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SB-620 Dentistry: general anesthesia.(2007-2008)

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SB620:v97#DOCUMENT

Senate Bill No. 620
CHAPTER 210

An act to amend Sections 1646.9 and 2079 of the Business and Professions Code, relating to dentistry, and making an appropriation therefor.

[ Approved by Governor  September 11, 2007. Filed with Secretary of State  September 11, 2007. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 620, Correa. Dentistry: general anesthesia.
Existing law, the Dental Practice Act, authorizes a physician and surgeon, until January 1, 2008, to administer general anesthesia to a dental patient in the office of a dentist who does not possess a general anesthesia permit if, among other things, the physician and surgeon holds a valid general anesthesia permit issued by the Dental Board of California. In order to obtain that permit, existing law requires the physician and surgeon, among other things, to pay specified fees, which are deposited in the State Dentistry Fund, a continuously appropriated fund, and in the Contingent Fund of the Medical Board of California, continuously appropriated funds, and to submit his or her application to the Medical Board of California for review, as specified.
This bill would delete the January 1, 2008, repeal date, thereby extending the operation of these provisions indefinitely. By extending the operation of the provisions dealing with the payment of fees into a continuously appropriated fund, the bill would make an appropriation.
Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1646.9 of the Business and Professions Code is amended to read:

1646.9.
 (a) Notwithstanding any other provision of law, including, but not limited to, Section 1646.1, a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) may administer general anesthesia in the office of a licensed dentist for dental patients, without regard to whether the dentist possesses a permit issued pursuant to this article, if both of the following conditions are met:
(1) The physician and surgeon possesses a current license in good standing to practice medicine in this state.
(2) The physician and surgeon holds a valid general anesthesia permit issued by the Dental Board of California pursuant to subdivision (b).
(b) (1) A physician and surgeon who desires to administer general anesthesia as set forth in subdivision (a) shall apply to the Dental Board of California on an application form prescribed by the board and shall submit all of the following:
(A) The payment of an application fee prescribed by this article.
(B) Evidence satisfactory to the Medical Board of California showing that the applicant has successfully completed a postgraduate residency training program in anesthesiology that is recognized by the American Council on Graduate Medical Education, as set forth in Section 2079.
(C) Documentation demonstrating that all equipment and drugs required by the Dental Board of California are possessed by the applicant and shall be available for use in any dental office in which he or she administers general anesthesia.
(D) Information relative to the current membership of the applicant on hospital medical staffs.
(2) Prior to issuance or renewal of a permit pursuant to this section, the Dental Board of California may, at its discretion, require an onsite inspection and evaluation of the facility, equipment, personnel, including, but not limited to, the physician and surgeon, and procedures utilized. At least one of the persons evaluating the procedures utilized by the physician and surgeon shall be a licensed physician and surgeon expert in outpatient general anesthesia who has been authorized or retained under contract by the Dental Board of California for this purpose.
(3) The permit of a physician and surgeon who has failed an onsite inspection and evaluation shall be automatically suspended 30 days after the date on which the board notifies the physician and surgeon of the failure unless within that time period the physician and surgeon has retaken and passed an onsite inspection and evaluation. Every physician and surgeon issued a permit under this article shall have an onsite inspection and evaluation at least once every six years. Refusal to submit to an inspection shall result in automatic denial or revocation of the permit.

SEC. 2.

 Section 2079 of the Business and Professions Code is amended to read:

2079.
 (a) A physician and surgeon who desires to administer general anesthesia in the office of a dentist pursuant to Section 1646.9, shall provide the Medical Board of California with a copy of the application submitted to the Dental Board of California pursuant to subdivision (b) of Section 1646.9 and a fee established by the board not to exceed the costs of processing the application as provided in this section.
(b) The Medical Board of California shall review the information submitted and take action as follows:
(1) Inform the Dental Board of California whether the physician and surgeon has a current license in good standing to practice medicine in this state.
(2) Verify whether the applicant has successfully completed a postgraduate residency training program in anesthesiology and whether the program has been recognized by the American Council on Graduate Medical Education.
(3) Inform the Dental Board of California whether the Medical Board of California has determined that the applicant has successfully completed the postgraduate residency training program in anesthesiology recognized by the American Council on Graduate Medicine.