AB 502, as amended, Chau. Dental hygiene.
Existing law, the Dental Practice Act, provides for the licensure and regulation of registered dental hygienists, registered dental hygienists in extended functions, and registered dental hygienists in alternative practice by the Dental Hygiene Committee of California. Existing law authorizes a registered dental hygienist in alternative practice to practice pursuant to specified provisions of law as, among other things, an independent contractor or an employee of a specified clinic. Existing law, the Moscone-Knox Professional Corporation Act, prohibits a professional corporation from rendering professional services in this state without a currently effective certificate of registration issued by the governmental agency regulating the profession in which the corporation is or proposes to be engaged and excepts any professional corporation rendering professional services by persons duly licensed by specified state entities from that requirement. Existing law authorizes specified healing arts licensees to be shareholders, officers, directors, or professional employees of a designated professional corporation, subject to certain limitations relating to ownership of shares. However, existing law specifies that it does not limit employment by a designated professional corporation to only those healing arts licensees and authorizes any healing arts licensee to be employed to render professional services by a designated professional corporation.
This bill would additionally except any professional corporation rendering professional services by persons duly licensed by the Dental Hygiene Committee of California from the certificate of registration requirement. The bill would authorizebegin insert registeredend insert dental assistants, licensed dentists, registered dental hygienists, and registered dental hygienists in extended functions to be shareholders, officers, directors, or professional employees of a registered dental hygienist in alternative practice corporation. The bill would, in the Dental Practice Act, authorize a registered dental hygienist in alternative practice to practice as an employee of a professional corporation, as specified. The bill would make it unprofessional conduct to violate, attempt to violate, assist in or abet the violation of, or conspire to violate, specified provisions regarding registered dental hygienists in alternative practice corporations, the Moscone-Knox Professional Corporation Act, or any regulations adopted under those laws.begin insert The bill would require a licensee employed by, or practicing in, a registered dental hygienist in alternative practice corporation to practice within the scope of their license and be subject to all applicable licensure provisions in their respective practice act.end insert The bill would require the bylaws of a registered dental hygienist in alternative practice corporation to include a provision requiring the capital stock of a disqualified or deceased person to be sold to specified parties within a specified period of time. The bill would also require such a corporation to provide security for claims by patients.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1925 of the Business and Professions
2Code is amended to read:
A registered dental hygienist in alternative practice may
4practice, pursuant to subdivision (a) of Section 1907, subdivision
5(a) of Section 1908, subdivisions (a) and (b) of Section 1910,
6Section 1910.5, and Section 1926.05 as an employee of a dentist
7or of another registered dental hygienist in alternative practice, as
8an independent contractor, as a sole proprietor of an alternative
9dental hygiene practice, as an employee of a primary care clinic
10or specialty clinic that is licensed pursuant to Section 1204 of the
11Health and Safety Code, as an employee of a primary care clinic
12exempt from licensure pursuant to subdivision (c) of Section 1206
13of the Health and Safety Code, as an employee of a clinic owned
14or operated by a public hospital or health system, as an
employee
15of a clinic owned and operated by a hospital that maintains the
16primary contract with a county government to fill the county’s role
17under Section 17000 of the Welfare and Institutions Code, or as
18an employee of a professional corporation under the
19Moscone-Knox Professional Corporation Act (commencing with
20Section 13400) of Part 4 of Division 3 of Title 1 of the
21Corporations Code.
Article 9.1 (commencing with Section 1967) is added
23to Chapter 4 of Division 2 of the Business and Professions Code,
24to read:
25
A registered dental hygienist in alternative practice
30corporation is a professional corporation that is authorized to render
31professional services, as defined in Section 13401 of the
32Corporations Code, so long as that professional corporation and
33its shareholders, officers, directors, and professional employees
34rendering professional services are in compliance with the
35Moscone-Knox Professional Corporation Act (commencing with
36Section 13400) of Part 4 of Division 3 of Title 1 of the
37Corporations Code, this article, and all other statutes and
38regulations now or hereafter adopted pertaining to the professional
P4 1corporation and the conduct of its affairs. With respect to a
2registered dental hygienist in alternative practice corporation, the
3
governmental agency referred to in the Moscone-Knox Professional
4Corporation Act is the Dental Hygiene Committee of California.
It shall constitute unprofessional conduct and a
6violation of this article for any person licensed under this article
7to violate, attempt to violate, directly or indirectly, assist in or abet
8the violation of, or conspire to violate any provision or term of
9this article, the Moscone-Knox Professional Corporation Act, or
10any regulations duly adopted under those laws.
A registered dental hygienist in alternative practice
12corporation shall not do or fail to do any act the doing of which
13or the failure to do would constitute unprofessional conduct under
14any statute or regulation, now or hereafter adopted. In the conduct
15of its practice, it shall observe and be bound by such statutes and
16regulations to the same extent as a person holding a license under
17Article 9 (commencing with Section 1900).
A licensee employed by, or practicing in, a registered
19dental hygienist in alternative practice corporation pursuant to
20Section 13401.5 of the Corporations Code shall practice within
21the scope of their license and shall be subject to all applicable
22licensure provisions in their respective practice act.
The income of a registered dental hygienist in
24alternative practice corporation attributable to professional services
25rendered while a shareholder is a disqualified person, as defined
26in subdivision (e) of Section 13401 of the Corporations Code, shall
27not in any manner accrue to the benefit of such shareholder or his
28or her shares in the registered dental hygienist in alternative
29practice corporation.
(a) The bylaws of a registered dental hygienist in
31alternative practice corporation shall include a provision whereby
32the capital stock of the professional corporation owned by a
33disqualified person, as defined in subdivision (e) of Section 13401
34of the Corporations Code, or a deceased person, shall be sold to
35the professional corporation or to the remaining shareholders of
36the professional corporation not later than 90 days after
37disqualification, if the shareholder becomes a disqualified person,
38or not later than six months after death, if the shareholder becomes
39deceased.
P5 1(b) A registered dental hygienist in alternative practice
2corporation shall provide
adequate security by insurance or
3otherwise for claims against it by its patients arising out of the
4rendering of professional services.
Section 13401 of the Corporations Code is amended
6to read:
As used in this part:
8(a) “Professional services” means any type of professional
9services that may be lawfully rendered only pursuant to a license,
10certification, or registration authorized by the Business and
11Professions Code, the Chiropractic Act, or the Osteopathic Act.
12(b) “Professional corporation” means a corporation organized
13under the General Corporation Law or pursuant to subdivision (b)
14of Section 13406 that is engaged in rendering professional services
15in a single profession, except as otherwise authorized in Section
1613401.5, pursuant to a certificate of registration issued by the
17governmental
agency regulating the profession as herein provided
18and that in its practice or business designates itself as a professional
19or other corporation as may be required by statute. However, any
20professional corporation or foreign professional corporation
21rendering professional services by persons duly licensed by the
22Medical Board of California or any examining committee under
23the jurisdiction of the board, the Osteopathic Medical Board of
24California, the Dental Board of California, the Dental Hygiene
25Committee of California, the California State Board of Pharmacy,
26the Veterinary Medical Board, the California Architects Board,
27the Court Reporters Board of California, the Board of Behavioral
28Sciences, the Speech-Language Pathology and Audiology Board,
29the Board of Registered Nursing, or the State Board of Optometry
30shall not be required to obtain a certificate of registration in order
31to render those
professional services.
32(c) “Foreign professional corporation” means a corporation
33organized under the laws of a state of the United States other than
34this state that is engaged in a profession of a type for which there
35is authorization in the Business and Professions Code for the
36performance of professional services by a foreign professional
37corporation.
38(d) “Licensed person” means any natural person who is duly
39licensed under the provisions of the Business and Professions
40Code, the Chiropractic Act, or the Osteopathic Act to render the
P6 1same professional services as are or will be rendered by the
2professional corporation or foreign professional corporation of
3which he or she is, or intends to become, an officer, director,
4shareholder, or employee.
5(e) “Disqualified person” means a licensed person who for any
6reason becomes legally disqualified (temporarily or permanently)
7to render the professional services that the particular professional
8corporation or foreign professional corporation of which he or she
9is an officer, director, shareholder, or employee is or was rendering.
Section 13401.5 of the Corporations Code is amended
11to read:
Notwithstanding subdivision (d) of Section 13401
13and any other provision of law, the following licensed persons
14may be shareholders, officers, directors, or professional employees
15of the professional corporations designated in this section so long
16as the sum of all shares owned by those licensed persons does not
17exceed 49 percent of the total number of shares of the professional
18corporation so designated herein, and so long as the number of
19those licensed persons owning shares in the professional
20corporation so designated herein does not exceed the number of
21persons licensed by the governmental agency regulating the
22designated professional corporation. This section does not limit
23employment by a professional corporation designated in this section
24
to only those licensed professionals listed under each subdivision.
25Any person duly licensed under Division 2 (commencing with
26Section 500) of the Business and Professions Code, the
27Chiropractic Act, or the Osteopathic Act may be employed to
28render professional services by a professional corporation
29designated in this section.
30(a) Medical corporation.
31(1) Licensed doctors of podiatric medicine.
32(2) Licensed psychologists.
33(3) Registered nurses.
34(4) Licensed optometrists.
35(5) Licensed marriage and family therapists.
36(6) Licensed clinical social workers.
37(7) Licensed physician assistants.
38(8) Licensed chiropractors.
39(9) Licensed acupuncturists.
40(10) Naturopathic doctors.
P7 1(11) Licensed professional clinical counselors.
2(12) Licensed physical therapists.
3(b) Podiatric medical corporation.
4(1) Licensed physicians and surgeons.
5(2) Licensed psychologists.
6(3) Registered nurses.
7(4) Licensed optometrists.
8(5) Licensed chiropractors.
9(6) Licensed acupuncturists.
10(7) Naturopathic doctors.
11(8) Licensed physical therapists.
12(c) Psychological corporation.
13(1) Licensed physicians and surgeons.
14(2) Licensed doctors of podiatric medicine.
15(3) Registered nurses.
16(4) Licensed optometrists.
17(5) Licensed marriage and family therapists.
18(6) Licensed clinical social workers.
19(7) Licensed chiropractors.
20(8) Licensed acupuncturists.
21(9) Naturopathic doctors.
22(10) Licensed professional clinical counselors.
23(d) Speech-language pathology corporation.
24(1) Licensed audiologists.
25(e) Audiology corporation.
26(1) Licensed speech-language pathologists.
27(f) Nursing corporation.
28(1) Licensed physicians and surgeons.
29(2) Licensed doctors of podiatric medicine.
30(3) Licensed psychologists.
31(4) Licensed optometrists.
32(5) Licensed marriage and family therapists.
33(6) Licensed clinical social workers.
34(7) Licensed physician assistants.
35(8) Licensed chiropractors.
36(9) Licensed acupuncturists.
37(10) Naturopathic doctors.
38(11) Licensed professional clinical counselors.
39(g) Marriage and family therapist corporation.
40(1) Licensed physicians and surgeons.
P8 1(2) Licensed psychologists.
2(3) Licensed clinical social workers.
3(4) Registered nurses.
4(5) Licensed chiropractors.
5(6) Licensed acupuncturists.
6(7) Naturopathic doctors.
7(8) Licensed professional clinical counselors.
8(h) Licensed clinical social worker corporation.
9(1) Licensed physicians and surgeons.
10(2) Licensed psychologists.
11(3) Licensed marriage and family therapists.
12(4) Registered nurses.
13(5) Licensed chiropractors.
14(6) Licensed acupuncturists.
15(7) Naturopathic doctors.
16(8) Licensed professional clinical counselors.
17(i) Physician assistants corporation.
18(1) Licensed physicians and surgeons.
19(2) Registered nurses.
20(3) Licensed acupuncturists.
21(4) Naturopathic doctors.
22(j) Optometric corporation.
23(1) Licensed physicians and surgeons.
24(2) Licensed doctors of podiatric medicine.
25(3) Licensed psychologists.
26(4) Registered nurses.
27(5) Licensed chiropractors.
28(6) Licensed acupuncturists.
29(7) Naturopathic doctors.
30(k) Chiropractic corporation.
31(1) Licensed physicians and surgeons.
32(2) Licensed doctors of podiatric medicine.
33(3) Licensed psychologists.
34(4) Registered nurses.
35(5) Licensed optometrists.
36(6) Licensed marriage and family therapists.
37(7) Licensed clinical social workers.
38(8) Licensed acupuncturists.
39(9) Naturopathic doctors.
40(10) Licensed professional clinical counselors.
P9 1(l) Acupuncture corporation.
2(1) Licensed physicians and surgeons.
3(2) Licensed doctors of podiatric medicine.
4(3) Licensed psychologists.
5(4) Registered nurses.
6(5) Licensed optometrists.
7(6) Licensed marriage and family therapists.
8(7) Licensed clinical social workers.
9(8) Licensed physician assistants.
10(9) Licensed chiropractors.
11(10) Naturopathic doctors.
12(11) Licensed professional clinical counselors.
13(m) Naturopathic doctor corporation.
14(1) Licensed physicians and surgeons.
15(2) Licensed psychologists.
16(3) Registered nurses.
17(4) Licensed physician assistants.
18(5) Licensed chiropractors.
19(6) Licensed acupuncturists.
20(7) Licensed physical therapists.
21(8) Licensed doctors of podiatric medicine.
22(9) Licensed marriage and family therapists.
23(10) Licensed clinical social workers.
24(11) Licensed optometrists.
25(12) Licensed professional clinical counselors.
26(n) Dental corporation.
27(1) Licensed physicians and surgeons.
28(2) Dental assistants.
29(3) Registered dental assistants.
30(4) Registered dental assistants in extended functions.
31(5) Registered dental hygienists.
32(6) Registered dental hygienists in extended functions.
33(7) Registered dental hygienists in alternative practice.
34(o) Professional clinical counselor corporation.
35(1) Licensed physicians and surgeons.
36(2) Licensed psychologists.
37(3) Licensed clinical social workers.
38(4) Licensed marriage and family therapists.
39(5) Registered nurses.
40(6) Licensed chiropractors.
P10 1(7) Licensed acupuncturists.
2(8) Naturopathic doctors.
3(p) Physical therapy corporation.
4(1) Licensed physicians and surgeons.
5(2) Licensed doctors of podiatric medicine.
6(3) Licensed acupuncturists.
7(4) Naturopathic doctors.
8(5) Licensed occupational therapists.
9(6) Licensed speech-language therapists.
10(7) Licensed audiologists.
11(8) Registered nurses.
12(9) Licensed psychologists.
13(10) Licensed physician assistants.
14(q) Registered dental hygienist in alternative practice
15corporation.
16(1) begin deleteDental end deletebegin insertRegistered dental end insertassistants.
17(2) Licensed dentists.
18(3) Registered dental hygienists.
19(4) Registered dental hygienists in extended functions.
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