Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H300 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2095 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 300
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Denise C. Garlick and Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act establishing a dentist diversion program.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Denise C. Garlick13th Norfolk1/19/2023Tackey Chan2nd Norfolk1/19/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2095 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 300
18	18	By Representatives Garlick of Needham and Chan of Quincy, a petition (accompanied by bill,
19	19	House, No. 300) of Denise C. Garlick and Tackey Chan relative to establishing a remediation
20	20	program for dentists dealing with illness, substance abuse or mental health issues. Consumer
21	21	Protection and Professional Licensure.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act establishing a dentist diversion program.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 112 of the General Laws is hereby amended by inserting after
31	31	2section 52G the following two sections:-
32	32	3 Section 52H. In sections 52H and 52I, the following words shall have the following
33	33	4meanings:
34	34	5 “Impairment”, the inability of a licensed healthcare provider to practice with reasonable
35	35	6skill and safety as a result of a substance use or other mental disorder, or physical illness or
36	36	7condition, including but not limited to those illnesses or conditions that would adversely affect
37	37	8cognitive, motor, or perceptive skills. Impairment is a functional classification which exists
38	38	9dynamically on a continuum of severity and can change over time rather than being a static
39	39	10phenomenon. Illness, per se, does not constitute impairment. 2 of 4
40	40	11 “Remediation Program”, a confidential program for licensed dental professionals whose
41	41	12ability to practice may be impaired due to illness, typically substance use or other mental health
42	42	13disorders. The program offers a means of recovery and rehabilitation without the loss of a license
43	43	14by providing access to early identification, intervention, evaluation, monitoring, referral to
44	44	15appropriate intervention programs and treatment services, and earned advocacy, when
45	45	16appropriate, of licensees with potentially impairing illness, ideally prior to functional
46	46	17impairment.
47	47	18 “Continuing Care”, guidance, support, toxicology collection, and accountability through
48	48	19a formal monitoring contract concurrent with or following an evaluation and treatment process.
49	49	20 “Substantive Non-Compliance”, a pattern of non-compliance or dishonesty in continuing
50	50	21care monitoring or an episode of non-compliance which could place patients at risk.
51	51	22 “Peer Review Committee”, a committee of healthcare providers which has as its function
52	52	23the evaluation or improvement of the quality of health care rendered by providers of health care
53	53	24services, and the evaluation and assistance of health care providers impaired or allegedly
54	54	25impaired by reason of alcohol, drugs, physical disability, mental instability or otherwise.
55	55	26 Section 52I. (a) The board is hereby authorized and directed to select one or more entities
56	56	27to serve as designated remediation programs. A designated remediation program shall: (i) serve
57	57	28as a voluntary alternative to traditional disciplinary actions; (ii) establish criteria for the
58	58	29acceptance, denial, or termination of registered dentists and dental hygienists in the program; and
59	59	30(iii) establish an outreach program to identify registered dentists and dental hygienists who may
60	60	31have a substance use disorder and to provide education about the rehabilitation program. Any
61	61	32registered dentist or dental hygienist in Massachusetts may request to participate in the program. 3 of 4
62	62	33 (b) To be eligible for designation, a remediation program shall have demonstrable
63	63	34experience in the field of substance use disorder and employ a licensed mental health
64	64	35professional with experience in the treatment of substance use disorders. No employee or
65	65	36volunteer member of the remediation program who is licensed to practice by the department of
66	66	37public health, division of occupational licensure or by the board of registration in dentistry shall
67	67	38have had any type of disciplinary or enforcement action taken against them by their respective
68	68	39licensing board, the United States Food and Drug Administration or the United States Drug
69	69	40Enforcement Administration during the 5 years preceding their appointment to the program. No
70	70	41member of the board shall be employed by or volunteer for the program.
71	71	42 (c) The remediation program shall have the following duties and responsibilities: (i) to
72	72	43evaluate registered dentists and dental hygienists who request to participate in the program
73	73	44regarding admission into the program; (ii) to agree to accept referrals from the board; (iii) to
74	74	45review and designate treatment facilities and assessment services to which participants may be
75	75	46referred; (iv) to receive and review information concerning a participant in the program; (v) to
76	76	47disclose to the board aggregate data andstatistics on compliance based on ongoing recovery
77	77	48documentation; (vi) to provide each participant, through contracted agreements, with an
78	78	49individualized remediation plan according to guidelines developed through collaboration
79	79	50between the board and the remediation program with regards to requirements for supervision;
80	80	51(vii) to provide information to dentists or dental hygienists who request to participate in the
81	81	52program, and (viii) to establish an outreach program to identify registered dentists and dental
82	82	53hygienists who may have a substance use or other mental health disorder, and to provide
83	83	54education about the remediation program. 4 of 4
84	84	55 (d) In accordance with peer review law, proceedings, reports, and records of the
85	85	56remediation program are to be kept confidential pursuant to section 204 of chapter 111. Such
86	86	57records are not to be disclosed, are not subject to subpoena or discovery, and cannot be
87	87	58introduced into evidence in any judicial or administrative proceeding, subject to paragraph (e)
88	88	59and (f).
89	89	60 (e) A registered dentist or dental hygienist who requests to participate in the remediation
90	90	61program shall agree to cooperate with the individualized remediation plan recommended by the
91	91	62remediation program. The remediation program may report to the board the name and license
92	92	63number of a registered dentist or dental hygienist that fails to comply with the provisions of an
93	93	64individualized remediation plan.
94	94	65 (f) After the remediation program, in its discretion, has determined that a registered
95	95	66dentist or dental hygienist has successfully completed an individualized remediation plan
96	96	67through the program, the board shall seal all records pertaining to the participation of the
97	97	68registered dentist or dental hygienist in the program. No record shall be sealed sooner than 5
98	98	69years from the participant’s date of entry into the program. All board and remediation program
99	99	70records of a participant’s involvement in the program shall be kept confidential and shall not be
100	100	71subject to discovery or subpoena in any civil, criminal, legislative or administrative proceeding
101	101	72without the prior written consent of the participant.