Bill Text: CA AB2699 | 2009-2010 | Regular Session | Amended

California Assembly Bill 2699 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Healing arts: licensure exemption.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-24 - Chaptered by Secretary of State - Chapter 270, Statutes of 2010. [AB2699 Detail]

Download: California-2009-AB2699-Amended.html
BILL NUMBER: AB 2699	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 12, 2010
	AMENDED IN ASSEMBLY  APRIL 26, 2010
	AMENDED IN ASSEMBLY  APRIL 14, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Bass

                        FEBRUARY 19, 2010

   An act to amend Section 900 of, and to add Section 901 to, the
Business and Professions Code, relating to healing arts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2699, as amended, Bass. Healing arts: licensure exemption.
   Existing law provides for the licensure and regulation of various
healing arts practitioners by boards within the Department of
Consumer Affairs. Existing law provides an exemption from these
requirements for a health care practitioner 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, as specified.
   This bill would also provide an exemption from the licensure and
regulation requirements for a health care practitioner, as defined,
licensed or certified in another state who offers or provides health
care services for which he or she is licensed or certified (1) to
uninsured or underinsured persons, (2)  on a short-term
voluntary basis,  (2)   (3)  in association
with a sponsoring entity that registers with  the applicable
healing arts board, as defined  , and provides specified
information to  , the designated local agency, as defined,
selected by a local government entity, as defined, and (3) 
 the county health departm   ent of the county in which
the health care services will be provided,   (4) 
without charge to the recipient or a 3rd party on behalf of the
recipient, as specified. The bill would also prohibit a contract of
 professional  liability insurance issued, amended,
or renewed on or after January 1, 2011, from excluding coverage of
these practitioners or a sponsoring entity for providing care under
these provisions.  The bill would state the intent of the
Legislature that these health care services be provided primarily to
uninsured and underinsured persons, as specified. 
   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 900 of the Business and Professions Code is
amended to read:
   900.  (a) Nothing in this division applies to a health care
practitioner licensed in another state or territory of the United
States who offers or provides health care for which he or she is
licensed, if the health care is provided only during a state of
emergency as defined in subdivision (b) of Section 8558 of the
Government Code, which emergency overwhelms the response capabilities
of California health care practitioners and only upon the request of
the Director of the Emergency Medical Services Authority.
   (b) The director shall be the medical control and shall designate
the licensure and specialty health care practitioners required for
the specific emergency and shall designate the areas to which they
may be deployed.
   (c) Health care practitioners shall provide, upon request, a valid
copy of a professional license and a photograph identification
issued by the state in which the practitioner holds licensure before
being deployed by the director.
   (d) Health care practitioners deployed pursuant to this chapter
shall provide the appropriate California licensing authority with
verification of licensure upon request.
   (e) Health care practitioners providing health care pursuant to
this chapter shall have immunity from liability for services rendered
as specified in Section 8659 of the Government Code.
   (f) For the purposes of this section, "health care practitioner"
means any person who engages in acts which are the subject of
licensure or regulation under this division or under any initiative
act referred to in this division.
   (g) For purposes of this section, "director" means the Director of
the Emergency Medical Services Authority who shall have the powers
specified in Division 2.5 (commencing with Section 1797) of the
Health and Safety Code.
  SEC. 2.  Section 901 is added to the Business and Professions Code,
to read: 
   901.  (a) For purposes of this section, the following definitions
apply:
   (1) "Board" means a healing arts board under this division or
under any initiative act referred to in this division.
   (2) "Designated local agency" means an office, department, agency,
or other entity of a local government entity designated to act on
behalf of a local government entity in accordance with this section.
   (3) "Health care practitioner" means any person who engages in
acts that are subject to licensure or regulation under this division
or under any initiative act referred to in this division.
   (4) "Local government entity" means a city, county, or city and
county having a public health officer.
   (5) "Sponsoring entity" may include, but is not limited to, a
nonprofit organization or a community-based organization.
   (b) A local government entity may, at its discretion, elect to
allow for the provision of health care services within its
jurisdiction in accordance with this section.
   (c) Nothing in this division applies to a health care practitioner
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:
   (1) Prior to providing that care, he or she submits to the
designated local agency a valid copy of his or her professional
license or certificate and a photographic identification issued by
the state in which he or she holds licensure or certification. A
sponsoring entity may submit copies of those documents to the
designated local agency on behalf of a health care practitioner.
   (2) The care is provided under all of the following circumstances:

   (A) On a short-term voluntarily basis, not to exceed a 10-day
period per sponsored event.
   (B) In association with a sponsoring entity that complies with
subdivision (d).
   (C) Without charge to the recipient or to a third party on behalf
of the recipient.
   (d) A sponsoring entity seeking to provide, or arrange for the
provision of, health care services under this section shall do both
of the following:
   (1) Register with the applicable designated local agency by
completing a registration form that shall include all of the
following elements:
   (A) The name of the sponsoring entity.
   (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, including street, city, ZIP Code, and county, of
the sponsoring entity's principal office and each individual listed
pursuant to subparagraph (B).
   (D) The telephone number for the principal office of the
sponsoring entity and each individual listed pursuant to subparagraph
(B).
   (E) Any additional information required by the designated local
agency.
   (2) Obtain authorization from the designated local agency to
provide health care services.
   (e) The sponsoring entity shall notify the designated local agency
in writing of any change to the information required under
subdivision (d) within 30 days of the change.
   (f) (1) Within 15 days of the provision of health care services
pursuant to this section, the sponsoring entity shall file a report
with the designated local agency. 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.
   (2) The sponsoring entity shall maintain a list of health care
practitioners associated with the provision of health care services
under this section. The sponsoring entity shall maintain a copy of
each health care practitioner's current license or certificate and
shall require each health care practitioner 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 section and shall, upon request, furnish those records to
the designated local agency.
   (g) The designated local agency may revoke the registration of a
sponsoring entity that fails to comply with subdivision (d), (e), or
(f).
   (h) A contract of professional liability insurance issued,
amended, or renewed in this state on or after January 1, 2011, shall
not exclude coverage of a health care practitioner or a sponsoring
entity that provides, or arranges for the provision of, health care
services under this section, provided that the practitioner or entity
complies with this section.
   (i) The designated local agency shall verify the current state
licensure or certification of each health care practitioner and shall
notify the sponsoring entity if the current licensure or
certification of a health care practitioner cannot be verified.
   (j) It is the intent of the Legislature that health care services
provided pursuant to this section be provided primarily to uninsured
or underinsured persons. "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 practitioner under this section. 
    901.   (a) For purposes of this section, the following
provisions apply:

   (1) "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 this state of the
respective health care practitioners.
   (2) "Health care practitioner" means a physician and surgeon,
osteopathic physician and surgeon, chiropractor, dentist, dental
hygienist, nurse, vocational nurse, optometrist, or physician
assistant.
   (3) "Sponsoring entity" may include, but is not limited to, a
nonprofit organization or a community-based organization.
   (4) "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 practitioner under this section.
   (b) Nothing in this division applies to a health care practitioner
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:
   (1) 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.
   (2) The care is provided under all of the following circumstances:

   (A) To uninsured or underinsured persons.
   (B) On a short-term voluntary basis, not to exceed a 10-day period
per sponsored event.
   (C) In association with a sponsoring entity that complies with
subdivision (c).
   (D) Without charge to the recipient or to a third party on behalf
of the recipient.
   (c) A sponsoring entity seeking to provide, or arrange for the
provision of, health care services under this section shall do both
of the following:
   (1) Register with the board by completing a registration form that
shall include all of the following elements:
   (A) The name of the sponsoring entity.
   (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, including street, city, ZIP Code, and county, of
the sponsoring entity's principal office and each individual listed
pursuant to subparagraph (B).
   (D) The telephone number for the principal office of the
sponsoring entity and each individual listed pursuant to subparagraph
(B).
   (E) Any additional information required by the board.
   (2) Provide the information listed in paragraph (1) 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.
   (d) The sponsoring entity shall notify the board and the county
health department described in paragraph (2) of subdivision (c) in
writing of any change to the information required under subdivision
(c) within 30 days of the change.
   (e) Within 15 days of the provision of health care services
pursuant to this section, the sponsoring entity shall 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.
   (f) The sponsoring entity shall maintain a list of health care
practitioners associated with the provision of health care services
under this section. The sponsoring entity shall maintain a copy of
each health care practitioner's current license or certification and
shall require each health care practitioner 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 section and shall, upon request, furnish those records to
the board or any county health department.
   (g) The board may revoke the registration of a sponsoring entity
that fails to comply with subdivision (e) or (f).
   (h) A contract of liability insurance issued, amended, or renewed
in this state on or after January 1, 2011, shall not exclude coverage
of a health care practitioner or a sponsoring entity that provides,
or arranges for the provision of, health care services under this
section, provided that the practitioner or entity complies with this
section.
   (i) Subdivision (b) shall not apply to a health care practitioner
who renders care outside the scope of practice authorized by his or
her license or certificate.