Bill Text: CA AB2557 | 2009-2010 | Regular Session | Introduced

California Assembly Bill 2557 (Prior Session Legislation)

Introduced

Bill Title: Government tort claims: dentists.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-04-06 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2557 Detail]

Download: California-2009-AB2557-Introduced.html

BILL NUMBER: AB 2557	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 19, 2010

   An act to add Section 820.27 to the Government Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2557, as introduced, Salas. Government tort claims: dentists.
   Existing law governs the tort liability and immunity of public
entities and their officers and employees, claims and actions against
public entities and their officers and employees, insurance
indemnification, and the defense and indemnification of public
officers and employees. Existing law provides that a public employee
is not liable for an injury resulting from his or her act or omission
where the act or omission was the result of the exercise of the
discretion vested in him or her, whether or not that discretion is
abused.
   This bill would provide that a licensed dentist, as defined, is
entitled to all of the immunities from liability provided a public
employee when treating or diagnosing a patient at no cost to the
patient, as specified. The bill would provide instead that the state
may be held liable for any injury or damages resulting from that
treatment or diagnosis.
   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.  Section 820.27 is added to the Government Code, to
read:
   820.27.  (a) A licensed dentist shall be entitled to all of the
immunities from liability provided under this division as if he or
she is a public employee when treating or diagnosing a patient at no
cost to the patient through a nonprofit agency or free clinic or to
an indigent person at the office of the licensed dentist.
   (b) For purposes of this section, the following definitions shall
apply:
   (1) "Licensed dentist" means a dentist who holds a current and
valid license to practice dentistry from the Dental Board of
California pursuant to Chapter 4 (commencing with Section 1600) of
Division 2 of the Business and Professions Code, and whose license is
not suspended, revoked, or otherwise restricted by the board or
subject to discipline under that chapter. "Licensed dentist" shall
also include a dentist who holds a retired active license pursuant to
Section 1716.1 of the Business and Professions Code.
   (2) "Treating or diagnosing" shall have the same meaning as set
forth in Section 1625 of the Business and Professions Code.
   (c) The state may be held liable for any injury or damages
resulting from the services provided by a licensed dentist pursuant
to this section.