BILL ANALYSIS
AB 2699
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2699 (Bass)
As Amended August 27, 2010
Majority vote
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|ASSEMBLY: |67-3 |(June 2, 2010) |SENATE: |31-2 |(August 30, |
| | | | | |2010) |
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Original Committee Reference: B.,P. & C.P.
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.
The Senate amendments :
1)Define "HCP" as any person who engages in acts that are subject
to licensure or regulation under the laws relating to healing
arts.
2)Define a "sponsored event" as one, not to exceed 10 calendar
days, administered by either a sponsoring entity or a local
government, or both, through which health care is provided to
the public without compensation to the health care practitioner.
3)Redefine a "sponsoring entity" as a nonprofit organization
organized pursuant to Section 501(c)(3) of the Internal Revenue
Code or a community-based organization.
4)Require a HCP licensed or certified in good standing in another
state, district, or territory of the United States to:
a) Obtain authorization from the appropriate licensing board
(ALB) to participate in the sponsored event after submitting
to the ALB a copy of his or her valid license or certificate
and a photographic identification issued by each of the
states in which he or she holds licensure or certification.
ALB shall notify the sponsoring entity, within 20 calendar
days of receiving a request for authorization, whether that
request is approved or denied, provided that, if ALB receives
a request for authorization less than 20 days prior to the
date of the sponsored event, ALB shall make reasonable
efforts to notify the sponsoring entity whether that request
AB 2699
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is approved or denied prior to the date of that sponsored
event;
b) Satisfy the following requirements:
i) The HCP has not committed any act or been convicted of
a crime constituting grounds for denial of licensure or
registration, as specified;
ii) The HCP has the appropriate education and experience
to participate in a sponsored event, as determined by the
ALB; and,
iii) The HCP shall agree to comply with all applicable
practice requirements and regulations, as specified;
c) Submit to the ALB, on a form prescribed by the ALB, a
request for authorization to practice without a license, and
pays a fee, in an amount determined by the ALB by regulation,
to cover the cost of developing the authorization process and
processing the request;
5)Permit an ALB to deny a HCP authorization to practice without a
license if the health care practitioner fails to comply with the
requirements of this section or for any act that would be
grounds for denial of an application for licensure.
6)Permit an ALB to terminate authorization for a HCP to provide
health care services for failure to comply with this bill or for
any act that would be grounds for discipline if done by a
licensee of that ALB.
7)Require the ALB to provide both the sponsoring entity and the
HCP with a written notice of termination including the basis for
that termination. The HCP may, within 30 days after the date of
the receipt of notice of termination, file a written appeal to
the ALB. The appeal shall include any documentation the HCP
wishes to present to the ALB.
8)Prohibit a HCP whose authorization to provide health care
services pursuant to this bill has been terminated from
providing health care services unless and until a subsequent
request for authorization has been approved by the ALB. A HCP
who provides health care services in violation of this bill
shall be deemed to be practicing health care in violation of the
AB 2699
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applicable provisions of this division, and be subject to any
applicable administrative, civil, or criminal fines, penalties,
and other sanctions, as specified.
9)State that the provisions of this bill are severable.
10)Sunset the provisions of this bill on January 14, 2014.
11)Make technical changes.
AS PASSED BY THE ASSEMBLY , this bill created a state license
exemption for out-of state licensed HCPs who provide free services
on a short term, voluntary basis to uninsured persons.
FISCAL EFFECT : According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12 2012-13 Fund
Intermittent, temporary Unknown workload to process
requests Various
registration of out of state for authorization; potentially
offset by fees Special*
health professionals
* Contingent Fund of the Medical Board of California, State
Dentistry Fund, State Dental Hygiene Fund, Optometry Fund, Board
of Registered Nursing Fund, Vocational Nursing and Psychiatric
Technician Fund, others
COMMENTS : This bill is substantially similar to the version
approved by the Assembly.
Analysis Prepared by : Sarah Weaver / B.,P. & C.P. / (916)
319-3301
FN: 0006843