BILL NUMBER: AB 2699	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 19, 2010

   An act to amend Section 900 of, and to add Section 901 to, the
Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2699, as amended, Bass. Healing arts: licensure 
exemption: immunity from liability.   exemption. 
   Existing law provides for the licensure and regulation of various
healing arts practitioners by boards within the Department of
Consumer Affairs. Existing law provides an exemption from these
requirements for a  healing arts   health care
 practitioner licensed in another state who offers or provides
health care for which he or she is licensed during a state of
emergency, as defined, and upon request of the Director of the
Emergency Medical Services Authority, as specified.
   This bill would also provide an exemption from the licensure and
regulation requirements for a  healing arts  
health care  practitioner, as defined, licensed in another state
who offers or provides health care  services  for which he
or she is licensed (1)  to uninsured or underinsured persons,
(2)  on a short-term voluntary basis  (3) 
 , (2)  in association with a sponsoring entity that
registers with  the Medical Board of California 
 , and provides specified information to, the designated local
agency, as defined, selected by a local   government entity,
as   defined   and provides certain
information to the county health department of the county in which
the care will be provided  , and  (4)  
(3)  without charge to the recipient or a 3rd party on behalf
of the recipient, as specified.  The bill would grant that
practitioner and the sponsoring entity immunity from liability for
any injury sustained by a person by reason of the services provided
under this provision, except as specified. This   The
 bill would also prohibit a contract of  professional 
liability insurance issued, amended, or renewed on or after January
1, 2011, from excluding coverage of these practitioners or a
sponsoring entity for providing care under these provisions.  The
bill would also state the intent of the Legislature that these
health care services be provided primarily to uninsured and
underinsured persons, as specified. 
   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 900 of the Business and Professions Code is
amended to read:
   900.  (a) Nothing in this division applies to a health care
practitioner licensed in another state or territory of the United
States who offers or provides health care for which he or she is
licensed, if the health care is provided only during a state of
emergency as defined in subdivision (b) of Section 8558 of the
Government Code, which emergency overwhelms the response capabilities
of California health care practitioners and only upon the request of
the Director of the Emergency Medical Services Authority.
   (b) The director shall be the medical control and shall designate
the licensure and specialty health care practitioners required for
the specific emergency and shall designate the areas to which they
may be deployed.
   (c) Health care practitioners shall provide, upon request, a valid
copy of a professional license and a photograph identification
issued by the state in which the practitioner holds licensure before
being deployed by the director.
   (d) Health care practitioners deployed pursuant to this chapter
shall provide the appropriate California licensing authority with
verification of licensure upon request.
   (e) Health care practitioners providing health care pursuant to
this chapter shall have immunity from liability for services rendered
as specified in Section 8659 of the Government Code.
   (f) For the purposes of this section, "health care practitioner"
means any person who engages in acts which are the subject of
licensure or regulation under this division or under any initiative
act referred to in this division.
   (g) For purposes of this section, "director" means the Director of
the Emergency Medical Services Authority who shall have the powers
specified in Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
  SEC. 2.  Section 901 is added to the Business and Professions Code,
to read:
   901.  (a) For purposes of this section, the following provisions
apply: 
   (1) "Board" means the Medical Board of California.  
   (1) "Designated local agency" means an office, department, agency,
or other entity of a local government entity designated to act on
behalf of a local government entity in accordance with this section.

   (2) "Health care practitioner" means a physician and surgeon,
osteopathic physician and surgeon, chiropractor, dentist, dental
hygienist, nurse, vocational nurse, optometrist, or physician
assistant. 
   (3) "Local government entity" means a city, county, or city and
county having a public health officer.  
   (3) 
    (4)  "Sponsoring entity" may include, but is not limited
to, a nonprofit organization or a community-based organization.

   (4) "Uninsured or underinsured person" means a person who does not
have health care coverage, including private coverage or coverage
through a program funded in whole or in part by a governmental
entity, or a person who has health care coverage, but the coverage
does not extend to the health care services offered by the health
care practitioner under this section.  
   (b) A local governmental entity may, at its discretion, elect to
allow for the provision of health care services within its
jurisdiction by a designated local agency in accordance with this
section.  
   (b) 
    (c)  Nothing in this division applies to a health care
practitioner licensed in good standing in another state, district, or
territory of the United States who offers or provides health care
for which he or she is licensed if both of the following requirements
are met:
   (1) Prior to providing that care, he or she submits to the
 board   designated local agency  a valid
copy of his or her  license   professional
license or certificate  and a photographic identification issued
by the state in which he or she holds licensure  or
certification. A sponsoring entity may submit copies of those
documents to the designated local agency on behalf of a health care
practitioner  .
   (2) The care is provided under all of the following circumstances:

   (A) To uninsured or underinsured persons.  
   (B) 
    (A)  On a short-term voluntarily basis, not to exceed a
90-day period. 
   (C) 
    (B)  In association with a sponsoring entity that
complies with subdivision  (c)   (d)  .

   (D) 
    (C)  Without charge to the recipient or to a third party
on behalf of the recipient. 
   (c) 
    (d)  A sponsoring entity seeking to provide, or arrange
for the provision of, health care under this section shall do both of
the following:
   (1) Register with the  board   applicable
designated local agency  by completing a registration form that
shall include all of the following elements:
   (A) The name of the  sponsoring  entity.
   (B) The name of the principal individual or individuals who are
the officers or organizational officials responsible for the
operation of the  sponsoring  entity.
   (C) The address, including street, city, Zip Code, and county, of
the  sponsoring  entity's principal office and each
individual listed pursuant to subparagraph (B).
   (D) The telephone number for the principal office of the 
sponsoring  entity and each individual listed pursuant to
subparagraph (B).
   (E) Any additional information required by the  board
  designated local agency  . 
   (2) Provide the information listed in paragraph (1) to the county
health department of the county in which the care will be provided,
along with any additional information that may be required by that
department.  
   (2) Obtain authorization from the designated local agency to
provide health care services.  
   (d) 
    (e)  The sponsoring entity shall notify the 
board and the county health department identified in subdivision (c)
in writing of any   designated local agency in writing
of any  change to the information required under subdivision
 (c)   (d)  within 30 days of the change.

   (e) 
    (f)     (1)  Within 15 days of the
provision of health care  services  pursuant to this
section, the sponsoring entity shall file a report with the 
board and the county health department of the county in which the
care was provided   designated local agency  . This
report shall contain the date, place, type, and general description
of the care provided, along with a listing of the health care
practitioners who participated in providing that care. 
   (f) 
    (2)  The sponsoring entity shall maintain a list of
health care practitioners associated with the provision of health
care  services  under this section. The  sponsoring
 entity shall maintain a copy of each health care practitioner's
current license  or certificate  and shall require each
health care practitioner to attest in writing that his or her license
 or certificate  is not suspended or revoked pursuant to
disciplinary proceedings in any jurisdiction. The  sponsoring
 entity shall maintain these records for a period of at least
five years following the provision of health care  services 
under this section and shall, upon request, furnish those records to
the  board, any healing arts board under this division or an
initiative act referred to in this division, or any county health
department.   designated local agency. 
   (g) The  board   designated local agency
 may revoke the registration of a sponsoring entity that fails
to comply with subdivision  (d),  (e) or (f).
   (h) A contract of  professional  liability insurance
issued, amended, or renewed in this state on or after January 1,
2011, shall not exclude coverage of a health care practitioner or a
sponsoring entity that provides, or arranges for the provision of,
health care under this section, provided that the practitioner or
entity complies with this section. 
   (i) Health care practitioners and sponsoring entities providing,
or arranging to provide, health care pursuant to this section shall
have no liability for any injury sustained by any person by reason of
that care, regardless of how or under what circumstances or by what
cause those injuries are sustained, except in the case of a willful
act or omission.  
   (j) Subdivisions (b) and (i) shall not apply to a health care
practitioner who renders care outside the scope of practice
authorized by his or her license.  
   (i) The designated local agency shall verify the current state
licensure or certification of each health care practitioner and shall
notify the sponsoring entity if the current licensure or
certification of a health care practitioner cannot be verified. 

   (j) It is the intent of the Legislature that health care services
provided pursuant to this section be provided primarily to uninsured
or underinsured persons. "Uninsured or underinsured person" means a
person who does not have health care coverage, including private
coverage or coverage through a program funded in whole or in part by
a governmental entity, or a person who has health care coverage, but
the coverage does not extend to the health care services offered by
the health care practitioner under this section.