Bill Text: CA SB562 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Dentists: mobile or portable dental units.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-10-07 - Chaptered by Secretary of State. Chapter 624, Statutes of 2013. [SB562 Detail]

Download: California-2013-SB562-Chaptered.html

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BILL NUMBER: SB 562	CHAPTERED
	BILL TEXT

	CHAPTER  624
	FILED WITH SECRETARY OF STATE  OCTOBER 7, 2013
	APPROVED BY GOVERNOR  OCTOBER 7, 2013
	PASSED THE SENATE  SEPTEMBER 11, 2013
	PASSED THE ASSEMBLY  SEPTEMBER 10, 2013
	AMENDED IN ASSEMBLY  SEPTEMBER 6, 2013
	AMENDED IN ASSEMBLY  JUNE 18, 2013
	AMENDED IN SENATE  APRIL 30, 2013

INTRODUCED BY   Senator Galgiani

                        FEBRUARY 22, 2013

   An act to amend Section 1657 of the Business and Professions Code,
relating to dentists.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 562, Galgiani. Dentists: mobile or portable dental units.
   Existing law, the Dental Practice Act, provides for the licensure
and regulation by the Dental Board of California of those engaged in
the practice of dentistry. Existing law provides that a person
practices dentistry if the person, among other things, manages or
conducts as manager, proprietor, conductor, lessor, or otherwise, in
any place where dental operations are performed. Existing law
authorizes a dentist to operate one mobile dental clinic or unit that
is registered and operated in accordance with regulations adopted by
the board. Existing law exempts specified mobile units from those
requirements. Other provisions of existing law, the Mobile Health
Care Services Act, require, subject to specified exemptions,
licensure by the State Department of Health Care Services to operate
a mobile service unit.
   This bill would eliminate the one mobile dental clinic or unit
limit and would require a mobile dental unit or a dental practice
that routinely uses portable dental units, as defined, to be
registered and operated in accordance with the regulations of the
board. The bill would require any regulations adopted by the board
pertaining to these matters to require the registrant to identify a
licensed dentist responsible for the mobile dental unit or portable
practice, and to include requirements for availability of followup
and emergency care, maintenance and availability of provider and
patient records, and treatment information to be provided to patients
and other appropriate parties.


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

  SECTION 1.  Section 1657 of the Business and Professions Code is
amended to read:
   1657.  (a) For the purposes of this section, the following
definitions shall apply:
   (1) "Mobile dental unit" means a self-contained facility, which
may include a trailer or van, in which dentistry is practiced that
may be moved, towed, or transported from one location to another.
   (2) "Portable dental unit" means a self-contained unit housing
equipment used for providing dental treatment that is transported to,
and used on a temporary basis at, nondental office locations.
   (b) A mobile dental unit, or a dental practice that routinely uses
portable dental units to provide treatment in nondental office
locations, shall be registered and operated in accordance with
regulations established by the board. These regulations shall not be
designed to prevent or lessen competition in service areas. The
regulations shall require the registrant to identify a licensed
dentist responsible for the mobile dental unit or portable practice,
and shall include, but shall not be limited to, requirements for
availability of followup and emergency care, maintenance and
availability of provider and patient records, and treatment
information to be provided to patients and other appropriate parties.
A mobile dental unit, or a dental practice using portable dental
units, registered and operated in accordance with the board's
regulations and that has paid the fees established by the board,
including a mobile dental unit registered for the purpose specified
in subdivision (e), shall otherwise be exempt from this article and
Article 3.5 (commencing with Section 1658).
   (c) A mobile service unit, as defined in subdivision (b) of
Section 1765.105 of the Health and Safety Code, and a mobile dental
unit or portable dental unit operated by an entity that is exempt
from licensure pursuant to subdivision (b), (c), or (h) of Section
1206 of the Health and Safety Code, are exempt from this article and
Article 3.5 (commencing with Section 1658). Notwithstanding this
exemption, the owner or operator of the mobile unit shall notify the
board within 60 days of the date on which dental services are first
delivered in the mobile unit, or the date on which the mobile unit's
application pursuant to Section 1765.130 of the Health and Safety
Code is approved, whichever is earlier.
   (d) A licensee practicing in a mobile unit described in
subdivision (c) is not subject to subdivision (b) as to that mobile
unit.
   (e) Notwithstanding Section 1625, a licensed dentist shall be
permitted to operate a mobile dental unit provided by his or her
property and casualty insurer as a temporary substitute site for the
practice registered by him or her pursuant to Section 1650 as long as
both of the following apply:
   (1) The licensed dentist's registered place of practice has been
rendered and remains unusable due to loss or calamity.
   (2) The licensee's insurer registers the mobile dental unit with
the board in compliance with subdivision (b).