BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 562|
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UNFINISHED BUSINESS
Bill No: SB 562
Author: Galgiani (D)
Amended: 9/6/13
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEVELOP. COMM. : 10-0, 4/22/13
AYES: Price, Emmerson, Block, Corbett, Galgiani, Hernandez,
Hill, Padilla, Wyland, Yee
SENATE APPROPRIATIONS COMMITTEE : 7-0, 4/29/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SENATE FLOOR : 32-0, 5/6/13 (Consent)
AYES: Anderson, Beall, Block, Calderon, Cannella, Corbett,
Correa, De Le�n, DeSaulnier, Emmerson, Evans, Fuller, Gaines,
Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Knight, Leno,
Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth,
Steinberg, Wright, Wyland
NO VOTE RECORDED: Berryhill, Jackson, Lara, Walters, Wolk, Yee,
Vacancy, Vacancy
ASSEMBLY FLOOR : Not available
SUBJECT : Dentists: mobile or portable dental units
SOURCE : California Dental Association
DIGEST : This bill requires the Dental Board of California
(DBC) to develop registration and operating regulations for
mobile dental units and dental practices that routinely use
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portable dental units, and deletes restrictions limiting
dentists to operating only one mobile dental clinic.
Assembly Amendments clarify the definition of a "mobile dental
unit;" require registration for dental practices using portable
dental units to provide treatment in nondental office locations;
require DBC to promulgations requiring a mobile dental unit or a
practice routinely using portable dental units identify a
licensed dentists responsible for the unit or practice; and make
other technical and clarifying changes.
ANALYSIS :
Existing law:
1. Authorizes a dentist to operate a mobile dental clinic or
unit that is registered with regulations adopted by the DBC.
2. Specifies registration requirements for mobile dental clinics
or units.
3. Under the Mobile Health Care Service Act, requires mobile
service units to be licensed by the Department of Health Care
Services (DHCS).
4. Outlines the following specifications:
A. The mobile unit shall be of sufficient size and
shall be arranged in a manner that is appropriate for
the provision of those health care services that it is
licensed to provide.
B. The mobile unit shall be equipped with appropriate
utilities for the comfort and safety of patients. The
Office of Statewide Health Planning and Development
shall review and approve hospital-provided utility
connections for mobile units that require utility
hookups with general acute care hospitals.
C. The mobile unit shall be maintained in good repair
and in a clean and sanitary manner.
D. All proposed modifications to previously approved
services and procedures shall be reviewed and approved
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by DHCS before they are implemented. Modifications to
the mobile service unit shall be approved by the
Department of Housing and Community Development.
E. The licensee shall report to DHCS the location of
the site at least 24 hours prior to the operation of a
mobile unit at any site for the first time.
F. Notification shall be waived when the mobile unit
operates at any site for the first time at the request
of federal, state, or local authorities for the
purposes of responding to state or locally declared
emergencies, federally declared emergencies and
declared public health emergencies.
5. Requires a licensee using mobile services to maintain written
transfer agreements that shall include, but shall not be
limited to, provisions for communication with, and
transportation to, one or more nearby hospitals and other
health facilities as needed to meet medical emergencies.
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.
4. Exempts portable dental units from requirements related to
additional offices, clinics operated by federal entities,
federally recognized Indian tribes or tribal organizations,
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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.
Background
Nontraditional dental practice settings . California regulates
the practice of dentistry in many settings beyond the
traditional brick-and-mortar office:
1. 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.
2. 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.
3. 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
According to the Senate Appropriations Committee, one-time costs
of about $75,000 to $150,000 for DBC to update regulations
(State Dentistry Fund).
SUPPORT : (Verified 9/10/13)
California Dental Association (source)
California Academy of Physician Assistants
California Primary Care Association
The Children's Partnership
ARGUMENTS IN SUPPORT : According to the author's office,
existing law provides DBC the authority to regulate mobile
dental units, but did not envision the use of portable
equipment, as the statutory language does not appear flexible
enough to provide the same authority over portable dental units.
As Californians rely on DBC to ensure proper consumer
protections through regulations, regardless of location or
manner in which those services are provided, it is imperative to
update the statute to extend DBC's authority over all practice.
The bill's sponsor, the California Dental Association, states,
"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."
MW:d 9/10/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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