BILL ANALYSIS
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|Hearing Date:March 13, 2000 | Bill No:AB 869|
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SENATE COMMITTEE ON BUSINESS AND PROFESSIONS
Senator Liz Figueroa, Chair
Bill No: AB 869 - UrgencyAuthor:Keeley
As Amended:January 24, 2000 Fiscal: NO
SUBJECT: Oral conscious sedation.
SUMMARY: Delays the implementation of specified
requirements that must be met before a dentist may
administer oral conscious sedation to a minor patient.
Existing law:
1)Prohibits dentists, beginning January 1, 2000, from
administering oral conscious sedation on an
outpatient basis to a minor patient unless the
dentist holds a valid general anesthesia permit, a
conscious sedation permit, or has been certified by
the Dental Board of California (Board) to administer
oral sedation to minor patients.
2)Establishes a procedure for obtaining an oral
conscious sedation permit, requiring dentists to
submit evidence to the Board that certain
requirements have been met.
3)Requires oral conscious sedation permit holders to
complete a minimum of seven hours of approved
courses of study related to oral conscious sedation
of minor patients as a condition of certification
renewal as an oral conscious sedation provider.
4)Defines oral conscious sedation as a minimally
depressed level of consciousness produced by oral
medication that retains the patient's ability to
maintain independently and continuously an airway,
and respond appropriately to physical stimulation
and verbal command.
This bill delays the application of the requirements
that must be met before a dentist may administer oral
conscious sedation to a minor patient from December
31, 1999 to December 31, 2000.
FISCAL EFFECT: None
COMMENTS:
1.Purpose. This bill is sponsored by the California
Dental Association (CDA). According to the author
and sponsor, the bill is intended to provide
dentists more time to comply with California's oral
conscious sedation certification law.
2.Background. In 1998, AB 2006 (Keeley, Chapter 513,
Statutes of 1998) established a process by which
dentists who wish to administer, or order the
administration of, oral conscious sedation for minor
patients would be required to be certified with the
Board of Dental Examiners. AB 2006 created a number
of avenues by which dentists could qualify for
certification, including completion of a Board
approved course on oral medications and sedation and
documentation of ten successful treatments using
oral conscious sedation prior to August 31, 1998.
AB 2006 also prohibited the use of oral sedation
without a board permit or certification after
December 31, 1999.
The Board of Dental Examiners completed its
regulatory hearings last year. The regulations to
implement AB 2006 are currently under review by the
Office of Administrative Law (OAL) and a response is
expected by March 16, 2000. If the OAL disapproves,
the Board will have 120 days to respond and resubmit
their proposed regulations. OAL would then have 30
working days to review and respond. If the OAL
approves, they will file the regulations with the
Secretary of State and the regulations will take
effect 30 days later.
3.Arguments in Support. The CDA indicates that
hundreds of dentists have been unable to meet the
December 31, 1999 deadline because dental schools,
which are prepared to introduce courses on oral
medications and sedation, cannot move forward until
the Board's regulations are finalized. According to
the CDA, this has placed the dentists in a very
uncomfortable legal limbo, in which they are
technically out of compliance with the law but are
unable to obtain the certificates because the Board
has no authority to issue them.
4.Is a 1 year extension long enough? It appears that
the one year extension will be a sufficient amount
of time for the dentists to comply with the oral
conscious sedation certification law, even if the
OAL disapproves the regulations.
SUPPORT AND OPPOSITION:
Support:California Dental Association (Sponsor)
Opposition:None received.
Consultant:Kristin J. Triepke
AB 869
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