BILL NUMBER: AB 745 CHAPTERED
BILL TEXT
CHAPTER 505
FILED WITH SECRETARY OF STATE SEPTEMBER 15, 1998
APPROVED BY GOVERNOR SEPTEMBER 15, 1998
PASSED THE ASSEMBLY JULY 27, 1998
PASSED THE SENATE JULY 23, 1998
AMENDED IN SENATE JUNE 24, 1998
AMENDED IN SENATE JUNE 11, 1998
AMENDED IN SENATE SEPTEMBER 5, 1997
AMENDED IN SENATE AUGUST 25, 1997
AMENDED IN SENATE JULY 8, 1997
AMENDED IN ASSEMBLY MAY 20, 1997
AMENDED IN ASSEMBLY APRIL 24, 1997
AMENDED IN ASSEMBLY APRIL 10, 1997
INTRODUCED BY Assembly Member Thompson
(Coauthor: Senator Polanco)
FEBRUARY 26, 1997
An act to amend, repeal, and add Section 1646.7 of, and to add and
repeal Sections 1646.9, 2079, and 2245 of, the Business and
Professions Code, relating to outpatient care, making an
appropriation therefor, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 745, B. Thompson. Outpatient settings: general anesthesia.
Existing law provides for the licensure and regulation of the
practice of dentistry by the Board of Dental Examiners of California.
Existing law prohibits a dentist from administering or supervising
the administration of general anesthesia to patients on an outpatient
basis unless the dentist has a permit issued by the board
authorizing the use of general anesthesia.
Existing law provides for the licensure and regulation of
physicians and surgeons by the Medical Board of California.
This bill would permit a physician and surgeon to administer
general anesthesia in the office of a licensed dentist, for dental
patients, whether or not the dentist has been certified to perform
general anesthesia, if the licensed physician and surgeon holds a
valid general anesthesia permit issued by the Board of Dental
Examiners of California. The bill would require payment of a fee for
issuance of the permit, would require onsite inspection and
evaluation, and would require automatic suspension of the permit for
a physician and surgeon who has failed an onsite inspection and
evaluation, except as prescribed. By increasing the amount of moneys
deposited in a continuously appropriated fund, this bill would make
an appropriation.
This bill would require the Medical Board of California to inform
the Board of Dental Examiners of California whether the applicant is
a licensed physician and surgeon and to verify and inform the Board
of Dental Examiners of California whether the applicant has
successfully completed a postgraduate residency training program in
anesthesiology recognized by the American Council on Graduate
Medicine.
Existing law declares that a violation by the dentist of related
provisions constitutes unprofessional conduct and authorizes the
Board of Dental Examiners of California to take prescribed actions.
This bill would provide that a violation of those provisions and
of provisions relating to general anesthesia by a physician and
surgeon may constitute unprofessional conduct under the Medical
Practice Act, and is grounds for suspension or revocation of the
general anesthesia permit issued by the Board of Dental Examiners of
California. The bill would require the Board of Dental Examiners of
California to refer the matter to the Medical Board of California for
its consideration as unprofessional conduct and for further action
under the Medical Practice Act. It would also provide that a
suspension or revocation of a physician and surgeon's permit by the
Board of Dental Examiners shall not constitute a disciplinary
proceeding or action except to permit the initiation of an
investigation or disciplinary action by the Medical Board of
California.
The bill would repeal its provisions on January 1, 2000.
This bill would declare that it is to take effect immediately as
an urgency statute.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1646.7 of the Business and Professions Code is
amended to read:
1646.7. (a) A violation of any provision of this article
constitutes unprofessional conduct and is grounds for the revocation
or suspension of the dentist's permit, license, or both, or the
dentist may be reprimanded or placed on probation.
(b) A violation of any provision of this article or Section 1682
is grounds for suspension or revocation of the physician and surgeon'
s permit issued pursuant to this article by the Board of Dental
Examiners of California. The exclusive enforcement authority against
a physician and surgeon by the Board of Dental Examiners of
California shall be to suspend or revoke the permit issued pursuant
to this article. The Board of Dental Examiners of California shall
refer a violation of this article by a physician and surgeon to the
Medical Board of California for its consideration as unprofessional
conduct and further action, if deemed necessary by the Medical Board
of California, pursuant to Chapter 5 (commencing with Section 2000).
A suspension or revocation of a physician and surgeon's permit by
the Board of Dental Examiners pursuant to this article shall not
constitute a disciplinary proceeding or action for any purpose except
to permit the initiation of an investigation or disciplinary action
by the Medical Board of California as authorized by Section 2220.5.
(c) The proceedings under this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code, and the Board of
Dental Examiners of California shall have all the powers granted
therein.
(d) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2000, deletes or
extends that date.
SEC. 2. Section 1646.7 is added to the Business and Professions
Code, to read:
1646.7. (a) A violation of any provision of this article
constitutes unprofessional conduct and is grounds for the revocation
or suspension of the dentist's permit, license, or both, or the
dentist may be reprimanded or placed on probation. The proceedings
under this section shall be conducted in accordance with Chapter 5
(commencing with Section 11500) of Part 1 of Division 3 of Title 2 of
the Government Code, and the board shall have all the powers granted
therein.
(b) This section shall become operative January 1, 2000.
SEC. 3. Section 1646.9 is added to the Business and Professions
Code, to read:
1646.9. (a) Notwithstanding any other provisions of law,
including, but not limited to, Section 1646.1, a physician and
surgeon licensed pursuant to Chapter 5 (commencing with Section 2000)
may administer general anesthesia in the office of a licensed
dentist for dental patients, without regard to whether the dentist
possesses a permit issued pursuant to this article, if all of the
following conditions are met:
(1) The physician and surgeon possesses a current license in good
standing to practice medicine in this state.
(2) The physician and surgeon holds a valid general anesthesia
permit issued by the Board of Dental Examiners of California pursuant
to subdivision (b).
(b) (1) A physician and surgeon who desires to administer general
anesthesia as set forth in subdivision (a) shall apply to the Board
of Dental Examiners of California on an application form prescribed
by the board and shall submit all of the following:
(A) The payment of an application fee prescribed by this article.
(B) Evidence satisfactory to the Medical Board of California
showing that the applicant has successfully completed a postgraduate
residency training program in anesthesiology that is recognized by
the American Council on Graduate Medical Education, as set forth in
Section 2079.
(C) Documentation demonstrating that all equipment and drugs
required by the Board of Dental Examiners of California are possessed
by the applicant and shall be available for use in any dental office
in which he or she administers general anesthesia.
(D) Information relative to the current membership of the
applicant on hospital medical staffs.
(2) Prior to issuance or renewal of a permit pursuant to this
section, the Board of Dental Examiners of California may, at its
discretion, require an onsite inspection and evaluation of the
facility, equipment, personnel, including, but not limited to, the
physician and surgeon, and procedures utilized. At least one of the
persons evaluating the procedures utilized by the physician and
surgeon shall be a licensed physician and surgeon expert in
outpatient general anesthesia who has been authorized or retained
under contract by the Board of Dental Examiners of California for
this purpose.
(3) The permit of any physician and surgeon who has failed an
onsite inspection and evaluation shall be automatically suspended 30
days after the date on which the board notifies the physician and
surgeon of the failure unless within that time period the physician
and surgeon has retaken and passed an onsite inspection and
evaluation. Every physician and surgeon issued a permit under this
article shall have an onsite inspection and evaluation at least once
every six years. Refusal to submit to an inspection shall result in
automatic denial or revocation of the permit.
(c) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2000, deletes or
extends that date.
SEC. 4. Section 2079 is added to the Business and Professions
Code, to read:
2079. (a) A physician and surgeon who desires to administer
general anesthesia in the office of a dentist pursuant to Section
1646.9 shall provide the Medical Board of California with a copy of
the application submitted to the Board of Dental Examiners of
California pursuant to subdivision (b) of Section 1646.9 and a fee
established by the board not to exceed the costs of processing the
application as provided in this section.
(b) The Medical Board of California shall review the information
submitted and take action as follows:
(1) Inform the Board of Dental Examiners of California whether the
physician and surgeon has a current license in good standing to
practice medicine in this state.
(2) Verify whether the applicant has successfully completed a
postgraduate residency training program in anesthesiology and whether
the program has been recognized by the American Council on Graduate
Medical Education.
(3) Inform the Board of Dental Examiners of California whether the
Medical Board of California has determined that the applicant has
successfully completed the postgraduate residency training program in
anesthesiology recognized by the American Council on Graduate
Medicine.
(c) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2000, deletes or
extends that date.
SEC. 5. Section 2245 is added to the Business and Professions
Code, to read:
2245. (a) A violation of any provision of Article 2.7 (commencing
with Section 1646) of Chapter 4 of Division 2 or Section 1682 by a
physician and surgeon who possesses a permit issued by the Board of
Dental Examiners of California to administer general anesthesia in a
dental office may constitute unprofessional conduct.
(b) This section shall remain in effect only until January 1,
2000, and as of that date is repealed, unless a later enacted
statute, which is enacted on or before January 1, 2000, deletes or
extends that date.
SEC. 6. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to prevent unnecessary injury or death caused by a lack
of training or misuse of general anesthesia in a dental office, it is
necessary that this act take effect immediately.