It is the intent of the Legislature that the Dental Board of California seek ways and means to identify and rehabilitate licentiates whose competency may be impaired due to abuse of dangerous drugs or alcohol, so that licentiates so afflicted may be treated and returned to the practice of dentistry in a manner that will not endanger the public health and safety. It is also the intent of the Legislature that the Dental Board of California shall implement this legislation in part by establishing a diversion program as a voluntary alternative approach to traditional disciplinary actions.
DentistryDiversion Program
Section § 1695
This law encourages the Dental Board of California to help dentists impaired by drug or alcohol abuse. The goal is to rehabilitate and safely return them to practice without risking public health. A voluntary diversion program is suggested as an alternative to typical disciplinary measures.
Dental Board of California dentist rehabilitation impaired competency
Section § 1695.1
This section defines key terms used in the laws about a program related to the Dental Board of California. 'Board' refers to the Dental Board, 'Committee' is a group that evaluates diversion, and a 'Program manager' is someone with experience in substance abuse issues who oversees the diversion program.
As used in this article:
(a)CA Business & Professions Code § 1695.1(a) “Board” means the Dental Board of California.
(b)CA Business & Professions Code § 1695.1(b) “Committee” means a diversion evaluation committee created by this article.
(c)CA Business & Professions Code § 1695.1(c) “Program manager” means the staff manager of the diversion program, as designated by the executive officer of the board. The program manager shall have background experience in dealing with substance abuse issues.
Dental Board diversion evaluation committee program manager
Section § 1695.2
This law allows for the creation of diversion evaluation committees, which are set up by a board. The board decides who gets to be on the committee, but no board members are allowed to serve on these committees themselves.
One or more diversion evaluation committees is hereby created in the state to be established by the board. The board shall establish criteria for the selection of the committee. No board member shall serve on any committee.
diversion evaluation committee board selection criteria committee creation
Section § 1695.3
Members of a committee are entitled to a daily allowance and reimbursement for expenses as outlined in another law.
Each member of a committee shall receive per diem and expenses as provided in Section 103.
committee members per diem reimbursement
Section § 1695.4
This law section says that the board is responsible for managing and applying the rules and requirements outlined in the article.
The board shall administer the provisions of this article.
board responsibility administer provisions management duties
Section § 1695.5
This law allows licensed professionals to participate in a diversion program if they voluntarily seek help or are ordered by the board. Those under investigation can also join, but they must acknowledge potential consequences. If an investigation is due to substance misuse and doesn't harm the public, it might be dropped if the person successfully completes the program. Joining the diversion program doesn't stop ongoing investigations or disciplinary actions for misconduct. If someone leaves or is removed from the program or poses a health risk, their records might be used in further disciplinary actions. Those removed for non-compliance may face further penalties from the board.
(a)CA Business & Professions Code § 1695.5(a) The board shall establish criteria for the acceptance, denial, or termination of licentiates in a diversion program. Unless ordered by the board as a condition of licentiate disciplinary probation, only those licentiates who have voluntarily requested diversion treatment and supervision by a committee shall participate in a diversion program.
(b)CA Business & Professions Code § 1695.5(b) A licentiate who is not the subject of a current investigation may self-refer to the diversion program on a confidential basis, except as provided in subdivision (f).
(c)CA Business & Professions Code § 1695.5(c) A licentiate under current investigation by the board may also request entry into the diversion
program by contacting the board’s Diversion Program Manager. The Diversion Program Manager may refer the licentiate requesting participation in the program to a diversion evaluation committee for evaluation of eligibility. Prior to authorizing a licentiate to enter into the diversion program, the Diversion Program Manager may require the licentiate, while under current investigation for any violations of the Dental Practice Act or other violations, to execute a statement of understanding that states that the licentiate understands that his or her violations of the Dental Practice Act or other statutes that would otherwise be the basis for discipline, may still be investigated and the subject of disciplinary action.
(d)CA Business & Professions Code § 1695.5(d) If the reasons for a current investigation of a licentiate are based primarily on the self-administration of any controlled substance or dangerous drugs or alcohol under Section 1681, or the illegal possession, prescription, or
nonviolent procurement of any controlled substance or dangerous drugs for self-administration that does not involve actual, direct harm to the public, the board shall close the investigation without further action if the licentiate is accepted into the board’s diversion program and successfully completes the requirements of the program. If the licentiate withdraws or is terminated from the program by a diversion evaluation committee, and the termination is approved by the program manager, the investigation shall be reopened and disciplinary action imposed, if warranted, as determined by the board.
(e)CA Business & Professions Code § 1695.5(e) Neither acceptance nor participation in the diversion program shall preclude the board from investigating or continuing to investigate, or taking disciplinary action or continuing to take disciplinary action against, any licentiate for any unprofessional conduct committed before, during, or after participation in the diversion program.
(f)CA Business & Professions Code § 1695.5(f) If a licentiate withdraws or is terminated from the diversion program for failure to comply or is determined to be a threat to the public or his or her own health and safety, all diversion records for that licentiate shall be provided to the board’s enforcement program and may be used in any disciplinary proceeding. If a licentiate in a diversion program tests positive for any banned substance, the board’s diversion program manager shall immediately notify the board’s enforcement program and provide the documentation evidencing the positive test result to the enforcement program. This documentation may be used in a disciplinary proceeding.
(g)CA Business & Professions Code § 1695.5(g) Any licentiate terminated from the diversion program for failure to comply with program requirements is subject to disciplinary action by the board for acts committed before, during, and after participation in the diversion program. A
licentiate who has been under investigation by the board and has been terminated from the diversion program by a diversion evaluation committee shall be reported by the diversion evaluation committee to the board.
diversion program licentiate voluntary treatment
Section § 1695.6
This section outlines the responsibilities of a committee that operates under the guidance of a program manager. The committee is tasked with several duties: evaluating dentists who want to join a diversion program, choosing appropriate treatment facilities for them, monitoring participants' progress, and deciding if they can safely continue practicing dentistry. They also carry out other tasks as directed by the board or program manager.
A committee created under this article operates under the direction of the program manager. The program manager has the primary responsibility to review and evaluate recommendations of the committee. Each committee shall have the following duties and responsibilities:
(a)CA Business & Professions Code § 1695.6(a) To evaluate those licentiates who request to participate in the diversion program according to the guidelines prescribed by the board and to make recommendations. In making the recommendations, a committee shall consider the recommendations of any licentiates designated by the board to serve as consultants on the admission of the licentiate to the diversion program.
(b)CA Business & Professions Code § 1695.6(b) To review and designate those treatment facilities to which licentiates in a diversion program may be referred.
(c)CA Business & Professions Code § 1695.6(c) To receive and review information concerning a licentiate participating in the program.
(d)CA Business & Professions Code § 1695.6(d) To consider in the case of each licentiate participating in a program whether he or she may with safety continue or resume the practice of dentistry.
(e)CA Business & Professions Code § 1695.6(e) To perform such other related duties, under the direction of the board or program manager, as the board may by regulation require.
diversion program committee duties program manager
Section § 1696
This section allows a committee to hold private, closed meetings when discussing reports about a professional who is in a diversion program. The closed sessions are only allowed when necessary to protect the privacy of the individual involved.
Notwithstanding the provisions of Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to public meetings, a committee may convene in closed session to consider reports pertaining to any licentiate requesting or participating in a diversion program. A committee shall only convene in closed session to the extent that it is necessary to protect the privacy of such a licentiate.
closed session diversion program licentiate privacy
Section § 1697
If a licensed professional wants to join a diversion program, they must agree to follow the treatment plan laid out by the committee and approved by the manager. They must also pay for it unless the board decides to waive the fees. Not following the program rules can get them kicked out of the program.
Each licentiate who requests participation in a diversion program shall agree to cooperate with the treatment program designed by the committee and approved by the program manager and to bear all costs related to the program, unless the cost is waived by the board. Any failure to comply with the provisions of a treatment program may result in termination of the licentiate’s participation in a program.
diversion program treatment program licentiate responsibility
Section § 1698
This law section explains that once a licensed professional successfully completes a rehabilitation program, any records of their participation in that program must be destroyed. Additionally, records related to their treatment in the program are kept confidential and cannot be used in legal proceedings unless specifically allowed by another part of the law.
(a)CA Business & Professions Code § 1698(a) After the committee and the program manager in their discretion have determined that a licentiate has been rehabilitated and the diversion program is completed, the committee shall purge and destroy all records pertaining to the licentiate’s participation in a diversion program.
(b)CA Business & Professions Code § 1698(b) Except as authorized by subdivision (f) of Section 1695.5, all board and committee records and records of proceedings pertaining to the treatment of a licentiate in a program shall be kept confidential and are not subject to discovery or subpoena.
licentiate rehabilitation diversion program records purge and destroy
Section § 1699
This law ensures that anyone who reports a licensed professional’s involvement in a diversion program to a committee or the board is given legal support if they are sued for defamation because of their report.
The board shall provide for the representation of any person making reports to a committee or the board under this article in any action for defamation for reports or information given to the committee or the board regarding a licentiate’s participation in the diversion program.
defamation protection licentiate participation diversion program
