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House Bill 1593

Florida House of Representatives - 1997 HB 1593 By Representatives Thrasher, Morroni, Culp, Wise, Brooks, Jacobs, Bitner, Bradley, Stafford, Fasano, Horan, Kelly, Gay, Trovillion, Brennan, Chestnut, D. Prewitt, Stabins and Sublette 1 A bill to be entitled 2 An act relating to dentistry; amending s. 3 466.001, F.S.; revising purpose and providing 4 additional legislative intent; amending s. 5 466.003, F.S.; expanding the definition of 6 "dentistry"; amending s. 466.026, F.S.; 7 declaring the practice of dentistry without a 8 license issued pursuant to chapter 466, F.S., 9 to be a public nuisance; providing for 10 injunctive relief; amending s. 466.028, F.S.; 11 revising and providing grounds for disciplinary 12 action; providing penalties; amending s. 13 466.0285, F.S.; expanding provisions relating 14 to proprietorship by nondentists, including 15 applicability thereof to certain entities; 16 providing penalties; providing that contracts 17 and arrangements entered into or undertaken in 18 violation of the section are void; providing an 19 effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 466.001, Florida Statutes, is 24 amended to read: 25 466.001 Legislative purpose and intent.--The 26 legislative purpose for enacting this chapter is to ensure 27 that every dentist or dental hygienist practicing in this 28 state meets minimum requirements for safe practice without 29 undue clinical interference by persons not licensed under this 30 chapter. It is the legislative intent that dental services be 31 provided only in accordance with the provisions of this 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 chapter and not be delegated to unauthorized individuals. It 2 is the further legislative intent that dentists and dental 3 hygienists who fall below minimum competency or who otherwise 4 present a danger to the public shall be prohibited from 5 practicing in this state. All provisions of this chapter 6 relating to the practice of dentistry and dental hygiene shall 7 be liberally construed to carry out such this purpose and 8 intent. 9 Section 2. Subsection (3) of section 466.003, Florida 10 Statutes, is amended to read: 11 466.003 Definitions.--As used in this chapter: 12 (3) "Dentistry" means the healing art which is 13 concerned with the examination, diagnosis, treatment planning, 14 and care of conditions within the human oral cavity and its 15 adjacent tissues and structures. It includes the performance 16 or attempted performance of any dental operation, or oral or 17 oral-maxillofacial surgery and any procedures adjunct thereto, 18 including physical evaluation directly related to such 19 operation or surgery pursuant to hospital rules and 20 regulations. It also includes dental service of any kind 21 gratuitously or for any remuneration paid, or to be paid, 22 directly or indirectly, to any person or agency. The term 23 "dentistry" shall also include the following: 24 (a) The taking of an impression of the human tooth, 25 teeth, or jaws directly or indirectly and by any means or 26 method.; 27 (b) Supplying artificial substitutes for the natural 28 teeth or furnishing, supplying, constructing, reproducing, or 29 repairing any prosthetic denture, bridge, appliance, or any 30 other structure designed to be worn in the human mouth except 31 on the written work order of a duly licensed dentist.; 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 (c) The placing of an appliance or structure in the 2 human mouth or the adjusting or attempting to adjust the 3 same.; 4 (d) Delivering the same to any person other than the 5 dentist upon whose work order the work was performed.; 6 (e) Professing to the public by any method to furnish, 7 supply, construct, reproduce, or repair any prosthetic 8 denture, bridge, appliance, or other structure designed to be 9 worn in the human mouth.; 10 (f) Diagnosing, prescribing, or treating or professing 11 to diagnose, prescribe, or treat disease, pain, deformity, 12 deficiency, injury, or physical condition of the human teeth 13 or jaws or oral-maxillofacial region.; 14 (g) Extracting or attempting to extract human teeth.; 15 (h) Correcting or attempting to correct malformations 16 of teeth or of jaws.; and 17 (i) Repairing or attempting to repair cavities in the 18 human teeth. 19 (j) Directing, controlling, or interfering with a 20 dentist's clinical judgment. 21 Section 3. Subsection (3) is added to section 466.026, 22 Florida Statutes, to read: 23 466.026 Prohibitions; penalties; injunctive relief.-- 24 (3) It is hereby declared to be a public nuisance for 25 any person or entity to practice dentistry without a license 26 issued pursuant to this chapter. Any person or entity 27 residing in a county in which such nuisance occurs may file an 28 action in the circuit court to enjoin an unlicensed person or 29 entity from practicing dentistry. 30 31 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 Section 4. Paragraphs (h), (r), and (z) of subsection 2 (1) of section 466.028, Florida Statutes, are amended, and 3 paragraph (kk) is added to said subsection, to read: 4 466.028 Grounds for disciplinary action; action by the 5 board.-- 6 (1) The following acts shall constitute grounds for 7 which the disciplinary actions specified in subsection (2) may 8 be taken: 9 (h) Being employed by any corporation, organization, 10 group, or person other than a dentist or a professional 11 corporation or limited liability company association composed 12 of dentists.; however, A dentist may be retained as an 13 independent contractor employed by a corporation, managed care 14 organization, or group for purposes of providing services to 15 the employees and members of such corporation, managed care 16 organization, or group and to members of their immediate 17 families, provided the dentist does not delegate the 18 responsibility for rendering clinical judgment to a person who 19 is not licensed pursuant to this chapter. and A corporation 20 may also retain employ a dental hygienist if it has retained 21 employed a dentist to provide supervision pursuant to this 22 chapter. 23 (r) Prescribing, procuring, ordering, dispensing, 24 administering, supplying, selling, or giving any drug which is 25 a Schedule II an amphetamine or a Schedule II sympathomimetic 26 amine drug or a compound thereof designated as a Schedule II 27 controlled substance, pursuant to chapter 893, to or for any 28 person except for the clinical investigation of the effects of 29 such drugs or compounds when an investigative protocol 30 therefor is submitted to, and reviewed and approved by, the 31 board before such investigation is begun. 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 (z) Delegating professional responsibilities, 2 including the exercise of clinical judgment, to a person who 3 is not qualified by training, experience, or licensure to 4 perform them. 5 (kk) Allowing any person other than another dentist or 6 a professional corporation or limited liability company 7 composed of dentists to direct, control, or interfere with a 8 dentist's clinical judgment; however, this paragraph may not 9 be construed to limit a patient's right of informed consent. 10 Section 5. Section 466.0285, Florida Statutes, is 11 amended to read: 12 466.0285 Proprietorship by nondentists.-- 13 (1) No person other than a dentist licensed pursuant 14 to this chapter, nor any entity other than a professional 15 corporation or limited liability company composed of dentists, 16 may: 17 (a) Employ a dentist or dental hygienist in the 18 operation of a dental office. 19 (b) Control the use of any dental equipment or 20 material while such equipment or material is being used for 21 the provision of dental services, whether those services are 22 provided by a dentist, a dental hygienist, or a dental 23 assistant. 24 (c) Direct, control, or interfere with a dentist's 25 clinical judgment. 26 27 Any lease agreement, rental agreement, or other arrangement 28 between a nondentist and a dentist whereby the nondentist 29 provides the dentist with dental equipment or dental materials 30 shall contain a provision whereby the dentist expressly 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 maintains complete care, custody, and control of the equipment 2 or practice. 3 (2) The purpose of this section is to prevent a 4 nondentist from influencing or otherwise interfering with the 5 exercise of a dentist's independent professional judgment. In 6 addition to the acts specified in subsection (1), no person 7 who is not a dentist licensed pursuant to this chapter nor any 8 entity that is not a professional corporation or limited 9 liability company composed of dentists shall enter into a 10 relationship with a licensee pursuant to which such unlicensed 11 person or such entity exercises control over the following: 12 (a) The selection of a course of treatment for a 13 patient, the procedures or materials to be used as part of 14 such course of treatment, and the manner in which such course 15 of treatment is carried out by the licensee; 16 (b) The patient records of a dentist; 17 (c) Policies and decisions relating to pricing, 18 credit, refunds, warranties, and advertising; and 19 (d) Decisions relating to office personnel and hours 20 of practice. 21 (3) Any person who violates this section commits is 22 guilty of a felony of the third degree, punishable as provided 23 in s. 775.082, s. 775.083, or s. 775.084. 24 (4) This section does not prevent an insurer of dental 25 care from retaining a dentist to render independent advice to 26 the insurer concerning the application of the insurer's 27 contractual scope of coverage in comparison with a dentist's 28 prescribed treatment on behalf of an insured. 29 (5) Any contract or arrangement entered into or 30 undertaken in violation of this section shall be void as 31 contrary to public policy. 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1593 505-140A-97 1 Section 6. This act shall take effect October 1, 1997. 2 3 ***************************************** 4 HOUSE SUMMARY 5 Revises the purpose of chapter 466, F.S., relating to 6 regulation of dentistry, dental hygiene, and dental laboratories, and provides additional legislative intent 7 with respect to clinical practice interference by nonlicensees. Provides that only a dentist or a 8 professional corporation or limited liability company composed of dentists may direct, control, or interfere 9 with a dentist's clinical judgment. Declares the practice of dentistry without a license issued pursuant 10 to chapter 466, F.S., to be a public nuisance and provides for injunctive relief with respect to any such 11 practice. 12 Corrects language in a provision relating to the use or 13 prescribing of certain Schedule II controlled substances in the practice of dentistry as a ground for disciplinary 14 action. 15 See bill for details. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7