Senate Bill sb2230c1

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    Florida Senate - 2005                           CS for SB 2230

    By the Committee on Health Care; and Senator Atwater





    587-2302-05

  1                      A bill to be entitled

  2         An act relating to dentistry; amending s.

  3         466.002, F.S.; exempting certain dental

  4         instructors from the requirements of ch. 466,

  5         F.S., relating to dentistry, dental hygiene,

  6         and dental laboratories; amending s. 466.004,

  7         F.S.; limiting the time a member may serve on

  8         the Board of Dentistry; revising requirements

  9         for appointment to the Council on Dental

10         Hygiene; revising meeting times for the

11         council; revising requirements for the

12         council's rule and policy recommendations;

13         providing an effective date.

14  

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

16  

17         Section 1.  Subsection (6) of section 466.002, Florida

18  Statutes, is amended to read:

19         466.002  Persons exempt from operation of

20  chapter.--Nothing in this chapter shall apply to the following

21  practices, acts, and operations:

22         (6)  Instructors in Florida schools of dentistry,

23  instructors in dental programs that prepare persons holding

24  D.M.D. or D.D.S. degrees for speciality board certification

25  wherein such programs have U.S. accreditation by January 1,

26  2005, in the same manner as the board recognizes accreditation

27  for Florida schools of dentistry but that are not otherwise

28  affiliated with a Florida school of dentistry, or instructors

29  in Florida schools of dental hygiene or dental assistant

30  educational programs, while performing regularly assigned

31  instructional duties under the curriculum of such schools. A

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    Florida Senate - 2005                           CS for SB 2230
    587-2302-05




 1  full-time dental instructor at a dental school or dental

 2  program approved by the board may be allowed to practice

 3  dentistry at the teaching facilities of such school or

 4  program, upon receiving a teaching permit issued by the board,

 5  in strict compliance with such rules as are adopted by the

 6  board pertaining to the teaching permit and with the

 7  established rules and procedures of the dental school or

 8  program as recognized in this subsection.

 9         Section 2.  Subsection (1) and paragraph (a) of

10  subsection (2) of section 466.004, Florida Statutes, are

11  amended to read:

12         466.004  Board of Dentistry.--

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

14  is created within the department the Board of Dentistry

15  consisting of 11 members who shall be appointed by the

16  Governor and subject to confirmation by the Senate. Seven

17  members of the board must be licensed dentists actively

18  engaged in the clinical practice of dentistry in this state;

19  two members must be licensed dental hygienists actively

20  engaged in the practice of dental hygiene in this state; and

21  the remaining two members must be laypersons who are not, and

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

23  any closely related profession or occupation. Each member of

24  the board who is a licensed dentist must have been actively

25  engaged in the practice of dentistry primarily as a clinical

26  practitioner for at least 5 years immediately preceding the

27  date of her or his appointment to the board and must remain

28  primarily in clinical practice during all subsequent periods

29  of appointment to the board. Each member of the board who is

30  connected in any way with any dental college or community

31  college must be in compliance with s. 456.007. At least one

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    Florida Senate - 2005                           CS for SB 2230
    587-2302-05




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

 2  shall be appointed for 4-year terms, but may serve no more

 3  than a total of 10 years.

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

 5  Legislature that councils be appointed as specified in

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

 7  administrative support to the councils and shall provide

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

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

10  council and shall include nonboard members. All council

11  members shall be appointed by the board chair.  Council

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

13  shall be eligible for reimbursement of expenses in the manner

14  of board members.

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

16  the board chair and shall include one dental hygienist member

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

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

19  engaged in the practice of dental hygiene in this state. In

20  making the appointments, the chair shall consider

21  recommendations from the Florida Dental Hygienists

22  Association. The council shall meet at the request of the

23  board chair, a majority of the members of the board, or the

24  council chair; however, the council must meet at least three

25  times a year. The council is charged with the responsibility

26  of and shall meet for the purpose of developing rules and

27  policies for recommendation to the board, which the board

28  shall consider, on matters pertaining to that part of

29  dentistry consisting of educational, preventive, or

30  therapeutic dental hygiene services; dental hygiene licensure,

31  discipline, or regulation; and dental hygiene education. Rule

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    Florida Senate - 2005                           CS for SB 2230
    587-2302-05




 1  and policy recommendations of the council shall be considered

 2  by the board at its next regularly scheduled meeting in the

 3  same manner in which it considers rule and policy

 4  recommendations from designated subcommittees of the board.

 5  Any rule or policy proposed by the board pertaining to the

 6  specified part of dentistry defined by this subsection shall

 7  be referred to the council for a recommendation before final

 8  action by the board. The board may take final action on rules

 9  pertaining to the specified part of dentistry defined by this

10  subsection without a council recommendation if the council

11  fails to submit a recommendation in a timely fashion as

12  prescribed by the board.

13         Section 3.  This act shall take effect July 1, 2005.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 2230

17                                 

18  The committee substitute exempts certain dental instructors
    from the requirements of the dental practice act. The bill
19  limits the number of years that a member of the Board of
    Dentistry may serve on the board to a total of 10 years and
20  revises the manner in which dental hygienist members are
    appointed to the board. The bill no longer revises the scope
21  and area of practice of dental hygiene.

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