BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  January 14, 2014

                            ASSEMBLY COMMITTEE ON HEALTH
                                 Richard Pan, Chair
             AB 1174 (Bocanegra and Logue) - As Amended:  January 6, 2014
           
          SUBJECT  :  Dental professionals: teledentistry under Medi-Cal.

           SUMMARY  :  Authorizes Medi-Cal payments for teledentistry  
          services provided to individuals participating in the Medi-Cal  
          program.  Expands duties of registered dental assistants (RDAs),  
          RDAs in extended functions (RDAEF), registered dental hygienists  
          (RDH), and registered dental hygienists in alternative practice  
          (RDHAP).  Specifically,  this bill  :  
               
          1)Applies existing law provisions applicable to  
            teleophthalmology and teledermatology to teledentistry, as  
            follows:

             a)   Provides, to the extent federal financial participation  
               (FFP) is available, that face-to-face contact between a  
               health care provider and a patient is not required under  
               the Medi-Cal program for teledentistry by store and  
               forward.  Subjects services appropriately provided through  
               the store and forward process to billing and reimbursement  
               policies developed by the Department of Health Care  
               Services (DHCS);

             b)   Requires a patient receiving teledentistry by store and  
               forward to be notified of their right to receive  
               interactive communication with the distant dentist and to  
               receive interactive communication with the distant dentist,  
               upon request, which may occur either at the time of the  
               consultation or within 30 days of the patient's  
               notification of the results of the consultation; and,

             c)   Permits DHCS to implement, interpret, and make specific  
               the provisions of this bill by means of all-county letters,  
               provider bulletins, and similar instructions; On or before  
               January 1, 2008, DHCS to report to the Legislature the  
               number and type of services provided and the payments made  
               related to the application of store and forward  
               teledentistry provided as a Medi-Cal benefit. 

          2)Authorizes an RDA to determine which radiographs to perform if  








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            the RDA has completed an educational program in those duties  
            approved by the Dental Board of California (Board), or if he  
            or she has provided evidence satisfactory to the Board of  
            having completed a Board-approved course in those duties.  

          3)Defines the following terms:

             a)   Clinical instruction means instruction in which students  
               receive supervised experience in performing procedures in a  
               clinical setting on patients.  Requires clinical  
               instruction to be performed only upon successful  
               demonstration and evaluation of preclinical skills.   
               Requires at least one instructor for every six students who  
               are simultaneously engaged in clinical instruction;

             b)   Course means a Board-approved course preparing an RDAEF  
               to perform the duties specified in 4) below;
             c)   Didactic instruction means lectures, demonstrations, and  
               other instruction without active participation by students.  
                Authorizes an approved provider or its designee to provide  
               didactic instruction through electronic media, home study  
               materials, or live lecture methodology if the provider has  
               submitted that content to the Board for approval;

             d)   Interim therapeutic restoration (ITR) means a direct  
               provisional restoration placed to stabilize the tooth until  
               a licensed dentist diagnoses the need for further  
               definitive treatment; 

             e)   Laboratory instruction means instruction in which  
               students receive supervised experience performing  
               procedures using study models, mannequins, or other  
               simulation methods; and,

             f)   Preclinical instruction means instruction in which  
               students receive supervised experience performing  
               procedures on students, faculty, or staff members.   
               Requires at least one instruction for every six students  
               who are simultaneously engaged in preclinical instruction.

          4)Authorizes a RDAEF licensed on or after January 1, 2010, and  
            pursuant to the order, control and full professional  
            responsibility of a supervising dentist, a RDH, or a RDHAP to  
            perform both of the following additional duties:









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             a)   Choose radiographs without the supervising dentist  
               having first examined the patient, following protocols  
               established by the supervising dentist and, consistent with  
               the use of as low as reasonably necessary radiation for the  
               purpose of diagnosis and treatment planning by the dentist.  
                Requires the radiographs to be taken only in either of the  
               following settings:

               i)     In a dental office setting, under the direct or  
                 general supervision of a dentist as determined by the  
                 dentist; and for RDH and RDHAP, under the general  
                 supervision of a dentist; or,

               ii)    In public health settings, including but not limited  
                 to, schools, head start and preschool programs, and  
                 residential facilities and institutions, under the  
                 general supervision of a dentist.

             b)   Place protective restorations, which for this purpose  
               are identified as ITRs, as defined, that compromise the  
               removal of soft material from the tooth using only hand  
               instrumentation, without the use of rotary instrumentation,  
               and subsequent placement of an adhesive restorative  
               material, and only when local anesthesia is not necessary.   
               The protective restorations are to be placed only in  
               accordance with both of the following:

               i)     In either of the settings specified in 4) a) i) and  
                 ii) above; and, 

               ii)    After a diagnosis and treatment plan by a dentist.

          5)Authorizes the functions specified in 4) above to be performed  
            by an RDAEF, RDH, and RDHAP only after completion of a program  
            that includes training in performing those functions, or after  
            providing evidence, satisfactory to the Board or Dental  
            Hygiene Committee (Committee), of having completed a Board- or  
            Committee-approved course in those functions.

          6)Deems RDAEF, RDH, or RDHAP who has completed the prescribed  
            training in the Health Workforce Pilot Project No. 172 (HWPP  
            No. 172) established by the Office of Statewide Health  
            Planning and Development (OSHPD), as specified, to have  
            satisfied the requirement for completion of a course of  
            instruction approved by the Board or Committee.








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          7)Requires, in addition to the instructional components  
            described in 8) and 9) below, a program to contain both of the  
            instructional components:

             a)   The course to be established at the postsecondary  
               educational level; and,

             b)   All faculty responsible for clinical evaluation shall  
               have completed a one-hour methodology course in clinical  
               evaluation or have a faculty appointment at an accredited  
               dental education program prior to conducting evaluations of  
               students.

          8)Requires a program or course to perform the duties specified  
            in 4) a) above (choose radiographs) to contain all of the  
            following additional instructional components:

             a)   The program must be of sufficient duration for the  
               student to develop minimum competency making decisions  
               about which radiographs to take to facilitate an evaluation  
               by a dentist, but in no event be less than six hours,  
               including at least two hours of didactic training, at least  
               two hours of guided laboratory simulation training, and at  
               least two hours of examination using simulated cases;

             b)   Didactic instruction must consist of instruction on both  
               the following topics:

               i)     Guidelines for radiographic decisionmaking prepared  
                 by the American Dental Association and other professional  
                 dental associations; and,

               ii)    Specific decisionmaking protocols that incorporate  
                 information about the patient's health and radiographic  
                 history, the time span since previous radiographs were  
                 taken, the availability of previous radiographs, the  
                 general condition of the mouth including the extent of  
                 dental restorations present, and visible signs of  
                 abnormalities, including broken teeth, dark areas, and  
                 holes in teeth.

             c)   Laboratory instruction must consist of simulated  
               decisionmaking using case studies containing the elements  
               specified in 8) b) above.  Requires at least one instructor  








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               for every 14 students who are simultaneously engaged in  
               laboratory instruction; and,

             d)   Examinations to consist of decisionmaking where students  
               make decisions and demonstrate competency to faculty on  
               case studies containing the elements described in b) above.

          9)Requires a program or course to perform the duties described  
            in 4) b) above (place protective restorations) to contain all  
            of the additional instructional components:

             a)   The program must be of sufficient duration for the  
               student to develop minimum competency in the application of  
               protective restorations, including ITRs, but in no event be  
               less than 16 clock hours, including at least four hours of  
               didactic training, at least four hours of laboratory  
               training, and at least eight hours of clinical training;

             b)   Didactic instruction to consist of instruction on  
               specified topics, including: i) pulpal anatomy; ii) theory  
               of adhesive restorative materials used in the placement of  
               adhesive protective restorations related to mechanisms of  
               bonding to tooth structure, handling characteristics of the  
               materials, preparation of the tooth prior to material  
               placement, and placement techniques; iii) criteria that  
               dentists use to make decisions about placement of adhesive  
               protective restorations, as specified, including patient  
               factors, as specified, and, tooth factors, as specified;  
               iv) criteria for evaluating successful completion of  
               adhesive protective restorations, as specified; v)  
               protocols for handling sensitivity, complications, or  
               unsuccessful completion of adhesive protective restorations  
               including situations requiring immediate referral to a  
               dentist; and vi) protocols for followup of adhesive  
               protective restorations, as specified;

             c)   Laboratory instruction must consist of placement of  
               adhesive protective restorations where students demonstrate  
               competency in this technique on typodont teeth; and,

             d)   Clinical instruction must consist of experiences where  
               students demonstrate placement of adhesive protective  
               restorations under direct supervision of faculty.

          10)Defines teledentistry consistent with existing law's  








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            definition of teleophthalmology and teledermatology.

          11)Makes other conforming changes.
           
           EXISTING LAW  :  

          1)Establishes the Medi-Cal program under which qualified  
            low-income persons receive health care benefits.

          2)Provides, to the extent FFP is available, face-to-face contact  
            between a health care provider and a patient is not required  
            under the Medi-Cal program for teleophthalmology and  
            teledermatology by store and forward.  Indicates that services  
            appropriately provided through the store and forward process  
            are subject to billing and reimbursement policies developed by  
            DHCS. 

          3)Defines, "teleophthalmology and teledermatology by store and  
            forward" as an asynchronous transmission of medical  
            information to be reviewed at a later time by a physician at a  
            distant site who is trained in ophthalmology or dermatology  
            or, for teleophthalmology, by a licensed optometrist where the  
            physician or optometrist at the distant site reviews the  
            medical information without the patient being present in real  
            time.  

          4)Prohibits in-person contact between a health care provider and  
            a patient from being required under the Medi-Cal program for  
            services appropriately provided through telehealth, subject to  
            reimbursement policies adopted by DHCS to compensate a  
            licensed health care provider who provides health care  
            services through telehealth that are otherwise reimbursed  
            pursuant to the Medi-Cal program. 

          5)Prohibits DHCS from requiring a health care provider to  
            document a barrier to an in-person visit for Medi-Cal coverage  
            of services provided via telehealth. 

          6)Prohibits DHCS, for the purposes of payment for covered  
            treatment or services provided through telehealth, from  
            limiting the type of setting where services are provided for  
            the patient or by the health care provider.

          7)Establishes the Dental Practice Act, administered by the  
            Board, to regulate the practice of dentistry.  Requires the  








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            Board to review and evaluate all applications for licensure in  
            all dental assisting categories.  Requires the Board at least  
            every seven years to review the allowable duties for dental  
            assistants, RDAs, and RDAEFs.  Establishes the Dental  
            Assisting Council of the Board to consider all matters  
            relating to dental assistants.

          8)Defines a dental assistant as someone who is without a license  
            and may perform basic supportive dental procedures.  Requires  
            the Board to license RDAs and RDAEFs upon completion of  
            specified education, work requirements, passage of a written  
            examination and a clinical or practical examination. 

          9)Establishes the Committee within the jurisdiction of the Board  
            to, among other functions, evaluate all RDH educational  
            programs, determine the appropriate type of licensure  
            examination, and deny, suspend, or revoke a license of a RDH.

          10)Defines direct supervision as supervision of dental  
            procedures based on instructions given by a licensed dentist  
            who must be physically present in the treatment facility  
            during the performance of these procedures.  Defines general  
            supervision as supervision of dental procedure based on  
            instructions given by a licensed dentist but not requiring the  
            physical presence of the supervising dentist during the  
            performance of those procedures. 

           FISCAL EFFECT  :  This bill has not yet been analyzed by a fiscal  
          committee.

           COMMENTS  :

           1)PURPOSE OF THIS BILL  .  The author believes existing law does  
            not allow Medi-Cal to pay for the use of teledentistry  
            services, especially store and forward dental care.  The  
            author is also concerned about the shortage of dental services  
            in rural areas.  The author cites a 2008 University of  
            California, Los Angeles study that found that California has  
            about 14% of the dentists in the nation (about 3.5 dentists  
            for every 5,000), slightly higher than the national average,  
            however, according to the author, California has 233 dental  
            shortage areas.  The author indicates that dentists cluster  
            around urban communities which leave many rural and urban  
            underserved communities without dentists.  The author says  
            Yuba County has less than one dentist for every 5,000 people,  








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            and counties such as Colusa, Imperial, Mariposa, Mono, and San  
            Benito have less than 1.5 dentists for every 5,000 people.   
            The author states that every dentist in these counties needs  
            to be utilized to the full extent of their ability.  According  
            to the author, the report found that California could soon be  
            facing a dentist shortage since there will soon be more  
            dentists retiring (19% have been licensed for 30+ years)  
            compared to coming into the system (15% have been licensed for  
            less than five years).

           2)BACKGROUND  .  

              a)   Virtual Dental Home  .  According to an article published  
               in July 2012 in the Journal of the California Dental  
               Association (CDA Journal), "The Virtual Dental Home:   
               Bringing Oral Health to Vulnerable and Underserved  
               Populations," the traditional office and clinic-based oral  
               health delivery system is failing to reach a large and  
               increasing segment of the population.  The CDA Journal  
               article says that in California, oral health disparities  
               are more severe than the national average, particularly  
               among low-income and disabled populations.  Just 25% of  
               Medi-Cal beneficiaries reported a dental visit in 2007 and  
               among pregnant women with Medi-Cal coverage only one in  
               seven received dental services.  Almost one-quarter of all  
               children in California have never seen a dentist and about  
               40% of California's black, Latino, and Asian preschoolers  
               and approximately 65% of elementary school children in  
               these groups need dental care.  In 2011, only 22% of the  
               total number of people eligible for Medi-Cal dental  
               services received any service, a decrease of 8% from 2009.   
               A decrease was expected for adults since most adult dental  
               benefits were eliminated in 2009, however there was also a  
               decrease for children.  In 2011, only 27% of eligible  
               children received any dental service compared to 34% in  
               2009.  In California, approximately 6.3 million children,  
               or two-thirds of all children in the state, suffer  
               needlessly from poor oral health by the time they reach the  
               third grade.  Approximately 7% of California children  
               missed school due to a dental problem in 2007, excluding  
               time for cleaning or routine check-up.  In 2007, there were  
               more than 83,000 visits to California hospital emergency  
               departments for preventable dental conditions.

              b)   Institute of Medicine (IOM) Report on Oral Health  








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               (2011  ).  In 2011 the IOM published a report titled,  
               "Improving Access to Oral Health Care for Vulnerable and  
               Underserved Populations."  Various factors create barriers,  
               preventing access to care for vulnerable and underserved  
               populations, such as children and Medicaid beneficiaries.   
               The Health Resources and Services Administration and the  
               California HealthCare Foundation (CHCF) asked the IOM and  
               the National Research Council to assess the current oral  
               health care system, to develop a vision for how to improve  
               oral health care for these populations, and to recommend  
               ways to achieve this vision.  According to the IOM report,  
               access to oral health care across the life cycle is  
               critical to overall health, and it will take flexibility  
               and ingenuity among multiple stakeholders-including  
               government leaders, oral health professionals, and  
               others-to make this access available.  The IOM report says  
               to improve provider participation in public programs,  
               states should increase Medicaid and Children's Health  
               Insurance Program reimbursement rates.  In addition, with  
               proper training, nondental health care professionals can  
               acquire the skills to perform oral disease screenings and  
               provide other preventive services.  The IOM report calls on  
               dental schools to expand opportunities for dental students  
               to care for patients with complex oral health care needs in  
               community-based settings in order to improve the students'  
               comfort levels in caring for vulnerable and underserved  
               populations.  Finally, according to the IOM report, states  
               should examine and amend state practice laws to allow  
               healthcare professionals to practice to their highest level  
               of competence.  The IOM's recommendations provide a roadmap  
               for the important and necessary next steps to improve  
               access to oral health care, reduce oral health disparities,  
               and improve the oral health of the nation's vulnerable and  
               underserved populations.

              c)   HWPP No. 172  .   The HWPP at OSHPD permits temporary  
               legal waivers of certain practice restrictions or  
               educational requirements to test expanded roles and  
               accelerated training programs for health care  
               professionals.  In December 2010, OSHPD approved HWPP No.  
               172 that allowed RDAs and RDHS to perform an expanded scope  
               of practice.  Specifically, the HWPP involved RDAs making  
               decisions on which radiographs to take, if any, to  
               facilitate an initial oral evaluation by a dentist.   
               Secondly, RDAs, RDHs, and RDHs in alternative practice will  








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               be permitted to place ITRs.  The long-term objective of the  
               project is to facilitate the development of new models of  
               care designed to improve the oral health status of  
               underserved populations.  The project has been extended  
               twice, with the second extension running from December 1,  
               2012 to December 1, 2013.  Funding for HWPP No. 172 comes  
               from various sources including CHCF, American Dental  
               Hygiene Association, American Dental Association, Paradise  
               Foundation, and Verizon Foundation.  Evaluation of the  
               project is also funded by CHCF.  

             HWPP No. 172 is a project at the University of Pacific,  
               School of Dentistry which creates a virtual dental home and  
               is testing a concept where patients interact with RDAs and  
               RDHs after a telehealth consultation with a collaborating  
               dentist who makes diagnostic and treatment decisions and  
               determines the best location for treatment, thus creating a  
                                                                             true community-based dental home.  There are nine sites  
               currently operating this model of care in California.   
               Preventive and early intervention care is being provided in  
               the community (two elementary schools in Sacramento and San  
               Diego counties, a consortium of Head Start centers in San  
               Francisco and San Diego, residential facilities associated  
               with three regional centers for persons with developmental  
               disabilities, four long-term care facilities, and one  
               community clinic).  Patients with advanced disease  
               requiring the service of a dentist are being referred to  
               dental offices and clinics.  

             A policy brief describing the model and the results of the  
               current project indicates that under HWPP No. 172, allied  
               dental personnel completed the following types of  
               procedures:  collect patient information (including medical  
               and dental history, consent forms, and caries risk  
               assessment); chart pre-existing conditions; take digital  
               radiographs; take digital intra and extra-oral photographs;  
               prophylaxis; fluoride varnish; sealants; ITRs; patient,  
               parent, and staff oral health education; nutritional  
               counseling; oral hygiene instructions; case management;  
               referrals; and, communication with collaborating dentists.   
               As of March 31, 2013, a total of 1,494 patients have been  
               seen: Head Start centers (797); elementary schools (212);  
               long-term care facilities (176); multifunction community  
               centers (197); and, regional centers (112).  The policy  
               brief also indicates that 110 ITRs were placed during the  








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               training phase of the program in addition to the 295 placed  
               in the utilization phase for a total of 405.  

              d)   ITR  .  According to the American Academy of Pediatric  
               Dentistry, an ITR may be used to restore and prevent  
               further decalcification and caries in young patients,  
               uncooperative patients, or patients with special health  
               care needs or when traditional cavity preparation and/or  
               placement of traditional dental restorations are not  
               feasible and need to be postponed.  Additionally, ITR may  
               be used for step-wise excavation in children with multiple  
               open carious lesions prior to definitive restoration of the  
               teeth.  The use of ITR has been shown to reduce the levels  
               of cariogenic oral bacteria (e.g., mutans streptococci,  
               lactobacilli) in the oral cavity.  The ITR procedure  
               involves removal of caries using hand or slow speed rotary  
               instruments with caution not to expose the pulp.  Leakage  
               of the restoration can be minimized with maximum caries  
               removal from the periphery of the lesion.  Following  
               preparation, the tooth is restored with an adhesive  
               restorative material such as self-setting or resin-modified  
               glass ionomer cement.  ITR has the greatest success when  
               applied to single surface or small two surface  
               restorations.  Inadequate cavity preparation with  
               subsequent lack of retention and insufficient bulk can lead  
               to failure.  Follow-up care with topical fluorides and oral  
               hygiene instruction may improve the treatment outcome in  
               high caries-risk dental populations.

              e)   Regulation of RDAs, RDAEFs, and RDHs in California  .  In  
               2008, AB 2637 (Eng), Chapter 499, Statutes of 2008,  
               established the current practice structures for RDAs,  
               RDAEFs, and other dental assisting categories.  AB 2637  
               contains a consensus language that was a product of several  
               years of negotiation.  The California Dental Association,  
               the Dental Assisting Alliance which represents dental  
               assisting schools and dental assistants, the California  
               Association of Oral and Maxillofacial Surgeons, the  
               California Society of Periodontists, and the California  
               Association of Orthodontists all participated in a process  
               of evaluating a more feasible and effective dental  
               assisting structure, the result of which are the provisions  
               adopted in AB 2637.  

             Current law authorizes an RDA to, among various functions,  








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               apply and activate bleaching agents, obtain intraoral  
               images for computer-aided design, chemically prepare teeth  
               for bonding, place, adjust, and finish direct provisional  
               restorations, place periodontal dressing, and place  
               ligature ties and archwires.  On the other hand, RDAEFs can  
               perform all the functions of an RDA, and under  direct  
               supervision  , and pursuant to the order of, control, and  
               full professional responsibility of a licensed dentist:   
               conduct preliminary evaluation of the patient's oral  
               health; perform oral health assessments in school-based  
               community health projects settings, as specified; size and  
               fit endodontic master points and accessory points; and,  
               adjust and cement permanent indirect restorations.  These  
               additional procedures could only be performed by a RDAEF  
               upon evidence of having completed Board-approved courses in  
               the additional procedures.  Additionally, a RDAEF must also  
               successfully complete an examination consisting of the  
               additional procedures that would be performed.  This  
               examination is administered by the Board.
             Unlike for RDAs and RDAEFs, the Committee exists to license,  
               regulate, and discipline RDHs.  RDHs can perform soft  
               tissue curettage, administer local anesthesia or nitrous  
               oxide and oxygen, whether administered alone or in  
               combination with each other, but only under the direct  
               supervision (the dentist is physically present in the  
               treatment facility).  Under general supervision, RDHs are  
               authorized to perform preventive and therapeutic  
               interventions (including oral prophylaxis, scaling, and  
               root planing), application of topical, therapeutic, and  
               subgingival agents used for the control of caries and  
               periodontal disease, and the taking of impressions for  
               bleaching trays, as specified.  The law also authorizes  
               RDHs licensed as of December 31, 2005, to perform the  
               duties of an RDA.

           3)SUPPORT  .  The 100% Campaign (a collaborative effort of the  
            Children's Partnership, Children Now, and the Children's  
            Defense Fund-California) supports this bill indicating it has  
            the potential to improve access to dental care for large  
            numbers of California children and other underserved  
            populations through the deployment of teledentistry.  The  
            proponents indicate that many children and underserved  
            populations suffer from poor oral health because they face  
            significant obstacles in obtaining dental services.  The  
            geographic mal-distribution of dentists often means there are  








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            not enough providers in places where children live and go to  
            school, and many dentists don't accept children's Medi-Cal  
            health insurance, which provides coverage to more than  
            one-third of California children.  Dentists may not serve  
            people with special health care needs and may not be located  
            in low-income communities.  The proponents believe that  
            teledentistry is a successful solution to bring dental care to  
            children and other populations that would otherwise go  
            without.  The 100% Campaign states that Medi-Cal does not pay  
            dentists for providing care via store and forward  
            teledentistry and thus, this bill is necessary so that data  
            can be collected at a patient site and sent via a Web-based  
            server for review and consultation by a distant dentist at a  
            later time.   

          The California Primary Care Association, Maternal and Child  
            Health Access indicate that this bill ensures that RDAs and  
            RDHs can continue to perform the duties they are performing  
            under the HWPP No. 172 and ensure Medi-Cal pays dentists for  
            providing store and forward teledentistry, and that this bill  
            will bring dental care to large number of children and other  
            underserved populations in their communities.   

          4)SUPPORT IF AMENDED  .   The California Association of Oral and  
            Maxillofacial Surgeons (CALAOMS) has taken a support if  
            amended position and indicates that it believes that this bill  
            should only focus on establishing teledentistry as a billable  
            and reimbursed service in the Medi-Cal program and also allow  
            RDAs and RDHs to determine which radiographs to perform under  
            supervision of a licensed dentist.  CALAOMS is seeking to  
            delete provisions allowing RDAs and RDHs to perform ITRs, and  
            states that patients in need of high-quality dental care first  
            deserve rigorous and scientific analysis of these same  
            mid-level providers performing ITRs.   

          The California Dental Association (CDA) indicates that it has  
            been working with the author on several of the details of the  
            bill, including supervision and settings for the new duties.   
            CDA states that it will continue to resolve outstanding  
            issues, most notably the oversight for curriculum development.

           5)OPPOSE UNLESS AMENDED  .  The California Dental Hygienists  
            Association (CDHA) seeks an amendment to remove provisions  
            allowing RDHs to determine which radiographs to take since  
            this is already part of the dental assessment provided  








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            currently by RDHs and is part of their education and training.  
             CDHA opposes including duties that RDHS can already perform  
            because it causes confusion within the professions and for  
            consumers.  Additionally, requiring a dentist's order for ITR  
            will be a problem for RDHs in public health setting and for  
            RDHAPs outside of dental offices because this limits access to  
            treatment for patients in need.  RDHs licensed prior to 2006  
            are already trained, educated, and are placing reversible,  
            temporary fillings using glass ionomer technology.  Updating  
            their education to use the methods tested under the pilot  
            project could be done in regulation.  

           6)RELATED LEGISLATION  .  

             a)   AB 318 (Logue), pending in this committee, authorizes  
               Medi-Cal payments for teledentistry services provided to  
               individuals participating in the Medi-Cal program.

             b)   AB 809 (Logue) eliminates a requirement on health care  
               providers prior to the delivery of health care via  
               telehealth to verbally inform and document consent of the  
               patient for this use.  AB 809 is pending in Senate Health  
               Committee.

           7)PREVIOUS LEGISLATION  .  

             a)   SB 764 (Steinberg) of 2012 would have required the  
               Department of Developmental Services (DDS) to pilot the use  
               of "telehealth systems," defined as a mode of delivering  
               services that utilizes information and communications  
               technologies to facilitate the diagnosis, evaluation and  
               consultation, treatment, education, care management  
               supports, and self-management of consumers in the provision  
               of Applied Behavioral Analysis and Intensive Behavioral  
               Intervention.  SB 764 was vetoed by Governor Brown.  The  
               Governor's veto message said, "I appreciate the author's  
               desire to bring more efficiency to regional centers as well  
               as promote the value of telehealth.  The goals of this  
               bill, however, can already be accomplished under existing  
               law.  Mandating every individual program planning team to  
               consider telehealth appears excessive.  Where beneficial  
               and available, I expect they will consider it, without the  
               state telling them to do so."

             b)   SB 1050 (Alquist) of 2012 would have required DDS to  








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               establish an autism telehealth taskforce to be administered  
               and led by a public or nonprofit entity responsible for the  
               activities and work of the taskforce, would have provided  
               that the lead administrator appoint members of the  
               taskforce who have knowledge or experience, as specified,  
               and would have provided that the taskforce provide  
               technical assistance and recommendations in the area of  
               telehealth services for individuals with autism spectrum  
               disorder, as specified.  SB 1050 was vetoed by Governor  
               Brown.  The Governor's veto message said, "I am returning  
               SB 1050 without my signature.  Last year I signed AB 415  
               (Logue), the Telehealth Advancement Act of 2011, to update  
               our statutes on the use of telehealth.  As we work to  
               improve and modernize our health care system, we can expect  
               telehealth to play an increasingly prominent role in rural  
               and urban areas, for many diseases and conditions.  Such  
               advancements and collaboration are occurring now, and a  
               privately funded, disease-specific task force set forth in  
               statute does not appear to be warranted." 

             c)   AB 1733 (Logue), Chapter 782, Statutes of 2012, updates  
               several code sections to replace the term "telemedicine"  
               with "telehealth" and expands the potential for the use of  
               telehealth in additional health care programs administered  
               by DHCS such as the Program of All-Inclusive Care for the  
               Elderly (PACE). 

             d)   AB 415 (Logue), Chapter 547, Statutes of 2011,  
               establishes the Telehealth Advancement Act of 2011 to  
               revise and update existing law to facilitate the  
               advancement of telehealth as a service delivery mode in  
               managed care and the Medi-Cal program.  

             e)   AB 175 (Galgiani), Chapter 419, Statutes of 2010, for  
               the purposes of Medi-Cal reimbursement, expands, until  
               January 1, 2013, the definition of "teleophthalmology and  
               teledermatology by store and forward" to include services  
               of an optometrist who is trained to diagnose and treat eye  
               diseases.  

             f)   AB 2120 (Galgiani), Chapter 260, Statutes of 2008,  
               extends the Medi-Cal telemedicine reimbursement  
               authorization until January 1, 2013.

             g)   AB 329 (Nakanishi), Chapter 386, Statutes of 2007,  








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               authorizes the Medical Board of California (MBC) to  
               establish a pilot program to expand the practice of  
               telemedicine and to convene a working group.  AB 329  
               specifies that the purpose of the pilot program is to  
               develop methods, using a telemedicine model, of delivering  
               health care to those with chronic diseases and delivering  
               other health information, and requires MBC to make  
               recommendations regarding its findings to the Legislature  
               within one calendar year of the commencement date of the  
               pilot program.  

             h)   AB 1224 (Hernandez), Chapter 507, Statutes of 2007, adds  
               optometrists to the list of health care providers covered  
               under laws governing telemedicine services.

             i)   AB 354 (Cogdill), Chapter 449, Statutes of 2005, expands  
               telemedicine provisions by providing that, from July 1,  
               2006 through December 31, 2008, face-to-face contact  
               between a health care provider and a patient is not  
               required for the Medi-Cal program for "store and forward"  
               teleophthalmology and teledermatology services.

             j)   SB 1665 (Thompson), Chapter 864, Statutes of 1996,  
               establishes the Telemedicine Development Act (TDA) to set  
               standards for the use of telemedicine by health care  
               practitioners and insurers.  TDA specifies, in part, that  
               face-to-face contact between a health care provider and a  
               patient is not required under the Medi-Cal program for  
               services appropriately provided through telemedicine, when  
               those services are otherwise covered by the Medi-Cal  
               program, and requires a health care practitioner to obtain  
               verbal and written consent prior to providing services  
               through telemedicine.  

           8)TECHNICAL AMENDMENTS  .  The committee recommends the following  
            technical amendments:

             a)   On page 7, line 5, delete "compromise" and insert  
               "comprise."

             b)   On page 15, line 27, delete "compromise" and insert  
               "comprise."

           9)POLICY CONSIDERATION  .  To increase assurance that the required  
            supervision by a dentist will be present in patient care, the  








                                                                  AB 1174
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            Committee chair recommends establishing a limit on the number  
            of RDAEF, RDH or RDHAP that a dentist can supervise in the  
            teledentistry setting. 

           REGISTERED SUPPORT / OPPOSITION  :  
           
          Support 
           
          100% Campaign
          Alzheimer's Association
          Brighter Smiles for You Mobile Dental Hygiene Services
          California Academy of Physician Assistants
          California Coverage & Health Initiatives
          California Primary Care Association
          California School Health Centers Association
          California School-Based Health Alliance
          Children Now
          Children's Defense Fund California
          Children's Partnership
          Community Clinic Association of Los Angeles County 
          Connecting to Care
          Golden Gate Regional Center
          La Maestro Community Health Centers
          Los Angeles Area Chamber of Commerce 
          Los Angeles Trust for Children's Health
          Los Angeles Unified School District
          Maternal and Child Health Access
          Open Door Community Health Centers
          Oral Health Access Council
          PICO California
          United Ways California
          Venice Family Clinic
          Western Dental Services Inc
          Worksite Wellness LA
          Several individuals

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :    Rosielyn Pulmano/HEALTH / (916)  
          319-2097 











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