Regulatory Compliance

The program is expanding to offer benefits to any employee who takes time off to attend to situations (qualifying exigencies) related to the covered active duty status of the employee’s spouse, registered domestic partner, child or parent who is a member of the U.S. Armed Forces. This new law does not create a right to take a protected leave of absence, merely the ability to collect PFL benefits (after Jan. 1, 2021) if the employee does take the time off.

California prescribers are required to use electronic data prescribing for all prescriptions starting Jan. 1, 2022. Legislation, AB 2789, establishing this mandate was passed in 2018. For additional information on how to get started prescribing electronically and on the new rules, refer to Prescribing & Dispensing Q&A.

All employers must provide a private lactation location other than a bathroom, near the employee's work area. This new law requires the location to have certain mandatory features, requires employers to have a written lactation accommodation policy, changes the ability to claim an exemption, and expands the available penalties.

As of Jan. 31, 2020, employers should begin using the Form I-9. The new version is dated 10/21/2019 but will not become mandatory until May 1. 

All employers in California are required to provide their employees a minimum of three paid sick days per year. Calculated at one hour for every 30 hours worked, sick pay can be accrued over time or given as a lump sum. CDA offers numerous resources on navigating sick law, including a breakdown of sick leave ordinances by city and county.

Dentists contracted with dental plans must respond to a plan's request for accurate directory information within 30 days or face payment delays, reimbursement reductions or, ultimately, termination of their participating provider agreement. Dental practices are required to provide timely practice updates, including practice address, license number, and other information.

All prescribers in California with U.S. Drug Enforcement Administration registrations are required to register to access California's prescription drug monitoring program, known as CURES 2.0.

Each individual licensed or permitted by the Dental Board of California or the Dental Hygiene Committee of California must submit an email address to the Dental Board. Send an email to [email protected], using the subject line "Electronic Mail Address Requirement" and include in the body of the email the individual's name, license type, license number and email address. The electronic mail address shall be considered confidential and not subject to public disclosure.

PSL law will apply to employers with 25 or fewer employees as of July 1, 2017. The Los Angeles PSL ordinance contains different provisions than the state PSL law; employers within the city limits must comply with both state and local law. For each provision, protection or benefit, employers must provide whichever is more generous to the employee. Employers must also update their PSL policies accordingly.

Under AB 2337, California employers with 25 or more employees must provide written notice to employees of their rights to take protected leave for domestic violence, sexual assault or stalking. The notice should be provided to new employees and to other employees by request. The notice can be downloaded from the Department of Industrial Relations.

Belmont, Emeryville, Los Altos, City and County of Los Angeles, Malibu, Milpitas, Pasadena, San Francisco, and Santa Monica. Redwood City has joined the list of cities with a new $13.50/hour increase effective 1/1/2019.

The following cities and county will increase their minimum wage on July 1: Alameda, Berkeley, Emeryville, Fremont, City of Los Angeles, County of Los Angeles (unincorporated areas only), Malibu, Milpitas, Pasadena, San Francisco, San Leandro and Santa Monica.

On July 1, 2020, minimum wage increases take effect in several California localities and require updated postings. Employers in Santa Rosa should be aware of a new increase and required notice effective July 1, 2020.

See Minimum Wage and Paid Sick Leave Ordinances by City/County on cda.org

A dental practice that offers patients the option of using a third-party credit program for treatment payment must comply with new requirements. A news article and updated California Commercial Credit Law resource are forthcoming.

The benefit available through California’s State Disability Service program provides wage replacement to workers who take time off from work for an ill child, spouse, parent, grandparent, sibling, or domestic partner, or to bond with a child within one year of birth or adoption. Employers should update practice policies to reflect the increase.

Senate Bill 553 requires employers, with limited exceptions, to establish, implement and maintain an effective workplace violence prevention plan with specified information.

With some exceptions, new dental facilities opened on or after June 14, 2017 (does not include purchase of existing dental facility) must install an amalgam separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

Dental facilities without amalgam separators on June 14, 2017, with exceptions, must install an amalgam separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

Under the Affordable Care Act, dentists participating as providers in the Denti-Cal, Medicare Advantage and CHIP (formerly known as Healthy Families) programs and those who have received Meaningful Use funding are required to comply with new federal anti-discrimination policies. They must provide interpreters or translators to patients with limited English proficiency, ensure accessible online appointment systems and billing, ensure employee health plans are in compliance with anti-discrimination laws, and comply with standards concerning dental facility alterations or new construction.

The DFEH has stated that the change to this poster made in June 2018 is not a mandatory update.

The EDD released this new, mandatory posting on July 3, 2018 although the revision date is May 2018. EDD states that, while maintaining updated publications is always encouraged, employers can continue to use the previous version of their mandatory employer notice (DE 1857A) until January 1, 2019—at which time all employers must post the updated version.

Cal/OSHA regulation (Section 3396) requires an employer to document, either in a separate plan or as part of their injury and illness prevention plan, steps taken to prevent indoor heat illness. See Cal/OSHA Heat Illness Prevention Guidance and Resources for more information. For sample language to add to an injury and illness prevention plan, see Infection Control and Cal/OSHA FAQ.

Dental practices must have updated hazard communication plans and safety data sheets (SDS), place appropriate labels on secondary containers and train all staff on new chemical labeling and classification systems. CDA has developed a sample hazard communication plan and PowerPoint presentationfor use in dental practices.

Dental facilities with amalgam separators on June 14, 2017 must replace that separator by this date and comply with documentation requirements. Separators must be compliant with either the American National Standards Institute (ANSI) American National Standard/American Dental Association (ADA) Specification 108 for Amalgam Separators (2009) With Technical Addendum (2011) or the International Organization for Standardization (ISO) 11143 Standard (2008) or subsequent versions so long as that version requires amalgam separators to achieve at least a 95 percent removal efficiency.

Although the Department of Labor’s website description for the Employee Polygraph Protection Act (EPPA) Poster still shows reference to the 2016 posting date, the poster itself has been added to reflect a “2/22 revision” update.

The “Know Your Rights: Workplace Discrimination is Illegal” poster has been updated by the U.S. Equal Employment Opportunity Commission (EEOC). This new notice includes information regarding the Pregnant Workers Fairness Act (PWFA) which became effective June 27, 2023. Practice owners must print and post this notice over the (10/2022) notice contained in the 2023-2024 Required Poster Set.