BILL NUMBER: AB 2210	CHAPTERED  09/27/08

	CHAPTER  449
	FILED WITH SECRETARY OF STATE  SEPTEMBER 27, 2008
	APPROVED BY GOVERNOR  SEPTEMBER 27, 2008
	PASSED THE SENATE  AUGUST 14, 2008
	PASSED THE ASSEMBLY  AUGUST 19, 2008
	AMENDED IN SENATE  JULY 2, 2008
	AMENDED IN ASSEMBLY  MARCH 25, 2008

INTRODUCED BY   Assembly Member Price

                        FEBRUARY 20, 2008

   An act to amend Section 1627.5 of the Business and Professions
Code, relating to dentistry.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2210, Price. Dentistry: emergency services.
   Existing law, the Dental Practice Act, provides for the licensure
and regulation of dentists and dental auxiliaries by the Dental Board
of California in the Department of Consumer Affairs. The act
provides that a licensee who either in good faith renders emergency
care at the scene of an emergency or, upon request of another
licensee, renders emergency care for a complication arising from
prior dental care, as specified, is exempt from liability for civil
damages as a result of any acts or omissions in rendering the
emergency care.
   This bill would also provide specified immunity to a licensee who
voluntarily and without compensation or expectation of compensation
provides emergency medical care consistent with his or her dental
education and emergency training during a declared state of
emergency, as specified, for any personal injury, wrongful death, or
property damage caused by the licensee's good faith but negligent act
or omission. The bill would also authorize the board, for the
duration of a declared state of emergency, as specified, to suspend
compliance with any provision of the Dental Practice Act or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.


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

  SECTION 1.  Section 1627.5 of the Business and Professions Code is
amended to read:
   1627.5.  (a) No person licensed under this chapter, who in good
faith renders emergency care at the scene of an emergency occurring
outside the place of that person's practice, or who, upon the request
of another person so licensed, renders emergency care to a person
for a complication arising from prior care of another person so
licensed, shall be liable for any civil damages as a result of any
acts or omissions by that person in rendering the emergency care.
   (b) A person licensed under this chapter who voluntarily and
without compensation or expectation of compensation, and consistent
with the dental education and emergency training that he or she
receives, provides emergency medical care to a person during a state
of emergency declared pursuant to a proclamation issued pursuant to
Section 8588, 8625, or 8630 of the Government Code or a declaration
of health emergency issued pursuant to Section 101080 of the Health
and Safety Code shall not be liable in negligence for any personal
injury, wrongful death, or property damage caused by the licensee's
good faith but negligent act or omission. This subdivision shall not
provide immunity for acts or omissions of gross negligence or willful
misconduct. This subdivision shall not limit any immunity provided
under subdivision (a).
   (c) Notwithstanding any other provision of law, for the duration
of a declared state of emergency, pursuant to a proclamation of
emergency issued pursuant to Section 8625 of the Government Code, the
board may suspend compliance with any provision of this chapter or
regulation adopted thereunder that would adversely affect a licensee'
s ability to provide emergency services.