Bill Text: CA AB2235 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Board of Dentistry: pediatric anesthesia: committee.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2016-09-23 - Chaptered by Secretary of State - Chapter 519, Statutes of 2016. [AB2235 Detail]

Download: California-2015-AB2235-Amended.html

---

BILL NUMBER: AB 2235	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Thurmond

                        FEBRUARY 18, 2016

   An act to  amend Section 1682 of, and to  add Section
1601.4  to   to,  the Business and
Professions Code, relating to healing arts.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2235, as amended, Thurmond. Board of Dentistry: pediatric
anesthesia: committee.
   The Dental Practice Act provides for the licensure and regulation
of dentists by the Dental Board of California. That act authorizes a
committee of the board to evaluate all suggestions or requests for
regulatory changes related to the committee and to hold informational
hearings in order to report and make appropriate recommendations to
the board, after consultation with departmental legal counsel and the
board's chief executive officer. The act requires a committee to
include in any report regarding a proposed regulatory change, at a
minimum, the specific language or the proposed change or changes and
the reasons therefor, and any facts supporting the need for the
change.
   The act governs the use of general anesthesia, conscious sedation,
and oral conscious sedation for pediatric and adult patients. 
The act makes it unprofessional conduct for any dentist to fail to
obtain the written informed consent of a patient prior to
administering general anesthesia or conscious sedation. In the case
of a minor, the act requires that the consent be obtained from the
child's parent or guardian. 
   This  bill   bill, which would be known as
"Caleb's Law,   "  would require the board, on or
before March 31, 2017, to establish a committee to investigate
whether the current laws, regulations, and policies of the state are
sufficient to  guard against unnecessary use of anesthesia
for young patients and potential injury or death.  
minimize the potential for injury or death in minors from the
administration of general anesthesia or deep sedation for dental
patients.  The bill would require the committee, on or before
 December   September  1, 2017, to review
all incident reports related to pediatric anesthesia in dentistry in
the state for the years 2011 through 2016, inclusive, and to review
the policies of other states and dental associations to ensure that
this state has regulation and policies in place to do everything
feasible to protect young patients.  The bill would require the
committee, on or before January 1, 2018, to recommend to the board
any measures that would further reduce the potential for injury or
death in minors from the administration of general anesthesia or deep
sedation for dental patients. The bill would require the board, on
or before January 1, 2018, to report the committee's recommendations
to the Legislature and make the report publicly available  
on the board's Internet Web site.  
   This bill, with regard to obtaining written informed consent for
general anesthesia or conscious sedation in the case of a minor,
would require that the written informed consent include a form or
forms approved by the board, containing specified information
regarding the risk of an adverse event. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    This act shall be known, and may be
cited, as "Caleb's Law." 
   SECTION 1.   SEC. 2.   Section 1601.4 is
added to the Business and Professions Code, to read:
   1601.4.   (a)    The board, on or before March
31, 2017, shall establish a committee to investigate whether the
current laws, regulations, and policies of the state are sufficient
to  guard against unnecessary use of anesthesia for young
patients and   minimize the  potential  for
 injury or  death.   death in minors from
the administration of general anesthesia or deep sedation for dental
patients.   On 
    (b)     On  or before 
December   September  1, 2017, the committee shall
review all incident reports related to pediatric anesthesia in
dentistry in the state for the years 2011 through 2016, inclusive,
and shall review the policies of other states and dental associations
to ensure that this state has regulation and policies in place to do
everything feasible to protect young patients. 
   (c) On or before January 1, 2018, the committee shall recommend to
the board any measures that would further reduce the potential for
injury or death in minors from the administration of general
anesthesia or deep sedation for dental patients.  
   (d) On or before January 1, 2018, the board shall report to the
Legislature the recommendations of the committee pursuant to
subdivision (c). The report shall be submitted in compliance with
Section 9795 of the Government Code. The requirement for submitting a
report imposed by this subdivision is inoperative on December 1,
2021, pursuant to Section 10231.5 of the Government Code. The board
shall make the report publicly available on the board's Internet Web
site. 
   SEC. 3.    Section 1682 of the   Business
and Professions Code   is amended to read: 
   1682.  In addition to other acts constituting unprofessional
conduct under this chapter, it is unprofessional conduct for:
   (a) Any dentist performing dental procedures to have more than one
patient undergoing conscious sedation or general anesthesia on an
outpatient basis at any given time unless each patient is being
continuously monitored on a one-to-one ratio while sedated by either
the dentist or another licensed health professional authorized by law
to administer conscious sedation or general anesthesia.
   (b) Any dentist with patients recovering from conscious sedation
or general anesthesia to fail to have the patients closely monitored
by licensed health professionals experienced in the care and
resuscitation of patients recovering from conscious sedation or
general anesthesia. If one licensed professional is responsible for
the recovery care of more than one patient at a time, all of the
patients shall be physically in the same room to allow continuous
visual contact with all patients and the patient to recovery staff
ratio should not exceed three to one.
   (c) Any dentist with patients who are undergoing conscious
sedation to fail to have these patients continuously monitored during
the dental procedure with a pulse oximeter or similar or superior
monitoring equipment required by the board.
   (d) Any dentist with patients who are undergoing conscious
sedation to have dental office personnel directly involved with the
care of those patients who are not certified in basic cardiac life
support (CPR) and recertified biennially.
   (e)  (1)    Any dentist to fail to obtain the
written informed consent of a patient prior to administering general
anesthesia or conscious sedation. In the case of a minor, the consent
shall be obtained from the child's parent or guardian. 
   (2) The written informed consent, in the case of a minor, shall
include a form or forms approved by the board, which shall contain
the following information:  
   (A) If the licensee will both perform the procedure and administer
general anesthesia or deep sedation, that there is a greater risk of
an adverse event, including but not limited to death, if the same
person is performing the procedure and administering general
anesthesia or deep sedation.  
   (B) If the monitoring technologies recommended by the American
Academy of Pediatric Dentistry will not be used, that doing so may
increase the risk of an adverse event, including but not limited to
death.  
   (3) For the purpose of this subdivision, administering general
anesthesia or deep sedation shall include, but is not limited to,
directing the administration of general anesthesia or deep sedation.
Nothing in this subdivision shall be construed to establish the
reasonable standard of care for administering general anesthesia or
deep sedation.