BILL ANALYSIS                                                                                                                                                                                                    



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          ASSEMBLY THIRD READING
          AB 456 (Emmerson)
          As Amended April 14, 2009
          Majority vote 

           BUSINESS & PROFESSIONS      10-0APPROPRIATIONS      16-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Hayashi, Emmerson,        |Ayes:|De Leon, Nielsen,         |
          |     |Conway, Eng,  Hernandez,  |     |Ammiano,                  |
          |     |Nava, Niello,             |     |Charles Calderon, Davis,  |
          |     |John A. Perez, Ruskin,    |     |Duvall, Krekorian, Hall,  |
          |     |Smyth                     |     |Harkey, Miller,           |
          |     |                          |     |John A. Perez, Price,     |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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  








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            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. 

          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  








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               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.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee, implementation of this bill will cause absorbable  
          workload to DBC to continue oversight of the program for dental  
          professionals.

           COMMENTS  :  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."

          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 individual boards oversee the programs,  
          but services are provided by the contractor. 

          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.  









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          Analysis Prepared by  :    Sarah Huchel / B. & P. / (916) 319-3301  

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