BILL ANALYSIS
AB 456
Page A
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 456 (Emmerson) - As Amended: April 14, 2009
SUBJECT : Dentistry: diversion program.
SUMMARY : Grants greater flexibility to the Dental Board of
California (DBC) in managing its diversion program (program).
Specifically, this bill :
1)Removes the ability of a Diversion Program Manager (manager)
to require a licensee who is under current investigation for
any violations of the Dental Practice Act or other violations
to execute a statement of understanding that the licensee
acknowledges any further violations may still be investigated
and the subject of disciplinary action.
2)Permits, rather than requires, the DBC to close an
investigation of a licensee that is based on
self-administration of any controlled substance or dangerous
drug or alcohol, as specified, if the licensee is accepted
into and successfully completes the DBC's program.
3)Permits, rather than requires, the DBC to reopen an
investigation if a licensee withdraws or is terminated from
the program by a diversion evaluation committee (DEC), and the
termination is approved by the manager.
4)Deletes the requirement that licensees sign an agreement
acknowledging that the withdrawal or termination from the
program, due to a DEC's determination that the licensee is a
threat to public's health and safety, will result in the DBC
accessing the licensee's program treatment records for any
disciplinary or criminal proceedings.
5)Requires a DEC to report the name and license number of a
licensee, along with a copy of all program records for that
licensee, to the DBC's enforcement program if the DEC
determines that a licensee who is denied admission into the
program or terminated from the diversion program presents a
threat to the public or his or her own health and safety.
Permits the DBC to use any of the records it receives in any
disciplinary or criminal proceeding.
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6)Removes the ability for the DBC to waive costs of the program
for the licensee.
7)Requires the DEC to report to the DBC's enforcement program,
within 24 hours, all acts of substantial noncompliance by a
licensee who is participating in the program as a result of
his or her license being placed on probation or as a result of
a referral related to a DBC investigation, as specified.
8)Requires all program records for a licensee who does not
successfully complete the program to be provided to the DBC's
enforcement program, to be used at the board's discretion.
9)States that a licensee shall be deemed to have waived any
rights granted by any law or regulation relating to
confidentiality under the program if he or she does any of the
following:
a) Presents information relating to any aspect of the
program during any stage of the disciplinary process
subsequent to the filing of an accusation, statement of
issues, or petition to compel a mental or physical
examination pursuant to Article 12.5. This waiver shall be
limited to information necessary to verify or refute any
information disclosed by the licensee;
b) Files a lawsuit against the board relating to any aspect
of the program; or,
c) Claims in defense to a disciplinary action, based on a
complaint that led to the licensee's participation in the
program, that he or she was prejudiced by the length of
time that passed between the alleged violation and the
filing of the accusation. The waiver under this paragraph
shall be limited to information necessary to document the
length of time the licensee participated in the program.
10)States that the statute of limitations relating to the filing
of an accusation against a licensee shall be tolled during the
time period a licensee is participating in the program.
EXISTING LAW , under the Dental Practice Act:
1)Provides for the licensure and regulation of dentists by the
AB 456
Page C
DBC, and requires the DBC to establish and administer a
diversion program for the rehabilitation of licensees whose
competency is impaired due to the abuse of drugs or alcohol.
2)Requires that all participating licensees sign an agreement of
understanding that withdrawal or termination from the
diversion program at a time when a DEC determines that the
licensee is a threat to the public's health and safety shall
result in the use of the licensee's diversion treatment
records in a disciplinary or criminal proceeding.
3)Requires a licensee who requests participation in a diversion
program to agree to cooperate with the treatment program
designed by the DEC and to bear all costs of the program,
unless the cost is waived by the board.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office,
"Current law does not allow for the Dental Board's diversion
program to notify its own enforcement unit when a licensee
participating in the program is terminated for non-compliance
while on Board probation. Therefore, AB 456 would amend
statutes that govern the Board's diversion program to allow for
enhanced communication and exchange of information between the
diversion program and the enforcement unit. This notification
is necessary as the information obtained could be used for
subsequent disciplinary action by the Board, which strengthens
the program and maximizes public safety."
Background . The DBC's program is confidential for dentists and
dental auxiliaries licensed in California whose ability to
practice may be impaired due to alcohol and/or drug abuse. The
program offers a means of recovery without the loss of a license
by providing access to appropriate intervention programs and
treatment services.
The California Department of Consumer Affairs (DCA) is the
umbrella agency for most of the licensing bodies in California,
including DBC. DCA currently manages a master contract with a
private corporation for six boards' and one committee's
diversion programs: the Board of Registered Nursing, the DBC,
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the Board of Pharmacy, the Physical Therapy Board of California,
the Veterinary Medical Board of California, the Osteopathic
Medical Board of California, and the Physician Assistant
Committee. The individual boards oversee the programs, but
services are provided by the contractor.
These boards' diversion programs follow the same general
principles; health practitioners with mental illnesses or
substance abuse issues may be referred in lieu of discipline or
self-refer into the programs and receive help with
rehabilitation. After an initial evaluation, individuals accept
a participation agreement and are regularly monitored in various
ways, including random drug testing, to ensure compliance.
DCA's current private contractor provides medical advisors,
compliance monitors, case managers, a urine testing system,
reporting, and record maintenance.
The DCA master contract standardizes certain tasks, such as
designing and implementing a case management system, maintaining
a 24-hour access line, and providing initial intake and
in-person assessments, but the planning and execution of the
programs are tailored to each board according to their needs and
mandates. Each board specifies its own policies and procedures.
REGISTERED SUPPORT / OPPOSITION :
Support
Dental Board of California (sponsor)
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301