Bill Text: CA AB512 | 2013-2014 | Regular Session | Chaptered
Bill Title: Healing arts: licensure exemption.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-08-16 - Chaptered by Secretary of State - Chapter 111, Statutes of 2013. [AB512 Detail]
Download: California-2013-AB512-Chaptered.html
BILL NUMBER: AB 512 CHAPTERED
BILL TEXT
CHAPTER 111
FILED WITH SECRETARY OF STATE AUGUST 16, 2013
APPROVED BY GOVERNOR AUGUST 16, 2013
PASSED THE SENATE JULY 8, 2013
PASSED THE ASSEMBLY APRIL 25, 2013
INTRODUCED BY Assembly Member Rendon
FEBRUARY 20, 2013
An act to amend Section 901 of the Business and Professions Code,
relating to healing arts.
LEGISLATIVE COUNSEL'S DIGEST
AB 512, Rendon. 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.
Existing law provides, until January 1, 2014, an exemption from
the licensure and regulation requirements for a health care
practitioner, as defined, licensed or certified in good standing in
another state or states, who offers or provides health care services
for which he or she is licensed or certified through a sponsored
event, as defined, (1) to uninsured or underinsured persons, (2) on a
short-term voluntary basis, (3) in association with a sponsoring
entity that registers with the applicable healing arts board, as
defined, and provides specified information to the county health
department of the county in which the health care services will be
provided, and (4) without charge to the recipient or a 3rd party on
behalf of the recipient, as specified. Existing law also requires an
exempt health care practitioner to obtain prior authorization to
provide these services from the applicable licensing board, as
defined, and to satisfy other specified requirements, including
payment of a fee as determined by the applicable licensing board.
This bill would delete the January 1, 2014, date of repeal, and
instead allow the exemption to operate until January 1, 2018.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 901 of the Business and Professions Code is
amended to read:
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 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.
(3) "Sponsored event" means an event, 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.
(4) "Sponsoring entity" means a nonprofit organization organized
pursuant to Section 501(c)(3) of the Internal Revenue Code or a
community-based organization.
(5) "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 is
not adequate to obtain those health care services offered by the
health care practitioner under this section.
(b) 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 is exempt from the requirement for
licensure if all of the following requirements are met:
(1) Prior to providing those services, he or she does all of the
following:
(A) Obtains authorization from the board to participate in the
sponsored event after submitting to the board a copy of his or her
valid license or certificate from each state in which he or she holds
licensure or certification and a photographic identification issued
by one of the states in which he or she holds licensure or
certification. The board 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 the board
receives a request for authorization less than 20 days prior to the
date of the sponsored event, the board shall make reasonable efforts
to notify the sponsoring entity whether that request is approved or
denied prior to the date of that sponsored event.
(B) Satisfies the following requirements:
(i) The health care practitioner has not committed any act or been
convicted of a crime constituting grounds for denial of licensure or
registration under Section 480 and is in good standing in each state
in which he or she holds licensure or certification.
(ii) The health care practitioner has the appropriate education
and experience to participate in a sponsored event, as determined by
the board.
(iii) The health care practitioner shall agree to comply with all
applicable practice requirements set forth in this division and the
regulations adopted pursuant to this division.
(C) Submits to the board, on a form prescribed by the board, a
request for authorization to practice without a license, and pays a
fee, in an amount determined by the board by regulation, which shall
be available, upon appropriation, to cover the cost of developing the
authorization process and processing the request.
(2) The services are 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-calendar-day period per sponsored event.
(C) In association with a sponsoring entity that complies with
subdivision (d).
(D) Without charge to the recipient or to a third party on behalf
of the recipient.
(c) The board may deny a health care practitioner authorization to
practice without a license if the health care practitioner fails to
comply with this section or for any act that would be grounds for
denial of an application for licensure.
(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 each applicable board under this division for
which an out-of-state health care practitioner is participating in
the sponsored event by completing a registration form that shall
include all of the following:
(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.
(e) The sponsoring entity shall notify the board and the county
health department described in paragraph (2) of subdivision (d) in
writing of any change to the information required under subdivision
(d) within 30 calendar days of the change.
(f) Within 15 calendar 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.
(g) 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.
(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 be construed to authorize a health
care practitioner to render care outside the scope of practice
authorized by his or her license or certificate or this division.
(j) (1) The board may terminate authorization for a health care
practitioner to provide health care services pursuant to this section
for failure to comply with this section, any applicable practice
requirement set forth in this division, any regulations adopted
pursuant to this division, or for any act that would be grounds for
discipline if done by a licensee of that board.
(2) The board shall provide both the sponsoring entity and the
health care practitioner with a written notice of termination
including the basis for that termination. The health care
practitioner may, within 30 days after the date of the receipt of
notice of termination, file a written appeal to the board. The appeal
shall include any documentation the health care practitioner wishes
to present to the board.
(3) A health care practitioner whose authorization to provide
health care services pursuant to this section has been terminated
shall not provide health care services pursuant to this section
unless and until a subsequent request for authorization has been
approved by the board. A health care practitioner who provides health
care services in violation of this paragraph shall be deemed to be
practicing health care in violation of the applicable provisions of
this division, and be subject to any applicable administrative,
civil, or criminal fines, penalties, and other sanctions provided in
this division.
(k) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
(l) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
