Title 27, California Code of Regulations, Section 25102(d), Proposition 65 – Definitions, Non-Substantive Changes

The Office of Environmental Health Hazard Assessment (OEHHA) is the lead agency for implementation of Proposition 651.  As part of its responsibilities related to Proposition 65, OEHHA maintains the regulations implementing the Act.  These regulations can be found in Title 27 of the California Code of Regulations, sections 25000-27000 inclusive.

Based on suggestions from stakeholders, OEHHA has determined that certain terms and definitions are not current.  In section 25102(d), the term “dental personnel” includes “dentists and dental auxiliary staff as that term is defined in Business and Professions Code Section 1741(e)”.  However, section 1741(e) no longer exists in the Business and Professions Code.  Currently, the term “dental auxiliary staff” is no longer being used. The terms “dental assistant” and “dental hygienist” are being used instead.  To reflect this, OEHHA is updating the definitions section of Proposition 65 regulations.

OEHHA is offering an opportunity for the public to comment on this non-substantive update.  A copy of the proposed changes is attached to this notice.

Interested parties may submit their comments or suggestions concerning this proposed change by 5:00 p.m. on October 9, 2009.  All submissions should be directed to:

Fran Kammerer
Staff Counsel
Office of Environmental Health Hazard Assessment
1001 I Street, MS# 25B
Sacramento, CA 95814

Or via e-mail to fkammerer@oehha.ca.gov 

Proposed language:

25102 Definitions

(d) “Dental personnel” includes dentists, dental assistants, and dental hygienists. and dental auxiliary staff as that term is defined in Business and Professions Code Section 1741(e) (1974).as those terms are described in Business and Professions Code Section 1750(a) and 1907-59

Footnotes and References

1 The Safe Drinking Water and Toxic Enforcement Act of 1986, Health and Safety Code section 25249.5, et. seq., hereafter referred to as Proposition 65 or the Act