BILL NUMBER: AB 2485 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY MAY 27, 2016
AMENDED IN ASSEMBLY APRIL 11, 2016
AMENDED IN ASSEMBLY MARCH 30, 2016
INTRODUCED BY Assembly Member Santiago
FEBRUARY 19, 2016
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. dentistry, and declaring the urgency
thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2485, as amended, Santiago. Dental Corps Loan Repayment
Program.
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.
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. and placement. The
bill would require the board to develop a process for repayment of
loans or grants disbursed if the participant is terminated from the
program or is not able to complete the required service obligation,
as provided.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: yes. State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
SEC. 2. SECTION 1. Section 1970 of
the Business and Professions Code is amended to read:
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
Program.
SEC. 3. SEC. 2. Section 1970.5 of
the Business and Professions Code is amended to read:
1970.5. It is the intent of the this article
that the Dental Board of California implement the California Dental
Corps Loan Repayment Program.
SEC. 4. SEC. 3. Section 1971 of the
Business and Professions Code is repealed.
SEC. 5. SEC. 4. Section 1971 is
added to the Business and Professions Code, to read:
1971. 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)
(g) "Program" means the California Dental Corps Loan
Repayment Program.
(i)
(h) "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 Code that is located in a
dentally underserved area and or 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
or at least 50 percent of whose patients are from a
dentally underserved population.
SEC. 6. SEC. 5. Section 1972 of the
Business and Professions Code is repealed.
SEC. 7. SEC. 6. Section 1972 is
added to the Business and Professions Code, to read:
1972. (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, 1626, 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 a completed application
provided by the board that shall include, but is not limited to,
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 once
commenced will meet the minimum requirements of the program
regarding practice setting, and clinical hours
worked, and population served. worked.
(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
or grant disbursement 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. The board shall develop a
process for a program participant's repayment of loans or grants
disbursed in the event that the participant is terminated prior to
completion of, or is otherwise unable to complete, his or her three
years of service obligation. Cause for termination
shall include includes, but is not limited to,
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.
(h) 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.
SEC. 8. SEC. 7. Section 1973 of the
Business and Professions Code is amended to read:
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
fund to the account on July 1, 2003. Of this amount, sixty-five
thousand dollars ($65,000) shall be used by the board 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
fund to the account on July 1, 2004. Of this amount, sixty-five
thousand dollars ($65,000) shall be used by the board 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
fund to the account on July 1, 2005. Of this amount, sixty-five
thousand dollars ($65,000) shall be used by the board in the 2005-06
fiscal year for operating expenses necessary to manage this program.
(c) Funds placed into the account 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 shall not exceed one hundred five thousand
dollars ($105,000) per individual licensed dentist.
(3) Loan repayments shall 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 account. The board also may
contract with an exempt foundation for the receipt of matching funds
to be transferred to the account for use by this program.
(e) Funds in the account 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 program
and distribute the money moneys
remaining in the account until all the moneys in the account are
expended.
SEC. 9. SEC. 8. Section 1975 of the
Business and Professions Code is repealed.
SEC. 10. SEC. 9. Section 1975 is
added to the Business and Professions Code, to read:
1975. 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.
SEC. 11. SEC. 10. Section 1976 of
the Business and Professions Code is amended to read:
1976. (a) The board shall report to the Legislature, during its
sunset review period, 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 progress reports by 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 January, 1, 2021.
SEC. 12. 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.
SEC. 11. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
In order to ensure that low-income communities immediately receive
the dental care they desperately lack as soon as possible by
removing barriers to available and unused special funds for dentists
who seek to serve designated underserved populations, it is necessary
that this act take effect immediately.