House Bill 4343

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    Florida House of Representatives - 1998                HB 4343

        By Representative Jones






  1                      A bill to be entitled

  2         An act relating to dental hygiene; amending s.

  3         466.003, F.S.; revising definitions; amending

  4         s. 466.004, F.S.; removing regulation of the

  5         practice of dental hygiene from the Board of

  6         Dentistry and eliminating the Council on Dental

  7         Hygiene, to conform; creating s. 466.0065,

  8         F.S.; creating the Board of Dental Hygiene to

  9         regulate the practice of dental hygiene;

10         providing for appointment of members and terms;

11         providing for headquarters of the board;

12         providing rulemaking authority; authorizing a

13         fee; providing powers and duties; amending s.

14         20.43, F.S.; placing the Board of Dental

15         Hygiene under the responsibility of the

16         Division of Medical Quality Assurance of the

17         Department of Health; providing an effective

18         date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  Sections (1) and (4) of section 466.003,

23  Florida Statutes, are amended to read:

24         466.003  Definitions.--As used in this chapter:

25         (1)  "Board" means the Board of Dentistry or the Board

26  of Dental Hygiene, as the context requires.

27         (4)  "Dental hygiene" means the rendering of

28  educational, preventive, and therapeutic dental services,

29  which includes the removal of calculus deposits, accretions,

30  and stains from the surfaces of the teeth and the gingival

31  sulcus, root planing and curettage, pursuant to ss. 466.023

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    Florida House of Representatives - 1998                HB 4343

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  1  and 466.024 and any related extra-oral procedure required in

  2  the performance of such services, and includes such additional

  3  remediable or delegable tasks as the Board of Dental Hygiene

  4  determines by rule.

  5         Section 2.  Section 466.004, Florida Statutes, is

  6  amended to read:

  7         466.004  Board of Dentistry.--

  8         (1)  To carry out the provisions of this chapter, other

  9  than those regulating the practice of dental hygiene and

10  dental hygienists, which are reserved to the Board of Dental

11  Hygiene under s. 466.0065, there is created within the

12  department the Board of Dentistry, consisting of 11 members

13  who shall be appointed by the Governor and subject to

14  confirmation by the Senate. Seven members of the board must be

15  licensed dentists actively engaged in the practice of

16  dentistry in this state; two members must be licensed dental

17  hygienists actively engaged in the practice of dental hygiene

18  in this state; and the remaining two members must be

19  laypersons who are not, and have never been, dentists, dental

20  hygienists, or members of any closely related profession or

21  occupation. Each dental member of the board must have been

22  actively engaged in her or his respective profession for at

23  least 5 years preceding the date of her or his appointment to

24  the board. At least one member of the board must be 60 years

25  of age or older. Members shall be appointed for 4-year terms.

26         (2)  To advise the board, it is the intent of the

27  Legislature that councils be appointed as specified in

28  paragraphs (a) and, (b), and (c). The department shall provide

29  administrative support to the councils and shall provide

30  public notice of meetings and agenda of the councils. Councils

31  shall include at least one board member who shall chair the

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    Florida House of Representatives - 1998                HB 4343

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  1  council and shall include nonboard members. All council

  2  members shall be appointed by the board chair. Council members

  3  shall be appointed for 4-year terms, and all members shall be

  4  eligible for reimbursement of expenses in the manner of board

  5  members.

  6         (a)  A Council on Dental Hygiene shall be appointed by

  7  the board chair and shall include one dental hygienist member

  8  of the board, who shall chair the council, one dental member

  9  of the board, and three dental hygienists who are actively

10  engaged in the practice of dental hygiene in this state. The

11  council shall meet at the request of the board chair, a

12  majority of the members of the board, or the council chair.

13  The council is charged with the responsibility of and shall

14  meet for the purpose of developing rules and policies for

15  recommendation to the board, which the board shall consider,

16  on matters pertaining to that part of dentistry consisting of

17  educational, preventive, or therapeutic dental hygiene

18  services; dental hygiene licensure, discipline, or regulation;

19  and dental hygiene education.

20         (a)(b)  A Council on Dental Assisting shall be

21  appointed by the board chair and shall include one board

22  member who shall chair the council and three dental assistants

23  who are actively engaged in dental assisting. The council

24  shall meet at the request of the board chair or a majority of

25  the members of the board. The council shall meet for the

26  purpose of developing recommendations to the board on matters

27  pertaining to that part of dentistry related to dental

28  assisting.

29         (b)(c)  With the concurrence of the secretary, the

30  board chair may create and abolish other advisory councils

31  relating to dental subjects, including, but not limited to:

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    Florida House of Representatives - 1998                HB 4343

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  1  examinations, access to dental care, indigent care, nursing

  2  home and institutional care, public health, disciplinary

  3  guidelines, and other subjects as appropriate. Such councils

  4  shall be appointed by the board chair and shall include at

  5  least one board member who shall serve as chair.

  6         (3)  The board shall maintain its headquarters in

  7  Tallahassee.

  8         (4)  The board is authorized to adopt all rules

  9  necessary to carry out the provisions of this chapter and

10  chapter 455, including the establishment of a fee to defray

11  the cost of duplicating any license, certification, or permit,

12  not to exceed $10 per duplication.

13         (5)  The board is authorized to publish and distribute

14  such pamphlets, newsletters, and other publications as are

15  reasonably necessary.

16         (6)  All provisions of chapter 455 relating to the

17  board shall apply.

18         (7)  The board may by rule assess a one-time fee not to

19  exceed $120 for each dentist licensed by the department and a

20  fee not to exceed $40 for each dental hygienist licensed by

21  the department and, if assessed, may set a deadline for

22  payment of the one-time assessment at any time prior to

23  January 1, 1992.

24         Section 3.  Section 466.0065, Florida Statutes, is

25  created to read:

26         466.0065  Board of Dental Hygiene.--

27         (1)  To carry out the provisions of this chapter with

28  respect to the adoption and enforcement of rules concerning

29  the practice of dental hygiene and licensure requirements to

30  practice dental hygiene and with respect to educational,

31  preventive, and therapeutic dental hygiene services; dental

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    Florida House of Representatives - 1998                HB 4343

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  1  hygiene licensure, discipline, and regulation; and dental

  2  hygiene education, examination, and reexamination, there is

  3  created within the department the Board of Dental Hygiene,

  4  consisting of seven members who shall be appointed by the

  5  Governor and subject to confirmation by the Senate. Four

  6  members shall be licensed dental hygienists actively engaged

  7  in the practice of dental hygiene in this state, two of whom

  8  shall be the dental hygiene members serving on the Board of

  9  Dentistry, one member shall be a dental member of the Board of

10  Dentistry, and two members must be laypersons who are not, and

11  have never been, dentists, dental hygienists, or members of

12  any closely related profession or occupation or members or

13  employees of either board. Each dental hygienist and dental

14  member of the board must have been actively engaged in his or

15  her respective profession for at least 5 years preceding the

16  date of his or her appointment to the board. At least one

17  member of the board must be 60 years of age or older.

18  Initially, the Governor shall appoint three members for terms

19  of 4 years each and three members for terms of 2 years each,

20  beginning January 1, 1999. Thereafter, members shall be

21  appointed for 4-year terms.

22         (2)  The board shall maintain its headquarters in

23  Tallahassee.

24         (3)  The board is authorized to adopt all rules

25  necessary to carry out its duties pursuant to the provisions

26  of this chapter and chapter 455, including the establishment

27  of a fee to defray the cost of duplicating any license,

28  certification, or permit, not to exceed $10 per duplication.

29         (4)  The board is authorized to publish and distribute

30  such pamphlets, newsletters, and other publications as are

31  reasonably necessary.

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  1         (5)  All provisions of chapter 455 relating to the

  2  Board of Dental Hygiene shall apply.

  3         Section 4.  Paragraph (g) of subsection (3) of section

  4  20.43, Florida Statutes, is amended to read:

  5         20.43  Department of Health.--There is created a

  6  Department of Health.

  7         (3)  The following divisions of the Department of

  8  Health are established:

  9         (g)  Division of Medical Quality Assurance, which is

10  responsible for the following boards and professions

11  established within the division:

12         1.  Nursing assistants, as provided under s. 400.211.

13         2.  Health care services pools, as provided under s.

14  402.48.

15         3.  The Board of Acupuncture, created under chapter

16  457.

17         4.  The Board of Medicine, created under chapter 458.

18         5.  The Board of Osteopathic Medicine, created under

19  chapter 459.

20         6.  The Board of Chiropractic, created under chapter

21  460.

22         7.  The Board of Podiatric Medicine, created under

23  chapter 461.

24         8.  Naturopathy, as provided under chapter 462.

25         9.  The Board of Optometry, created under chapter 463.

26         10.  The Board of Nursing, created under chapter 464.

27         11.  The Board of Pharmacy, created under chapter 465.

28         12.  The Board of Dental Hygiene, created under chapter

29  466.

30         13.12.  The Board of Dentistry, created under chapter

31  466.

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    Florida House of Representatives - 1998                HB 4343

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  1         14.13.  Midwifery, as provided under chapter 467.

  2         15.14.  The Board of Speech-Language Pathology and

  3  Audiology, created under part I of chapter 468.

  4         16.15.  The Board of Nursing Home Administrators,

  5  created under part II of chapter 468.

  6         17.16.  Occupational therapy, as provided under part

  7  III of chapter 468.

  8         18.17.  Respiratory therapy, as provided under part V

  9  of chapter 468.

10         19.18.  Dietetics and nutrition practice, as provided

11  under part X of chapter 468.

12         20.19.  Athletic trainers, as provided under part XIV

13  of chapter 468.

14         21.20.  Electrolysis, as provided under chapter 478.

15         22.21.  The Board of Massage Therapy, created under

16  chapter 480.

17         23.22.  The Board of Clinical Laboratory Personnel,

18  created under part III of chapter 483.

19         24.23.  Medical physicists, as provided under part IV

20  of chapter 483.

21         25.24.  The Board of Opticianry, created under part I

22  of chapter 484.

23         26.25.  The Board of Hearing Aid Specialists, created

24  under part II of chapter 484.

25         27.26.  The Board of Physical Therapy Practice, created

26  under chapter 486.

27         28.27.  The Board of Psychology, created under chapter

28  490.

29         29.28.  The Board of Clinical Social Work, Marriage and

30  Family Therapy, and Mental Health Counseling, created under

31  chapter 491.

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    Florida House of Representatives - 1998                HB 4343

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  1

  2  The department may contract with the Agency for Health Care

  3  Administration who shall provide consumer complaint,

  4  investigative, and prosecutorial services required by the

  5  Division of Medical Quality Assurance, councils, or boards, as

  6  appropriate.

  7         Section 5.  This act shall take effect July 1 of the

  8  year in which enacted.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Creates the Board of Dental Hygiene to regulate the
13    practice of dental hygiene. Provides for appointment of
      board members and their terms of office. Provides for the
14    board's headquarters. Provides rulemaking authority and
      other powers and duties of the board. Authorizes a fee to
15    defray certain costs. Places the Board of Dental Hygiene
      under the responsibility of the Division of Medical
16    Quality Assurance of the Department of Health. Removes
      regulation of the practice of dental hygiene from the
17    Board of Dentistry and eliminates the Council on Dental
      Hygiene, to conform. See bill for details.
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