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
                                  1
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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
                                  2
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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
                                  3
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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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