Senate Bill sb2574

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    Florida Senate - 2005                                  SB 2574

    By Senator Atwater





    25-1184-05

  1                      A bill to be entitled

  2         An act relating to dentistry; amending s.

  3         466.004, F.S.; limiting the time a member may

  4         serve on the Board of Dentistry; amending s.

  5         466.006, F.S.; clarifying examination

  6         provisions; amending s. 466.007, F.S.; reducing

  7         the postsecondary education required to take

  8         the licensing examination; amending s.

  9         466.0135, F.S.; authorizing the board to

10         authorize a continuing education

11         practice-management course; amending s.

12         466.021, F.S.; increasing the time that certain

13         work orders must be retained; amending s.

14         466.025, F.S.; providing for the board to issue

15         temporary certificates to certain unlicensed

16         persons practicing in government facilities;

17         providing an effective date.

18  

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

20  

21         Section 1.  Subsection (1) of section 466.004, Florida

22  Statutes, is amended to read:

23         466.004  Board of Dentistry.--

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

25  is created within the department the Board of Dentistry

26  consisting of 11 members who shall be appointed by the

27  Governor and subject to confirmation by the Senate. Seven

28  members of the board must be licensed dentists actively

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

30  two members must be licensed dental hygienists actively

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

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    Florida Senate - 2005                                  SB 2574
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 1  the remaining two members must be laypersons who are not, and

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

 3  any closely related profession or occupation. Each member of

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

 5  engaged in the practice of dentistry primarily as a clinical

 6  practitioner for at least 5 years immediately preceding the

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

 8  primarily in clinical practice during all subsequent periods

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

10  connected in any way with any dental college or community

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

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

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

14  than a total of 10 years.

15         Section 2.  Subsection (4) of section 466.006, Florida

16  Statutes, is amended to read:

17         466.006  Examination of dentists.--

18         (4)  Notwithstanding s. 456.017(1)(c), to be licensed

19  as a dentist in this state, an applicant must successfully

20  complete the following:

21         (a)  A written examination on the laws and rules of the

22  state regulating the practice of dentistry;

23         (b)1.  A practical or clinical examination, which shall

24  be administered and graded by dentists licensed in this state

25  and employed by the department for just such purpose.  The

26  practical examination shall include:

27         a.  Two restorations, and the board by rule shall

28  determine the class of such restorations and whether they

29  shall be performed on mannequins, live patients, or both.  At

30  least one restoration shall be on a live patient;

31  

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    Florida Senate - 2005                                  SB 2574
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 1         b.  A demonstration of periodontal skills on a live

 2  patient;

 3         c.  A demonstration of prosthetics and restorative

 4  skills in complete and partial dentures and crowns and bridges

 5  and the utilization of practical methods of evaluation,

 6  specifically including the evaluation by the candidate of

 7  completed laboratory products such as, but not limited to,

 8  crowns and inlays filled to prepared model teeth;

 9         d.  A demonstration of restorative skills on a

10  mannequin which requires the candidate to complete procedures

11  performed in preparation for a cast restoration; and

12         e.  A demonstration of endodontic skills.

13         2.  The department shall consult with the board in

14  planning the times, places, physical facilities, training of

15  personnel, and other arrangements concerning the

16  administration of the examination.  The board or a duly

17  designated committee thereof shall approve the final plans for

18  the administration of the examination.

19         3.  If the applicant fails to pass the clinical

20  examination in three attempts, the applicant shall not be

21  eligible for reexamination unless she or he completes

22  additional educational requirements established by the board;

23  and

24         (c)  A diagnostic skills examination demonstrating

25  ability to diagnose conditions within the human oral cavity

26  and its adjacent tissues and structures from photographs,

27  slides, radiographs, or models pursuant to rules of the board.

28  If an applicant fails to pass the diagnostic skills

29  examination in three attempts, the applicant shall not be

30  eligible for reexamination unless she or he completes

31  additional educational requirements established by the board.

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 1         (d)  The board may by rule provide for additional

 2  procedures which are to be tested, provided such procedures

 3  shall be common to the practice of general dentistry.  The

 4  board by rule shall determine the passing grade for each

 5  procedure and the acceptable variation for examiners.  No such

 6  rule shall apply retroactively.

 7  

 8  The department shall require a mandatory standardization

 9  exercise for all examiners prior to each practical or clinical

10  examination and shall retain for employment only those

11  dentists who have substantially adhered to the standard of

12  grading established at such exercise.

13         Section 3.  Paragraph (a) of subsection (3) of section

14  466.007, Florida Statutes, is amended to read:

15         466.007  Examination of dental hygienists.--

16         (3)  A graduate of a dental college or school shall be

17  entitled to take the examinations required in this section to

18  practice dental hygiene in this state if, in addition to the

19  requirements specified in subsection (2), the graduate meets

20  the following requirements:

21         (a)  Submits the following credentials for review by

22  the board:

23         1.  Transcripts totaling of predental education and

24  dental education totaling 5 academic years of postsecondary

25  education, including 4 academic years of postsecondary dental

26  education; and

27         2.  A dental school diploma which is comparable to a

28  D.D.S. or D.M.D.

29  

30  Such credentials shall be submitted in a manner provided by

31  rule of the board.  The board shall approve those credentials

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 1  which comply with this paragraph and with rules of the board

 2  adopted pursuant to this paragraph.  The provisions of this

 3  paragraph notwithstanding, an applicant of a foreign dental

 4  college or school not accredited in accordance with s.

 5  466.006(2)(b) who cannot produce the credentials required by

 6  this paragraph, as a result of political or other conditions

 7  in the country in which the applicant received his or her

 8  education, may seek the board's approval of his or her

 9  educational background by submitting, in lieu of the

10  credentials required in this paragraph, such other reasonable

11  and reliable evidence as may be set forth by board rule.  The

12  board shall not accept such other evidence until it has made a

13  reasonable attempt to obtain the credentials required by this

14  paragraph from the educational institutions the applicant is

15  alleged to have attended, unless the board is otherwise

16  satisfied that such credentials cannot be obtained.

17         Section 4.  Subsection (1) of section 466.0135, Florida

18  Statutes, is amended to read:

19         466.0135  Continuing education; dentists.--

20         (1)  In addition to the other requirements for renewal

21  set out in this chapter, each licensed dentist shall be

22  required to complete biennially not less than 30 hours of

23  continuing professional education in dental subjects. Programs

24  of continuing education shall be programs of learning that

25  contribute directly to the dental education of the dentist and

26  may include, but shall not be limited to, attendance at

27  lectures, study clubs, college postgraduate courses, or

28  scientific sessions of conventions; and research, graduate

29  study, teaching, or service as a clinician. Programs of

30  continuing education shall be acceptable when adhering to the

31  following general guidelines:

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 1         (a)  The aim of continuing education for dentists is to

 2  improve all phases of dental health care delivery to the

 3  public.

 4         (b)  Continuing education courses shall address one or

 5  more of the following areas of professional development,

 6  including, but not limited to:

 7         1.  Basic medical and scientific subjects, including,

 8  but not limited to, biology, physiology, pathology,

 9  biochemistry, and pharmacology;

10         2.  Clinical and technological subjects, including, but

11  not limited to, clinical techniques and procedures, materials,

12  and equipment; and

13         3.  Subjects pertinent to oral health and safety.

14         (c)  The board may also authorize up to three hours of

15  credit biennially for a practice-management course that

16  includes principles of ethical practice management, provides

17  substance abuse, effective communication with patients, time

18  management, and burn-out prevention instruction.

19         (d)(c)  Continuing education credits shall be earned at

20  the rate of one-half credit hour per 25-30 contact minutes of

21  instruction and one credit hour per 50-60 contact minutes of

22  instruction.

23         Section 5.  Section 466.021, Florida Statutes, is

24  amended to read:

25         466.021  Employment of unlicensed persons by dentist;

26  penalty.--Every duly licensed dentist who uses the services of

27  any unlicensed person for the purpose of constructing,

28  altering, repairing, or duplicating any denture, partial

29  denture, bridge splint, or orthodontic or prosthetic appliance

30  shall be required to furnish such unlicensed person with a

31  written work order in such form as prescribed by rule of the

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    Florida Senate - 2005                                  SB 2574
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 1  board. This form shall be dated and signed by such dentist and

 2  shall include the patient's name or number with sufficient

 3  descriptive information to clearly identify the case for each

 4  separate and individual piece of work. A copy of such work

 5  order shall be retained in a permanent file in the dentist's

 6  office for a period of 4 2 years, and the original work order

 7  shall be retained in a permanent file for a period of 4 2

 8  years by such unlicensed person in her or his place of

 9  business. Such permanent file of work orders to be kept by

10  such dentist or by such unlicensed person shall be open to

11  inspection at any reasonable time by the department or its

12  duly constituted agent. Failure of the dentist to keep such

13  permanent records of such work orders shall subject the

14  dentist to suspension or revocation of her or his license to

15  practice dentistry. Failure of such unlicensed person to have

16  in her or his possession a work order as required by this

17  section shall be admissible evidence of a violation of this

18  chapter and shall constitute a misdemeanor of the second

19  degree, punishable as provided in s. 775.082 or s. 775.083.

20  Nothing in This section does not shall preclude a registered

21  dental laboratory from working for another registered dental

22  laboratory, provided that such work is performed pursuant to

23  written authorization, in a form to be prescribed by rule of

24  the board, which evidences that the originating laboratory has

25  obtained a valid work order and which sets forth the work to

26  be performed. Furthermore, nothing in This section does not

27  shall preclude a registered laboratory from providing its

28  services to dentists licensed and practicing in another state,

29  provided that such work is requested or otherwise authorized

30  in written form which clearly identifies the name and address

31  

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    Florida Senate - 2005                                  SB 2574
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 1  of the requesting dentist and which sets forth the work to be

 2  performed.

 3         Section 6.  Subsection (2) of section 466.025, Florida

 4  Statutes, is amended to read:

 5         466.025  Permitting of dental interns serving at state

 6  institutions; certification of dentists practicing at

 7  government facilities; permitting of nonprofit corporations.--

 8         (2)  The department shall have the authority to issue

 9  temporary certificates to graduates of accredited dental

10  schools dentists to practice in state and county government

11  facilities, working under the general supervision of licensed

12  dentists of this state in the state or county facility,

13  provided such certificates shall be issued only to graduates

14  of schools approved by the board and further subject to

15  cancellation for just cause.  A certificate issued under this

16  section is valid only for such time as the dentist remains

17  employed by a state or county government facility.

18         Section 7.  This act shall take effect July 1, 2005.

19  

20            *****************************************

21                          SENATE SUMMARY

22    Revises provisions relating to the practice of dentistry.
      Limits service on the Board of Dentistry. Clarifies
23    examination provisions. Revises certain educational
      requirements to take the licensure examination.
24    Authorizes additional continuing education. Increases a
      recordkeeping requirement. Authorizes the issuance of
25    temporary licenses to certain unlicensed persons.

26  

27  

28  

29  

30  

31  

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