BILL ANALYSIS �
SB 562
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Date of Hearing: June 25, 2013
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Richard S. Gordon, Chair
SB 562 (Galgiani) - As Amended: June 18, 2013
SENATE VOTE : 32-0
SUBJECT : Dentists: mobile or portable dental units.
SUMMARY : Establishes a framework for "portable dental units"
to be regulated by the Dental Board of California (DBC) and
deletes restrictions limiting dentists to operating only one
mobile dental clinic. Specifically, this bill :
1)Requires a portable dental unit to be registered and operated
in accordance with regulations to be established by DBC, and
prohibits the regulations from preventing or lessening
competition in service areas.
2)Deletes the restriction on a licensed dentist operating only
one mobile dental clinic or unit registered as a dental office
or facility.
3)Permits the regulations to include, but not be limited to,
requirements for availability of follow-up and emergency care,
maintenance and availability of provider and patient records,
and treatment information to be provided to patients and other
appropriate parties.
4)Exempts portable dental units from requirements related to
additional offices, clinics operated by federal entities,
federally recognized Indian tribes or tribal organizations,
intermittent clinics, and mobile service units, as specified.
5) Defines the following terms:
a) "Mobile dental unit" means a self-contained facility in
which dentistry will be practiced that may be moved, towed,
or transported from one location to another; and,
b) "Portable dental unit" means dental equipment housed in
a self-contained unit used for providing dental treatment
which is routinely is transported to, and used on a
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temporary basis at, a non-dental office location.
6)Makes other technical or clarifying changes.
EXISTING LAW :
1)Authorizes the DBC to license and regulate those engaged in
the practice of dentistry. (Business and Professions Code
(BPC) Section 1601.1)
2)Authorizes a dentist to operate a mobile dental clinic or unit
that is registered according to regulations adopted by the
DBC. (BPC 1657)
3)Specifies the following requirements for a mobile dental
clinic:
a) There is a written procedure for emergency follow-up
care for patients treated in the mobile dental clinic and
that such procedure includes arrangements for treatment in
a dental facility which is permanently established in the
area;
b) The mobile dental clinic has communication facilities
which will enable the operator thereof to contact necessary
parties in the event of a medical or dental emergency;
c) The mobile dental clinic conforms to all applicable
federal, state and local laws, regulations and ordinances
dealing with radiographic equipment, flammability,
construction, sanitation and zoning, and the applicant
possesses all applicable county and city licenses or
permits to operate the unit;
d) The driver of the unit possesses a valid California
driver's license;
e) Each mobile dental clinic shall have ready access to a
ramp or lift if services are provided to disabled persons;
and,
f) Have ready access to toilet facilities. (16 California
Code of Regulations Section 1049(c))
4)Defines a "mobile service unit" or "mobile unit" as a special
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purpose commercial coach or a commercial coach that meets any
of the following criteria:
a) Is approved by the Department of Public Health (DPH) as
a service of a licensed health facility;
b) Is licensed by the DPH as a clinic; or,
c) Is licensed as an "other" type of approved mobile unit
by DPH.
5)States that a "mobile service unit" or "mobile unit" does not
mean a modular, relocatable or transportable unit that is
designed to be placed on a foundation when it reaches its
destination. (HSC 1765.105)
6)Requires the following for a mobile service unit:
a) The mobile unit shall be of sufficient size and shall be
arranged in a manner that is appropriate for the provision
of those health care services that it is licensed to
provide;
b) The mobile unit shall be equipped with appropriate
utilities for the comfort and safety of patients, and the
Office of Statewide Health Planning and Development shall
review and approve hospital-provided utility connections
for mobile units that require utility hookups with general
acute care hospitals;
c) The mobile unit shall be maintained in good repair and
in a clean and sanitary manner;
d) All proposed modifications to previously approved
services and procedures shall be reviewed and approved by
DPH before they are implemented; and,
e) Modifications to the mobile service unit shall be
approved by the Department of Housing and Community
Development. (HSC 1765.150)
7)Requires a licensee using mobile services to maintain written
transfer agreements that shall include, but shall not be
limited to, provisions for communication with, and
transportation to, one or more nearby hospitals and other
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health facilities as needed to meet medical emergencies. (HSC
1765.160 (c))
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill updates current law to
provide for the regulation of portable dental units, which are
collapsible, suitcase-sized dental practice sites. This bill
is sponsored by the California Dental Association.
2)Author's statement . According to the author, "[Current law]
provides authority for the Dental Board of California to
regulate 'mobile dental units,' but did not envision the use
of portable equipment, as the statutory language does not
appear flexible enough to provide the same authority over
'portable dental units.' As Californians rely on the Dental
Board of California to ensure proper consumer protections
through regulations - regardless of the location or manner in
which those services are provided - it is imperative to update
the statute to extend the board's authority over all manner of
current practice."
3)Nontraditional dental practice settings . California regulates
the practice of dentistry in many settings beyond the
traditional brick-and-mortar office:
a) Mobile service unit . A mobile service unit is basically
a primary clinic on wheels, typically in a specialized
commercial coach. These units are approved by the
Department of Public Health and may provide dental
services, in addition to other procedures, but are not
regulated by DBC.
b) Mobile dental clinic . A mobile dental clinic, or mobile
dental unit, is a commercial coach, trailer, van, or other
self-contained unit that may appear similar to a mobile
service unit, but only provides dental services. A mobile
dental clinic is regulated by DBC, and may be operated by a
dentist after receiving a permit from DBC and proving that
the unit complies with existing health and safety
regulations.
c) Portable dental unit . A portable dental unit consists
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of portable dental chair and suitcase-like container
housing a collection of dental tools which may be set up to
enable a dental professional to perform dental services at
various field sites. This bill allows DBC to regulate
these units in the same manner as mobile dental clinics.
4)Operation of multiple mobile and portable dental units . This
bill also deletes the restriction on dentists operating only
one mobile dental unit at a time. This restriction is no
longer relevant, as dentists are permitted to have multiple
traditional dental offices, and a dentist is required to
register each mobile unit with the board and follow all
relevant laws and regulations.
According to the sponsor, "Lifting the numerical restriction
will encourage access to care by allowing dentists to cover
multiple sites with multiple mobile and/or portable units,
either themselves or through general supervision of dental
hygienists."
5)Previous legislation . SB 1202 (Leno), Chapter 331, Statutes
of 2011, authorized a registered dental hygienist in
alternative practice to operate a mobile dental hygiene clinic
under certain circumstances.
AB 2390 (Reyes), Chapter 347, Statutes of 2003, exempted
certain mobile service units from the provisions of the Dental
Practice Act that regulate mobile dental clinics, or units and
additional places of practice, among other provisions.
REGISTERED SUPPORT / OPPOSITION :
Support
California Dental Association (sponsor)
California Academy of Physician Assistants
California Primary Care Association
The Children's Partnership
Opposition
None on file.
Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916)
SB 562
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319-3301