Bill Text: CA AB502 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Dental hygiene.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-06 - Chaptered by Secretary of State - Chapter 516, Statutes of 2015. [AB502 Detail]
Download: California-2015-AB502-Amended.html
Bill Title: Dental hygiene.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2015-10-06 - Chaptered by Secretary of State - Chapter 516, Statutes of 2015. [AB502 Detail]
Download: California-2015-AB502-Amended.html
BILL NUMBER: AB 502 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 16, 2015
INTRODUCED BY Assembly Member Chau
FEBRUARY 23, 2015
An act to amend Sections 1924, 1926, and 1931
Section 1926 of the Business and Professions Code, to
amend Sections 13401 and 13401.5 of the Corporations Code, to add
Section 1374.196 to the Health and Safety Code, and to add Section
10120.4 to the Insurance Code, relating to dental hygiene.
LEGISLATIVE COUNSEL'S DIGEST
AB 502, as amended, Chau. Dental hygiene.
(1) Existing law, the Dental Practice Act, provides for the
licensure and regulation of registered dental hygienists, registered
dental hygienists in extended functions, and registered dental
hygienists in alternative practice by the Dental Hygiene Committee of
California.
Existing law authorizes a registered dental hygienist in
alternative practice to perform various duties in specified settings,
including dental health professional shortage areas, as certified by
the Office of Statewide Health Planning and Development.
This bill would require an alternative dental hygiene practice
established within a certified shortage area to continue regardless
of certification.
Existing law authorizes a registered dental hygienist in
alternative practice to provide services to a patient without
obtaining written verification that the patient has been examined by
a dentist or physician and surgeon licensed to practice in this
state. However, under existing law, if the registered dental
hygienist in alternative practice provides services to a patient 18
months or more after the first date that he or she provides services
to a patient, he or she is required to obtain written verification,
including a prescription for dental hygiene services, that the
patient has been examined by a dentist or physician and surgeon
licensed to practice in this state.
This bill would delete that written verification and prescription
requirement.
(2) Existing law, the Moscone-Knox Professional Corporation Act,
prohibits a professional corporation from rendering professional
services in this state without a currently effective certificate of
registration issued by the governmental agency regulating the
profession in which the corporation is or proposes to be engaged and
excepts any professional corporation rendering professional services
by persons duly licensed by specified state entities from that
requirement. Existing law authorizes specified healing arts
practitioners to be shareholders, officers, directors, or
professional employees of a designated professional corporation,
subject to certain limitations relating to ownership of shares.
This bill would additionally except any professional corporation
rendering professional services by persons duly licensed by the
Dental Hygiene Committee of California from the certificate of
registration requirement. The bill would authorize dental assistants
and licensed dentists to be shareholders, officers, directors, or
professional employees of a registered dental hygienist in
alternative practice corporation.
(3) Existing law, the Knox-Keene Health Care Service Plan Act of
1975, provides for the licensure and regulation of health care
service plans by the Department of Managed Health Care and makes a
willful violation of the act a crime. Existing law also provides for
the regulation of health insurers by the Department of Insurance.
Existing law provides certain standards that govern health care
service plan contracts covering dental services, health insurance
policies covering dental services, specialized health care service
plan contracts covering dental services, and specialized health
insurance policies covering dental services.
This bill would require health care service plan contracts
covering dental services, health insurance policies covering dental
services, specialized health care service plan contracts covering
dental services, and specialized health insurance policies covering
dental services issued, amended, or renewed on or after January 1,
2016, to reimburse registered dental hygienists in alternative
practice for performing dental hygiene services that may lawfully be
performed by registered dental hygienists and that are reimbursable
under the contracts or policies. The bill would also require the plan
or insurer to use the same fee schedule for reimbursing both
registered dental hygienists and registered dental hygienists in
alternative practice. Because a willful violation of the bill's
provisions by a health care service plan covering dental services or
a specialized health care service plan covering dental services would
be a crime, it would impose a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1924 of the Business and
Professions Code is amended to read:
1924. A person licensed as a registered dental hygienist who has
completed the prescribed classes through the Health Manpower Pilot
Project (HMPP) and who has established an independent practice under
the HMPP by June 30, 1997, shall be deemed to have satisfied the
licensing requirements under Section 1922, and shall be authorized to
continue to operate the practice he or she presently operates, so
long as he or she follows the functions as specified in Sections
1922, 1925, 1926, 1927, 1928, and 1930, and subdivision (b) of
Section 1929, and as long as he or she continues to personally
practice and operate the practice or until he or she sells the
practice to a licensed dentist.
SEC. 2. SECTION 1. Section 1926 of
the Business and Professions Code is amended to read:
1926. A registered dental hygienist in alternative practice may
perform the duties authorized pursuant to subdivision (a) of Section
1907, subdivision (a) of Section 1908, and subdivisions (a) and (b)
of Section 1910 in the following settings:
(a) Residences of the homebound.
(b) Schools.
(c) Residential facilities and other institutions.
(d) Dental health professional shortage areas, as certified by the
Office of Statewide Health Planning and Development in accordance
with existing office guidelines. An alternative dental hygiene
practice established within a certified shortage area shall continue
regardless of certification.
SEC. 3. Section 1931 of the Business and
Professions Code is amended to read:
1931. A registered dental hygienist in alternative practice may
provide services to a patient without obtaining written verification
that the patient has been examined by a dentist or physician and
surgeon licensed to practice in this state.
SEC. 4. SEC. 2. Section 13401 of the
Corporations Code is amended to read:
13401. As used in this part:
(a) "Professional services" means any type of professional
services that may be lawfully rendered only pursuant to a license,
certification, or registration authorized by the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act.
(b) "Professional corporation" means a corporation organized under
the General Corporation Law or pursuant to subdivision (b) of
Section 13406 that is engaged in rendering professional services in a
single profession, except as otherwise authorized in Section
13401.5, pursuant to a certificate of registration issued by the
governmental agency regulating the profession as herein provided and
that in its practice or business designates itself as a professional
or other corporation as may be required by statute. However, any
professional corporation or foreign professional corporation
rendering professional services by persons duly licensed by the
Medical Board of California or any examining committee under the
jurisdiction of the board, the Osteopathic Medical Board of
California, the Dental Board of California, the Dental Hygiene
Committee of California, the California State Board of Pharmacy, the
Veterinary Medical Board, the California Architects Board, the Court
Reporters Board of California, the Board of Behavioral Sciences, the
Speech-Language Pathology and Audiology Board, the Board of
Registered Nursing, or the State Board of Optometry shall not be
required to obtain a certificate of registration in order to render
those professional services.
(c) "Foreign professional corporation" means a corporation
organized under the laws of a state of the United States other than
this state that is engaged in a profession of a type for which there
is authorization in the Business and Professions Code for the
performance of professional services by a foreign professional
corporation.
(d) "Licensed person" means any natural person who is duly
licensed under the provisions of the Business and Professions Code,
the Chiropractic Act, or the Osteopathic Act to render the same
professional services as are or will be rendered by the professional
corporation or foreign professional corporation of which he or she
is is, or intends to become, an
officer, director, shareholder, or employee.
(e) "Disqualified person" means a licensed person who for any
reason becomes legally disqualified (temporarily or permanently) to
render the professional services that the particular professional
corporation or foreign professional corporation of which he or she is
an officer, director, shareholder, or employee is or was rendering.
SEC. 5. SEC. 3. Section 13401.5 of
the Corporations Code is amended to read:
13401.5. Notwithstanding subdivision (d) of Section 13401 and any
other provision of law, the following licensed persons may be
shareholders, officers, directors, or professional employees of the
professional corporations designated in this section so long as the
sum of all shares owned by those licensed persons does not exceed 49
percent of the total number of shares of the professional corporation
so designated herein, and so long as the number of those licensed
persons owning shares in the professional corporation so designated
herein does not exceed the number of persons licensed by the
governmental agency regulating the designated professional
corporation. This section does not limit employment by a professional
corporation designated in this section to only those licensed
professionals listed under each subdivision. Any person duly licensed
under Division 2 (commencing with Section 500) of the Business and
Professions Code, the Chiropractic Act, or the Osteopathic Act may be
employed to render professional services by a professional
corporation designated in this section.
(a) Medical corporation.
(1) Licensed doctors of podiatric medicine.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(12) Licensed physical therapists.
(b) Podiatric medical corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed physical therapists.
(c) Psychological corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Registered nurses.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed chiropractors.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
(d) Speech-language pathology corporation.
(1) Licensed audiologists.
(e) Audiology corporation.
(1) Licensed speech-language pathologists.
(f) Nursing corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Licensed optometrists.
(5) Licensed marriage and family therapists.
(6) Licensed clinical social workers.
(7) Licensed physician assistants.
(8) Licensed chiropractors.
(9) Licensed acupuncturists.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(g) Marriage and family therapist corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(h) Licensed clinical social worker corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed marriage and family therapists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(8) Licensed professional clinical counselors.
(i) Physician assistants corporation.
(1) Licensed physicians and surgeons.
(2) Registered nurses.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(j) Optometric corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Naturopathic doctors.
(k) Chiropractic corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed acupuncturists.
(9) Naturopathic doctors.
(10) Licensed professional clinical counselors.
( l ) Acupuncture corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed psychologists.
(4) Registered nurses.
(5) Licensed optometrists.
(6) Licensed marriage and family therapists.
(7) Licensed clinical social workers.
(8) Licensed physician assistants.
(9) Licensed chiropractors.
(10) Naturopathic doctors.
(11) Licensed professional clinical counselors.
(m) Naturopathic doctor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Registered nurses.
(4) Licensed physician assistants.
(5) Licensed chiropractors.
(6) Licensed acupuncturists.
(7) Licensed physical therapists.
(8) Licensed doctors of podiatric medicine.
(9) Licensed marriage and family therapists.
(10) Licensed clinical social workers.
(11) Licensed optometrists.
(12) Licensed professional clinical counselors.
(n) Dental corporation.
(1) Licensed physicians and surgeons.
(2) Dental assistants.
(3) Registered dental assistants.
(4) Registered dental assistants in extended functions.
(5) Registered dental hygienists.
(6) Registered dental hygienists in extended functions.
(7) Registered dental hygienists in alternative practice.
(o) Professional clinical counselor corporation.
(1) Licensed physicians and surgeons.
(2) Licensed psychologists.
(3) Licensed clinical social workers.
(4) Licensed marriage and family therapists.
(5) Registered nurses.
(6) Licensed chiropractors.
(7) Licensed acupuncturists.
(8) Naturopathic doctors.
(p) Physical therapy corporation.
(1) Licensed physicians and surgeons.
(2) Licensed doctors of podiatric medicine.
(3) Licensed acupuncturists.
(4) Naturopathic doctors.
(5) Licensed occupational therapists.
(6) Licensed speech-language therapists.
(7) Licensed audiologists.
(8) Registered nurses.
(9) Licensed psychologists.
(10) Licensed physician assistants.
(q) Registered dental hygienist in alternative practice
corporation.
(1) Dental assistants.
(2) Licensed dentists.
SEC. 6. SEC. 4. Section 1374.196 is
added to the Health and Safety Code, to read:
1374.196. (a) This section shall only apply to a health care
service plan contract covering dental services or a specialized
health care service plan contract covering dental services issued,
amended, or renewed on or after January 1, 2016.
(b) A registered dental hygienist in alternative practice,
licensed pursuant to Section 1922 of the Business and Professions
Code, may submit or allow to be submitted on his or her behalf any
claim for dental hygiene services performed as authorized pursuant to
Article 9 (commencing with Section 1900) of Chapter 4 of Division 2
of the Business and Professions Code to a health care service plan
covering dental services or a specialized health care service plan
covering dental services.
(c) If a health care service plan contract covering dental
services or a specialized health care service plan contract covering
dental services provides reimbursement for dental hygiene services
that may lawfully be performed by a registered dental hygienist,
licensed pursuant to Section 1917 of the Business and Professions
Code, reimbursement under that plan contract shall not be denied when
the service is performed by a registered dental hygienist in
alternative practice.
(d) (1) Nothing in this section shall preclude a health care
service plan contract covering dental services or a specialized
health care service plan contract covering dental services from
setting different fee schedules for different services provided by
different providers.
(2) A health care service plan contract covering dental services
or a specialized health care service plan contract covering dental
services shall use the same fee schedule for dental hygiene services
whether the services are performed by a registered dental hygienist
or a registered dental hygienist in alternative practice.
SEC. 7. SEC. 5. Section 10120.4 is
added to the Insurance Code, to read:
10120.4. (a) This section shall only apply to a health insurance
policy covering dental services or a specialized health insurance
policy covering dental services issued, amended, or renewed on or
after January 1, 2016.
(b) A registered dental hygienist in alternative practice,
licensed pursuant to Section 1922 of the Business and Professions
Code, may submit or allow to be submitted on his or her behalf any
claim for dental hygiene services performed as authorized pursuant to
Article 9 (commencing with Section 1900) of Chapter 4 of Division 2
of the Business and Professions Code to a health insurer covering
dental services or a specialized health insurer covering dental
services.
(c) If a health insurance policy covering dental services or a
specialized health insurance policy covering dental services provides
for reimbursement for dental hygiene services that may lawfully be
performed by a registered dental hygienist, licensed pursuant to
Section 1917 of the Business and Professions Code, reimbursement
under that policy shall not be denied when the service is performed
by a registered dental hygienist in alternative practice.
(d) (1) Nothing in this section shall preclude a health insurance
policy covering dental services or a specialized health insurance
policy covering dental services from setting different fee schedules
for different services provided by different providers.
(2) A health insurance policy covering dental services or a
specialized health insurance policy covering dental services shall
use the same fee schedule for dental hygiene services whether the
services are performed by a registered dental hygienist or a
registered dental hygienist in alternative practice.
SEC. 8. SEC. 6. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.
