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
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|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 |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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
FN: 0000902