BILL NUMBER: AB 630	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 25, 2009

   An act to add Section 1714.23 to the Civil Code, relating to
liability.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 630, as introduced, Salas. Immunity: dentistry volunteers.
   Existing law affords immunity to a health care provider from
liability for professional negligence or malpractice for an
occurrence or result solely on the basis that the occurrence or
result was caused by the natural course of a disease or condition or
was the natural or expected result of reasonable treatment rendered
for the disease or condition.
   This bill would extend similar immunity to retired dental
professionals who in good faith provide dental care on a volunteer
basis to persons who are members of dentally underserved populations,
as defined, or who live in dentally underserved areas, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1714.23 is added to the Civil Code, to read:
   1714.23.  (a) No person licensed pursuant to Chapter 4 (commencing
with Section 1600) of Division 2 of the Business and Professions
Code, who is retired from the active practice of dentistry other than
as described in this section retired, who in good faith provides
dental care on a volunteer basis to persons who are members of a
dentally underserved population or in a dentally underserved area,
shall be liable for professional negligence or malpractice for any
occurrence or result solely on the basis that the occurrence or
result was caused by the natural course of a dental disease or
condition, or was the natural or expected result of reasonable
treatment rendered for a dental disease or condition. This section
shall not be construed so as to limit liability for the failure to
inform of the risks of treatment or failure to accept treatment, or
for negligent diagnosis or treatment or the negligent failure to
diagnose or treat a dental disease or condition.
   (b) As used in this section:
   (1) "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 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.
   (2) "Dentally underserved population" means persons without dental
insurance and persons eligible for the Denti-Cal and Healthy
Families Programs who are members of population groups described as
having a shortage of dental care professionals in Part II of Appendix
B to Part 5 of Title 42 of the Code of Federal Regulations.