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