit elder or dependent adults on behalf of that church, synagogue, temple, mosque, or recognized religious denomination or organization.
✔✔"Clients' rights advocate" means - ✔✔The individual or individuals assigned by a regional center or state hospital developmental center to be responsible for clients' rights assurance for persons with developmental disabilities. ✔✔"Dependent adult" means - ✔✔A person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age. (b) "Dependent adult" includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. ✔✔"Developmentally disabled person" means - ✔✔A person with a developmental disability specified by or as described in subdivision (a) of Section 4512. ✔✔"Elder" means - ✔✔Any person residing in this state, 65 years of age or older. ✔✔(a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following: - ✔✔(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.
certified, or funded under Part 2 (commencing with Section 11760) of Division 10.5 of the Health and Safety Code. ✔✔"Imminent danger" means - ✔✔a substantial probability that an elder or dependent adult is in imminent or immediate risk of death or serious physical harm, through either his or her own action or inaction, or as a result of the action or inaction of another person. ✔✔"Investigation" means - ✔✔that activity undertaken to determine the validity of a report of elder or dependent adult abuse. ✔✔"Isolation" means any of the following: - ✔✔(1) Acts intentionally committed for the purpose of preventing, and that do serve to prevent, an elder or dependent adult from receiving his or her mail or telephone calls. (2) Telling a caller or prospective visitor that an elder or dependent adult is not present, or does not wish to talk with the caller, or does not wish to meet with the visitor where the statement is false, is contrary to the express wishes of the elder or the dependent adult, whether he or she is competent or not, and is made for the purpose of preventing the elder or dependent adult from having contact with family, friends, or concerned persons. (3) False imprisonment, as defined in Section 236 of the Penal Code. (4) Physical restraint of an elder or dependent adult, for the purpose of preventing the elder or dependent adult from meeting with visitors. (b) The acts set forth in subdivision (a) shall be subject to a rebuttable presumption that they do not constitute isolation if they are performed pursuant to the instructions of a physician and surgeon licensed to practice medicine in the state, who is caring for the elder or dependent adult at the time the instructions are given, and who gives the instructions as part of his or her medical care. (c) The acts set forth in subdivision (a) shall not constitute isolation if they are performed in response to a reasonably perceived threat of danger to property or physical safety. ✔✔"Local law enforcement agency" means - ✔✔a city police or county sheriff's department, or a county probation department, except persons who do not work directly with elders or dependent adults as part of their official duties, including members of support staff and maintenance staff. ✔✔"Long-term care facility" means any of the following: - ✔✔(a) Any long-term health care facility, as defined in subdivision (a) of Section 1418 of the Health and Safety Code.
(b) Any community care facility, as defined in paragraphs (1) and (2) of subdivision (a) of Section 1502 of the Health and Safety Code, whether licensed or unlicensed. (c) Any swing bed in an acute care facility, or any extended care facility. (d) Any adult day health care facility as defined in subdivision (b) of Section 1570.7 of the Health and Safety Code. (e) Any residential care facility for the elderly as defined in Section 1569.2 of the Health and Safety Code. ✔✔"Long-term care ombudsman" means - ✔✔The State Long-Term Care Ombudsman, local ombudsman coordinators, and other persons currently certified as ombudsmen by the Department of Aging as described in Chapter 11 (commencing with Section 9700) of Division 8.5. ✔✔"Mental suffering" means - ✔✔Fear, agitation, confusion, severe depression, or other forms of serious emotional distress that is brought about by forms of intimidating behavior, threats, harassment, or by deceptive acts performed or false or misleading statements made with malicious intent to agitate, confuse, frighten, or cause severe depression or serious emotional distress of the elder or dependent adult. ✔✔"Multidisciplinary personnel team" means - ✔✔any team of two or more persons who are trained in the prevention, identification, management, or treatment of abuse of elderly or dependent adults and who are qualified to provide a broad range of services related to abuse of elderly or dependent adults. ✔✔A multidisciplinary personnel team may include, but need not be limited to, any of the following: - ✔✔(1) Psychiatrists, psychologists, or other trained counseling personnel. (2) Police officers or other law enforcement agents. (3) Medical personnel with sufficient training to provide health services. (4) Social workers with experience or training in prevention of abuse of elderly or dependent adults. (5) Public guardians. (6) The local long-term care ombudsman. (7) Child welfare services personnel.
(5) Incest, as defined in Section 285 of the Penal Code. (6) Sodomy, as defined in Section 286 of the Penal Code. (7) Oral copulation, as defined in Section 287 or former Section 288a of the Penal Code. (8) Sexual penetration, as defined in Section 289 of the Penal Code. (9) Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code. ✔✔Use of a physical or chemical restraint or psychotropic medication under any of the following conditions: - ✔✔(1) For punishment. (2) For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given. (3) For any purpose not authorized by the physician and surgeon. ✔✔"Reasonable suspicion" means - ✔✔an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse. ✔✔A licensee who changes their physical address of record or email address shall notify the dental hygiene board within - ✔✔30 days of the change. ✔✔A licensee who changes their legal name shall provide the dental hygiene board with documentation of the change within - ✔✔10 days ✔✔If not renewed, a license issued under the provisions of this article, unless specifically excepted, expires at - ✔✔12 midnight on the last day of the month of the legal birth date of the licensee during the second year of a two-year term. To renew an unexpired license, the licensee shall, before the time at which the license would otherwise expire, apply for renewal on a form prescribed by the dental hygiene board and pay the renewal fee prescribed by this article. ✔✔Except as otherwise provided in this article, an expired license may be renewed at any time within - ✔✔five years after its expiration by filing an application for renewal on a form prescribed by the dental hygiene board and payment of all accrued renewal and delinquency fees
✔✔If the license is renewed after its expiration, the licensee, as a condition precedent of renewal, shall - ✔✔also pay the delinquency fee prescribed by this article. Renewal under this section shall be effective on the date on which the application is filed, on the date on which the renewal fee is paid, or on the date on which the delinquency fee, if any, is paid, whichever last occurs. If so renewed, the license shall continue in effect until the expiration date provided in Section 1935 that next occurs after the effective date of the renewal. ✔✔True or False A license issued under this article and a license issued under this chapter to a registered dental hygienist, to a registered dental hygienist in alternative practice, or to a registered dental hygienist in extended functions may be revoked or suspended by the dental hygiene board for any reason specified in this article for the suspension or revocation of a license to practice dental hygiene. - ✔✔True ✔✔A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board for - ✔✔unprofessional conduct, incompetence, gross negligence, repeated acts of negligence in the licensee's profession, receiving a license by mistake, or for any other cause applicable to the licentiate provided in this article. The proceedings under this article shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and the dental hygiene board shall have all the powers granted therein. ✔✔True or False A licensee may have their license revoked or suspended, or may be reprimanded or placed on probation by the dental hygiene board, for conviction of a crime substantially related to the licensee's qualifications, functions, or duties. The record of conviction or a copy certified by the clerk of the court or by the judge in whose court the conviction occurred shall be conclusive evidence of conviction. - ✔✔True ✔✔True or False The dental hygiene board shall undertake proceedings under this section upon the receipt of a certified copy of the record of conviction. A plea or verdict of guilty or a conviction following a plea of nolo contendere made to a charge of a felony or of any misdemeanor substantially related to the licensee's qualifications, functions, or duties is deemed to be a conviction within the meaning of this section. - ✔✔True ✔✔The dental hygiene board may reprimand a licensee or order a license suspended or revoked, or placed on probation or may decline to issue a license, when any of the following occur: - ✔✔(1) The time for appeal has elapsed.
✔✔True or False A permit issued under this section may be revoked or suspended if the dental hygiene board finds that any requirement for original issuance of a permit is no longer being fulfilled by the permitholder. Proceedings for revocation or suspension shall be governed by the Administrative Procedure Act (Chapter 5 (commencing with Section
- of Part 1 of Division 3 of Title 2 of the Government Code). - ✔✔True ✔✔True or False If charges of unprofessional conduct are filed against the holder of a permit issued under this section, or a member of an association, partnership, group, or corporation to whom a permit has been issued under this section, proceedings shall not be commenced for revocation or suspension of the permit until a final determination of the charges of unprofessional conduct, unless the charges have resulted in revocation or suspension of a license. - ✔✔True ✔✔"Standard precautions": - ✔✔are a group of infection prevention practices that apply to all patients, regardless of suspected or confirmed infection status, in any setting in which healthcare is delivered. These include hand hygiene, use of gloves, gown, mask, eye protection, or face shield, depending on the anticipated exposure, and safe handling of sharps. Standard precautions shall be used for care of all patients regardless of their diagnoses or personal infectious status. ✔✔"Critical items" are - ✔✔confer a high risk for infection if they are contaminated with any microorganism. These include all instruments, devices, and other items used to penetrate soft tissue or bone. ✔✔"Semi-critical items" are - ✔✔instruments, devices and other items that are not used to penetrate soft tissue or bone, but contact oral mucous membranes, non-intact skin or other potentially infectious materials (OPIM). ✔✔"Non-critical items" are - ✔✔instruments, devices, equipment, and surfaces that come in contact with soil, debris, saliva, blood, OPIM and intact skin, but not oral mucous membranes. ✔✔"Low-level disinfection" is - ✔✔the least effective disinfection process. It kills some bacteria, some viruses and fungi, but does not kill bacterial spores or mycobacterium tuberculosis var bovis, a laboratory test organism used to classify the strength of disinfectant chemicals. ✔✔"Intermediate-level disinfection" kills - ✔✔mycobacterium tuberculosis var bovis indicating that many human pathogens are also killed. This process does not necessarily kill spores
✔✔"High-level disinfection" kills some, but not necessarily all - ✔✔bacterial spores. This process kills mycobacterium tuberculosis var bovis, bacteria, fungi, and viruses ✔✔"Germicide" is a - ✔✔chemical agent that can be used to disinfect items and surfaces based on the level of contamination. ✔✔"Sterilization" is a - ✔✔a validated process used to render a product free of all forms of viable microorganisms. ✔✔. "Cleaning" is the - ✔✔removal of visible soil (e.g., organic and inorganic material) debris and OPIM from objects and surfaces and shall be accomplished manually or mechanically using water with detergents or enzymatic products ✔✔"Personal Protective Equipment" (PPE) - ✔✔is specialized clothing or equipment worn or used for protection against a hazard. PPE items may include, but are not limited to, gloves, masks, respiratory devices, protective eyewear and protective attire which are intended to prevent exposure to blood, body fluids, and OPIM, and chemicals used for infection control. General work attire such as uniforms, scrubs, pants and shirts, are not considered to be PPE. ✔✔. "Other Potentially Infectious Materials" (OPIM) means any one of the following: - ✔✔Human body fluids such as saliva in dental procedures and any body fluid that is visibly contaminated with blood, and all body fluids in situations where it is difficult or impossible to differentiate between body fluids. Any unfixed tissue or organ (other than intact skin) from a human (living or dead). Any of the following, if known or reasonably likely to contain or be infected with HIV, HBV, or HCV: ✔✔As a condition of renewal, all licensees are required to complete continuing education as follows: - ✔✔(1) Two units of continuing education in Infection Control specific to California regulations as defined in section 1016(b)(1)(A). (2) Two units of continuing education in the California Dental Practice Act and its related regulations as defined in section 1016(b)(1)(B). (3) A maximum of four units of a course in Basic Life Support as specified in section 1016(b)(1)(C) ✔✔How many Ce unit do RDH and RDHAPs need? - ✔✔25 units. 35 units. ✔✔Notwithstanding any other provisions of this code, tape recorded courses, home study materials, video courses, and computer courses are considered correspondence
Current and active licensees enrolled in a full‐time educational program in the field of dentistry, including dental school program, residency program, postdoctoral specialty program, dental hygiene school program, dental hygiene in alternative practice program, or registered dental assisting in extended functions program approved by the Board or the ADA Commission on Dental Accreditation shall be granted continuing education credits for completed curriculum during that renewal period. In the event of audit, licensees shall be required to present school transcripts to the Board as evidence of enrollment and course completion. - ✔✔True ✔✔It is a misdemeanor for any person to engage in any conduct which subverts or attempts to subvert any licensing examination or the administration of an examination, including, but not limited to: - ✔✔(a) Conduct which violates the security of the examination materials; removing from the examination room any examination materials without authorization; the unauthorized reproduction by any means of any portion of the actual licensing examination; aiding by any means the unauthorized reproduction of any portion of the actual licensing examination; paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination; obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination; or using or purporting to use any examination questions or materials which were improperly removed or taken from any examination for the purpose of instructing or preparing any applicant for examination; or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination. (b) Communicating with any other examinee during the administration of a licensing examination; copying answers from another examinee or permitting one's answers to be copied by another examinee; having in one's possession during the administration of the licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one's possession during the examination; or impersonating any examinee or having an impersonator take the licensing examination on one's behalf. Nothing in this section shall preclude prosecution under the authority provided for in any other provision of law. In addition to any other penalties, a person found guilty of violating this section, shall be liable for the actual damages sustained by the agency adm ✔✔Whenever any person has engaged, or is about to engage, in any acts or practices which constitute, or will constitute, a violation of Section 123, the superior court in and for the county wherein the acts or practices take place, or are about to take place, may issue an - ✔✔injunction, or other appropriate order, restraining such conduct on application of a board, the Attorney General or the district attorney of the county.
✔✔Unprofessional conduct by a person licensed under this article is defined as, but is not limited to, any one of the following: - ✔✔(a) The obtaining of any fee by fraud or misrepresentation. (b) The aiding or abetting of any unlicensed person to practice dentistry or dental hygiene. (c) The aiding or abetting of a licensed person to practice dentistry or dental hygiene unlawfully. (d) The committing of any act or acts of sexual abuse, misconduct, or relations with a patient that are substantially related to the practice of dental hygiene. (e) The use of any false, assumed, or fictitious name, either as an individual, firm, corporation, or otherwise, or any name other than the name under which the person is licensed to practice, in advertising or in any other manner indicating that the person is practicing or will practice dentistry, except the name specified in a valid permit issued pursuant to Section 1962. (f) The practice of accepting or receiving any commission or the rebating in any form or manner of fees for professional services, radiographs, prescriptions, or other services or articles supplied to patients. (g) The making use by the licensee or any agent of the licensee of any advertising statements of a character tending to deceive or mislead the public. (h) The advertising of either professional superiority or the advertising of performance of professional services in a superior manner. This subdivision shall not prohibit advertising permitted by subdivision (h) of Section 651. (i) The employing or the making use of solicitors. (j) Advertising in violation of Section 651. (k) Advertising to guarantee any dental hygiene service, or to perform any dental hygiene procedure painlessly. This subdivision shall not prohibit advertising permitted by Section 651. (l) The violation of any of the provisions of this division. (m) The permitting of any person to operate dental radiographic equipment who has not met the requirements to do ✔✔Any person who violates this subdivision is guilty of a misdemeanor and shall be punished by a fine of not less than - ✔✔one hundred dollars ($100) or more than six
✔✔A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions shall report to the dental hygiene board all deaths occurring in their practice with a copy sent to the dental board if - ✔✔if the death occurred while working as an employee in a dental office. A dentist shall report to the dental board all deaths occurring in their practice with a copy sent to the dental hygiene board if the death was the result of treatment by a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. ✔✔The dental hygiene board may discipline a licensee by placing the licensee on probation under various terms and conditions that may include, but are not limited to, the following: - ✔✔(a) Requiring the licensee to obtain additional training or pass an examination upon completion of training, or both. The examination may be a written or oral examination, or both, and may be a practical or clinical examination, or both, at the option of the dental hygiene board. (b) Requiring the licensee to submit to a complete diagnostic examination by one or more physicians appointed by the dental hygiene board, if warranted by the physical or mental condition of the licensee. If the dental hygiene board requires the licensee to submit to an examination, the dental hygiene board shall receive and consider any other report of a complete diagnostic examination given by one or more physicians of the licensee's choice. (c) Restricting or limiting the extent, scope, or type of practice of the licensee. (d) Requiring restitution of fees to the licensee's patients or payers of services, unless restitution has already been made. (e) Providing the option of alternative community service in lieu of all or part of a period of suspension in cases other than violations relating to quality of care. ✔✔It is unprofessional conduct for a person licensed under this article to do any of the following: - ✔✔(a) Obtain or possess in violation of law, or except as directed by a licensed physician and surgeon, dentist, or podiatrist, a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, or any dangerous drug as defined in Section 4022. (b) Use a controlled substance, as defined in Division 10 (commencing with Section
- of the Health and Safety Code, or a dangerous drug as defined in Section 4022, or alcoholic beverages or other intoxicating substances, to an extent or in a manner dangerous or injurious to themselves, to any person, or the public to the extent that the use impairs the licensee's ability to conduct with safety to the public the practice authorized by their license. (c) Be convicted of a charge of violating any federal statute or rules, or any statute or rule of this state, regulating controlled substances, as defined in Division 10
(commencing with Section 11000) of the Health and Safety Code, or any dangerous drug, as defined in Section 4022, or be convicted of more than one misdemeanor, or any felony, involving the use or consumption of alcohol or drugs, if the conviction is substantially related to the practice authorized by their license. ✔✔A registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions who performs a service on a patient in a dental office shall identify himself or herself in the patient record by - ✔✔signing his or her name or identification number and initials next to the service performed, and shall date those treatment entries in the record. (b) A repeated violation of this section constitutes unprofessional conduct. ✔✔It is unprofessional conduct for a person licensed under this article to perform, or hold himself or herself out as able to perform, professional services beyond the scope of his or her license and field of competence, as established by his or her education, experience, and training. This includes, but is not limited to, - ✔✔using an instrument or device in a manner that is not in accordance with the customary standards and practices of the dental hygiene profession. ✔✔A licensee who fails or refuses to comply with a request for a patient's dental or dental hygiene records that is accompanied by that patient's written authorization for release of the records to the dental hygiene board, within 15 days of receiving the request and authorization, shall pay to the dental hygiene board a civil or administrative penalty or fine up to a maximum of - ✔✔two hundred fifty dollars ($250) per day for each day that the documents have not been produced after the 15th day, up to a maximum of five thousand dollars ($5,000) unless the licensee is unable to provide the documents within this time period for good cause. ✔✔A health care facility shall comply with a request for the dental or dental hygiene records of a patient that is accompanied by that patient's written authorization for release of records to the dental hygiene board together with a notice citing this section and describing the penalties for failure to comply with this section. Failure to provide the authorizing patient's dental hygiene records to the dental hygiene board within - ✔✔ 30 days of receiving this request, authorization, and notice shall subject the health care facility to a civil or administrative penalty or fine, payable to the dental hygiene board, of up to a maximum of two hundred fifty dollars ($250) per day for each day that the documents have not been produced after the 30th day, up to a maximum of five thousand dollars ($5,000), unless the health care facility is unable to provide the documents within this time period for good cause. This paragraph shall not require health care facilities to assist the dental hygiene board in obtaining the patient's authorization. The dental hygiene board shall pay the reasonable cost of copying the dental hygiene records.
(b) Assumes any title, or appends any letters to the person's name, with the intent to represent falsely that the person has received a dental hygiene degree or a license under this article. (c) Engages in the practice of dental hygiene without causing to be displayed in a conspicuous place in the person's office the person's license under this article to practice dental hygiene. (d) Within 10 days after demand is made by the executive officer of the dental hygiene board, fails to furnish to the dental hygiene board the name and address of all persons practicing or assisting in the practice of dental hygiene in the office of the person, company, or association, at any time within 60 days prior to the demand, together with a sworn statement showing under and by what license or authority this person, company, or association and any employees are or have been practicing or assisting in the practice of dental hygiene. This sworn statement shall not be used in any prosecution under this section. (e) Is under the influence of alcohol or a controlled substance while engaged in the practice of dental hygiene in actual attendance on patients to an extent that impairs the licensee's ability to conduct the practice of dental hygiene with safety to patients and the public. ✔✔A person who holds a valid, unrevoked, and unsuspended license as a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions under this article may append the letters - ✔✔"R.D.H.," "R.D.H.A.P.," or "R.D.H.E.F.," respectively, to his or her name. ✔✔For the first offense, a person is guilty of a misdemeanor and shall be punishable by a fine of not less than two hundred dollars ($200) nor more than three thousand dollars ($3,000), or by imprisonment in a county jail for not to exceed six months, or by both that fine and imprisonment, and for the second or a subsequent offense is guilty of a felony and upon conviction thereof shall be punished by a fine of not less than two thousand dollars ($2,000) nor more than six thousand dollars ($6,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or by both that fine and imprisonment, who does any of the following: - ✔✔(a) Sells or barters or offers to sell or barter a dental hygiene degree or transcript or a license issued under, or purporting to be issued under, laws regulating licensure of registered dental hygienists, registered dental hygienists in alternative practice, or registered dental hygienists in extended functions. (b) Purchases or procures by barter a diploma, license, or transcript with intent that it shall be used as evidence of the holder's qualification to practice dental hygiene, or in fraud of the laws regulating the practice of dental hygiene.
(c) With fraudulent intent, makes, attempts to make, counterfeits, or materially alters a diploma, certificate, or transcript. (d) Uses, or attempts or causes to be used, any diploma, certificate, or transcript that has been purchased, fraudulently issued, counterfeited, or materially altered or in order to procure licensure as a registered dental hygienist, registered dental hygienist in alternative practice, or registered dental hygienist in extended functions. (e) In an affidavit required of an applicant for an examination or license under this article, willfully makes a false statement in a material regard. (f) Practices dental hygiene or offers to practice dental hygiene, as defined in this article, either without a license, or when his or her license has been revoked or suspended. (g) Under any false, assumed or fictitious name, either as an individual, firm, corporation or otherwise, or any name other than the name under which he or she is licensed, practices, advertises, or in any other manner indicates that he or she practices or will practice dental hygiene, except a name specified in a valid permit issued pursuant to Section 1962. ✔✔A person who willfully, under circumstances that cause risk of bodily harm, serious physical or mental illness, or death, practices, attempts to practice, advertises, or holds himself or herself out as practicing dental hygiene without having at the time of so doing a valid, unrevoked, and unsuspended license as provided in this article, is - ✔✔guilty of a crime, punishable by imprisonment in a county jail for up to one year. The remedy provided in this section shall not preclude any other remedy provided by law. ✔✔It is the intent of the Legislature that the dental hygiene board seek ways and means to identify and rehabilitate licensees whose competency may be impaired due to abuse of dangerous drugs or alcohol, so that licensees so afflicted may be treated and returned to the practice of dental hygiene in a manner that will not endanger the public health and safety - ✔✔It is also the intent of the Legislature that the dental hygiene board establish a diversion program as a voluntary alternative approach to traditional disciplinary actions. ✔✔One or more diversion evaluation committees shall be established by the dental hygiene board. The dental hygiene board shall establish criteria for the selection of each diversion evaluation committee. - ✔✔Each member of a diversion evaluation committee shall receive per diem and expenses as provided in Section 103. ✔✔The dental hygiene board shall establish criteria for the acceptance, denial, or termination of licensees in a diversion program. - ✔✔Unless ordered by the dental hygiene board as a condition of a licensee's disciplinary probation, only those licensees
