BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2699
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          ASSEMBLY THIRD READING
          AB 2699 (Bass)
          As Amended  May 12, 2010
          Majority vote 

           BUSINESS & PROFESSIONS  11-0    APPROPRIATIONS      16-0        
           
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          |Ayes:|Hayashi, Emmerson,        |Ayes:|Fuentes, Conway, Hill,    |
          |     |Conway, Eng, Hernandez,   |     |Bradford, Charles         |
          |     |Hill, Ma, Nava, Niello,   |     |Calderon, Coto, Davis,    |
          |     |Ruskin, Smyth             |     |Hall, Harkey, Miller,     |
          |     |                          |     |Nielsen, Norby, Skinner,  |
          |     |                          |     |Solorio, Torlakson,       |
          |     |                          |     |Torrico                   |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           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 to uninsured persons.   
          Specifically,  this bill  :  

          1)Exempts from California professional licensing laws a HCP  
            licensed or certified in good standing in another state,  
            district, or territory of the United States who offers or  
            provides health care services for which he or she is licensed  
            or certified if both of the following requirements are met:

             a)   Prior to providing that care, he or she submits to the  
               board a valid copy of his or her license or certificate and  
               a photographic identification issued by the state in which  
               he or she holds licensure or certification; and,

             b)   The care is provided under all of the following  
               circumstances:

               i)     To uninsured or underinsured persons;

               ii)    On a short-term voluntary basis, not to exceed a  
                 10-day period per sponsored event;

               iii)   In association with a sponsoring entity (SE) that  
                 complies with specified requirements; and,









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               iv)    Without charge to the recipient or to a third party  
                 on behalf of the recipient.

          2)Requires a SE seeking to provide, or arrange for the provision  
            of, health care services under this section shall do both of  
            the following:

             a)   Register with the board by completing a registration  
               form that shall include all of the following elements:

               i)     The name of the sponsoring entity;

               ii)    The name of the principal individual or individuals  
                 who are the officers or organizational officials  
                 responsible for the operation of the sponsoring entity;

               iii)   The address, including street, city, ZIP Code, and  
                 county, of the SE's principal office and principal  
                 individuals, as specified;

               iv)    The telephone number for the principal office of the  
                 sponsoring entity and each individual, as specified; and,

               v)     Any additional information required by the board.

             b)   Provide specified information to the county health  
               department of the county in which the health care services  
               will be provided, along with any additional information  
               that may be required by that department.

          3)Requires the SE to notify the board and the county health  
            department in writing of any change to the information  
            required within 30 days of the change.

          4)Requires the SE, within 15 days of the provision of health  
            care services, to file a report with the board and the county  
            health department of the county in which the health care  
            services were provided. This report shall contain the date,  
            place, type, and general description of the care provided,  
            along with a listing of the health care practitioners who  
            participated in providing that care.

          5)Requires the SE to maintain a list of HCPs associated with the  
            provision of health care services under this bill. The SE  








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            shall maintain a copy of each HCP's current license or  
            certification 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 five years following the  
            provision of health care services under this bill and shall,  
            upon request, furnish those records to the board or any county  
            health department.

          6)Permits the board to revoke the registration of a SE that  
            fails to comply with the requirements of this bill.

          7)Prohibits a contract of liability insurance issued, amended,  
            or renewed in California on or after January 1, 2011, from  
            excluding coverage of a HCP or a SE that provides, or arranges  
            for the provision of, health care services under this bill,  
            provided that the practitioner or entity complies with the  
            requirements.

          8)Requires a HCP to render care within the scope of practice  
            authorized by his or her license or certificate.

          9)Defines the following terms:

             a)   "Board" means the applicable healing arts board, under  
               this division or an initiative act referred to in this  
               division, responsible for the licensure or regulation in  
               California of the respective health care practitioners;

             b)   "HCP" means a physician and surgeon, osteopathic  
               physician and surgeon, chiropractor, dentist, dental  
               hygienist, nurse, vocational nurse, optometrist, or  
               physician assistant;

             c)   "SE" may include, but is not limited to, a nonprofit  
               organization or a community-based organization; and,

             d)   "Uninsured or underinsured person" means a person who  
               does not have health care coverage, including private  
               coverage or coverage through a program funded in whole or  
               in part by a governmental entity, or a person who has  
               health care coverage, but the coverage does not extend to  
               the health care services offered by the health care  








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               practitioner under this section.

           FISCAL EFFECT  :   According to the Assembly Appropriations  
          Committee analysis, unknown, likely absorbable workload to  
          healing arts fee-supported professional boards to account for  
          intermittent temporary licensure of various health  
          professionals.  

           COMMENTS  :  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."

           
          Analysis Prepared by  :    Sarah Weaver / B.,P. & C.P. / (916)  
          319-3301 

                                                                FN: 0004405