Amended in Assembly May 27, 2016

Amended in Assembly April 11, 2016

Amended in Assembly March 30, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2485

Introduced by Assembly Member Santiago

February 19, 2016

begin delete An act to repeal Article 9.5 (commencing with Section 1970) of Chapter 4 of Division 2 of the Business and Professions Code, and to amend Section 128345 of, and to add Article 7 (commencing with Section 128587) to Chapter 5 of Part 3 of Division 107 of, the Health and Safety Code, relating to dentistry. end delete begin insert An act to amend Sections 1970, 1970.5, and 1973 of, to amend and repeal Section 1976 of, and to repeal and add Sections 1971, 1972, and 1975 of, the Business and Professions Code, relating to dentistry. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2485, as amended, Santiago. Dental Corps Loan Repayment Program.

begin insert

Under the Dental Practice Act, the Dental Board of California is responsible for the licensure and regulation of dentists. Existing law establishes the Dental Corps Loan Repayment Program of 2002 to assist dentists who practice in an underserved area with loan repayment pursuant to an agreement between the board and the dentist, as specified. Existing law governs eligibility, application, selection, placement, and repayment for the program, and authorizes the board to adopt standards to implement the program relating to eligibility, placement, and termination. Existing law creates the Dentally Underserved Account within the State Dentistry Fund and moneys in the account are continuously appropriated for purposes of the program.

end insert begin insert

This bill would require that the program be known as the California Dental Corps Loan Repayment Program and would revise program provisions regarding eligibility, application, selection, placement, and repayment. The bill would establish specific grounds for termination and would authorize the board to require the repayment of loans or grants in the case of termination. Among other new program requirements, applicants would be required to sign the agreement with the board under penalty of perjury and to provide annual progress reports, signed under penalty of perjury by both the applicant and employer, thereby imposing a state-mandated local program by creating new crimes.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert begin delete

Existing law establishes the Dental Corps Loan Repayment Program of 2002 within the Dental Board of California. Existing law creates the Dentally Underserved Account within the State Dentistry Fund. The program assists dentists who practice in an underserved area with loan repayment pursuant to an agreement between the board and the dentist, as specified.

end delete begin delete

This bill would repeal those provisions and instead transfer the authority to implement the program to the Health Professions Education Foundation within the Office of Statewide Health Planning and Development and would rename the account the Dental Corps Loan Repayment Account. The bill would make funds in the account available, upon appropriation by the Legislature, for purposes of the program. The bill would require the foundation to submit a report to the Dental Board of California and the Legislature by July 1, 2018. The bill would make related findings and declarations.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert It is the intent of the Legislature that the changes
made by this act are comprehensive, and that regulations do not
need to be promulgated by the Dental Board of California to
implement the changes made by this act. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1970 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

1970.  

There is hereby established in the Dental Board of
California the Dental Corps Loan Repayment Program of 2002,
which shall become operative on January 1, 2003. This program
shall be known and may be cited as the California Dental Corps
Loan Repayment begin delete Program of 2002. end delete begin insert Program. end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 1970.5 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

1970.5.  

It is the intent of the this article that the Dental Board
of begin delete California, in consultation with the Office of Statewide Health
Planning and Development, the dental community, including ethnic
representatives, dental schools, health advocates representing ethnic
communities, primary care clinics, public hospitals and health
systems, statewide agencies administering state and federally
funded programs targeting underserved communities, and members
of the public with health care issue-area expertise shall develop
and end delete begin insert California end insert implement the California Dental Corps Loan
Repayment begin delete Program of 2002. end delete begin insert Program. end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 1971 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

1971.  

For the purposes of this article, the following terms have
the following meanings:

(a) “Board” means the Dental Board of California.

(b) “Office” means the Office of Statewide Health Planning and
Development.

(c) “Program” means the California Dental Corps Loan
Repayment Program.

(d) “Dentally underserved area” means a geographic area eligible
to be designated as having a shortage of dental professionals
pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42
of the Code of Federal Regulations or an area of the state where
unmet priority needs for dentists exist as determined by the
California Healthcare Workforce Policy Commission pursuant to
Section 128224 of the Health and Safety Code.

(e) “Dentally underserved population” means persons without
dental insurance and persons eligible for the Denti-Cal and Healthy
Families Programs who are population groups described as having
a shortage of dental care professionals in Part I of Appendix B to
Part 5 of Chapter 1 of Title 42 of the Code of Federal Regulations.

(f) “Practice setting” means either of the following:

(1) A community clinic, as defined in subdivision (a) of Section
1204 and subdivision (c) of Section 1206 of the Health and Safety
Code, a clinic owned or operated by a public hospital and health
system, or a clinic owned and operated by a hospital that maintains
the primary contract with a county government to fulfill the
county’s role pursuant to Section 17000 of the Welfare and
Institutions Code, which is located in a dentally underserved area
and at least 50 percent of whose patients are from a dentally
underserved population.

(2) A dental practice or dental corporation, as defined in Section
1800 of this code, located in a dentally underserved area and at
least 50 percent of whose patients are from a dentally underserved
population.

(g) “Medi-Cal threshold languages” means primary languages
spoken by limited-English-proficient (LEP) population groups
meeting a numeric threshold of 3,000, eligible LEP Medi-Cal
beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP
beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal
beneficiaries residing in two contiguous ZIP Codes.

(h) “Fund” means the State Dentistry Fund.

(i) “Account” means the Dentally Underserved Account which
is contained within the fund.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 1971 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 1971. end insert   

As used in this article:

(a) “Account” means the Dentally Underserved Account
established in Section 1973, which is contained within the fund.

(b) “Board” means the Dental Board of California.

(c) “Dentally underserved area” means a geographic area
eligible to be designated as having a shortage of dental
professionals pursuant to Part I of Appendix B to Part 5 of Chapter
1 of Title 42 of the Code of Federal Regulations or an area of the
state in which unmet priority needs for dentists exist as determined
by the California Healthcare Workforce Policy Commission
pursuant to Section 128224 of the Health and Safety Code.

(d) “Dentally underserved population” means persons without
dental insurance and persons eligible for Denti-Cal who are
population groups described as having a shortage of dental care
professionals in Part I of Appendix B to Part 5 of Chapter 1 of
Title 42 of the Code of Federal Regulations.

(e) “Fund” means the State Dentistry Fund.

(f) “Medi-Cal threshold languages” means primary languages
spoken by limited-English-proficient (LEP) population groups
meeting a numeric threshold of 3,000 eligible LEP Medi-Cal
beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP
beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal
beneficiaries residing in two contiguous ZIP Codes.

(g) “Office” means the Office of Statewide Health Planning
and Development.

(h) “Program” means the California Dental Corps Loan
Repayment Program.

(i) “Practice setting” means either of the following:

(1) A community clinic, as defined in subdivision (a) of Section
1204 and subdivision (c) of Section 1206 of the Health and Safety
Code, a clinic owned or operated by a public hospital and health
system, or a clinic owned and operated by a hospital that maintains
the primary contract with a county government to fulfill the
county’s role pursuant to Section 17000 of the Welfare and
Institutions Code, which is located in a dentally underserved area
and at least 50 percent of whose patients are from a dentally
underserved population.

(2) A dental practice or dental corporation, as defined in Section
1800, located in a dentally underserved area and at least 50
percent of whose patients are from a dentally underserved
population.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 1972 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

1972.  

(a) Program applicants shall possess a current valid
license to practice dentistry in this state issued by the board
pursuant to Section 1626.

(b) The board, in accordance with Section 1970.5, shall develop
the guidelines for selection and placement of applicants.

(1) Guidelines shall provide priority consideration to applicants
who are best suited to meet the cultural and linguistic needs and
demands of dentally underserved populations and that meet one
or more of the following criteria:

(A) Speak a Medi-Cal threshold language.

(B) Come from an economically disadvantaged background.

(C) Have received significant training in cultural and
linguistically appropriate service delivery.

(D) Have worked with dentally underserved communities for
at least three years.

(E) Recently received a license to practice dentistry.

(2) The guidelines shall include a process for determining the
needs for dentist services identified by the practice setting. At a
minimum, the practice setting shall meet the following criteria:

(A) The practice setting shall be located in a dentally
underserved area.

(B) The practice setting shall ensure that the program participant
serves a patient population that consists of at least 50 percent
dentally underserved populations.

(3) Guidelines shall seek to place the most qualified applicants
under this section in the areas with the greatest need.

(4) Guidelines shall include a factor ensuring geographic
distribution of placements.

(c) Program applicants shall be working in or have a signed
agreement with an eligible practice setting. The program participant
shall have full-time status. Full-time status shall be defined by the
board, and the board may establish exemptions to this requirement
on a case-by-case basis.

(d) Program participants shall commit to a minimum of three
years of service in a dentally underserved area. The board, in
accordance with Section 1970.5, shall develop the process for
determining the maximum length of an absence and the process
for reinstatement. Loan repayment shall be deferred until the dentist
is back to full-time status.

(e) The board, in accordance with Section 1970.5, shall develop
the process if a dentist is not able to complete his or her three-year
obligation.

(f) The board, in accordance with Section 1970.5, shall develop
a process for outreach to potentially eligible applicants.

(g) The board may adopt any other standards of eligibility,
placement and termination appropriate to achieve the aim of
providing competent dental services in these approved practice
settings.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 1972 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 1972. end insert   

(a) (1) A program applicant shall possess a current
valid license to practice dentistry in this state issued by the board
pursuant to Section 1626 within the five years immediately prior
to application for the program, or be currently eligible for
graduation from a predoctoral or postdoctoral dental education
program approved by the Commission on Dental Accreditation or
the board and meet all criteria for licensure, subject to successful
completion of applicable education and examination requirements.

(2) An applicant shall submit documentation detailing current
loan obligations from any government or commercial lender
obtained for purposes of financing tuition or fees at a dental school
approved by the Commission on Dental Accreditation or the board.
Documentation shall contain the applicant’s account number and
the lender’s contact information, as well as current balance owing
and monthly installment plan details, if applicable.

(3) An application shall include disclosure of any and all
obligations for which the applicant has defaulted or been subject
to a judgment lien within the last 10 years, and explanations for
each default or judgment lien disclosed.

(4) An applicant, if selected to receive a repayment grant, shall
sign an agreement with the board, under penalty of perjury, to
maintain qualified employment for 36 months continuously, and
that the qualified employment meets or will meet the minimum
requirements of the program regarding practice setting, clinical
hours worked, and population served.

(5) An applicant shall also agree to provide an annual progress
report, signed under penalty of perjury by both the applicant and
employer or employer’s designee. A progress report shall verify
the practice setting’s qualified status, clinical hours worked by
the applicant, number of patients treated, specific treatment
rendered and its value, and patient’s payer source.

(b) The board, in selecting a participant for the program, shall
give priority consideration to an applicant who is best suited to
meet the cultural and linguistic needs and demands of dentally
underserved populations by demonstrating experience in one or
more of the following areas:

(1) Speaks one or more Medi-Cal threshold languages.

(2) Comes from an economically disadvantaged background
with economic, social, or other circumstances.

(3) Has worked in a health field in an underserved area or with
an underserved population.

(4) Is a dentist specialist recognized by the American Dental
Association or has met all eligibility requirements to graduate
from a dental specialty residency program approved by the
Commission on Dental Accreditation.

(5) Has completed an extramural program or rotation during
dental school or postgraduate education in which the applicant
provided services to a population that speaks any Medi-Cal
threshold language.

(c) The practice setting shall meet one or both of the following
criteria:

(1) The practice setting shall be located in a dentally
underserved area.

(2) The practice setting shall ensure that the program
participant serves a patient population that consists of at least 50
percent dentally underserved populations.

(d) A program applicant shall be working in, or have a signed
agreement for future employment with, an eligible practice setting.
The program participant shall be employed on a full-time basis.
“Full-time basis” means 30 hours of clinical hands-on care per
week, for no less than 45 weeks per year, except as provided for
during customary holidays, personal or family illness, and vacation
time as described in a separate employment agreement between
the recipient and the practice setting. Upon 30-day notice to the
board, the board shall grant an extended leave of absence period
for serious illness, pregnancy, or other natural cause. The board
may establish other exemptions to the minimum time requirements
of this subdivision on a case-by-case basis.

(e) A program participant shall commit to a minimum of three
years of service in one or more eligible practice settings. Loan
repayment shall be deferred until the dentist is employed on a
full-time basis.

(f) The board may coordinate with local and statewide trade
and professional dental organizations, as well as educational
institutions, for outreach to potentially eligible applicants.

(g) The board may terminate the applicant’s participation in
the program for cause. Cause for termination shall include the
following:

(1) Recipient’s termination of full-time, qualified employment.

(2) Recipient’s failure to maintain his or her professional license
in good standing.

(3) Recipient’s failure to comply with any other term or
condition of this article.

(h) If the board terminates a recipient’s participation for cause
at any time during the 36-month period of the program, the board
may require the recipient to repay the total amount of loans or
grants disbursed in their name plus 10 percent interest within a
maximum period of seven years.

end insert

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 1973 of the end insert begin insert Business and Professions Code end insert begin insert is
amended to read: end insert

1973.  

(a) The Dentally Underserved Account is hereby created
in the State Dentistry Fund.

(b) The sum of three million dollars ($3,000,000) is hereby
authorized to be expended from the State Dentistry Fund on this
program. These moneys are appropriated as follows:

(1) One million dollars ($1,000,000) shall be transferred from
the begin delete State Dentistry Fund end delete begin insert fund end insert to the begin delete Dentally Underserved Account end delete
begin insert account end insert on July 1, 2003. Of this amount, sixty-five thousand dollars
($65,000) shall be used by the begin delete Dental Board of California end delete begin insert board end insert
in the 2003-04 fiscal year for operating expenses necessary to
manage this program.

(2) One million dollars ($1,000,000) shall be transferred from
the begin delete State Dentistry Fund end delete begin insert fund end insert to the begin delete Dentally Underserved Account end delete
begin insert account end insert on July 1, 2004. Of this amount, sixty-five thousand dollars
($65,000) shall be used by the begin delete Dental Board of California end delete begin insert board end insert
in the 2004-05 fiscal year for operating expenses necessary to
manage this program.

(3) One million dollars ($1,000,000) shall be transferred from
the begin delete State Dentistry Fund end delete begin insert fund end insert to the begin delete Dentally Underserved Account end delete
begin insert account end insert on July 1, 2005. Of this amount, sixty-five thousand dollars
($65,000) shall be used by the begin delete Dental Board of California end delete begin insert board end insert
in the 2005-06 fiscal year for operating expenses necessary to
manage this program.

(c) Funds placed into the begin delete Dentally Underserved Account end delete begin insert account end insert
shall be used by the board to repay the loans per agreements made
with dentists.

(1) Funds paid out for loan repayment may have a funding match
from foundation or other private sources.

(2) Loan repayments begin delete may end delete begin insert shall end insert not exceed one hundred five
thousand dollars ($105,000) per individual licensed dentist.

(3) Loan repayments begin delete may end delete begin insert shall end insert not exceed the amount of the
educational loans incurred by the dentist applicant.

(d) Notwithstanding Section 11005 of the Government Code,
the board may seek and receive matching funds from foundations
and private sources to be placed into the begin delete Dentally Underserved
Account. end delete begin insert account. end insert The board also may contract with an exempt
foundation for the receipt of matching funds to be transferred to
the begin delete Dentally Underserved Account end delete begin insert account end insert for use by this program.

(e) Funds in the begin delete Dentally Underserved Account end delete begin insert account end insert
appropriated in subdivision (b) or received pursuant to subdivision
(d) are continuously appropriated for the repayment of loans per
agreements made between the board and the dentists.

(f) On or after July 1, 2010, the board shall extend the begin delete California
Dental Corps Loan Repayment Program of 2002 end delete begin insert program end insert and
distribute the money remaining in the account until all the moneys
in the account are expended. begin delete Regulations that were adopted by the
board for the purposes of the program shall apply. end delete

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 1975 of the end insert begin insert Business and Professions Code end insert begin insert is
repealed. end insert

begin delete

1975.  

The terms of loan repayment granted under this article
shall be as follows:

(a) After a program participant has completed one year of
providing services as a dentist in a dentally underserved area, the
board shall provide up to twenty-five thousand dollars ($25,000)
for loan repayment.

(b) After a program participant has completed two consecutive
years of providing services as a dentist in a dentally underserved
area, the board shall provide up to an additional thirty-five thousand
dollars ($35,000) of loan repayment, for a total loan repayment of
up to sixty thousand dollars ($60,000).

(c) After a program participant has completed three consecutive
years of providing services as a dentist in a dentally underserved
area, the board shall provide up to a maximum of an additional
forty-five thousand dollars ($45,000) of loan repayment, for a total
loan repayment of up to one hundred five thousand dollars
($105,000).

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 1975 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 1975. end insert   

The terms of loan repayment granted under this article
shall be as follows:

(a) After a program participant has been selected by the board
to provide services as a dentist in the program, the board shall
provide thirty-five thousand dollars ($35,000) for loan repayment
annually, for three years, to reach a total of one hundred five
thousand dollars ($105,000), or the total amount of the loan,
whichever is the lesser amount.

(b) The initial disbursement of funds shall be made within 30
days from execution of a program agreement between the board
and the recipient directly from the board to the qualified lender
selected by the recipient, to be credited to the recipient’s account.

(c) Subsequent disbursements in sums equal to the initial
disbursement, but not equaling more than the total amount owed
by the recipient, shall be made within 30 days of months 13 and
25 of the recipient’s participation in the program.

end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 1976 of the end insert begin insert Business and Professions Code end insert

begin insert is amended to read: end insert

begin delete

1976.  

(a) On January 1, 2003, applications from dentists for
program participation may be submitted.

(b)

end delete

begin insert

begin insert 1976. end insert   

end insert

begin insert (a) end insert begin insert   end insert The board shall report to the Legislature, begin delete no later
than October 1, 2004, end delete begin insert during its sunset review period, end insert the
experience of the program since its inception, an evaluation of its
effectiveness in improving access to dental care for underserved
populations, and recommendations for maintaining or expanding
its operation. The report to the Legislature shall also include the
following:

(1) The number of the program participants.

(2) The practice locations.

(3) The amount expended for the program.

(4) The information on annual begin delete performance reviews end delete begin insert progress
reports end insert by begin delete practice settings and end delete program participants.

begin delete

(c)  The board may promulgate emergency regulations to
implement the program.

end delete begin insert

(b) The report to the Legislature pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

end insert begin insert

(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on January, 1, 2021.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert

begin delete

SECTION 1.  

The Legislature hereby finds and declares all of
the following:

(a) An adequate supply of dentists is critical to assuring the
health and well-being of California residents, particularly those
who live in medically underserved areas.

(b) It is in the best interest of the state and its residents that
dental services be provided throughout the state in a manner that
can be effectively accessed by the residents of all communities.

(c) The Dental Board of California has established the California
Dental Corps Loan Repayment Program of 2002 to improve access
to dental care for underserved populations.

(d) The Health Professions Education Foundation, established
in 1987, is the state’s only nonprofit foundation statutorily created
to encourage persons from underserved communities to become
health professionals and increase access to health providers in
medically underserved areas.

(e) The foundation improves access to health care in underserved
areas by providing scholarships, loan repayments, and programs
to health professional students and graduates who are dedicated
to providing direct patient care in those areas.

(f) It is the intent of the Legislature to move the California
Dental Corps Loan Repayment Program of 2002 from the Dental
Board of California to the Health Professions Education Foundation
within the Office of Statewide Health Planning and Development.

SEC. 2.  

Article 9.5 (commencing with Section 1970) of Chapter
4 of Division 2 of the Business and Professions Code is repealed.

SEC. 3.  

Section 128345 of the Health and Safety Code is
amended to read:

128345.  

The Health Professions Education Foundation may
do any of the following:

(a) Solicit and receive funds from business, industry,
foundations, and other private or public sources for the purpose
of providing financial assistance in the form of scholarships or
loans to African-American students, Native American students,
Hispanic-American students, and other students from
underrepresented groups. These funds shall be expended by the
office after transfer to the Health Professions Education Fund,
created pursuant to Section 128355.

(b) Recommend to the director the disbursement of private
sector moneys deposited in the Health Professions Education Fund
to students from underrepresented groups accepted to or enrolled
in schools of medicine, dentistry, nursing, or other health
professions in the form of loans or scholarships.

(c) Recommend to the director a standard contractual agreement
to be signed by the director and any participating student, that
would require a period of obligated professional service in the
areas in California designated by the commission as deficient in
primary care services. The agreement shall include a clause
entitling the state to recover the funds awarded plus the maximum
allowable interest for failure to begin or complete the service
obligation.

(d) Develop criteria for evaluating the likelihood that applicants
for scholarships or loans would remain to practice their profession
in designated areas deficient in primary care services.

(e) Develop application forms, which shall be disseminated to
students from underrepresented groups interested in applying for
scholarships or loans.

(f) Encourage private sector institutions, including hospitals,
community clinics, and other health agencies to identify and
provide educational experiences to students from underrepresented
groups who are potential applicants to schools of medicine,
dentistry, nursing, or other health professions.

(g) Prepare and submit an annual report to the office
documenting the amount of money solicited from the private sector,
the number of scholarships and loans awarded, the enrollment
levels of students from underrepresented groups in schools of
medicine, dentistry, nursing, and other health professions, and the
projected need for scholarships and loans in the future.

(h) Recommend to the director that a portion of the funds
solicited from the private sector be used for the administrative
requirements of the foundation.

(i) Implement the Steven M. Thompson Physician Corps Loan
Repayment Program and the Volunteer Physician Program, as
provided under Article 5 (commencing with Section 128550).

(j) Implement the California Dental Corps Loan Repayment
Program, as provided under Article 7 (commencing with Section
128587) of Chapter 5 of Part 3 of Division 107.

SEC. 4.  

Article 7 (commencing with Section 128587) is added
to Chapter 5 of Part 3 of Division 107 of the Health and Safety
Code, to read:

 

Article 7.  California Dental Corps Loan Repayment Program

 

128587.  

(a) There is hereby established the California Dental
Corps Loan Repayment Program within the Health Professions
Education Foundation within the Office of Statewide Health
Planning and Development.

(b) It is the intent of the Legislature in enacting this article that
the foundation and the office provide the ongoing program
management for the program.

128587.2.  

For purposes of this article, the following definitions
apply:

(a) “Account” means the Dentally Underserved Account, which
is contained within the fund.

(b) “Board” means the Dental Board of California.

(c) “Dentally underserved area” means a geographic area eligible
to be designated as having a shortage of dental professionals
pursuant to Part I of Appendix B to Part 5 of Chapter 1 of Title 42
of the Code of Federal Regulations or an area of the state in which
unmet priority needs for dentists exist as determined by the
California Healthcare Workforce Policy Commission pursuant to
Section 128224.

(d) “Dentally underserved population” means persons without
dental insurance and persons eligible for Denti-Cal who are
population groups described as having a shortage of dental care
professionals in Part I of Appendix B to Part 5 of Chapter 1 of
Title 42 of the Code of Federal Regulations.

(e) “Fund” means the State Dentistry Fund.

(f) “Medi-Cal threshold languages” means primary languages
spoken by limited-English-proficient (LEP) population groups
meeting a numeric threshold of 3,000, eligible LEP Medi-Cal
beneficiaries residing in a county, 1,000 Medi-Cal eligible LEP
beneficiaries residing in a single ZIP Code, or 1,500 LEP Medi-Cal
beneficiaries residing in two contiguous ZIP Codes.

(g) “Office” means the Office of Statewide Health Planning and
Development.

(h) “Program” means the California Dental Corps Loan
Repayment Program.

(i) “Practice setting” means either of the following:

(1) A community clinic, as defined in subdivision (a) of Section
1204 and subdivision (c) of Section 1206, a clinic owned or
operated by a public hospital and health system, or a clinic owned
and operated by a hospital that maintains the primary contract with
a county government to fulfill the county’s role pursuant to Section
17000 of the Welfare and Institutions Code, which is located in a
dentally underserved area.

(2) A dental practice or dental corporation, as defined in Section
1800 of the Business and Professions Code, located in a dentally
underserved area or at least 50 percent of whose patients are from
a dentally underserved population.

128587.4.  

(a) A program applicant shall possess a current
valid license to practice dentistry in this state issued by the board
pursuant to Section 1626 of the Business and Professions Code,
or be currently eligible for graduation from a pre- or postdoctoral
dental education program approved by the board or the
Commission on Dental Accreditation and meet all criteria for
licensure subject to successful completion of applicable education
and examination requirements.

(b) The foundation shall develop the guidelines for selection
and placement of applicants.

(1) The guidelines shall provide priority consideration to
applicants who are best suited to meet the cultural and linguistic
needs and demands of dentally underserved populations and who
meet one or more of the following criteria:

(A) Speak a Medi-Cal threshold language.

(B) Come from an economically disadvantaged background.

(C) Have received significant training in cultural and
linguistically appropriate service delivery.

(D) Have worked in a health field in an underserved area or
with an underserved population.

(E) Recently received a license to practice dentistry.

(F) Have received an offer for employment from a practice
setting.

(2) The guidelines shall include a process for determining the
needs for dental services identified by the practice setting. At a
minimum, the practice setting shall be located in a dentally
underserved area.

(3) The guidelines shall seek to place the most qualified
applicants under this section in the areas with the greatest need.

(c) A program applicant shall be working in, or have a signed
agreement with, an eligible practice setting. The program
participant shall be employed on a full-time basis. Full-time basis
shall be defined by the foundation, and the foundation may
establish exemptions to this requirement on a case-by-case basis.

(d) A program participant shall commit to a minimum of three
years of service in one or more practice settings. The foundation
shall develop the process for determining the maximum length of
an absence and the process for reinstatement of a participant. Loan
repayment shall be deferred until the dentist is employed on a
full-time basis.

(e) The foundation shall develop a process to use if a dentist is
not able to complete his or her three-year obligation.

(f) The foundation shall develop a process for outreach to
potentially eligible applicants.

(g) The foundation may adopt any other standards of eligibility,
placement, and termination appropriate to achieve the aim of
providing competent dental services in these approved practice
settings.

128587.6  

(a) The Dentally Underserved Account, formerly
established pursuant to subdivision (a) of Section 1973 of the
Business and Professions Code, in the State Dentistry Fund in the
Professions and Vocations Fund in the State Treasury is hereby
renamed the Dental Corps Loan Repayment Account and
established by this section in the State Dentistry Fund.

(b) (1) Funds placed in the account shall be available upon
appropriation by the Legislature.

(2) Funds in the account shall be used by the foundation to repay
the loans per agreements made with dentists.

(3) Funds paid out for loan repayment may have a funding match
from foundations or other private sources.

(4) Loan repayments shall not exceed a total of one hundred
five thousand dollars ($105,000) per individual licensed dentist.

(5) Notwithstanding Section 11005 of the Government Code,
the foundation may seek and receive funds from foundations and
private sources to be placed into the account.

128587.8.  

The terms of loan repayment granted under this
article shall be as follows:

(a) After a program participant has completed six months of
providing services on a full-time basis in a practice setting, the
foundation shall provide up to thirty-five thousand dollars
($35,000) for loan repayment.

(b) After a program participant has completed 18 consecutive
months of providing services on a full-time basis in a practice
setting, the foundation shall provide up to an additional thirty-five
thousand dollars ($35,000) of loan repayment, for a total loan
repayment of up to seventy thousand dollars ($70,000).

(c) After a program participant has completed 30 consecutive
months of providing services on a full-time basis in a practice
setting, the foundation shall provide up to a maximum of thirty-five
thousand dollars ($35,000) of loan repayment, for a total loan
repayment of up to one hundred five thousand dollars ($105,000),
but not to exceed the total outstanding amount of the loan.

128587.9.  

(a) On or before July 1, 2018, the foundation shall
submit a report to the board and the Legislature regarding the
experience of the program, an evaluation of its effectiveness in
improving access to dental care for underserved populations, and
recommendations for maintaining or expanding its operation,
including, but not limited to, all of the following:

(1) Number of program participants.

(2) Practice locations.

(3) Amount of funds expended.

(4) The information on annual performance reviews by practice
settings and program participants.

(b) The report to the Legislature pursuant to subdivision (a)
shall be submitted in compliance with Section 9795 of the
Government Code.

(c) Pursuant to Section 10231.5 of the Government Code, this
section is repealed on July 1, 2022.

end delete