California Senate Bill SB562 Amended / Bill

 BILL NUMBER: SB 562AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 18, 2013 AMENDED IN SENATE APRIL 30, 2013 INTRODUCED BY Senator Galgiani FEBRUARY 22, 2013 An act to amend Section 1657 of the Business and Professions Code, relating to dentists. LEGISLATIVE COUNSEL'S DIGEST SB 562, as amended, Galgiani. Dentists: mobile or portable dental units. Existing law, the Dental Practice Act, provides for the licensure and regulation by the Dental Board of California of those engaged in the practice of dentistry. Existing law provides that a person practices dentistry if the person, among other things, manages or conducts as manager, proprietor, conductor, lessor, or otherwise, in any place where dental operations are performed. Existing law authorizes a dentist to operate one mobile dental clinic or unit that is registered and operated in accordance with regulations adopted by the board.  Existing law also imposes specified registration requirements on a dentist who maintains additional places of practice.   Existing law exempts specified mobile units from those   requirements.  Other provisions of existing law, the Mobile Health Care Services Act, require, subject to specified exemptions, licensure by the State Department of Health Care Services to operate a mobile service unit. This bill would  eliminate the one mobile dental clinic or unit limit and would  authorize a licensed dentist to operate  one   a  mobile  dental unit  or portable dental unit, as defined,  that is  registered and operated in accordance with  those regulations.   the regulations of the board.  The bill would authorize the  board to adopt  regulations  to include   , including  , but not  be  limited to, requirements for availability of followup and emergency care, maintenance, and availability of provider and patient records, and treatment information to be provided to patients and other appropriate parties. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1657 of the Business and Professions Code is amended to read: 1657. (a) For the purposes of this section, the following definitions shall apply: (1) "Mobile dental unit" means a  self-contained  facility in which dentistry  is   will be  practiced  and  that  is routinely towed,   may be  moved,  towed,  or transported from one location to another. (2) "Portable dental unit" means  a nonfacility in which  dental equipment used in the practice of dentistry is   housed in a self-contained unit used for providing dental treatment that is routinely  transported to, and used on a temporary basis at,  an out-of-office location   a nondental office location  . (b) A  licensed dentist may operate one mobile or portable dental unit. The mobile or portable dental unit   mobile dental unit or portable de   ntal unit  shall be registered and operated in accordance with regulations established by the  board, provided these regulations are not   board. These regulations shall not be  designed to prevent or lessen competition in service areas. The regulations may include, but shall not be limited to, requirements for availability of followup and emergency care,  maintenance,   maintenance  and availability of provider and patient records, and treatment information to be provided to patients and other appropriate parties. A mobile  dental unit,  or  a  portable dental unit registered and operated in accordance with the board's regulations and that has paid the fees established by the board, including a mobile dental unit registered for the purpose specified in subdivision (e), shall otherwise be exempted from this article and Article 3.5 (commencing with Section 1658). (c) A mobile service unit, as defined in subdivision (b) of Section 1765.105 of the Health and Safety Code, and a mobile  dental  unit  or portable dental unit  operated by an entity that is exempt from licensure pursuant to subdivision (b), (c), or (h) of Section 1206 of the Health and Safety Code, are exempt from this article and Article 3.5 (commencing with Section 1658). Notwithstanding this exemption, the owner or operator of the mobile unit shall notify the board within 60 days of the date on which dental services are first delivered in the mobile unit, or the date on which the mobile unit's application pursuant to Section 1765.130 of the Health and Safety Code is approved, whichever is earlier. (d) A licensee practicing in a mobile unit described in subdivision (c) is not subject to subdivision (b) as to that mobile unit. (e) Notwithstanding Section 1625, a licensed dentist shall be permitted to operate a mobile dental unit provided by his or her property and casualty insurer as a temporary substitute site for the practice registered by him or her pursuant to Section 1650 as long as both of the following apply: (1) The licensed dentist's registered place of practice has been rendered and remains unusable due to loss or calamity. (2) The licensee's insurer registers the  mobile dental  unit with the board in compliance with subdivision (b).