BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON
          BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
                              Senator Jerry Hill, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 502          Hearing Date:    July 6,  
          2015
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          |Author:   |Chau                                                  |
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          |Version:  |June 29, 2015                                         |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
          |:         |                                                      |
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                              Subject:  Dental hygiene.


          SUMMARY:  Authorizes the creation of and establishes rules of governance  
          for a registered dental hygienist in alternative practice  
          (RDHAP) corporation. 

          Existing law:
          
          1)Establishes the Dental Hygiene Committee of California (DHCC)  
            within the jurisdiction of the Dental Board of California  
            (DBC) to administer laws pertaining to dental hygienists.   
            (Business and Professions Code (BPC) § 1901(a))

          2)Authorizes the DHCC to license a person as a RDHAP who  
            demonstrates satisfactory performance on an examination in  
            California law and meets either of the following requirements:

             a)   Holds a current California license as a registered  
               dental hygienist and meets the following requirements:

               i)     Has been engaged in the practice of dental hygiene  
                 as a registered dental hygienist in any setting,  
                 including, but not limited to, educational settings and  
                 public health settings, for a minimum of 2,000 hours  
                 during the immediately preceding 36 months.

               ii)    Has successfully completed a bachelor's degree or  
                 its equivalent, as specified, and a minimum of 150 hours  







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                 of additional educational requirements.

             b)   Has received a letter of acceptance into the employment  
               utilization phase of the Health Manpower Pilot Project No.  
               155 established by the Office of Statewide Health Planning  
               and Development.  (BPC § 1922)

          3)Authorizes a RDHAP to perform all functions that may be  
            performed by a registered dental assistant; dental hygiene  
            assessment and development, planning, and implementation of a  
            dental hygiene care plan; oral health education; counseling;  
            health screenings; preventive and therapeutic interventions,  
            including oral prophylaxis, scaling, and root planing; and  
            application of topical, therapeutic, and subgingival agents  
            used for the control of caries and periodontal disease in the  
            following settings:

             a)   Residences of the homebound.

             b)   Schools.

             c)   Residential facilities and other institutions.

             d)   Dental health professional shortage areas, as certified  
               by the Office of Statewide Health Planning and Development  
               in accordance with existing office guidelines.  (BPC §  
               1926) 

          4)Authorizes a RDHAP to operate a mobile dental hygiene clinic.   
            (BPC §§ 1926.1, 1926.2)

          5)Authorizes a RDHAP to bill insurance and hire other RDHAPs and  
            dental assistants.  (BPC §§ 1928, 1929)

          6)Authorizes an association, partnership, corporation, or group  
            of three or more RDHAPs to practice if it obtains a permit  
            issued by the DHCC.  (BPC § 1962)

          7)Authorizes a RDHAP to provide services to a patient without  
            obtaining written verification that the patient has been  
            examined by a dentist or physician and surgeon licensed to  
            practice in this state.  (BPC § 1931 (a)(1))

          8)Establishes the Moscone-Knox Professional Corporation Act  








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            (Moscone-Knox Act) which regulates the formation and operation  
            of professional corporations, and defines a professional  
            corporation as a corporation organized under the general  
            corporation law, as specified, or a corporation that is  
            engaged in rendering professional services in a single  
            profession.  (Corporations Code (CORP) §§ 13400 et seq.)

          9)Specifies in the Moscone-Knox Act that certain licensed  
            persons may be shareholders, officers, directors or  
            professional employees of professional corporations controlled  
            by licensed persons of a different profession so long as the  
            sum of all shares owned by those certain licensed persons does  
            not exceed 49% of the total number of shares of the  
            professional corporation, and so long as the number of those  
            certain licensed persons owning shares in the professional  
            corporation does not exceed the number of persons licensed by  
            the governmental agency regulating the designated professional  
            corporation.  (CORP § 13401.5)

          10)Specifies that the Moscone-Knox Act does not limit employment  
            by a professional corporation of only those licensed  
            professionals listed.  Any healing arts licensee may be  
            employed to render professional services by a professional  
            corporation designated, as specified.  (CORP § 13401.5)

          This bill:

          1) Authorizes a RDHAP to practice as an employee of a  
             professional corporation under the Moscone-Knox Professional  
             Corporation Act.

          2) States that a RDHAP corporation is a professional corporation  
             that is authorized to render professional services, as  
             specified, so long as that professional corporation and its  
             shareholders, officers, directors, and professional employees  
             rendering professional services are in compliance with the  
             Moscone-Knox Professional Corporation Act and other  
             applicable laws and regulations.

          3) Declares the violation of, attempt to violate, directly or  
             indirectly, assist in or abet the violation of, or conspire  
             to violate any provision or term laws and regulations  
             relating to the practice of a RDHAP to be unprofessional  
             conduct.








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          4) Prohibits a RDHAP from doing or failing to do anything that  
             would constitute unprofessional conduct, as specified.   

          5) Prohibits a shareholder who is disqualified from providing  
             professional services from deriving benefit from a RDHAP  
             corporation attributable to professional services rendered  
             while a shareholder is a disqualified person.

          6) Requires the bylaws of a RDHAP corporation to include a  
             provision whereby the capital stock owned by a disqualified  
             person or a deceased person be sold to the professional  
             corporation or to the remaining shareholders of the  
             professional corporation not later than 90 days after  
             disqualification, if the shareholder becomes a disqualified  
             person, or not later than six months after death, if the  
             shareholder becomes deceased.

          7) Requires a RDHAP to provide adequate security by insurance or  
             otherwise for claims against it by its patients arising out  
             of the rendering of professional services.

          8) Exempts a professional corporation rendering professional  
             services by persons licensed by the DHCC from any requirement  
             to obtain a certificate of registration in order to render  
             those professional services.

          9) Authorizes the creation of a RDHAP professional corporation  
             and states that a dental assistant or licensed dentist may be  
             a shareholder, officer, director, or professional employee of  
             the professional corporations so long as the sum of all  
             shares owned by those licensed persons does not exceed 49  
             percent of the total number of shares of the professional  
             corporation, and so long as the number of those licensed  
             persons owning shares in the professional corporation does  
             not exceed the number of persons licensed by the governmental  
             agency regulating the designated professional corporation. 

          10)Makes clarifying and technical amendments. 

          
          FISCAL  
          EFFECT:  This bill has been keyed "fiscal" by the Legislative  
          Counsel.  According to an analysis by the Assembly  








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          Appropriations Committee dated May 13, 2014, any costs to the  
          California Department of Insurance and the Department of Managed  
          Health Care to assess compliance with this bill's requirements  
          are expected to be minor and absorbable. 


          
          COMMENTS:
          
          1. Purpose.  This bill is sponsored by the  California Dental  
             Hygienists' Association  .  According to the Author's office,  
             "Even though BPC 1962 authorizes RDHAPs to incorporate, the  
             DHCC does not have enough regulatory and oversight authority  
             to ensure that consumers are protected from RDHAP  
             corporations.  Currently other boards, such as the Physical  
             Therapy Board of California and the Dental Board of  
             California have statutory authority to regulate and impose  
             oversight of Physical Therapy Corporations or Dental  
             Corporations.  AB 502 would provide the DHCC with the same  
             type of regulatory and oversight authority as other  
             California Boards." 

          2. RDHAP.  Dental hygienists clean teeth, examine patients for  
             signs of oral diseases such as gingivitis, and provide other  
             preventative dental care. They also educate patients on ways  
             to improve and maintain good oral health.

             An RDHAP is dental hygienist who has a baccalaureate degree,  
             completed a DBC-approved continuing education course and  
             passed a state licensure examination to practice  
             independently in underserved settings. These settings are  
             defined as Dental Health Professional Shortage Areas,  
             residences of the homebound, nursing homes, hospitals,  
             residential care facilities, and other public health  
             settings. RDHAPs may independently provide all services that,  
             as an RDH, they are licensed to provide under general  
             supervision.  RDHAPs must have a "dentist of record" on file  
             with the Dental Hygiene Committee of California to gain  
             licensure.  This documented relationship is for referral,  
             consultation, and emergency services. 

             RDHAPs can provide dental hygiene services to patients for 18  
             months without involvement of a dentist or physician.  If an  
             RDHAP continues to provide services to that patient, he or  








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             she is required to obtain written verification that the  
             patient has been examined by a dentist or physician licensed  
             to practice in the state and a prescription for further  
             services.  There are currently 508 licensed RDHAPs in  
             California.   

         3.Professional Corporations.  Although existing law appears to  
            authorize RDHAPs to incorporate, DHCC's website explicitly  
            states that they may not because they are not included in the  
            Moscone-Knox Professional Corporations Act of 1968.

            A professional corporation is an organization made up of  
            individuals of the same trade or profession.  The Moscone-Knox  
            Professional Corporations Act authorized the formation of  
            professional corporations to obtain certain benefits of the  
            corporate form of doing business, such as limited legal  
            liability.  At that time, only medical, law and dental  
            professional corporations were envisioned.  There are now 16  
            authorized healing arts professional corporations.  Current  
            law specifies which healing arts licensees may be  
            shareholders, officers, directors or professional employees of  
            professional corporations controlled by a differing profession  
            so long as the sum of all shares owned by those licensed  
            persons does not exceed 49% of the total number of shares of  
            the professional corporation.  

            This bill would authorize the creation of a RDHAP corporation  
            and would permit dental assistants and licensed dentists to be  
            shareholders, officers, directors or professional employees of  
            the professional corporation, as specified.  

          4. Prior Related Legislation.   AB 1174  (Bocanegra, Chapter 662,  
             Statutes of 2014) authorized RDHAPs to determine which  
             radiographs to perform and to place protective restorations.
             
              AB 123  , (Cohn, Chapter 549, Statutes of 2003) provided that  
             physicians and surgeons, dental assistants, registered dental  
             assistants, registered dental assistants in extended  
             functions, registered dental hygienists, registered dental  
             hygienists in extended functions, or RDHAPs may be  
             shareholders, officers, directors, or professional employees  
             of dental corporations.

              SB 853  (Perata, Chapter 31, Statutes of 2008) created the  








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             DHCC as the separate body within the DBC to oversee the  
             practice of dental hygiene.  

          5. Arguments in Support.  The sponsors of this bill, the  
              California Dental Hygienists' Association  support passage of  
             this bill because, "The [RDHAPs] have successfully provided  
             dental hygiene care in California for over 15 years.  It's  
             time to update the statute to address roadblocks to care that  
             have become apparent."  
             
             The  California Dental Association  states, "The Corporations  
             Code does not currently recognize the ability authorized in  
             the Business and Professions Code for RDHAPs to legally  
             incorporate, and AB 502 will align these two code sections,  
             providing clarity and protection for RDHAPs."

          6. Policy Consideration.  The bill currently states that a RDHAP  
             corporation must provide "adequate security" for claims.  It  
             is recommended that DHCC use its existing authority to  
             promulgate regulations further defining this term in order to  
             protect the public against financial harm. 
          

          SUPPORT AND OPPOSITION:
          
           Support:  

          California Dental Hygienists' Association (Sponsor)
          California Dental Association
          Dental Hygiene Committee of California

           Opposition:  

          None on file as of June 30, 2015. 


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