BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 869|
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CONSENT
Bill No: AB 869
Author: Keeley (D)
Amended: 1/24/00 in Assembly
Vote: 27 - Urgency
SENATE BUSINESS & PROFESSIONS COMMITTEE : 6-0, 3/13/00
AYES: Figueroa, Johannessen, Kelley, Murray, Polanco,
Speier
NOT VOTING: O'Connell
ASSEMBLY FLOOR : 77-0, 1/31/00 - See last page for vote
SUBJECT : Oral conscious sedation
SOURCE : California Dental Association
DIGEST : This bill delays the implementation of specified
requirements that must be met before a dentist may
administer oral conscious sedation to a minor patient.
ANALYSIS : 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
to administer oral sedation to minor patients.
2.Establishes a procedure for obtaining an oral conscious
sedation permit, requiring dentists to submit evidence to
CONTINUED
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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.
Comments
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.
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
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 3/14/00)
California Dental Association (source)
ARGUMENTS IN SUPPORT : 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.
ASSEMBLY FLOOR :
AYES: Aanestad, Ackerman, Alquist, Aroner, Ashburn,
Baldwin, Bates, Battin, Baugh, Bock, Brewer, Briggs,
Calderon, Campbell, Cardoza, Cedillo, Corbett, Correa,
Cox, Cunneen, Davis, Dickerson, Ducheny, Dutra,
Firebaugh, Florez, Floyd, Frusetta, Gallegos, Granlund,
Havice, Hertzberg, Honda, House, Jackson, Kaloogian,
Keeley, Knox, Kuehl, Leach, Lempert, Leonard, Longville,
Lowenthal, Machado, Maddox, Maldonado, Margett, Mazzoni,
McClintock, Migden, Nakano, Olberg, Oller, Robert
Pacheco, Rod Pacheco, Papan, Pescetti, Romero, Runner,
Scott, Shelley, Soto, Steinberg, Strickland,
Strom-Martin, Thompson, Thomson, Torlakson, Vincent,
Wayne, Wesson, Wiggins, Wildman, Wright, Zettel,
Villaraigosa
NOT VOTING: Cardenas, Reyes, Washington
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CP:sl 3/14/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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