| 1 | A bill to be entitled |
| 2 | An act relating to dental hygienists; amending s. 466.004, |
| 3 | F.S.; revising provisions relating to members and meetings |
| 4 | of the Council on Dental Hygiene; providing procedures for |
| 5 | the council and the Board of Dentistry to consider rule |
| 6 | and policy recommendations of the council; amending s. |
| 7 | 466.023, F.S.; expanding the scope and area of practice of |
| 8 | dental hygienists to include practice with physicians; |
| 9 | expanding the scope and area of practice of dental |
| 10 | hygienists to include screening and referral of patients |
| 11 | for comprehensive dental examinations; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. Paragraph (a) of subsection (2) of section |
| 17 | 466.004, Florida Statutes, is amended to read: |
| 18 | 466.004 Board of Dentistry.-- |
| 19 | (2) To advise the board, it is the intent of the |
| 20 | Legislature that councils be appointed as specified in |
| 21 | paragraphs (a), (b), and (c). The department shall provide |
| 22 | administrative support to the councils and shall provide public |
| 23 | notice of meetings and agenda of the councils. Councils shall |
| 24 | include at least one board member who shall chair the council |
| 25 | and shall include nonboard members. All council members shall be |
| 26 | appointed by the board chair. Council members shall be appointed |
| 27 | for 4-year terms, and all members shall be eligible for |
| 28 | reimbursement of expenses in the manner of board members. |
| 29 | (a) A Council on Dental Hygiene shall be appointed by the |
| 30 | board chair and shall include one dental hygienist member of the |
| 31 | board, who shall chair the council, one dental member of the |
| 32 | board, and three dental hygienists recommended by the Florida |
| 33 | Dental Hygiene Association who are actively engaged in the |
| 34 | practice of dental hygiene in this state. The council shall meet |
| 35 | at least three times each calendar year. Additional meetings may |
| 36 | be called at the request of the board chair, a majority of the |
| 37 | members of the board or council, or the council chair. The |
| 38 | council is charged with the responsibility of and shall meet for |
| 39 | the purpose of developing rules and policies for recommendation |
| 40 | to the board, which the board shall consider, on matters |
| 41 | pertaining to that part of dentistry consisting of educational, |
| 42 | preventive, or therapeutic dental hygiene services; dental |
| 43 | hygiene licensure, discipline, or regulation; and dental hygiene |
| 44 | education. Rule and policy recommendations of the council shall |
| 45 | be considered by the board immediately following the submission |
| 46 | of the proposed rule or policy in the same manner as it |
| 47 | considers rule and policy recommendations from designated |
| 48 | subcommittees of the board. Any rule or policy proposed by the |
| 49 | board pertaining to the specified part of dentistry defined by |
| 50 | this paragraph shall be referred to the council for a |
| 51 | recommendation prior to final action by the board. If the board |
| 52 | rejects the council's proposed rule or policy, the board must |
| 53 | specify its objection to the council with particularity and |
| 54 | include any recommendation it may |
| 55 | have for the modification of the proposed rules or policy. |
| 56 | Section 2. Subsections (2) and (3) of section 466.023, |
| 57 | Florida Statutes, are amended to read: |
| 58 | 466.023 Dental hygienists; scope and area of practice.-- |
| 59 | (2) Dental hygienists may perform their duties: |
| 60 | (a) In the office of a licensed dentist or physician; |
| 61 | (b) In public health programs and institutions of the |
| 62 | Department of Children and Family Services, Department of |
| 63 | Health, and Department of Juvenile Justice under the general |
| 64 | supervision of a licensed dentist or physician; or |
| 65 | (c) Upon a patient of record of a dentist or physician who |
| 66 | has issued a prescription for the services of a dental |
| 67 | hygienist, which prescription shall be valid for 2 years unless |
| 68 | a shorter length of time is designated by the dentist or |
| 69 | physician, in: |
| 70 | 1. Licensed public and private health facilities.; |
| 71 | 2. Other public institutions of the state and federal |
| 72 | government.; |
| 73 | 3. Public and private educational institutions.; |
| 74 | 4. The home of a nonambulatory patient.; and |
| 75 | 5. Other places in accordance with the rules of the board. |
| 76 |
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| 77 | However, the dentist or physician issuing such prescription |
| 78 | shall remain responsible for the care of such patient. As used |
| 79 | in this subsection, "patient of record" means a patient upon |
| 80 | whom a dentist or physician has taken a complete medical |
| 81 | history, completed a clinical examination, recorded any |
| 82 | pathological conditions, and prepared a treatment plan. |
| 83 | (3) Dental hygienists may, without supervision, provide |
| 84 | educational programs, faculty or staff training programs, and |
| 85 | authorized fluoride rinse programs; screening and referral of |
| 86 | patients for comprehensive dental examinations at those |
| 87 | facilities, institutions, and places listed under paragraph |
| 88 | (2)(c);, and other services which do not involve diagnosis or |
| 89 | treatment of dental conditions and which services are approved |
| 90 | by rule of the board. Screening results are not a diagnosis for |
| 91 | purposes of this chapter and shall be provided to patients |
| 92 | assessed or to the parents or guardians of minor patients for a |
| 93 | dental referral for diagnosis. |
| 94 | Section 3. This act shall take effect July 1, 2005. |