BILL ANALYSIS AB 456 Page 1 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 AB 456 Page 2 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 AB 456 Page 3 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. AB 456 Page 4 Analysis Prepared by : Sarah Huchel / B. & P. / (916) 319-3301 FN: 0000902