California 2009-2010 Regular Session Status: Passed Assembly

AB 456 — Dentistry: diversion program.

Last action — From Senate committee without further action.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. The act requires the Dental Board of California to establish and administer a diversion program for the rehabilitation of licensees whose competency is impaired due to the abuse of drugs or alcohol, and imposes certain duties on diversion evaluation committees and the program manager related to accepting or denying licensees into, or terminating licensees from, the program, reviewing and designating treatment facilities, reviewing licensee participation, and performing other related duties. Existing law requires the board to close any investigation of a licensee whose investigation is based primarily on the self-administration or possession of certain controlled substances or drugs if the licensee enters and successfully completes a diversion program, and requires the reopening of the investigation upon withdrawal or termination from the program. Existing law requires that all participating licensees sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines that the licensee is a threat to the public's health and safety shall result in the use of the licensee's diversion treatment records in a disciplinary or criminal proceeding. Existing law authorizes the program manager to request execution of a similar statement of understanding that alleged violations of the act by a licensee entering a diversion program may still be investigated. Existing law authorizes a diversion evaluation committee to convene public meetings in closed sessions if considering reports pertaining to licensees requesting or participating in a diversion program and only to the extent necessary to protect the privacy of a licensee. Existing law requires a licensee who requests participation in a diversion program to agree to cooperate with the treatment program designed by the committee and to bear all costs of the program, unless the cost is waived by the board. This bill would declare the intent of the Legislature that the diversion program established by the Dental Board of California be implemented as both a rehabilitative and monitoring program for licensees whose participation is a component of a probationary or disciplinary action. The bill would delete the requirement that the board close investigations of licensees who self-administer or possess controlled substances or drugs and who enter and successfully complete a diversion program, and instead authorize the board to determine when to close or reopen investigations of those licensees, as specified. The bill would require a diversion evaluation committee to report to the board's enforcement program any licensee who is denied admission into, or terminated from, the diversion program, and who is deemed by the committee to present a threat to the public or his or her own health and safety. The bill would authorize the use of that licensee's diversion records in any disciplinary or criminal proceeding, and would delete the provisions that require or authorize the execution of a statement of understanding. The bill would authorize the diversion evaluation committee to report to the board's enforcement program certain licensees engaging in acts of substantial noncompliance, as determined by the diversion evaluation committee with the concurrence of the program manager, as defined, and would authorize the use of those licensees' records for purposes of discipline, as specified. The bill would also expand the committee's authority to convene a closed session meeting as applied to matters relating to a licensee requesting or participating in a diversion program, and would require a waiver of licensee confidentiality under certain circumstances, including upon filing by the licensee of a lawsuit against the board relating to the diversion program. The bill would also make other nonsubstantive, technical changes to related provisions.

Bill Text

Action History

  1. From Senate committee without further action.

  2. In committee: Hearing postponed by committee.

  3. In committee: Set, second hearing. Hearing canceled at the request of author.

  4. In committee: Set, first hearing. Hearing canceled at the request of author.

  5. In committee: Hearing postponed by committee.

  6. In committee: Hearing postponed by committee.

  7. Referred to Com. on B., P. & E.D.

  8. In Senate. Read first time. To Com. on RLS. for assignment.

  9. Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1819.)

  10. Read third time, amended, and returned to third reading. (Page 1736.).

  11. From Consent Calendar. To third reading.

  12. Read second time. To Consent Calendar.

  13. From committee: Do pass. To Consent Calendar. (May 13).

  14. From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 28).

  15. Re-referred to Com. on B. & P.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & P. Read second time and amended.

  17. Referred to Com. on B. & P.

  18. From printer. May be heard in committee March 27.

  19. Read first time. To print.

Sponsors

  • Emmerson · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Emmerson

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

AB 456 EMMERSON Assembly Third Reading

Passed 90 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 84002
Democratic 3000
Republican 3000
Total 90002
% of votes cast 98%0%0%2%
How each member voted (92)
Member Party Vote
Hagman — Yea
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Yamada — Yea
Ma — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Price — Yea
Ruskin — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Beall — Yea
Blakeslee — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Adams — Yea
Bass — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Lieu — Yea
Mendoza — Yea
Nestande — Yea
Nielsen — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Fuller — Yea
Furutani — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 19000
Democratic 1000
Republican 1000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Hall — Yea
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Harkey — Yea
Krekorian — Yea
Miller — Yea
Ammiano — Yea
Duvall — Yea
Nielsen — Yea
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Davis — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass and re-refer to Committee on Appropriations with recommendation: To Consent Calendar.

Passed 12 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Republican 1000
Total 12001
% of votes cast 92%0%0%8%
How each member voted (13)
Member Party Vote
Eng — Yea
John — Yea
A. — Yea
Perez — Yea
Hayashi — Yea
Nava — Yea
Price — Not Voting
Ruskin — Yea
Smyth — Yea
Hernandez — Yea
Conway — Yea
Emmerson — Yea
Niello, Roger W. Republican Yea

Official roll call →

Subjects

public-safety healthcare labor
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Frequently asked questions

What does AB 456 do?
The Dental Practice Act provides for the licensure and regulation of dentists by the Dental Board of California. The act requires the Dental Board of California to establish and administer a diversion program for the rehabilitation of licensees whose competency is impaired due to the abuse of drugs or alcohol, and imposes certain duties on diversion evaluation committees and the program manager related to accepting or denying licensees into, or terminating licensees from, the program, reviewing and designating treatment facilities, reviewing licensee participation, and performing other related duties. Existing law requires the board to close any investigation of a licensee whose investigation is based primarily on the self-administration or possession of certain controlled substances or drugs if the licensee enters and successfully completes a diversion program, and requires the reopening of the investigation upon withdrawal or termination from the program. Existing law requires that all participating licensees sign an agreement of understanding that withdrawal or termination from the diversion program at a time when a diversion evaluation committee determines that the licensee is a threat to the public's health and safety shall result in the use of the licensee's diversion treatment records in a disciplinary or criminal proceeding. Existing law authorizes the program manager to request execution of a similar statement of understanding that alleged violations of the act by a licensee entering a diversion program may still be investigated. Existing law authorizes a diversion evaluation committee to convene public meetings in closed sessions if considering reports pertaining to licensees requesting or participating in a diversion program and only to the extent necessary to protect the privacy of a licensee. Existing law requires a licensee who requests participation in a diversion program to agree to cooperate with the treatment program designed by the committee and to bear all costs of the program, unless the cost is waived by the board. This bill would declare the intent of the Legislature that the diversion program established by the Dental Board of California be implemented as both a rehabilitative and monitoring program for licensees whose participation is a component of a probationary or disciplinary action. The bill would delete the requirement that the board close investigations of licensees who self-administer or possess controlled substances or drugs and who enter and successfully complete a diversion program, and instead authorize the board to determine when to close or reopen investigations of those licensees, as specified. The bill would require a diversion evaluation committee to report to the board's enforcement program any licensee who is denied admission into, or terminated from, the diversion program, and who is deemed by the committee to present a threat to the public or his or her own health and safety. The bill would authorize the use of that licensee's diversion records in any disciplinary or criminal proceeding, and would delete the provisions that require or authorize the execution of a statement of understanding. The bill would authorize the diversion evaluation committee to report to the board's enforcement program certain licensees engaging in acts of substantial noncompliance, as determined by the diversion evaluation committee with the concurrence of the program manager, as defined, and would authorize the use of those licensees' records for purposes of discipline, as specified. The bill would also expand the committee's authority to convene a closed session meeting as applied to matters relating to a licensee requesting or participating in a diversion program, and would require a waiver of licensee confidentiality under certain circumstances, including upon filing by the licensee of a lawsuit against the board relating to the diversion program. The bill would also make other nonsubstantive, technical changes to related provisions.
Who sponsors AB 456?
AB 456 is sponsored by Emmerson.
What is the current status of AB 456?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 456?
Track AB 456 free on One Click Politics — get push/email alerts when it moves.

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