Bill Text: CA SB694 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dental care.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed - Dead) 2012-08-16 - Set, second hearing. Held in committee and under submission. [SB694 Detail]

Download: California-2011-SB694-Amended.html

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BILL NUMBER: SB 694	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 25, 2012
	AMENDED IN SENATE  JANUARY 12, 2012
	AMENDED IN SENATE  JANUARY 4, 2012
	AMENDED IN SENATE  MARCH 29, 2011

INTRODUCED BY   Senator Padilla
    (   Coauthors:   Senators  
Emmerson   and Price   ) 

                        FEBRUARY 18, 2011

   An act to  repeal, add, and repeal Article 2 (commencing
with Section 104750) of   add Section 10476   6
  to, to add Article 2.5 (commencing with Section 104767)
to  Chapter 3 of Part 3 of Division 103 of  , and to repeal
Section 104767.1 of,  the Health and Safety Code, relating to
dental care.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 694, as amended, Padilla. Dental care.
   Existing law requires the State Department of Public Health to
maintain a dental program that includes, but is not limited to,
development of comprehensive dental health plans within the framework
of a specified state plan.
   This bill would  repeal   make  these
provisions  and would provide for   inoperative
for a specified period of time upon  the creation of a Statewide
Office of Oral Health within the State Department of Public Health
with a licensed dentist who serves as the dental director. This bill
would provide that no General Fund moneys shall be used to implement
 these   the  provisions  creating the
office  , but would authorize the state to accept other public
and private funds for the purpose of implementing these provisions
 ,  and would provide that these provisions become
inoperative, as specified, if  federal   other
public  or private funds are not deposited with the state in an
amount sufficient to fully support the activities of the office. 
This bill would authorize the office to conduct a specified study
under described circumstances. 
   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.  The Legislature finds and declares all of the
following:
   (a) Nationally and statewide, tooth decay ranks as the most common
chronic disease and unmet health care need of children.
   (b) Poor dental health can disrupt normal childhood development,
seriously damage overall health, and impair a child's ability to
learn, concentrate, and perform well in school. In rare cases,
untreated tooth decay can lead to death.
   (c) Unmet dental needs have significant human and financial costs.
In 2007, it was estimated that California schools lost nearly thirty
million dollars ($30,000,000) in attendance-based school district
funding due to 874,000 missed school days related to dental problems;
and California's hospitals experienced over 83,000 emergency room
visits for preventable dental problems at a cost of fifty-five
million dollars ($55,000,000).
   (d) With full implementation of the federal Patient Protection and
Affordable Care Act (Public Law 111-148), approximately 1.2 million
additional children in California are expected to gain dental
coverage.
   (e) The burden of oral disease can be markedly decreased through
early intervention, including education, prevention, and treatment.
Effective prevention reduces the need for costly treatment of
advanced dental disease.
   (f) To address this unmet need, a comprehensive coordinated
strategy is necessary, at the foundation of which is a strong state
oral health infrastructure to coordinate essential public dental
health functions, including assessing need and capacity to address
that need. 
  SEC. 2.    Article 2 (commencing with Section
104750) of Chapter 3 of Part 3 of Division 103 of the Health and
Safety Code is repealed. 
   SEC. 2.    Section 104766 is added to the  
Health and Safety Code   , to read:  
   104766.  This article shall become inoperative on the date the
Department of Finance memorializes in writing, pursuant to paragraph
(2) of subdivision (e) of Section 104767, that sufficient funds have
been deposited with the state to establish the Statewide Office of
Oral Health, and shall become operative again on the date the
Department of Finance memorializes in writing, pursuant to paragraph
(2) of subdivision (f) of Section 104767, that the office has not
secured sustainable funding sources to maintain the activities of the
office, or on January 1, 2016, whichever occurs first. 
  SEC. 3.  Article  2   2.5  (commencing
with Section  104750)   104767)  is added
to Chapter 3 of Part 3 of Division 103 of the Health and Safety Code,
to read:

      Article  2.   2.5.  Statewide Office
of Oral Health


    104750.   104767.   (a) There shall be
a Statewide Office of Oral Health within the State Department of
Public Health.
   (b) Within the office there shall be a licensed dentist who serves
as the dental director.
   (c) The dental director and his or her staff shall have all of,
but not be limited to, the following responsibilities:
   (1) Advancing and protecting the oral health of all Californians.
   (2) Developing a comprehensive and sustainable state oral health
action plan to address the state's unmet oral health needs.
   (3) Encouraging private and public collaboration to meet the oral
health needs of Californians.
   (4) Securing funds to support infrastructure and statewide and
local programs.
   (5) Promoting evidence-based approaches to increase oral health
literacy.
   (6) Establishing a system for surveillance and oral health
reporting.
   (d) The state may accept public funds and private funds for the
purpose of implementing this article. 
   (e) (1) No General Fund moneys shall be used for purposes of this
section. Moneys to fund the office shall be secured from other public
or private sources. The Department of Finance shall, on January 1,
2014, and annually thereafter, make a determination regarding the
funding status of the office. Moneys needed to sufficiently fund and
commence the study pursuant to Section 104767.1 shall not be
considered for purposes of determining the funding status of the
office pursuant to this paragraph.  
   (e) (1) 
    (2)  The office shall be established pursuant to this
section only after a determination has been made by the Department of
Finance that  federal   public  or private
funds in an amount sufficient to fully support the activities of the
office, including staffing the office, have been deposited with the
state.  If the Department of Finance makes a determination
 that sufficient funding has been secured to establish the
office, the Department of Finance shall file a written statement with
the Secretary of the Senate, the Chief Clerk of the Assembly, and
the Legislative Counsel memorializing that   this
determination has been made.  
   (2) No General Fund moneys shall be used to fund this section.
Moneys to fund the office shall be secured from other public or
private sources. If the Department of Finance makes a determination
that the amount of federal or private funds deposited with the state
is not sufficient to support the activities of the office, it is the
intent of the Legislature that this section become inoperative.

   (f) (1) If the office is established pursuant to this section, the
office shall assume responsibility for identifying and securing
funding sources in order to maintain the functions of the office.
   (2) If  the Department of Finance makes a determination that
 the office  does not secure   has not
secured  sustainable funding sources to maintain the activities
of the office pursuant to paragraph (1),  this section shall
become inoperative on January 1, 2016   the Department
of Finance shall   file a   written statement with
the Secretary of the Senate, the Chief Clerk of the Assembly, and the
Legislative Counsel memorializing that this determ  
ination has been made  . 
   (g) This section shall become inoperative on January 1, 2016.

    104751.   104767.1.   (a) The
Legislature finds and declares that, as part of a comprehensive
integrated system of dental care, with the dentist as the head of
that system, additional dental providers who provide basic preventive
and restorative oral health care to underserved children, located at
or near where children live or go to school, may have the potential
to reduce the oral health disease burden in the population most in
need.
   (b) The office may design and implement a scientifically rigorous
study to assess the safety, quality, cost-effectiveness, and patient
satisfaction of  irreversible   expanded 
dental procedures  performed by traditional and
nontraditional providers  for the purpose of informing
future decisions about  scope of practice changes in the
dental workforce that include irreversible or surgical procedures
  how to   meet the state's unmet oral health
need for the state's children  . The research parameters of the
study shall include public health settings, multiple models of
dentist supervision, multiple pathways of education and training, and
multiple dental providers  , including dentists and
nondentists  . Procedures performed during the study
shall be performed only by providers within the confines of a
university-based study  .
   (c) The dental director shall convene an advisory group on study
design and implementation.  The advisory group shall be comprised
of representatives of all   dental practices, including
traditional and nontraditional, as well as nondentists. 
   (d) The dental director shall provide input regarding study design
and implementation, receive all study data and reports, and develop
a report and recommendations to be submitted to the Legislature based
on the study findings.  The dental director shall also consult
with the Legislative Analyst's Office in designing the study and
selecting any contractors. 
   (e)  (1)    There shall be no
General Fund moneys used to implement this section. Moneys to fund
the study, including analysis and findings,  and all procedures
administered by providers during the study,  shall be secured
from other public or private sources.  No one provider group or
interest group may provide more than half the private funding for the
study.  
   (2) All procedures administered by providers during the study
shall be paid for by private or federal funds. No General Fund moneys
shall be used to fund procedures performed as part of the study.

   (f)  In the event that   Notwithstanding
subdivision (g), if  the study described in this section is not
sufficiently funded and commenced by January 1, 2014, this section
shall become inoperative on January 1, 2014. 
   (g) This section shall remain in effect only until January 1,
2016, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2016, deletes or extends
that date.  
   104752.  This article shall become inoperative on January 1, 2016,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2016, deletes or extends that date.