BILL ANALYSIS
AB 2699
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Date of Hearing: April 20, 2010
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Mary Hayashi, Chair
AB 2699 (Bass) - As Amended: April 14, 2010
SUBJECT : Healing arts: licensure exemption.
SUMMARY : Creates a state license exemption for out-of state
licensed health care practitioners (HCPs) who provide free
services on a short term, voluntary basis. Specifically, this
bill :
1)Permits a local governmental entity to allow the provision of
health care services within its jurisdiction in accordance
with this bill.
2)Exempts licensed HCPs in good standing in another state,
district, or territory of the United States from California
HCP licensing laws if both of the following requirements are
met:
a) Prior to providing health care services, he or she
submits to the designated local agency (DLA) a valid copy
of his or her state professional license or certificate and
a photographic identification issued by the same state. A
sponsoring entity may submit copies of those documents to
the DLA on behalf of a HCP; and,
b) The care is provided under all of the following
circumstances:
i) On a short-term voluntarily basis, not to exceed a
90-day period;
ii) In association with a sponsoring entity that
complies with the following:
(1) Registers with the applicable DLA by
completing a registration form that includes the
following elements:
(a) The name of the sponsoring entity;
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(b) The name of the principal individual or
individuals who are the officers or organizational
officials responsible for the operation of the
sponsoring entity;
(c) The address of the sponsoring entity's
principal office and responsible individuals, as
specified;
(d) The telephone number for the sponsoring
entity's principal office and each principal
individual, as specified; and,
(e) Any additional information required by the
DLA.
(2) Obtains authorization from the DLA to provide
health care services.
iii) Without charge to the recipient or to a third party
on behalf of the recipient.
3)Requires the sponsoring entity to notify the DLA in writing of
any change to the information required, as specified, within
30 days.
4)Requires the sponsoring entity, within 15 days of providing
health care services, to file a report with the DLA. This
report shall contain the date, place, type, and general
description of the care provided, along with a listing of the
HCPs who participated in providing that care.
5)Requires the sponsoring entity to maintain a list of HCPs
associated with the provision of health care services
according to this bill. The sponsoring entity shall maintain
a copy of each HCP's current license or certificate and shall
require each HCP to attest in writing that his or her license
or certificate is not suspended or revoked pursuant to
disciplinary proceedings in any jurisdiction. The sponsoring
entity shall maintain these records for a period of at least 5
years following the provision of health care services under
this section and shall, upon request, furnish those records to
the DLA.
6)Permits the DLA to revoke the registration of a sponsoring
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entity that fails to comply with the specified requirements.
7)Prohibits a contract of professional liability insurance
issued, amended, or renewed on or after January 1, 2011, from
excluding coverage of a HCP or a sponsoring entity that
provides, or arranges for the provision of, health care under
this bill, provided that the practitioner or entity complies
with the requirements.
8)Requires the DLA to verify the status of licensure or
certification of each HCP and notify the sponsoring entity if
the licensure or certification cannot be verified.
9)Defines the following terms:
a) "DLA" means an office, department, agency, or other
local government entity designated to act on behalf of a
local government entity in accordance with this section;
b) "HCP" means any person who engages in acts the subject
to licensure or regulation, as specified;
c) "Local government entity" means a city, county, or city
and county having a public health officer; and,
d) "Sponsoring entity" may include, but is not limited to,
a nonprofit organization or a community-based organization.
10)Declares legislative intent.
EXISTING LAW :
1)Provides for the licensure and regulation of various healing
arts practitioners by boards within the Department of Consumer
Affairs (DCA).
2)Provides a California license exemption for a HCP licensed in
another state who offers or provides health care for which he
or she is licensed during a state of emergency, as defined,
and upon request of the Director of the Emergency Medical
Services Authority (EMSA), as specified.
FISCAL EFFECT : Unknown
COMMENTS :
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Purpose of this bill . According to the author's office,
"Thousands of low-income children, families, and individuals in
California are uninsured or underinsured and do not receive
basic health, vision, and dental care and screenings. Lack of
basic services and preventive care may lead to more serious and
costly health, dental, and vision problems. In August 2009, the
Remote Area Medical (RAM) Volunteer Corps conducted an eight-day
health event in Los Angeles County. Volunteer medical, dental
and other health care practitioners provided $2.9 million in
free services to over 14,000 individuals during the event.
While the event was extremely successful, RAM experienced a
shortage of volunteer medical, dental, and vision providers
because of restrictions in state laws which prohibit volunteer
out-of-state licensed medical personnel from providing
short-term services. As a result, thousands of residents
needing services were turned away."
Background . Under this proposal, a local government is
permitted to allow a non-profit agency or other community entity
to provide free healthcare services using out-of-state medical
personnel. Sponsoring entities using out-of-state licensed
medical personnel would be required to submit a list of health
care providers along with a copy of their current license or
certificate. Each health care provider would be required to
attest in writing that his or her license or certificate is
valid and has not been suspended or revoked pursuant to
disciplinary proceedings in any jurisdiction. The county or
municipality electing would be required to designate an entity
to verify that licenses of the volunteers are current and valid
prior to providing the services.
DCA's mission is to to serve the interests of California
consumers by ensuring a standard of professionalism in key
industries and promoting informed consumer practices. This
bill, while laudable, would bypass some of DCA's healthcare
protections by allowing individuals licensed in other states to
provide services to Californians. California currently permits
HCPs unlicensed in the state to practice, but only in declared
states of emergency, when the local HCPs are overwhelmed, and at
the request of the Director of the EMSA.
California has unique laws and regulations for health care
providers, including professional conduct rules and scopes of
practice that differ from other states. Some states license
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different healthcare providers than California. The bill's
stated intent is to provide health care services to the
uninsured and underinsured, but these individuals do not deserve
lesser quality healthcare because of their financial status.
The author may wish to consider requiring imported HCPs to abide
by California's professional conduct and scope of practice laws,
and provide for a complaint process.
REGISTERED SUPPORT / OPPOSITION :
Support
County of Los Angeles
Opposition
California Dental Association
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301