Bill Text: HB 0931, Engrossed 1

HB 0931, Engrossed 1

2003

A bill to be entitled

An act relating to dentistry; amending s. 466.004, F.S.;

requiring the Council on Dental Hygiene to meet at least twice a

year; providing for consideration by the Board of Dentistry of

rule and policy recommendations of the council; creating s.

466.005, F.S., the Board of Dentistry Empowerment Act; providing

for the appointment of an executive director; providing for

duties and board oversight; requiring director to oversee staff;

requiring the department to contract for a dental intake officer

and providing qualifications; requiring certain responsibilities

of the officer; requiring the board to establish certain

performance parameters for departmental handling of disciplinary

cases and consequences; requiring the Testing Services office to

report to the board if requested; requiring a board spending

plan and its content; requiring board spending authority over

discretionary budget items; requiring a department report of

certain information; providing for a board response; amending s.

466.006, F.S.; allowing certain dental students to take the

examinations required to practice dentistry in this state under

specified conditions; providing a prerequisite to licensure of

such students; creating s. 466.0065, F.S.; allowing certain

dental students to take regional licensure examinations under

specified conditions; restricting the applicability of

examination results to licensing in other jurisdictions;

requiring approval by the Board of Dentistry and providing

prerequisites to such approval; amending ss. 381.7353 and

381.7355, F.S.; including oral health care in the Closing the

Gap grant program; providing an effective date.

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

Section 1. Paragraph (a) of subsection (2) of section

466.004, Florida Statutes, is amended to read:

466.004 Board of Dentistry.--

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

Legislature that councils be appointed as specified in

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

administrative support to the councils and shall provide public

notice of meetings and agenda of the councils. Councils shall

include at least one board member who shall chair the council

and shall include nonboard members. All council members shall be

appointed by the board chair. Council members shall be appointed

for 4-year terms, and all members shall be eligible for

reimbursement of expenses in the manner of board members.

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

board chair and shall include one dental hygienist member of the

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

board, and three dental hygienists who are actively engaged in

the practice of dental hygiene in this state. The council shall

meet at the request of the board chair, a majority of the

members of the board, or the council chair, provided the council

meets at least twice a year. The council is charged with the

responsibility of and shall meet for the purpose of developing

rules and policies for recommendation to the board~~, which the~~

~~board shall consider,~~on matters pertaining to that part of

dentistry consisting of educational, preventive, or therapeutic

dental hygiene services; dental hygiene licensure, discipline,

or regulation; and dental hygiene education. Rule and policy

recommendations of the council shall be considered by the board

at its next regularly scheduled meeting in the same manner it

considers rule and policy recommendations from designated

subcommittees of the board. Any rule or policy proposed by the

board pertaining to the specified part of dentistry defined by

this paragraph shall be referred to the council for a

recommendation prior to final action by the board.

Section 2. Section 466.005, Florida Statutes, is created

to read:

466.005 Board of Dentistry Empowerment Act.--

(1) If the board so decides, it shall direct the

department whom to appoint as the executive director of the

board pursuant to the rules of the state personnel system. The

committee conducting interviews of candidates for executive

director shall consist of the board chair or her or his designee

and the secretary or her or his designee. A list of final

candidates shall be submitted to the board, which shall approve

the candidate to be hired. The approval process shall include

the right of the board to interview the list of submitted

candidates. The board may reject all the candidates on the

submitted list and request that a new list be submitted by the

interview committee. The executive director shall perform those

duties and responsibilities specific to the board and shall

exclusively serve the board. The board shall monitor the

performance of the executive director, based on established

performance standards, and if the board determines, by a

majority vote, that the performance of the executive director is

consistently below the performance standards of the board and

thus unacceptable, the board shall promptly notify the

department of its findings, in writing, and the department shall

take appropriate action to replace the executive director,

pursuant to the state personnel rules.

(2) The executive director shall be responsible for

overseeing the hiring of all other staff members who work

directly for the executive director and who perform services for

the board.

(3) The department shall contract for a dental intake

officer when requested by the board in accordance with the state

personnel system and qualifications established for such

position by the board. The qualifications for the position shall

include a requirement that the candidate be a licensed Florida

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dentist in good standing.

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(4) The dental intake officer shall be responsible for

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determining the legal sufficiency of all dental complaints

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received by the department within 5 working days after the

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complaint is filed, advising the board regarding dental health

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regulation issues, and advising field investigators on dental

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issues related to the complaints to ensure that complaints are

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properly investigated in a timely and efficacious manner.

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(5) The board, in consultation with the department, shall

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establish reasonable and comprehensive performance parameters

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for the prosecution of disciplinary cases by the department.

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Such parameters shall reflect the quality and quantity of

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services to be provided to the board, including, but not limited

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to, the proportion of cases that are successfully prosecuted

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through final hearing and appeal if such cases involve

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irremediable harm or injury or the immediate threat of

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irremediable harm or injury to the patient. The board shall

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conduct an annual evaluation to determine if the department has

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met the established performance parameters. A finding by the

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board that the department has failed to meet established

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parameters shall enable the board, by a majority vote, to

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instruct the department to retain sufficient outside contractual

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prosecutorial services pursuant to s. 287.057(3) to fulfill the

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immediate and foreseeable prosecutorial needs of the board.

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Contract negotiations and vendor selection shall be conducted in

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consultation with the chair of the board or her or his designee.

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Each contract for prosecutorial services shall include, at a

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minimum, the performance parameters developed by the board for

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its assessment of the department.

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(6) If requested, a representative of the Testing Services

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office of the department shall appear before the board, or a

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committee of the board, following the completion of each

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examination cycle to discuss examination issues. If the board

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identifies issues to be addressed, the Testing Services office

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shall report to the board, as requested at the next board

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meeting, on its progress in addressing the issues identified by

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the board.

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(7)(a) In conjunction with each fiscal year budgetary

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cycle, the department, in consultation with the board, shall

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develop a board spending plan encompassing anticipated revenue

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of all types along with all anticipated operating expenses of

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the board and associated support services of the department,

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which shall include all direct and allocated expenses necessary

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to enable the board to fulfill its responsibilities. All

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expenditure detail as provided in this paragraph shall reflect

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the methodology and calculations of the department in allocating

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common expenses among all regulatory boards.

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(b) The board shall have spending authority over

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discretionary budgetary items, as determined by the department

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and the board jointly. Discretionary budgetary items shall

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include the selection of board meeting venue, hotel facilities,

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and accommodations; travel of board members and necessary staff

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to all meetings of the board; attendance by board members at

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meetings and conferences deemed to be important by the board in

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fulfilling its responsibilities, monitoring performance, and

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confirming the accuracy of information provided to the board or

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others which relates to the duties and responsibilities of the

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board; and an operational contingency. The operational

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contingency is that portion of cash on hand which exceeds that

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required for the 5-year spending plan as described in s.

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456.005. The operational contingency may be used for a special

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project by the board in fulfilling its responsibilities if a

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deficit does not or would not exist for the profession. In

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exercising its spending authority over discretionary budget

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items, the board must adhere to all applicable state laws and

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directives, ensure that all meeting locations are accessible to

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the public and licensees, ensure that board meetings are

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conducted in an effective and efficient manner for the public

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and licensees, ensure that the minimal number of board members

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or staff attend any meeting or conference, and ensure the

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maximum use of technology. When requested by the board, the

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department shall provide timely procurement assistance to

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facilitate all discretionary expenditures of the board.

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(8)(a) The department shall submit a report to the

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Governor, the President of the Senate, and the Speaker of the

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House of Representatives by November 1 of each year on the

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effectiveness and efficiency of this section, including:

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1. The revenues, expenditures, and cash balances for the

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prior year and a review of the adequacy of existing revenues.

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2. The nature and extent of all services provided to the

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board by the department.

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3. The total cost allocated by the department for each

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service provided by the department to the board and the amount

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and percent by which each cost is appropriate to dentistry's pro

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rata share of the total cost of such services provided by the

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department to all affected boards, councils, and professions.

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4. The number of licensure examinations taken, the fees

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collected for licensure examination, and the time from which a

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candidate for licensure completed the required examination to

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the time in which the candidate received the results.

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5. The number of licenses issued, revoked, or suspended.

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6. The number of disciplinary complaints received,

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determined to be legally sufficient, investigated, referred to

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the board's probable cause panel, prosecuted, subject to final

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board action, and appealed; the number and maximum and average

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duration of licenses suspended; the number of licenses revoked;

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the number of cases spanning more than 180, 270, and 365 days

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after receipt of complaint to submission to the board's probable

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cause panel; the proportion of cases which were eligible for and

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the number of cases actually resolved by citation; the

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proportion of cases where probable cause was found; the number

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of cases where probable cause was found that were not prosecuted

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or that did not result in stipulated agreements; the number of

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cases involving stipulated agreements; the number of cases

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involving stipulated agreements that were changed by the board

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and the number of cases involving stipulated agreements that

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were rejected without modification by the board; the number of

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cases taking in excess of 1 year after the date of receipt of a

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complaint to final board action; the number of cases involving

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formal hearings; the status of all cases appealed; the number of

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cases where licensure suspension or revocation was stayed

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pending appeal; the number of emergency suspension orders

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issued; the average and maximum range of costs of complaint

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investigations and prosecutions; and the amount of fines and

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expenses collected by type of cases prosecuted.

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7. The status of the development and implementation of

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rules providing for disciplinary guidelines pursuant to s.

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456.079.

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8. Such recommendations for administrative and statutory

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changes necessary to facilitate efficient and cost-effective

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operation of the board and the department.

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(b) The department shall include in the report any

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statement, comment, suggestion, recommendation, or objection

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made by the board in response to the report.

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Section 3. Subsection (2) of section 466.006, Florida

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Statutes, is amended to read:

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466.006 Examination of dentists.--

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(2) An applicant shall be entitled to take the

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examinations required in this section to practice dentistry in

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this state if the applicant:

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(a) Is 18 years of age or older.

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(b)1.Is a graduate of a dental school accredited by the

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Commission on Accreditation of the American Dental Association

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or its successor agency, if any, or any other nationally

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recognized accrediting agency; or.

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2. Is a dental student in the final year of such an

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accredited school who has completed all the coursework necessary

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to prepare him or her to perform the clinical and diagnostic

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procedures required to pass the examinations. With respect to a

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dental student in his or her final year of dental school, a

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passing score on the examinations is valid for 180 days after

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the date the examinations were completed. A dental school

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student who takes the licensure examinations during his or her

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final year of an approved dental school must have graduated

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before being certified for licensure pursuant to s. 466.011.

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Dental Examiners dental examination within 10 years beforeof

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the date of application.

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Section 4. Section 466.0065, Florida Statutes, is created

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to read:

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466.0065 Regional licensure examinations.--

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(1) It is the intent of the Legislature that schools of

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dentistry be allowed to offer regional licensure examinations to

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dental students who are in the final year of an approved dental

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school for the sole purpose of facilitating the student's

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licensing in other jurisdictions. This section does not allow a

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person to be licensed as a dentist in this state without taking

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the examinations as set forth in s. 466.006, nor does this

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section mean that regional examinations administered under this

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section may be substituted for complying with testing

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requirements under s. 466.006.

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(2) Each school of dentistry in this state which is

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accredited by the Commission on Accreditation of the American

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Dental Association or its successor agency may, upon written

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approval by the Board of Dentistry, offer regional licensure

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examinations only to dental students in the final year of an

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approved dental school, if the board has approved the hosting

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school's submitted written plan to comply with the following

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conditions:

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(a) The examining body must be a member of the American

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Association of Dental Examiners.

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(b) The student must have successfully completed parts I

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and II of the National Board of Dental Examiners dental

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examination within 2 years before taking the regional

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examination.

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in amounts that the board determines to be sufficient to cover

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any reasonably foreseeable incident of harm to a patient during

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the clinical portion of the regional examination.

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(d) At least one of the examination monitors must be a

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Florida-licensed dentist who has completed all necessary

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standardization exercises required by the regional examination

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body.

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(e) Adequate arrangements must be made, when necessary,

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for patients who require followup care as a result of procedures

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performed during the clinical portion of the regional

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examination.

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(f) The board chair or the chair's designee must be

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allowed to observe testing while it is in progress.

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(g) Each student, upon applying to take the regional

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examination, must receive written disclosure in at least 12-

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point boldface type which states: "This examination does not

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meet the licensure requirements of chapter 466, Florida

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Statutes, for licensure in the State of Florida. Persons wishing

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to practice dentistry in Florida must pass the Florida licensure

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examinations. For more information on Florida's licensure

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examination procedures, please contact the Florida Board of

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Dentistry."

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(h) The student must be enrolled as a dental student in

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his or her final year of an approved dental school that is

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accredited by the Commission on Accreditation of the American

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Dental Association or its successor agency.

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(i) The student must have completed all the coursework

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necessary to prepare him or her to perform all clinical and

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diagnostic procedures required to pass the regional examination.

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(j) The student's academic record must not include any

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evidence suggesting that the student poses an unreasonable risk

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to any live patients who are required for the clinical portion

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of the regional examination. In order to protect the health and

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safety of the residents of this state, the board may request

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additional information and documents pertaining to the

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candidate's mental and physical health in order to fully assess

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the candidate's fitness to engage in exercises involving a live

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patient.

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(3) Neither a student who takes the examination pursuant

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to this section, nor a dental school submitting a plan pursuant

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to this section, nor a regional examination body which a dental

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school proposed to host pursuant to this section has standing to

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assert that a state agency has taken action for which a hearing

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may be sought under ss. 120.569 and 120.57.

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Section 5. Paragraph (e) of subsection (2) of section

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381.7353, Florida Statutes, is amended to read:

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381.7353 Reducing Racial and Ethnic Health Disparities:

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Closing the Gap grant program; administration; department

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duties.--

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(2) The department shall:

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(e) Coordinate with existing community-based programs,

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such as chronic disease community intervention programs, cancer

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prevention and control programs, diabetes control programs, oral

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health care programs,the Healthy Start program, the Florida

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Kidcare program, the HIV/AIDS program, immunization programs,

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and other related programs at the state and local levels, to

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avoid duplication of effort and promote consistency.

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Section 6. Paragraph (a) of subsection (2) of section

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381.7355, Florida Statutes, is amended to read:

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381.7355 Project requirements; review criteria.--

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(2) A proposal must include each of the following

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elements:

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(a) The purpose and objectives of the proposal, including

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identification of the particular racial or ethnic disparity the

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project will address. The proposal must address one or more of

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the following priority areas:

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1. Decreasing racial and ethnic disparities in maternal

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and infant mortality rates.

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2. Decreasing racial and ethnic disparities in morbidity

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and mortality rates relating to cancer.

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3. Decreasing racial and ethnic disparities in morbidity

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and mortality rates relating to HIV/AIDS.

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4. Decreasing racial and ethnic disparities in morbidity

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and mortality rates relating to cardiovascular disease.

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5. Decreasing racial and ethnic disparities in morbidity

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and mortality rates relating to diabetes.

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6. Increasing adult and child immunization rates in

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certain racial and ethnic populations.

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7. Decreasing racial and ethnic disparities in oral health

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care.

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Section 7. This act shall take effect July 1, 2003.