Senate Bill 1378

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1378

    By Senators Saunders, Bronson, Carlton, Jones, Forman,
    Sebesta, Dawson-White and Brown-Waite




    25-504A-99                                              See HB

  1                      A bill to be entitled

  2         An act relating to dentistry; amending s.

  3         466.004, F.S.; revising qualifications for

  4         membership on the Board of Dentistry; providing

  5         applicability; amending s. 466.021, F.S.;

  6         revising requirements relating to dental work

  7         orders; amending s. 466.0282, F.S.; revising

  8         requirements relating to the recognition and

  9         advertising of dental specialties; requiring

10         certain consumer notice; providing an effective

11         date.

12

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

14

15         Section 1.  Subsection (1) of section 466.004, Florida

16  Statutes, 1998 Supplement, is amended to read:

17         466.004  Board of Dentistry.--

18         (1)  To carry out the provisions of this chapter, there

19  is created within the department the Board of Dentistry

20  consisting of 11 members who shall be appointed by the

21  Governor and subject to confirmation by the Senate. Seven

22  members of the board must be licensed dentists actively

23  engaged in the clinical practice of dentistry in this state

24  whose principal source of income is derived from direct

25  patient care; two members must be licensed dental hygienists

26  actively engaged in the practice of dental hygiene in this

27  state; and the remaining two members must be laypersons who

28  are not, and have never been, dentists, dental hygienists, or

29  members of any closely related profession or occupation. Each

30  dental member of the board who is a licensed dentist must have

31  been actively engaged in the practice of dentistry primarily

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1  as a clinical practitioner her or his respective profession

  2  for at least 5 years immediately preceding the date of her or

  3  his appointment to the board and must remain primarily in

  4  clinical practice during all subsequent periods of appointment

  5  to the board. Any person who is connected in any way with any

  6  dental college or community college may be appointed to the

  7  board so long as that connection does not result in a

  8  relationship wherein such college provides more than 5 percent

  9  of the person's income. At least one member of the board must

10  be 60 years of age or older. Members shall be appointed for

11  4-year terms.

12         Section 2.  The amendment of subsection (1) of section

13  466.004, Florida Statutes, 1998 Supplement, by section 1

14  applies to appointments to the Board of Dentistry made on or

15  after the effective date of this act.

16         Section 3.  Section 466.021, Florida Statutes, is

17  amended to read:

18         466.021  Employment of unlicensed persons by dentist;

19  penalty.--Every duly licensed dentist who uses the services of

20  any unlicensed person for the purpose of constructing,

21  altering, repairing, or duplicating any denture, partial

22  denture, bridge splint, or orthodontic or prosthetic appliance

23  shall be required to furnish such unlicensed person with a

24  written work order in such form as prescribed shall be

25  approved by rule of the board department. This form shall be

26  supplied to the dentist by the department at a cost not to

27  exceed that of printing and handling. The work order blanks

28  shall be assigned to individual dentists and are not

29  transferable. This form shall be dated and signed by such

30  dentist and shall include the patient's name or number with

31  sufficient descriptive information to clearly identify the

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1  case for each separate and individual piece of work.; A said

  2  work order shall be made in duplicate form, the duplicate copy

  3  of such work order shall to be retained in a permanent file in

  4  the dentist's office for a period of 2 years, and the original

  5  work order shall to be retained in a permanent file for a

  6  period of 2 years by such said unlicensed person in her or his

  7  place of business. Such permanent file of work orders to be

  8  kept by such dentist or by such unlicensed person shall be

  9  open to inspection at any reasonable time by the department or

10  its duly constituted agent. Failure of the dentist to keep

11  such permanent records of such said work orders shall subject

12  the dentist to suspension or revocation of her or his license

13  to practice dentistry. Failure of such unlicensed person to

14  have in her or his possession a work order as required by this

15  section above defined shall be admissible evidence of a

16  violation of this chapter and shall constitute a misdemeanor

17  of the second degree, punishable as provided in s. 775.082 or

18  s. 775.083. Nothing in this section shall preclude a

19  registered dental laboratory from working for another

20  registered dental laboratory, provided that such work is

21  performed pursuant to written authorization, in a form to be

22  prescribed by rule of the board department, which evidences

23  that the originating laboratory has obtained a valid work

24  order and which sets forth the work to be performed.

25  Furthermore, nothing in this section shall preclude a

26  registered laboratory from providing its services to dentists

27  licensed and practicing in another state, provided that such

28  work is requested or otherwise authorized in written form

29  which clearly identifies the name and address of the

30  requesting dentist and which sets forth the work to be

31  performed.

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1         Section 4.  Section 466.0282, Florida Statutes, is

  2  amended to read:

  3         466.0282  Specialties.--

  4         (1)  A dentist licensed under this chapter may not hold

  5  himself or herself out as a specialist, or advertise

  6  membership in or specialty recognition by an accrediting

  7  organization, or advertise that his or her practice is limited

  8  to a specific area of dentistry, unless the dentist:

  9         (a)  Has completed a specialty education program

10  approved by the American Dental Association and the Commission

11  on Dental Accreditation and:;

12         1.(b)  Is eligible for examination by a national

13  specialty board recognized by the American Dental Association;

14  or

15         2.(c)  Is a diplomate of a national specialty board

16  recognized by the American Dental Association; or

17         (b)(d)  Has continuously held himself or herself out as

18  a specialist since December 31, 1964, in a specialty

19  recognized by the American Dental Association.

20         (2)  A dentist licensed under this chapter may not

21  represent to the public without appropriate disclosure that

22  his or her practice is limited to a specific area of dentistry

23  other than a specialty area of dentistry authorized under

24  subsection (1) unless the dentist has attained membership in

25  or has otherwise been credentialed by an accrediting

26  organization that is recognized by the board as a bona fide

27  organization for such an area of dental practice. In order to

28  be recognized by the board as a bona fide accrediting

29  organization for a specific area of dental practice other than

30  a specialty area of dentistry authorized under subsection (1),

31

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1  the organization must condition membership or credentialing of

  2  its members upon all of the following:

  3         (a)  Successful completion of a formal, full-time

  4  advanced education program that is affiliated with or

  5  sponsored by a university-based dental school and is:

  6         1.  Beyond the dental degree;

  7         2.  At the graduate or postgraduate level; and

  8         3.  Of at least 12 months in duration.

  9         (b)  Prior didactic training and clinical experience in

10  the specific area of dentistry which is greater than that of

11  other dentists.

12         (c)  Successful completion of oral and written

13  examinations based on psychometric principles.

14         (3)  Notwithstanding the requirements of subsections

15  (1) and (2), a dentist who lacks membership in or

16  certification, diplomate status, or other similar credentials

17  from an accrediting organization approved as bona fide by

18  either the American Dental Association or the board may

19  announce a practice emphasis in any other area of dental

20  practice if the dentist incorporates in capital letters or

21  some other manner clearly distinguishable from the rest of the

22  announcement, solicitation, or advertisement the following

23  statement: "...(NAME OF ANNOUNCED AREA OF DENTAL PRACTICE)...

24  IS NOT RECOGNIZED AS A SPECIALTY AREA BY THE AMERICAN DENTAL

25  ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY." If such an

26  area of dental practice is officially recognized by an

27  organization that the dentist desires to acknowledge or

28  otherwise reference in the dentist's announcement,

29  solicitation, or advertisement, the same announcement,

30  solicitation, or advertisement shall also state prominently:

31  "...(NAME OF REFERENCED ORGANIZATION)... IS NOT RECOGNIZED AS

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1  A BONA FIDE SPECIALTY ACCREDITING ORGANIZATION BY THE AMERICAN

  2  DENTAL ASSOCIATION OR THE FLORIDA BOARD OF DENTISTRY."

  3         (4)(2)  The purpose of this section is to prevent a

  4  dentist from advertising without appropriate disclosure

  5  membership in an organization which may be perceived by the

  6  public as recognizing or accrediting specialization or other

  7  unique competencies in an area of dentistry that is not

  8  recognized or accredited by the American Dental Association or

  9  the board in accordance with this section. The purpose of this

10  section is also to prohibit a dentist from advertising a

11  specialty or other area of dental practice without appropriate

12  disclosure unless the special competencies held by the dentist

13  satisfy the requirements of subsection (1) or subsection (2)

14  that the dentist's practice is limited to an area of dentistry

15  that is not recognized as a specialty by the American Dental

16  Association. The Legislature finds that dental consumers can

17  reasonably rely on these requirements as satisfactory evidence

18  of a dentist's attainment of meaningful competencies in the

19  specialty or other bona fide area of dental practice

20  advertised recognition by the American Dental Association as

21  proof that an area of dentistry is recognized as a legitimate

22  dental specialty by other dentists and that the accrediting or

23  recognizing organization of that specialty is bona fide. The

24  Legislature also finds that this process for the recognition

25  of dental specialties and other bona fide areas of dental

26  practice is the least restrictive means available to ensure

27  that consumers are not misled about a dentist's unique

28  credentials not only that the American Dental Association,

29  unlike the board, has the administrative staff and financial

30  resources necessary to investigate and thoroughly evaluate

31  whether an accrediting or recognizing organization is capable

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    Florida Senate - 1999                                  SB 1378
    25-504A-99                                              See HB




  1  of accurately determining whether an area of dentistry is

  2  uniquely defined and educationally disciplined so as to meet a

  3  substantial public need for clinical treatment, but also that

  4  this accreditation process is the least restrictive means

  5  available to ensure that consumers are not misled about

  6  whether an area of dentistry is a legitimate specialty.

  7  Therefore, it is the intent of the Legislature that the

  8  findings of the American Dental Association's accreditation

  9  process for dental specialties be relied on by the board.

10         (3)  Nothing in this section shall be construed to

11  allow the board to recognize any specialty that is not

12  recognized by the American Dental Association.

13         Section 5.  This act shall take effect July 1, 1999.

14

15            *****************************************

16                       LEGISLATIVE SUMMARY

17
      Requires members of the Board of Dentistry who are
18    licensed dentists to be actively engaged in clinical
      practice, to derive their principal source of income from
19    direct patient care, and to remain primarily in clinical
      practice during all subsequent periods of appointment to
20    the board. Authorizes appointment of persons to the board
      who are connected with a dental college or community
21    college if no more than 5 percent of the person's income
      is provided by such college. Provides that such
22    provisions shall apply only to new appointments to the
      board.
23

24    Requires work orders of unlicensed persons and registered
      dental laboratories providing services to licensed
25    dentists or other registered dental laboratories to be in
      a form prescribed by rule of the board rather than the
26    Department of Health, and eliminates requirements that
      such form be supplied by the department and assigned to
27    individual dentists.

28
      Revises requirements relating to the recognition and
29    advertising of dental specialties. Requires notice to
      consumers of specialty areas and organizations that are
30    not recognized by the American Dental Association or the
      board.
31

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