BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1570
                                                                  Page  1

          Date of Hearing:   August 24, 2010

              ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER  
                                     PROTECTION
                                 Mary Hayashi, Chair
                     AB 1570 (Salas) - As Amended:  July 15, 2010
           
          SUBJECT  :   Malpractice insurance: volunteer dentists.

           SUMMARY  :   Requires the Dental Board of California (DBC), in  
          conjunction with the Health Professions Education Foundation  
          (HPEF), to study the issue of the DBC providing malpractice  
          insurance to dentists who provide voluntary, unpaid services,  
          and report its findings to the Legislature by January 1, 2012.   
          Specifically,  this bill  :  

          1)Require DBC, in conjunction with the HPEF, to study the issue  
            of the DBC providing malpractice insurance to dentists who  
            provide voluntary, unpaid services, and report its findings to  
            the Legislature by January 1, 2012.  

          2)Require the report to discuss the process, cost, options, and  
            funding of administering a program to provide malpractice  
            insurance to dentists, and the options and funding for  
            providing the insurance.

          3)Authorize DBC to expend funds from the Dentally Underserved  
            Account (DUA) to fund the study. 

          4)Authorize DBC to contract with an independent entity to  
            conduct the study, which shall be reported to the Legislature  
            by January 1, 2012. 

          5)Sunset the provisions of this bill on January 1, 2016.

           EXISTING LAW  :

          1) Establishes DBC to license and regulate the practice of  
             dentistry.

          2) Establishes the California Dental Corps Loan Repayment  
             Program (dental loan repayment program) to provide loan  
             repayment for dentists who agree to practice in a dentally  
             underserved area, as specified.









                                                                  AB 1570
                                                                  Page  2

          3) Establishes the DUA in the State Dentistry Fund to  
             appropriate money for the dental loan repayment program until  
             July 1, 2012.

          4) Establishes the HPEF, administered by the Office of Statewide  
             Health Planning and Development, to solicit and receive funds  
             for the purpose of providing scholarships and loans to  
             students who agree to practice in medically underserved  
             areas.  

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           Purpose of this bill  . According to the author's office,  
          "According to a 2009 California Health Care Foundation report,  
          California has the highest number (6.6 million) of uninsured  
          individuals in the nation.  With continuing rates of  
          unemployment, there will be more uninsured individuals and  
          families who stand to benefit from obtaining services from  
          volunteer dental professionals. 

          "The recently passed federal health care reform law does not  
          include a requirement for dental insurance. As a result, there  
          will still be many people who will struggle to access dental  
          care.
          There are currently not enough volunteer dentists in our state.   
          One of the barriers for dentists may be the cost of malpractice  
          liability when volunteer dentists provide uncompensated care. 
          AB 1570 will assist in examining avenues of promoting greater  
          access to dental care."

           Background  .  This bill was substantially amended in the Senate.   
          The prior version of this bill would have required DBC to  
          administer the Volunteer Insured Dentists Program to provide  
          medical malpractice insurance coverage to volunteer dentists  
          providing uncompensated care to low-income patients.  The  
          amendments require a study determine the costs, feasibility, and  
          administration of the program.

           Related Legislation  .  AB 2334 (Salas) of 2010 is similar to the  
          introduced version of AB 1570.  This bill was held in the  
          Assembly Health Committee.

          AB 2699 (Bass) of 2010 exempts from licensure a health care  








                                                                  AB 1570
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          practitioner licensed in another state who offers or provides  
          health care services on a short-term voluntary basis, as  
          specified, and without charge to the recipient or a third party  
          on behalf of the recipient, in association with a sponsoring  
          entity that registers and provides specified information to a  
          designated local agency.  This bill was held in the Senate  
          Appropriations Committee. 
          
          SB 1031 (Corbett) of 2010 creates the Volunteer Insured  
          Physicians (VIP) Program within the MBC to provide specified  
          medical malpractice insurance coverage to physicians providing  
          voluntary, uncompensated care to patients pursuant to a contract  
          with a qualified health care entity, as defined.  This bill has  
          held in the Assembly Business, Professions and Consumer  
          Protection Committee.

           Previous Legislation  .  AB 2342 (Nakanishi), Chapter 276,  
          Statutes of 2006) required the MBC, in conjunction with HPEF, to  
          study the issue of providing medical malpractice insurance to  
          physicians who provide voluntary, unpaid services and report its  
          findings to the Legislature on or before January 1, 2008.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file. 

           Opposition 
           
          None on file.
           
          Analysis Prepared by :    Joanna Gin / B.,P. & C.P. / (916)  
          319-3301