Amended in Assembly September 6, 2013

Amended in Assembly June 18, 2013

Amended in Senate April 30, 2013

Senate Bill No. 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 exempts specified mobile units from those requirements. 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 eliminate the one mobile dental clinic or unit limit and would begin delete authorize a licensed dentist to operate end delete begin insert require end insert a mobile dental unit or begin insert a dental practice that routinely uses end insert portable dental begin delete unit, as defined, that is end delete begin insert units, as defined, to be end insert registered and operated in accordance with the regulations of the board. The bill would begin delete authorize end delete begin insert require any regulations adopted by end insert the board begin delete to adopt regulations, including, but not limited to, end delete begin insert pertaining to these matters to require the registrant to identify a licensed dentist responsible for the mobile dental unit or portable practice, and to include end insert requirements for availability of followup and emergency care, begin delete maintenance, end delete begin insert maintenance end insert 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 self-contained facility begin insert , which
may include a trailer or van, end insert in which dentistry begin delete will be end delete begin insert is end insert practiced
that may be moved, towed, or transported from one location to
another.

(2) “Portable dental unit” means begin delete dental equipment housed in end delete a
self-contained unit begin insert housing equipment end insert used for providing dental
treatment that is begin delete routinely end delete transported to, and used on a temporary
basis at, begin delete a end delete nondental office begin delete location end delete begin insert locations end insert .

(b) A mobile dental unit begin delete or end delete begin insert , or a dental practice that routinely
uses end insert portable dental begin delete unit end delete begin insert units to provide treatment in nondental
office locations, end insert shall be registered and operated in accordance
with regulations established by the board. These regulations shall
not be designed to prevent or lessen competition in service areas.
The regulations begin delete may end delete begin insert shall require the registrant to identify a
licensed dentist responsible for the mobile dental unit or portable
practice, and shall end insert 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 dental unit, or a begin insert dental practice using end insert portable dental
begin delete unit end delete begin insert units, end insert 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 (e), shall otherwise be begin delete exempted end delete begin insert exempt end insert from this
article and Article 3.5 (commencing with Section 1658).

(c) A mobile service unit, as defined in subdivision (b) of
Section 1765.105 of the Health and Safety Code, and a mobile
dental unit or portable dental 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.

(d) A licensee practicing in a mobile unit described in
subdivision (c) is not subject to subdivision (b) as to that mobile
unit.

(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 mobile dental unit with
the board in compliance with subdivision (b).