BILL ANALYSIS Ó
SB 562
Page 1
SENATE THIRD READING
SB 562 (Galgiani)
As Amended September 6, 2013
Majority vote
SENATE VOTE : 32-0
BUSINESS & PROFESSIONS 13-0 APPROPRIATIONS 17-0
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|Ayes:|Gordon, Jones, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, |
| |Campos, Dickinson, | |Bocanegra, Bradford, Ian |
| |Bonilla, Hagman, Holden, | |Calderon, Campos, |
| |Maienschein, Mullin, | |Donnelly, Eggman, Gomez, |
| |Skinner, Ting, Wilk | |Hall, Holden, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
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SUMMARY : Requires the Dental Board of California (DBC) to
develop registration and operating regulations for mobile dental
units and dental practices that routinely use portable dental
units, and deletes restrictions limiting dentists to operating
only one mobile dental clinic. Specifically, this bill :
1)Requires a dental practice that routinely uses portable dental
units to be registered and operated in accordance with
regulations to be established by DBC, and prohibits the
regulations from preventing or lessening competition in
service areas.
2)Deletes the restriction on a licensed dentist operating only
one mobile dental clinic or unit registered as a dental office
or facility.
3)Requires DBC to adopt regulations requiring a registrant to
identify a licensed dentist responsible for the mobile dental
unit or portable practice, and requires the regulations to
include, but not be limited to, requirements for availability
of follow-up and emergency care, maintenance and availability
of provider and patient records, and provision of treatment
information to patients and other appropriate parties.
SB 562
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4)Exempts portable dental units from requirements related to
additional offices, clinics operated by federal entities,
federally recognized Indian tribes or tribal organizations,
intermittent clinics, and mobile service units, as specified.
5) Defines the following terms:
a) "Mobile dental unit" means a self-contained facility,
which may include a trailer or van, in which dentistry will
be practiced that may be moved, towed, or transported from
one location to another; and,
b) "Portable dental unit" means a self-contained unit
housing equipment used for providing dental treatment that
is transported to, and used on a temporary basis at,
non-dental office locations.
6)Makes other technical or clarifying changes.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time costs of less than $150,000 to the Dentistry
Fund for DBC to update regulations.
COMMENTS :
1)Purpose of this bill . This bill requires DBC to adopt
regulations requiring a dental practice that routinely uses
portable dental units to register with DBC and operate
according to DBC regulations. This bill is sponsored by the
California Dental Association.
2)Nontraditional dental practice settings . California regulates
the practice of dentistry in many settings beyond the
traditional brick-and-mortar office:
a) Mobile service unit . A mobile service unit is basically
a primary clinic on wheels, typically in a specialized
commercial coach. These units are approved by the
Department of Public Health and may provide dental
services, in addition to other procedures, but are not
regulated by DBC.
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b) Mobile dental clinic . A mobile dental clinic, or mobile
dental unit, is a commercial coach, trailer, van, or other
self-contained unit that may appear similar to a mobile
service unit, but only provides dental services. A mobile
dental clinic is regulated by DBC, and may be operated by a
dentist after receiving a permit from DBC and proving that
the unit complies with existing health and safety
regulations.
c) Portable dental unit . A portable dental unit consists
of portable dental chair and suitcase-like container
housing a collection of dental tools which may be set up to
enable a dental professional to perform dental services at
various field sites.
3)Operation of multiple mobile and portable dental units . This
bill also deletes the restriction on dentists operating only
one mobile dental unit at a time. This restriction is no
longer relevant, as dentists are permitted to have multiple
traditional dental offices, and a dentist is required to
register each mobile unit with the board and follow all
relevant laws and regulations.
According to the sponsor, "Lifting the numerical restriction
will encourage access to care by allowing dentists to cover
multiple sites with multiple mobile and/or portable units,
either themselves or through general supervision of dental
hygienists."
4)Additional considerations . This bill defines a "portable
dental unit" and requires the registration of a dental
practice that routinely uses portable dental units. However,
the terms "dental practice," "portable practice," and
"routinely" are not defined in this bill or the Dental
Practice Act (Act), which may lead to later problems with
implementation.
Under current law, dentists are required to notify DBC of all
places of practice, whether portable or not. However, mobile
dental units are exempted from the registration requirements,
so it may be difficult to trace which dentists practice with
mobile or portable units unless the practicing dentist is
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registered as the individual responsible for the unit. So
while this bill would require the registration of some
portable dentistry businesses, it does not necessarily
identify the individual dentists practicing portable
dentistry, which may complicate regulatory oversight.
Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916)
319-3301
FN: 0002436