BILL NUMBER: AB 2056 CHAPTERED
BILL TEXT
CHAPTER 447
FILED WITH SECRETARY OF STATE SEPTEMBER 10, 2004
APPROVED BY GOVERNOR SEPTEMBER 10, 2004
PASSED THE ASSEMBLY AUGUST 24, 2004
PASSED THE SENATE AUGUST 18, 2004
AMENDED IN SENATE AUGUST 16, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 1, 2004
INTRODUCED BY Assembly Member Aghazarian
FEBRUARY 17, 2004
An act to amend Sections 1680 and 1701.1 of, and to add Section
1670.2 to, the Business and Professions Code, relating to dentistry,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2056, Aghazarian. Dentistry.
Existing law, the Dental Practice Act, regulates the practice of
dentistry by the Dental Board of California in the Department of
Consumer Affairs. Under the act, a licensee may be disciplined by
the board, including having his or her license revoked or suspended,
or being reprimanded or placed on probation by the board for
specified reasons.
This bill would require the board to initiate a proceeding against
a licensee for various violations of the act within specified time
periods.
Existing law defines unprofessional conduct for purposes of the
act to include committing acts of gross immorality substantially
related to the practice of dentistry.
This bill would instead include committing acts of sexual abuse,
relations with a patient, or misconduct substantially related to the
practice of dentistry, and would include the unlawful prescribing,
dispensing, or furnishing of dangerous drugs or devices, as defined.
Existing law makes a person who willfully, under circumstances or
conditions that cause or create risk of bodily harm, serious physical
or mental illness, or death, practices or attempts to practice, or
advertises or holds himself or herself out as practicing dentistry
without being certified or authorized to do so, guilty of a crime
punishable by imprisonment in county jail for up to one year.
This bill would instead make that crime also punishable by a fine
not to exceed $10,000, or by both the fine and imprisonment. The
bill would also make a person who conspires with or aids and abets
another to commit those acts guilty of a crime and subject to the
above penalties.
This bill would appropriate $35,000 from the State Dentistry Fund
to the Department of Consumer Affairs to fund a Dental Board of
California investigator position in the 2004-05 fiscal year.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1670.2 is added to the Business and Professions
Code, to read:
1670.2. (a) Except as otherwise provided in this section, any
proceeding initiated by the board against a licensee for the
violation of any provision of this chapter shall be filed within
three years after the board discovers the act or omission alleged as
the ground for disciplinary action, or within seven years after the
act or omission alleged as the ground for disciplinary action occurs,
whichever occurs first.
(b) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging fraud or willful
misrepresentation is not subject to the limitation in subdivision
(a).
(c) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging unprofessional conduct based on
incompetence, gross negligence, or repeated negligent acts of the
licensee is not subject to the limitation in subdivision (a) upon
proof that the licensee intentionally concealed from discovery his or
her incompetence, gross negligence, or repeated negligent acts.
(d) If an alleged act or omission involves any conduct described
in subdivision (e) of Section 1680 committed on a minor, the
seven-year limitations period in subdivision (a) and the 10-year
limitations period in subdivision (e) shall be tolled until the minor
reaches the age of majority.
(e) An accusation filed against a licensee pursuant to Section
11503 of the Government Code alleging conduct described in
subdivision (e) of Section 1680 not committed on a minor shall be
filed within three years after the board discovers the act or
omission alleged as the ground for disciplinary action, or within 10
years after the act or omission alleged as the ground for
disciplinary action occurs, whichever occurs first. This subdivision
shall apply to a complaint alleging conduct received by the board on
and after January 1, 2005.
(f) In any allegation, accusation, or proceeding described in
this section, the limitations period in subdivision (a) shall be
tolled for the period during which material evidence necessary for
prosecuting or determining whether a disciplinary action would be
appropriate is unavailable to the board due to an ongoing criminal
investigation.
SEC. 2. Section 1680 of the Business and Professions Code is
amended to read:
1680. Unprofessional conduct by a person licensed under this
chapter 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 employment directly or indirectly of any student or
suspended or unlicensed dentist to practice dentistry as defined in
this chapter.
(c) The aiding or abetting of any unlicensed person to practice
dentistry.
(d) The aiding or abetting of a licensed person to practice
dentistry unlawfully.
(e) The committing of any act or acts of sexual abuse, misconduct,
or relations with a patient that are substantially related to the
practice of dentistry.
(f) 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 he or she is licensed to practice, in
advertising or in any other manner indicating that he or she is
practicing or will practice dentistry, except that name as is
specified in a valid permit issued pursuant to Section 1701.5.
(g) The practice of accepting or receiving any commission or the
rebating in any form or manner of fees for professional services,
radiograms, prescriptions, or other services or articles supplied to
patients.
(h) 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.
(i) 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.
(j) The employing or the making use of solicitors.
(k) The advertising in violation of Section 651.
(l) The advertising to guarantee any dental service, or to perform
any dental operation painlessly. This subdivision shall not
prohibit advertising permitted by Section 651.
(m) The violation of any of the provisions of law regulating the
procurement, dispensing, or administration of dangerous drugs, as
defined in Article 7 (commencing with Section 4211) of Chapter 9, or
controlled substances, as defined in Division 10 (commencing with
Section 11000) of the Health and Safety Code.
(n) The violation of any of the provisions of this division.
(o) The permitting of any person to operate dental radiographic
equipment who has not met the requirements of Section 1656.
(p) The clearly excessive prescribing or administering of drugs or
treatment, or the clearly excessive use of diagnostic procedures, or
the clearly excessive use of diagnostic or treatment facilities, as
determined by the customary practice and standards of the dental
profession.
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 hundred dollars ($600), or by
imprisonment for a term of not less than 60 days or more than 180
days, or by both a fine and imprisonment.
(q) The use of threats or harassment against any patient or
licensee for providing evidence in any possible or actual
disciplinary action, or other legal action; or the discharge of an
employee primarily based on the employee's attempt to comply with the
provisions of this chapter or to aid in the compliance.
(r) Suspension or revocation of a license issued, or discipline
imposed, by another state or territory on grounds which would be the
basis of discipline in this state.
(s) The alteration of a patient's record with intent to deceive.
(t) Unsanitary or unsafe office conditions, as determined by the
customary practice and standards of the dental profession.
(u) The abandonment of the patient by the licensee, without
written notice to the patient that treatment is to be discontinued
and before the patient has ample opportunity to secure the services
of another dentist and provided the health of the patient is not
jeopardized.
(v) The willful misrepresentation of facts relating to a
disciplinary action to the patients of a disciplined licensee.
(w) Use of fraud in the procurement of any license issued pursuant
to this chapter.
(x) Any action or conduct which would have warranted the denial of
the license.
(y) The aiding or abetting of a licensed dentist or dental
auxiliary to practice dentistry in a negligent or incompetent manner.
(z) The failure to report to the board in writing within seven
days any of the following: (1) the death of his or her patient
during the performance of any dental procedure; (2) the discovery of
the death of a patient whose death is related to a dental procedure
performed by him or her; or (3) except for a scheduled
hospitalization, the removal to a hospital or emergency center for
medical treatment for a period exceeding 24 hours of any patient to
whom oral conscious sedation, conscious sedation, or general
anesthesia was administered, or any patient as a result of dental
treatment. With the exception of patients to whom oral conscious
sedation, conscious sedation, or general anesthesia was administered,
removal to a hospital or emergency center that is the normal or
expected treatment for the underlying dental condition is not
required to be reported. Upon receipt of a report pursuant to this
subdivision the board may conduct an inspection of the dental office
if the board finds that it is necessary.
(aa) Participating in or operating any group advertising and
referral services that are in violation of Section 650.2.
(bb) The failure to use a fail-safe machine with an appropriate
exhaust system in the administration of nitrous oxide. The board
shall, by regulation, define what constitutes a fail-safe machine.
(cc) Engaging in the practice of dentistry with an expired
license.
(dd) Except for good cause, the knowing failure to protect
patients by failing to follow infection control guidelines of the
board, thereby risking transmission of blood-borne infectious
diseases from dentist or dental auxiliary to patient, from patient to
patient, and from patient to dentist or dental auxiliary. In
administering this subdivision, the board shall consider referencing
the standards, regulations, and guidelines of the State Department of
Health Services developed pursuant to Section 1250.11 of the Health
and Safety Code and the standards, guidelines, and regulations
pursuant to the California Occupational Safety and Health Act of 1973
(Part 1 (commencing with Section 6300), Division 5, Labor Code) for
preventing the transmission of HIV, hepatitis B, and other
blood-borne pathogens in health care settings. As necessary, the
board shall consult with the Medical Board of California, the Board
of Podiatric Medicine, the Board of Registered Nursing, and the Board
of Vocational Nursing and Psychiatric Technicians, to encourage
appropriate consistency in the implementation of this subdivision.
The board shall seek to ensure that licensees and others regulated
by the board are informed of the responsibility of licensees and
others to follow infection control guidelines, and of the most recent
scientifically recognized safeguards for minimizing the risk of
transmission of blood-borne infectious diseases.
(ee) The utilization by a licensed dentist of any person to
perform the functions of a registered dental assistant, registered
dental assistant in extended functions, registered dental hygienist,
or registered dental hygienist in extended functions who, at the time
of initial employment, does not possess a current, valid license to
perform those functions.
(ff) The prescribing, dispensing, or furnishing of dangerous drugs
or devices, as defined in Section 4022, in violation of Section
2242.1.
SEC. 3. Section 1701.1 of the Business and Professions Code is
amended to read:
1701.1. A person who willfully, under circumstances or conditions
that cause or create risk of bodily harm, serious physical or mental
illness, or death, practices or attempts to practice, or advertises
or holds himself or herself out as practicing dentistry without
having at the time of so doing a valid, unrevoked, and unsuspended
certificate as provided in this chapter, or without being authorized
to perform that act pursuant to a certificate obtained in accordance
with some other provision of law, is guilty of a crime, punishable by
imprisonment in a county jail for up to one year, by a fine not
exceeding ten thousand dollars ($10,000), or by both the fine and
imprisonment. A person who conspires with or aids and abets another
to commit any act described in this section is guilty of a crime and
subject to the punishment described in this section. The remedy
provided in this section shall not preclude any other remedy provided
by law.
SEC. 4. The sum of thirty-five thousand dollars ($35,000) is
hereby appropriated from the State Dentistry Fund to the Department
of Consumer Affairs for the purpose of funding one Dental Board of
California investigator position for the purposes of Section 1670.2
in the 2004-05 fiscal year.