BILL ANALYSIS                                                                                                                                                                                                    Ó



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

          Bill No:            AB 880          Hearing Date:    June 29,  
          2015
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          |Author:   |Ridley-Thomas                                         |
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          |Version:  |June 22, 2015    Amended                              |
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          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sarah Huchel                                          |
          |:         |                                                      |
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                     Subject:  Dentistry: licensure: exemption.


          SUMMARY:  Authorizes final year dental students to practice dentistry at  
          free sponsored events under supervision and under specified  
          conditions.  

          Existing law:
          
          1)Establishes the Dental Practice Act (Act), administered by the  
            Dental Board of California (DBC), which is under the  
            Department of Consumer Affairs (DCA), to license and regulate  
            the practice of dentistry.  (Business and Professions Code  
            (BPC) §§ 1600 et seq.) 

          2)Prohibits the practice of dentistry unless a person has a  
            valid and unexpired license or special permit from the Board.   
            (BPC § 1626)

          3)Exempts from that prohibition, operations in dental schools of  
            bona fide students of dentistry or dental hygiene in the  
            school's clinical departments or laboratories or in a dental  
            extension program if approved by the Board.  (BPC § 1626(b))

          4)Provides for the licensure and regulation of clinics by the  
            State Department of Public Health, including primary care  
            clinics, which include community clinics and free clinics.   
            (Health and Safety Code (HSC) §§ 1200 et seq.) 








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          5)Defines a "free clinic" as a clinic operated by a tax-exempt,  
            nonprofit corporation supported in whole or in part by  
            voluntary donations, gifts, grants, government funds or  
            contributions, and where there are no charges directly to the  
            patient for services rendered, as specified.  (HSC § 1204(a))

          6)Exempts specified health care practitioners from California  
            licensure who are licensed or certified in other states and  
            who provide health care services on a voluntary basis to  
            uninsured or underinsured persons in California until January  
            1, 2018, as specified.  (BPC § 901) 

          This bill:

          1)Exempts final year dental students from provisions of law  
            prohibiting the practice of dentistry without a license for  
            students who volunteer at a sponsored event under the  
            supervision of dental school faculty.

          2)Specifies that the exemptions only include those operations  
            approved by the DBC that are rendered or performed under the  
            same conditions as operations in a student's dental program.

          3)Defines the following terms:

             a)   "Final year student" means a student of dentistry in his  
               or her final year of completion at a dental school approved  
               by the DBC.  "Final year student" also includes a dental  
               student enrolled in an advanced program.

             b)   "Licensed dentist" means a dentist licensed by the DBC.

             c)   "Sponsored event" means an event, not to exceed 10  
               calendar days, administered by a sponsoring entity or a  
               local governmental entity, or both, through which health  
               care is provided to the public without compensation, or  
               expectation of compensation.

             d)   "Sponsoring entity" means a nonprofit organization  
               pursuant to Section 501(c)(3) of the Internal Revenue Code,  
               or a community-based organization.

          4)Requires the volunteer practice of dentistry by students to  
            comply with all of the following requirements:








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             a)   Each patient shall be sufficiently informed that a  
               dental student may be providing some of the treatment that  
               he or she will be receiving.

             b)   Any information provided to the patient to give informed  
               consent shall offer the patient the option to decline to be  
               treated by the student.

             c)   The volunteer practice of a student shall be supervised  
               by faculty from the dental school in which the student is  
               enrolled.

             d)   Each volunteer student shall wear an identification  
               badge that clearly identifies the student as a dental  
               student. The identification badge shall display the  
               student's name, the name of the student's dental school,  
               and the name and the telephone number of the DBC.  That  
               information shall be displayed in 14-point font, at  
               minimum.

             e)   Requires that supervision ratios and student oversight  
               be at least as stringent as required to meet the standards  
               of the Commission on Dental Accreditation at each school's  
               clinical department, laboratory, or dental extension  
               program.

             f)   Requires that supervision ratios be appropriate for the  
               procedure being performed by the student.

             g)   Requires the student to perform only those procedures in  
               which he or she is credentialed or those procedures he or  
               she is permitted to perform in the school's clinical  
               department, laboratory, or dental extension program.

          5)Requires the administering entity of the sponsored event to  
            provide the DBC with a list of the names of the volunteer  
            students, the name of the school of enrollment of those  
            students, and the name and license number of the supervising  
            licensed dentist.

          
          FISCAL  
          EFFECT:  This bill is keyed "fiscal" by Legislative Counsel.   








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          According to the Assembly Appropriations Committee analysis  
          dated May 6, 2015, any costs to the DBC caused by this bill are  
          minor and absorbable.

          COMMENTS:
          
          1.Purpose.  This bill is sponsored by the  California Association  
            of Oral and Maxillofacial Surgeons  .  According to the Author's  
            office, "Regular dental care is extremely important to  
            everyone's overall health.  However in the underserved  
            communities in California, access to regular dental care is  
            almost non-existent.

            "Since the Medi-Cal and Denti-Cal programs are underutilized,  
            free healthcare and dental clinics are an essential source of  
            dental care for the many members of those same communities.   
            Since existing law already allows dental students to treat  
            patients in clinics on the dental school campuses under  
            supervision, it would follow that these same students should  
            be allowed to treat similar patients, under supervision, in  
            the free health fairs. It is very important to maintain a pool  
            of willing volunteer providers both in the licensed  
            professional community and in the dental schools to provide  
            dental care in underserved communities."    

          2.Access to Dental Dare and Denti-Cal.  According to a 2012  
            report by the California Dental Association (CDA), an  
            estimated 11 million of California's 38 million people lack  
            any form of dental benefits.  For those 7 million who qualify  
            for dental services through Medi-Cal, that coverage does not  
            necessarily translate into access; the California State  
            Auditor reported in December 2014 that over half the children  
            in Denti-Cal (Medi-Cal's dental program) do not get regular  
            services.  The auditor determined that this was primarily due  
            to the lack of providers deterred by low reimbursement rates.   


          3.Free Dental Health Care Events.  In addition to the lack of  
            participating providers in Denti-Cal, CDA also reports that  
            there is a misdistribution of the current supply; California  
            has over 200 dental professional shortage areas; areas where  
            the ratio of dentists to the population is so low that the  
            state considers the area underserved. 









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            Several not-for-profit entities have entered the market to  
            provide free or low-cost healthcare to underserved  
            individuals:  CDA Cares, California CareForce, Remote Area  
            Medical, and Care Harbor are a few of the major providers in  
            this space that offer dental care (and/or other medical care,  
            depending on the event) to the underserved population.  These  
            entities primarily rely on volunteers to provide services,  
            frequently in a temporary medical space set up in a convention  
            hall, fairground, or other public space.  These volunteers are  
            subject to professional regulation and are held to the same  
            standard of care as in a traditional setting. 

            This bill would increase the potential pool of volunteers by  
            allowing final year dental students to provide services at  
            free sponsored healthcare events under supervision.  

          4.Previous Legislation.   AB 2699  (Bass) Chapter 270, Statutes of  
            2010, exempts specified health care practitioners from  
            California licensure who are licensed or certified in other  
            states and who provide health care services on a voluntary  
            basis to uninsured or underinsured persons in California until  
            January 1, 2014, as specified.

             AB 512  (Rendon) Chapter 111, Statutes of 2013, extended the  
            sunset date on 
            AB 2699 (above) until 2018.  

          5.Arguments in Support.  The  Oral and Facial Surgeons of  
            California  write, "[We are] sponsoring this legislation in  
            order to enhance the pool of volunteer providers at the much  
            needed free healthcare clinics in California's many  
            underserved communities.  In addition, by allowing final year  
            students to treat patients under the supervision of licensed  
            dentists, these students will be getting real life healthcare  
            treatment exposure in the EXACT same way that they are  
            currently allowed to practice in on-campus clinics in the  
            California dental schools."

            The  University of the Pacific, Arthur A. Dugoni School of  
            Dentistry  writes, "Currently the six approved dental schools  
            in California offer clinics on campus that allow dental  
            students to treat patients who qualify for Medi-Cal or  
            Denti-Cal at reduced fees.  Free clinics and health fairs  
            offer dental care to the most severely underserved  








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            communities.  The ability to draw volunteers (both faculty and  
            students) from schools ensures that the pool of providers will  
            not evaporate and that they will be fresh and eager to serve  
            the community."

          6.Recommended Technical Amendment.  The following amendment is  
            recommended to align terms within this bill. 
            
            On page 3, line 24, delete "administering" and add  
            "sponsoring"

          
          SUPPORT AND OPPOSITION:
          
           Support:  
          
          Oral and Facial Surgeons of California (Sponsor)
          California CareForce
          Dental Hygiene Committee of California
          Loma Linda University School of Dentistry
          University of California, Los Angeles School of Dentistry
          University of California, San Francisco School of Dentistry
          University of the Pacific, Arthur A. Dugoni School of Dentistry
          University of Southern California
          Western University of Health Sciences College of Dental Medicine

           Opposition:  None on file as of June 23, 2015. 

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