Florida Senate - 2023                              CS for SB 356
       
       
        
       By the Committee on Banking and Insurance; and Senator Boyd
       
       
       
       
       
       597-02910-23                                           2023356c1
    1                        A bill to be entitled                      
    2         An act relating to the practice of dentistry; amending
    3         s. 466.003, F.S.; defining the terms “dental
    4         laboratory technician” and “digital scanning”;
    5         amending s. 466.016, F.S.; requiring dentists to
    6         provide each patient with specified information;
    7         requiring individuals and entities that provide dental
    8         services through telehealth to provide each patient
    9         with specified information regarding the dentists
   10         treating such patient; amending s. 466.018, F.S.;
   11         requiring that there be a dentist of record for each
   12         patient treated through telehealth; subjecting such
   13         dentists to certain requirements; requiring
   14         individuals and entities that provide dental services
   15         through telehealth to make specified information
   16         available to each patient before rendering such
   17         services and at any time upon patient request;
   18         providing construction; amending s. 466.019, F.S.;
   19         defining the term “advertisement”; requiring that
   20         advertisements of specified dental services provided
   21         through telehealth contain a specified disclaimer;
   22         amending s. 466.024, F.S.; specifying that only
   23         certain dental practitioners may perform specified
   24         functions of dentistry; amending s. 466.028, F.S.;
   25         providing additional grounds for disciplinary action
   26         against dental practitioners; amending s. 409.906,
   27         F.S.; conforming a cross-reference; providing an
   28         effective date.
   29          
   30  Be It Enacted by the Legislature of the State of Florida:
   31  
   32         Section 1. Present subsections (7) through (15) of section
   33  466.003, Florida Statutes, are redesignated as subsections (9)
   34  through (17), respectively, new subsections (7) and (8) are
   35  added to that section, and present subsection (15) of that
   36  section is amended, to read:
   37         466.003 Definitions.—As used in this chapter:
   38         (7)“Dental laboratory technician” means a person, other
   39  than a dental hygienist or dental assistant, who is under the
   40  direct supervision of a dentist, and pursuant to a prescription
   41  from a dentist, designs, makes, repairs, or alters artificial
   42  dental restorations for the correction of disease, loss,
   43  deformity, malposition, dislocation, fracture, or injury to the
   44  jaws, teeth, lips, gums, cheeks, palate, or associated tissues
   45  or parts.
   46         (8) “Digital scanning” means the use of digital technology
   47  that creates a computer-generated replica of the hard and soft
   48  tissue of the oral cavity using enhanced digital photography,
   49  lasers, or other optical scanning devices.
   50         (17)(15) “School-based prevention program” means preventive
   51  oral health services offered at a school by one of the entities
   52  defined in subsection (16) (14) or by a nonprofit organization
   53  that is exempt from federal income taxation under s. 501(a) of
   54  the Internal Revenue Code, and described in s. 501(c)(3) of the
   55  Internal Revenue Code.
   56         Section 2. Section 466.016, Florida Statutes, is amended to
   57  read:
   58         466.016 License to be displayed.—
   59         (1) Every practitioner of dentistry or dental hygiene
   60  within the meaning of this chapter shall post and keep
   61  conspicuously displayed her or his license in the office wherein
   62  she or he practices, in plain sight of the practitioner’s
   63  patients. Any dentist or dental hygienist who practices at more
   64  than one location must shall be required to display a copy of
   65  her or his license in each office where she or he practices.
   66         (2)Every dentist shall provide each of her or his patients
   67  with the dentist’s name, contact telephone number, after-hours
   68  contact information for emergencies, and, upon the patient’s
   69  request, license information.
   70         (3)Any individual, partnership, corporation, or other
   71  entity that provides dental services through telehealth as
   72  defined in s. 456.47 shall provide each patient with the name,
   73  contact telephone number, after-hours contact information for
   74  emergencies, and, upon the patient’s request, license
   75  information of each dentist who provides dental services to the
   76  patient through telehealth.
   77         Section 3. Subsection (6) is added to section 466.018,
   78  Florida Statutes, to read:
   79         466.018 Dentist of record; patient records.—
   80         (6) For any patient treated through telehealth as defined
   81  in s. 456.47, there must be a dentist of record who remains
   82  primarily responsible for all dental treatment on the patient
   83  regardless of whether the treatment is rendered by the dentist
   84  of record or by another dentist, dental hygienist, or dental
   85  assistant rendering such treatment in conjunction with, at the
   86  direction or request of, or under the supervision of such
   87  dentist of record. A dentist of record for a patient treated
   88  through telehealth is subject to all of the requirements of this
   89  section applicable to dentists of record.
   90         (a)Any individual, partnership, corporation, or other
   91  entity that provides dental services through telehealth shall
   92  make available the name, telephone number, practice address, and
   93  state license number for the dentist of record and any other
   94  dentist who will be involved in the provision of services to a
   95  patient before the rendering of such services and at any time
   96  requested by a patient.
   97         (b)This subsection may not be construed to assign any
   98  responsibility to a dentist of record for treatment rendered
   99  pursuant to a proper referral to another dentist who is not in
  100  the same practice with the dentist of record or to prohibit a
  101  patient from voluntarily selecting a new dentist without
  102  permission of the dentist of record.
  103         Section 4. Section 466.019, Florida Statutes, is amended to
  104  read:
  105         466.019 Advertising by dentists.—
  106         (1) As used in this section, the term “advertisement” means
  107  a representation disseminated in any manner or by any means to
  108  solicit patients and includes, but is not limited to, business
  109  cards, circulars, pamphlets, newspapers, websites, and social
  110  media.
  111         (2) The purpose of this section is to ensure that the
  112  public has access to information which provides a sufficient
  113  basis upon which to make an informed selection of dentists while
  114  also ensuring that the public is protected from false or
  115  misleading advertisements which would detract from a fair and
  116  rational selection process. The board shall adopt rules to carry
  117  out the intent of this section, the purpose of which shall be to
  118  regulate the manner of such advertising in keeping with the
  119  provisions hereof.
  120         (3)(2)An No advertisement by a licensed dentist may not
  121  shall contain any false, fraudulent, misleading, or deceptive
  122  statement or claim or any statement or claim which:
  123         (a) Contains misrepresentations of fact;
  124         (b) Is likely to mislead or deceive because in context it
  125  makes only a partial disclosure of relevant facts;
  126         (c) Contains laudatory statements about the dentist or
  127  group of dentists;
  128         (d) Is intended or is likely to create false, unjustified
  129  expectations of favorable results;
  130         (e) Relates to the quality of dental services provided as
  131  compared to other available dental services;
  132         (f) Is intended or is likely to appeal primarily to a
  133  layperson’s fears;
  134         (g) Contains fee information without a disclaimer that such
  135  is a minimum fee only; or
  136         (h) Contains other representations or implications that in
  137  reasonable probability will cause an ordinary, prudent person to
  138  misunderstand or to be deceived.
  139         (4) An advertisement of dental services provided through
  140  telehealth as defined in s. 456.47 must include a disclaimer
  141  that reads, in a clearly legible font and size, “An in-person
  142  examination with a dentist licensed under chapter 466, Florida
  143  Statutes, is recommended before beginning telehealth treatment
  144  in order to prevent injury or harm” for each of the following
  145  services, if advertised:
  146         (a) The taking of an impression or the digital scanning of
  147  the human tooth, teeth, or jaws by any means or method, directly
  148  or indirectly.
  149         (b)Furnishing, supplying, constructing, reproducing, or
  150  repairing any prosthetic denture, bridge, or appliance or any
  151  other structure designed to be worn in the human mouth.
  152         (c) Placing an appliance or a structure in the human mouth
  153  or adjusting or attempting to adjust the appliance or structure.
  154         (d) Correcting or attempting to correct malformations of
  155  teeth or jaws.
  156         (5)(3) For purposes of this section, D.D.S. or D.M.D. are
  157  synonymous and may be used interchangeably by licensed dentists
  158  who have graduated from an accredited American dental school
  159  with a D.D.S. or D.M.D. degree, when advertising dental
  160  services.
  161         Section 5. Present subsections (2) through (10) of section
  162  466.024, Florida Statutes, are redesignated as subsections (4)
  163  through (12), respectively, new subsections (2) and (3) are
  164  added to that section, and present subsections (3), (5), (6),
  165  and (8) are amended, to read:
  166         466.024 Delegation of duties; expanded functions.—
  167         (2) Only a licensed dentist, a dental hygienist under
  168  general supervision, or a dental assistant under direct
  169  supervision may take an impression of the human tooth, teeth, or
  170  jaws, directly or indirectly and by any means or method, for the
  171  purpose of the practice of dentistry.
  172         (3) Only a licensed dentist, a dental hygienist under
  173  general supervision, or a dental assistant or dental laboratory
  174  technician under direct supervision may perform digital scanning
  175  of the human tooth, teeth, or jaws, directly or indirectly and
  176  by any means or method, for the purpose of the practice of
  177  dentistry.
  178         (5)(3) For all remediable tasks listed in subsection (4)
  179  (2), the following disclaimer must be provided to the patient in
  180  writing before any procedure is performed:
  181         (a) The services being offered are not a substitute for a
  182  comprehensive dental exam by a dentist.
  183         (b) The diagnosis of caries, soft tissue disease, oral
  184  cancer, temporomandibular joint disease (TMJ), and dentofacial
  185  malocclusions will be completed only by a dentist in the context
  186  of delivering a comprehensive dental exam.
  187         (7)(5) A dental hygienist who performs, without
  188  supervision, the remediable tasks listed in subsection (4) (2)
  189  shall:
  190         (a) Provide a dental referral in strict compliance with
  191  federal and state patient referral, anti-kickback, and patient
  192  brokering laws.
  193         (b) Encourage the establishment of a dental home.
  194         (c) Maintain professional malpractice insurance coverage
  195  that has minimum limits of $100,000 per occurrence and $300,000
  196  in the aggregate through the employing health access setting or
  197  individual policy.
  198         (8)(6) Notwithstanding subsection (1) or subsection (4)
  199  (2), a dentist may delegate the tasks of gingival curettage and
  200  root planing to a dental hygienist but not to a dental
  201  assistant.
  202         (10)(8) Notwithstanding subsection (1) or subsection (4)
  203  (2), a dentist may not delegate to anyone other than another
  204  licensed dentist:
  205         (a) Any prescription of drugs or medications requiring the
  206  written order or prescription of a licensed dentist or
  207  physician.
  208         (b) Any diagnosis for treatment or treatment planning.
  209         Section 6. Present paragraph (mm) of subsection (1) of
  210  section 466.028, Florida Statutes, is redesignated as paragraph
  211  (pp), and a new paragraph (mm) and paragraphs (nn) and (oo) are
  212  added to that subsection, to read:
  213         466.028 Grounds for disciplinary action; action by the
  214  board.—
  215         (1) The following acts constitute grounds for denial of a
  216  license or disciplinary action, as specified in s. 456.072(2):
  217         (mm) Failure by the dentist of record, before the initial
  218  diagnosis and correction of a malposition of human teeth or
  219  initial use of an orthodontic appliance, to perform an in-person
  220  examination of the patient or obtain records from an in-person
  221  examination within the last 6 months and to perform a review of
  222  the patient’s most recent diagnostic digital or conventional
  223  radiographs or other equivalent bone imaging suitable for
  224  orthodontia.
  225         (nn)For dental services provided in-person or through
  226  telehealth by an individual, a partnership, a corporation, or
  227  any other entity, failing to provide each patient with the name,
  228  contact telephone number, after-hours contact information for
  229  emergencies, and, upon the patient’s request, the license
  230  information of each dentist who is providing dental services to
  231  the patient.
  232         (oo)For dental services provided through telehealth by an
  233  individual, a partnership, a corporation, or any other entity,
  234  failing to designate a dentist of record and make available,
  235  before the rendering of such services and upon the patient’s
  236  request, the name, telephone number, practice address, and state
  237  license number for the dentist of record and any other dentist
  238  who will be involved in the provision of dental services to the
  239  patient through telehealth.
  240         Section 7. Subsection (6) of section 409.906, Florida
  241  Statutes, is amended to read:
  242         409.906 Optional Medicaid services.—Subject to specific
  243  appropriations, the agency may make payments for services which
  244  are optional to the state under Title XIX of the Social Security
  245  Act and are furnished by Medicaid providers to recipients who
  246  are determined to be eligible on the dates on which the services
  247  were provided. Any optional service that is provided shall be
  248  provided only when medically necessary and in accordance with
  249  state and federal law. Optional services rendered by providers
  250  in mobile units to Medicaid recipients may be restricted or
  251  prohibited by the agency. Nothing in this section shall be
  252  construed to prevent or limit the agency from adjusting fees,
  253  reimbursement rates, lengths of stay, number of visits, or
  254  number of services, or making any other adjustments necessary to
  255  comply with the availability of moneys and any limitations or
  256  directions provided for in the General Appropriations Act or
  257  chapter 216. If necessary to safeguard the state’s systems of
  258  providing services to elderly and disabled persons and subject
  259  to the notice and review provisions of s. 216.177, the Governor
  260  may direct the Agency for Health Care Administration to amend
  261  the Medicaid state plan to delete the optional Medicaid service
  262  known as “Intermediate Care Facilities for the Developmentally
  263  Disabled.” Optional services may include:
  264         (6) CHILDREN’S DENTAL SERVICES.—The agency may pay for
  265  diagnostic, preventive, or corrective procedures, including
  266  orthodontia in severe cases, provided to a recipient under age
  267  21, by or under the supervision of a licensed dentist. The
  268  agency may also reimburse a health access setting as defined in
  269  s. 466.003 for the remediable tasks that a licensed dental
  270  hygienist is authorized to perform under s. 466.024(4) s.
  271  466.024(2). Services provided under this program include
  272  treatment of the teeth and associated structures of the oral
  273  cavity, as well as treatment of disease, injury, or impairment
  274  that may affect the oral or general health of the individual.
  275  However, Medicaid will not provide reimbursement for dental
  276  services provided in a mobile dental unit, except for a mobile
  277  dental unit:
  278         (a) Owned by, operated by, or having a contractual
  279  agreement with the Department of Health and complying with
  280  Medicaid’s county health department clinic services program
  281  specifications as a county health department clinic services
  282  provider.
  283         (b) Owned by, operated by, or having a contractual
  284  arrangement with a federally qualified health center and
  285  complying with Medicaid’s federally qualified health center
  286  specifications as a federally qualified health center provider.
  287         (c) Rendering dental services to Medicaid recipients, 21
  288  years of age and older, at nursing facilities.
  289         (d) Owned by, operated by, or having a contractual
  290  agreement with a state-approved dental educational institution.
  291         Section 8. This act shall take effect July 1, 2023.