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Regulations - Chapter 1, Article 5 .5

TITLE 16. PROFESSIONAL AND VOCATIONAL REGULATIONS
DIVISION 10. DENTAL BOARD OF CALIFORNIA
CHAPTER 1. GENERAL PROVISIONS APPLICABLE TO ALL LICENSEES
ARTICLE 5.5. IMPAIRED LICENTIATES PROGRAM

Section 1020.1. Criteria for Admission.
Section 1020.2. Causes for Denial of Admission.
Section 1020.3. Termination from the Program.
Section 1020.4. Diversion Evaluation Committee Membership.
Section 1020.5. Diversion Evaluation Committee Duties and Responsibilities.
Section 1020.6. Committee Consultants.
Section 1020.7. Procedure for Review of Applicants.
Section 1020.8. Confidentiality of Records.

Section 1020.1. Criteria for Admission.
An applicant shall meet the following criteria for admission to the Impaired Licentiate Program.
(a) Is a California licensed dentist or dental auxiliary.
(b) Resides in California.
(c) Is found to abuse narcotics, dangerous drugs or alcohol in a manner which may affect the licentiate's ability to practice safely or competently.
(d) Has voluntarily requested admission to the program.
(e) Agrees to undertake any medical and/or psychiatric examinations ordered to evaluate the application for participation in the program.
(f) Cooperates with the program by providing medical information, disclosure authorizations and releases of liability as may be necessary for participation in the program.
(g) Agrees in writing to cooperate and comply with all elements of the treatment program designed by a diversion evaluation committee and to bear all the costs of such program.
(h) Has not been convicted of a crime involving the sale of narcotics or dangerous drugs.

Note: Authority cited: Sections 1614 and 1695.5, Business and Professions Code. Reference: Sections 1695.5 and 1697, Business and Professions Code.

HISTORY
  1. New Article 5.5 (Sections 1020.1-1020.8) filed 10-11-85; effective thirtieth day thereafter (Register 85, No. 41).
  2. Repealer of subsection (i) filed 9-10-98; operative 10-10-98 (Register 98, No. 37).

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Section 1020.2. Causes for Denial of Admission.
A diversion evaluation committee may deny an applicant admission to the program for any of the following reasons:
(a) The applicant does not meet the requirements set forth in Section 1020.1.
(b) The committee determines that the applicant will not substantially benefit from participation in the program or that the applicant's participation in the program creates too great a risk to the public health, safety or welfare.

Note: Authority cited: Sections 1614 and 1695.5, Business and Professions Code. Reference: Section 1695.5, Business and Professions Code.

HISTORY
  1. Repealer of subsections (b) and (c) and subsection relettering filed 9-10-98; operative 10-10-98 (Register 98, No. 37).

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Section 1020.3. Termination from the Program.
(a) A diversion evaluation committee may terminate a licentiate's participation in the program for any of the following reasons:
  1. (1) The licentiate has successfully completed the treatment program prescribed by the committee.
  2. (2) The committee votes to terminate participation for one of the following causes:
  3. (A) The licentiate has failed to comply with the treatment program designated by the committee.
  4. (B) The licentiate has failed to comply with any of the requirements set forth in Section 1020.1.
  5. (C) Any cause for denial of an applicant set forth in Section 1020.2.
  6. (D) The committee determines that the licentiate has not substantially benefited from participation in the program or that the licentiate's continued participation in the program creates too great a risk to the public health, safety or welfare.
(b) The committee shall determine, based upon the recommendation of both the program manager and a consultant, whether to terminate participation in the program. The committee's decision on termination shall be final.

Note: Authority cited: Sections 1614 and 1695.5, Business and Professions Code. Reference: Sections 1695.5 and 1697, Business and Professions Code.

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Section 1020.4. Diversion Evaluation Committee Membership.
(a) A diversion evaluation committee shall consist of six members: three licensed dentists, one licensed dental auxiliary, one public member, and one licensed physician or psychologist.
(b) Each committee member shall have experience or knowledge in the evaluation or management of persons who are impaired due to alcohol or drug abuse.
(c) Each member of the committee shall be appointed by the board and shall serve at the board's pleasure. Members of a committee shall be appointed for a term of four years, and each member shall hold office until the appointment and qualification of his or her successor or until one year shall have elapsed since the expiration of the term for which he or she was appointed, whichever first occurs. No person shall serve as a member of the committee for more than two terms.

Note: Authority cited: Sections 1614 and 1695.2, Business and Professions Code. Reference: Section 1695.2, Business and Professions Code.

HISTORY
  1. Amendment of subsection (c) filed 9-10-98; operative 10-10-98 (Register 98, No. 37).

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Section 1020.5. Diversion Evaluation Committee Duties and Responsibilities.
A diversion evaluation committee shall have the following duties and responsibilities in addition to those set forth in Section 1695.6 of the Code:
  1. (a) To consider recommendations of the program manager and any consultant to the committee;
  2. (b) To set forth in writing for each licensee in a program a treatment and rehabilitation program established for that licensee with the requirements for supervision and surveillance.

Note: Authority cited: Sections 1614 and 1695.6, Business and Professions Code. Reference: Section 1695.6, Business and Professions Code.

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Section 1020.6. Committee Consultants.
A Diversion Evaluation Committee (DEC) may utilize one or more chemical dependency treatment service providers or licensed physicians or psychologists who are competent in their field or specialty and who have demonstrated expertise in the diagnosis and treatment of substance abuse.

Note: Authority cited: Sections 1614 and 1695.4, Business and Professions Code. Reference: Sections 1695.4 and 1695.6, Business and Professions Code.

HISTORY
  1. Amendment filed 9-10-98; operative 10-10-98 (Register 98, No. 37).

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Section 1020.7. Procedure for Review of Applicants.
(a) A diversion evaluation committee consultant and/or program manager shall (b) The consultant shall interview the applicant and initiate such clinical assessments as necessary to determine applicant eligibility to participate in the program. The program manager may request such other information, authorizations, and releases necessary for participation in the program.
(c) The program manager and the consultant who interview and assess the applicant shall each make a recommendation to the committee whether the applicant should be admitted to the program.
(d) The committee's decision on admission to the program shall be final.

Note: Authority cited: Sections 1614 and 1695.4, Business and Professions Code. Reference: Section 1695.6, Business and Professions Code.

HISTORY
  1. Amendment filed 9-10-98; operative 10-10-98 (Register 98, No. 37).

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Section 1020.8. Confidentiality of Records.
Note: Authority cited: Sections 1614 and 1695.4, Business and Professions Code. Reference: Section 1698, Business and Professions Code.

HISTORY
  1. Repealer filed 9-10-98; operative 10-10-98 (Register 98, No. 37).