BILL NUMBER: SB 562	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 30, 2013

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 unit  , as defined,  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:

  SECTION 1.  Section 1657 of the Business and Professions Code is
amended to read:
   1657.  (a)  For the purposes of this section, the following
definitions shall apply:  
   (1) "Mobile dental unit" means a facility in which dentistry is
practiced and that is routinely towed, moved, or transported from one
location to another.  
   (2) "Portable dental unit" means a nonfacility in which dental
equipment used in the practice of dentistry is transported to, and
used on a temporary basis at, an out-of-office location. 
    (b)    A licensed dentist may operate one
mobile or portable dental unit. The mobile or portable dental unit
shall be registered and operated in accordance with regulations
established by the board, provided these regulations are not designed
to prevent or lessen competition in service areas. The regulations
may include, but shall 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.
A mobile or portable dental unit registered and operated in
accordance with the board's regulations and that has paid the fees
established by the board, including a mobile dental unit registered
for the purpose specified in subdivision  (d)  
(e)  , shall otherwise be exempted from this article and Article
3.5 (commencing with Section 1658). 
   (b) 
    (c)  A mobile service unit, as defined in subdivision
(b) of Section 1765.105 of the Health and Safety Code, and a mobile
unit operated by an entity that is exempt from licensure pursuant to
subdivision (b), (c), or (h) of Section 1206 of the Health and Safety
Code, are exempt from this article and Article 3.5 (commencing with
Section 1658). Notwithstanding this exemption, the owner or operator
of the mobile unit shall notify the board within 60 days of the date
on which dental services are first delivered in the mobile unit, or
the date on which the mobile unit's application pursuant to Section
1765.130 of the Health and Safety Code is approved, whichever is
earlier. 
   (c) 
    (d)  A licensee practicing in a mobile unit described in
subdivision  (b)   (c)  is not subject to
subdivision  (a)   (b)  as to that mobile
unit. 
   (d) 
    (e)  Notwithstanding Section 1625, a licensed dentist
shall be permitted to operate a mobile dental unit provided by his or
her property and casualty insurer as a temporary substitute site for
the practice registered by him or her pursuant to Section 1650 as
long as both of the following apply:
   (1) The licensed dentist's registered place of practice has been
rendered and remains unusable due to loss or calamity.
   (2) The licensee's insurer registers the unit with the board in
compliance with subdivision  (a)   (b)  .