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 authorize 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 also require 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 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 toll the statute of limitations for filing an accusation against a licensee during the time period a licensee is participating in the diversion program, and would delete the authority of the board to waive costs attributed to a licensee participating in a program. The bill would also make other nonsubstantive, technical changes to related provisions.