Amended in Senate April 30, 2013

Senate BillNo. 562


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, as amended, 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 also imposes specified registration requirements on a dentist who maintains additional places of practice. 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 authorize a licensed dentist to operate one mobile or portable dental unitbegin insert, as defined,end insert registered and operated in accordance with those regulations. The bill would authorize the regulations to include, but 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 1657 of the Business and Professions
2Code
is amended to read:

3

1657.  

(a) begin insertFor the purposes of this section, the following
4definitions shall apply:end insert

begin insert

5(1) “Mobile dental unit” means a facility in which dentistry is
6practiced and that is routinely towed, moved, or transported from
7one location to another.

end insert
begin insert

8(2) “Portable dental unit” means a nonfacility in which dental
9equipment used in the practice of dentistry is transported to, and
10used on a temporary basis at, an out-of-office location.

end insert

11begin insert(b)end insertbegin insertend insert A licensed dentist may operate one mobile or portable dental
12unit. The mobile or portable dental unit shall be registered and
13operated in accordance with regulations established by the board,
14provided these regulations are not designed to prevent or lessen
15 competition in service areas. The regulations may include, but
16shall not be limited to, requirements for availability of followup
17and emergency care, maintenance, and availability of provider and
18patient records, and treatment information to be provided to patients
19and other appropriate parties. A mobile or portable dental unit
20registered and operated in accordance with the board’s regulations
21and that has paid the fees established by the board, including a
22mobile dental unit registered for the purpose specified in
23subdivisionbegin delete (d)end deletebegin insert (e)end insert, shall otherwise be exempted from this article
24and Article 3.5 (commencing with Section 1658).

begin delete

25(b)

end delete

26begin insert(c)end insert A mobile service unit, as defined in subdivision (b) of
27Section 1765.105 of the Health and Safety Code, and a mobile
28unit operated by an entity that is exempt from licensure pursuant
29to subdivision (b), (c), or (h) of Section 1206 of the Health and
30Safety Code, are exempt from this article and Article 3.5
31(commencing with Section 1658). Notwithstanding this exemption,
32the owner or operator of the mobile unit shall notify the board
33within 60 days of the date on which dental services are first
P3    1delivered in the mobile unit, or the date on which the mobile unit’s
2application pursuant to Section 1765.130 of the Health and Safety
3Code is approved, whichever is earlier.

begin delete

4(c)

end delete

5begin insert(d)end insert A licensee practicing in a mobile unit described in
6subdivisionbegin delete (b)end deletebegin insert (c)end insert is not subject to subdivisionbegin delete (a)end deletebegin insert (b)end insert as to that
7mobile unit.

begin delete

8(d)

end delete

9begin insert(e)end insert Notwithstanding Section 1625, a licensed dentist shall be
10permitted to operate a mobile dental unit provided by his or her
11property and casualty insurer as a temporary substitute site for the
12 practice registered by him or her pursuant to Section 1650 as long
13as both of the following apply:

14(1) The licensed dentist’s registered place of practice has been
15rendered and remains unusable due to loss or calamity.

16(2) The licensee’s insurer registers the unit with the board in
17compliance with subdivisionbegin delete (a)end deletebegin insert (b)end insert.



O

    98