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.begin delete Existing law also imposes specified registration requirements on a dentist who maintains additional places of practice.end deletebegin insert Existing law exempts specified mobile units from those
requirements.end insert 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 wouldbegin insert eliminate the one mobile dental clinic or unit limit and wouldend insert authorize a licensed dentist to operatebegin delete oneend deletebegin insert aend insert mobilebegin insert dental unitend insert or portable dental unit, as defined,begin insert that isend insert registered and operated in
accordance withbegin delete those regulations.end deletebegin insert
the regulations of the board.end insert The bill would authorize thebegin insert board to adoptend insert
regulationsbegin delete to includeend deletebegin insert, includingend insert, but notbegin delete beend delete 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 1657 of the Business and Professions
2Code is amended to read:
(a) For the purposes of this section, the following
4definitions shall apply:
5(1) “Mobile dental unit” means abegin insert self-containedend insert facility in which
6dentistrybegin delete isend deletebegin insert will be end insert practicedbegin delete andend delete thatbegin delete is routinely towed,end deletebegin insert
may beend insert
7 moved,begin insert
towed,end insert or transported from one location to another.
8(2) “Portable dental unit” meansbegin delete a nonfacility in whichend delete dental
9equipmentbegin delete used in the practice of dentistry isend deletebegin insert
housed in a
10self-contained unit used for providing dental treatment that is
11routinelyend insert transported to, and used on a temporary basis at,begin delete an begin insert a nondental office locationend insert.
12out-of-office locationend delete
13(b) Abegin delete licensed dentist may operate one mobile or portable dental begin insert
mobile dental unit or
14unit. The mobile or portable dental unitend delete
15portable dental unitend insert shall be registered and operated in accordance
16with regulations established by thebegin delete board, provided these begin insert board. These regulations shall not beend insert designed
17regulations are notend delete
18to prevent or lessen
competition in service areas. The regulations
19may include, but shall not be limited to, requirements for
20availability of followup and emergency care,begin delete maintenance,end delete
21begin insert maintenanceend insert and availability of provider and patient records, and
22treatment information to be provided to patients and other
23appropriate parties. A mobilebegin insert dental unit,end insert orbegin insert aend insert portable dental unit
24registered and operated in accordance with the board’s regulations
25and that has paid the fees established by the board, including a
26mobile dental unit registered for the purpose
specified in
27subdivision (e), shall otherwise be exempted from this article and
28Article 3.5 (commencing with Section 1658).
29(c) A mobile service unit, as defined in subdivision (b) of
30Section 1765.105 of the Health and Safety Code, and a mobile
P3 1begin insert dental end insert unitbegin insert or portable dental unitend insert operated by an entity that is
2exempt from licensure pursuant to subdivision (b), (c), or (h) of
3Section 1206 of the Health and Safety Code, are exempt from this
4article and Article 3.5 (commencing with Section 1658).
5Notwithstanding this exemption, the owner or operator of the
6mobile unit shall notify the board within 60 days of the date on
7which dental services are first delivered
in the mobile unit, or the
8date on which the mobile unit’s application pursuant to Section
91765.130 of the Health and Safety Code is approved, whichever
10is earlier.
11(d) A licensee practicing in a mobile unit described in
12subdivision (c) is not subject to subdivision (b) as to that mobile
13unit.
14(e) Notwithstanding Section 1625, a licensed dentist shall be
15permitted to operate a mobile dental unit provided by his or her
16property and casualty insurer as a temporary substitute site for the
17
practice registered by him or her pursuant to Section 1650 as long
18as both of the following apply:
19(1) The licensed dentist’s registered place of practice has been
20rendered and remains unusable due to loss or calamity.
21(2) The licensee’s insurer registers thebegin insert mobile dentalend insert unit with
22the board in compliance with subdivision (b).
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