SENATE AMENDMENT
    Bill No. CS for CS for SB 572
    Amendment No. ___   Barcode 390928
                            CHAMBER ACTION
              Senate                               House
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       05/02/2003 11:58 AM         .                    
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11  Senator Fasano moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 1, line 17,
15  
16  insert:  
17         Section 1.  Paragraph (a) of subsection (2) of section
18  466.004, Florida Statutes, is amended to read:
19         466.004  Board of Dentistry.--
20         (2)  To advise the board, it is the intent of the
21  Legislature that councils be appointed as specified in
22  paragraphs (a), (b), and (c).  The department shall provide
23  administrative support to the councils and shall provide
24  public notice of meetings and agenda of the councils. Councils
25  shall include at least one board member who shall chair the
26  council and shall include nonboard members. All council
27  members shall be appointed by the board chair.  Council
28  members shall be appointed for 4-year terms, and all members
29  shall be eligible for reimbursement of expenses in the manner
30  of board members.
31         (a)  A Council on Dental Hygiene shall be appointed by
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SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 the board chair and shall include one dental hygienist member 2 of the board, who shall chair the council, one dental member 3 of the board, and three dental hygienists who are actively 4 engaged in the practice of dental hygiene in this state. The 5 council shall meet at the request of the board chair, a 6 majority of the members of the board, or the council chair, if 7 the council meets at least twice each year. The council is 8 charged with the responsibility of and shall meet for the 9 purpose of developing rules and policies for recommendation to 10 the board, which the board shall consider, on matters 11 pertaining to that part of dentistry consisting of 12 educational, preventive, or therapeutic dental hygiene 13 services; dental hygiene licensure, discipline, or regulation; 14 and dental hygiene education. Rule and policy recommendations 15 of the council shall be considered by the board at its next 16 regularly scheduled meeting in the same manner it considers 17 rule and policy recommendations from designated subcommittees 18 of the board. Any rule or policy proposed by the board 19 pertaining to the specified part of dentistry defined by this 20 paragraph shall be referred to the council for a 21 recommendation prior to final action by the board. 22 Section 2. Section 466.055, Florida Statutes, is 23 created to read: 24 466.055 Board of Dentistry Empowerment Act.-- 25 (1) If requested by the Board of Dentistry, it shall 26 direct the department whom to appoint as executive director 27 pursuant to the rules of the state personnel system. The 28 committee conducting interviews of candidates for executive 29 director shall consist of the board chairman or his designee 30 and the secretary or his or her designee. A list of final 31 candidates shall be submitted to the board, which shall 2 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 approve the candidate to be hired. The approval process shall 2 include the right of the board to interview the list of 3 submitted candidates. The board may reject all the candidates 4 on the submitted list and request that a new list be submitted 5 by the interview committee. The executive director shall 6 perform those duties and responsibilities specific to the 7 Board of Dentistry and shall exclusively serve the Board of 8 Dentistry. The board shall monitor the performance of the 9 executive director, based on established performance standards 10 and should the board determine, by a majority vote, that the 11 performance of the executive director is consistently below 12 the performance standards of the board and thus unacceptable, 13 the board shall promptly notify the department of its 14 findings, in writing, and the department shall take 15 appropriate action to replace the executive director, pursuant 16 to the state personnel rules. 17 (2) The executive director shall be responsible for 18 overseeing the hiring of all other staff members who work 19 directly for the executive director and who perform services 20 for the board. 21 (3) The department shall contract for a dental intake 22 officer when requested by the Board of Dentistry in accordance 23 with the state personnel system and qualifications established 24 for such position by the Board of Dentistry. The 25 qualifications for the position shall include a requirement 26 that the candidate be a licensed Florida dentist in good 27 standing. 28 (4) The dental intake officer shall be responsible for 29 determining the legal sufficiency of all dental complaints 30 received by the department within 5 working days after the 31 complaint is filed; advising the board regarding dental health 3 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 regulation issues; and advising field investigators on dental 2 issues related to the complaints to assure that complaints are 3 properly investigated in a timely and efficacious manner. 4 (5) The Board of Dentistry, in consultation with the 5 department, shall establish reasonable and comprehensive 6 performance parameters for the prosecution of disciplinary 7 cases by the department. Such parameters shall reflect the 8 quality and quantity of services to be provided to the board, 9 including, but not limited to, the proportion of cases that 10 are successfully prosecuted through final hearing and appeal 11 if such cases involve irremediable harm or injury or the 12 immediate threat of irremediable harm or injury to the 13 patient. The board shall conduct an annual evaluation to 14 determine if the department has met the established 15 performance parameters. A finding by the board that the 16 department has failed to meet established parameters shall 17 enable the board, by a majority vote, to instruct the 18 department to retain sufficient outside contractual 19 prosecutorial services pursuant to s. 287.057(3), to fulfill 20 the immediate and forseeable prosecutorial needs of the board. 21 Contract negotiations and vendor selection shall be conducted 22 in consultation with the chairman of the board or his 23 designee. Each contract for prosecutorial services shall 24 include, at a minimum, the performance parameters developed by 25 the board for its assessment of the department. 26 (6) If requested, a representative of testing services 27 of the Department of Health shall appear before the board, or 28 a committee of the board, following the completion of each 29 examination cycle to discuss examination issues. If the board 30 identifies issues to be addressed, testing services shall 31 report to the board, as requested at the next board meeting, 4 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 on its progress in addressing the issues identified by the 2 board. 3 (7)(a) In conjunction with each fiscal year budgetary 4 cycle, the department, in consultation with the board, shall 5 develop a Board of Dentistry spending plan encompassing 6 anticipated revenue of all types along with all anticipated 7 operating expenses of the board and associated support 8 services of the department, which shall include all direct and 9 allocated expenses necessary to enable the board to fulfill 10 its responsibilities. All expenditure detail as provided 11 herein shall reflect the methodology and calculations of the 12 department in allocating common expenses among all regulatory 13 boards. 14 (b) The Board of Dentistry shall have spending 15 authority over discretionary budgetary items, as determined by 16 the department and the board jointly. Discretionary budgetary 17 items shall include the selection of board meeting venue, 18 hotel facilities, and accommodations; travel of board members 19 and necessary staff to all meetings of the board; attendance 20 by board members at meetings and conferences deemed to be 21 important by the board in fulfilling its responsibilities, 22 monitoring performance, and confirming the accuracy of 23 information provided to the board or others which relates to 24 the duties and responsibilities of the board; and an 25 operational contingency. Operational contingency is that 26 portion of cash on hand that exceeds that required for the 27 5-year spending plan as described in s. 456.005. The 28 operational contingency may be used for a special project by 29 the board in fulfilling its responsibilities if a deficit does 30 not or would not exist for the profession. In exercising its 31 spending authority over discretionary budget items, the board 5 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 must adhere to all applicable state laws and directives; 2 assure that all meeting locations are accessible to the public 3 and licensees; assure that board meetings are conducted in an 4 effective and efficient manner for the public and licensees; 5 assure that the minimal number of board members or staff 6 attend any meeting or conference; and assure the maximum use 7 of technology. When requested by the board, the department 8 shall provide timely procurement assistance to facilitate all 9 discretionary expenditures of the board. 10 (8)(a) The department shall submit a report to the 11 Governor, the President of the Senate, and the Speaker of the 12 House of Representatives by November 1 of each year on the 13 effectiveness and efficiency of this section, including: 14 1. The revenues, expenditures, and cash balances for 15 the prior year, and a review of the adequacy of existing 16 revenues; 17 2. The nature and extent of all services provided to 18 the board by the department; 19 3. The total cost allocated by the department for each 20 service provided by the department to the board and the amount 21 and percent by which each cost is appropriate to dentistry's 22 pro-rata share of the total cost of such services provided by 23 the department to all affected boards, councils, and 24 professions; 25 4. The number of licensure examinations taken, the 26 fees collected for licensure examination, and the time from 27 which a candidate for licensure completed the required 28 examination to the time in which the candidate received the 29 results; 30 5. The number of licenses issued, revoked, or 31 suspended; 6 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 6. The number of disciplinary complaints received, 2 determined to be legally sufficient, investigated, referred to 3 the board's probable cause panel, prosecuted, subject to final 4 board action, and appealed; the number, maximum, and average 5 duration of licenses suspended; the number of licenses 6 revoked; the number of cases spanning more than 180,270, and 7 365 days from receipt of complaints to submission to the 8 board's probable cause panel; the proportion of cases which 9 were eligible for and the number of cases actually resolved by 10 citation; the proportion of cases where probable cause was 11 found; the number of cases were probable cause was found that 12 were not prosecuted or that did not result in stipulated 13 agreements; the number of cases involving stipulated 14 agreements; the number of cases involving stipulated 15 agreements which were changed by the board and the number of 16 cases involving stipulated agreements that were rejected 17 without modification by the board; the number of cases taking 18 in excess of 1 year from the date of receipt of a complaint to 19 final board action; the number of cases involving formal 20 hearings; the status of all cases appealed; the number of 21 cases where licensure suspension or revocation was stayed 22 pending appeal; the number of emergency suspension orders 23 issued; the average and maximum range of costs of complaint 24 investigations and prosecutions; and the amount of fines and 25 expenses collected by type of cases prosecuted; 26 7. The status of the development and implementation of 27 rules providing for disciplinary guidelines pursuant to s. 28 456.079; and 29 8. Such recommendations for administrative and 30 statutory changes necessary to facilitate efficient and 31 cost-effective operation of the board and the department. 7 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 (b) The department shall include in the report any 2 statement, comment, suggestion, recommendation, or objection 3 made by the board in response to the report. 4 5 (Redesignate subsequent sections.) 6 7 8 ================ T I T L E A M E N D M E N T =============== 9 And the title is amended as follows: 10 On page 1, lines 2 and 3, delete those lines, 11 12 and insert: 13 An act relating to dentistry; amending s. 14 466.004, F.S.; requiring the Council on Dental 15 Hygiene to meet at least twice a year; 16 providing for consideration by the Board of 17 Dentistry of rule and policy recommendations of 18 the council; creating s. 466.055, F.S.; 19 providing for the appointment of an executive 20 director; providing for duties, and board 21 oversight; requiring director to oversee staff; 22 requiring the department to contract for a 23 dental intake officer and providing 24 qualifications; requiring certain 25 responsibilities of the officer; requiring the 26 board to establish certain performance 27 parameters for departmental handling of 28 disciplinary cases, and consequences; requiring 29 testing services to report to the board if 30 requested; requiring a board spending plan and 31 its content; requiring board spending authority 8 4:29 PM 04/30/03 s0572c2c-11c2r
SENATE AMENDMENT Bill No. CS for CS for SB 572 Amendment No. ___ Barcode 390928 1 over discretionary budget items; requiring a 2 department report of certain information; 3 providing for a board response; amending s. 4 466.006, F.S.; 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 4:29 PM 04/30/03 s0572c2c-11c2r