Senate Bill sb2574er

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    2005 Legislature                        SB 2574, 1st Engrossed



  1                                 

  2         An act relating to dentistry; amending s.

  3         466.002, F.S.; revising an exemption from the

  4         application of ch. 466, F.S., to include

  5         certain instructors; amending s. 466.004, F.S.;

  6         limiting the time a member may serve on the

  7         Board of Dentistry; revising requirements for

  8         appointment to the Council on Dental Hygiene;

  9         revising meeting times for the council;

10         revising requirements for the council's rule

11         and policy recommendations; amending s.

12         466.006, F.S.; clarifying examination

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

14         the postsecondary education required to take

15         the licensing examination; amending s.

16         466.0135, F.S.; authorizing the board to

17         authorize a continuing education

18         practice-management course; amending s.

19         466.021, F.S.; increasing the time that certain

20         work orders must be retained; amending s.

21         466.025, F.S.; providing for the board to issue

22         temporary certificates to certain unlicensed

23         persons practicing in government facilities;

24         providing an effective date.

25  

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

27  

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

29  Statutes, is amended to read:

30  

31  


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 1         466.002  Persons exempt from operation of

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

 3  practices, acts, and operations:

 4         (6)  Instructors in Florida schools of dentistry,

 5  instructors in dental programs that prepare persons holding

 6  D.D.S. or D.M.D. degrees for certification by a specialty

 7  board and that are accredited in the United States by January

 8  1, 2005, in the same manner as the board recognizes

 9  accreditation for Florida schools of dentistry that are not

10  otherwise affiliated with a Florida school of dentistry, or

11  instructors in Florida schools of or dental hygiene or dental

12  assistant educational programs, while performing regularly

13  assigned instructional duties under the curriculum of such

14  schools. A full-time dental instructor at a dental school  or

15  dental program approved by the board may be allowed to

16  practice dentistry at the teaching facilities of such school

17  or program, upon receiving a teaching permit issued by the

18  board, in strict compliance with such rules as are adopted by

19  the board pertaining to the teaching permit and with the

20  established rules and procedures of the dental school or

21  program as recognized in this section.

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

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

24  amended to read:

25         466.004  Board of Dentistry.--

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

27  is created within the department the Board of Dentistry

28  consisting of 11 members who shall be appointed by the

29  Governor and subject to confirmation by the Senate. Seven

30  members of the board must be licensed dentists actively

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


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 1  two members must be licensed dental hygienists actively

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

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

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

 5  any closely related profession or occupation. Each member of

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

 7  engaged in the practice of dentistry primarily as a clinical

 8  practitioner for at least 5 years immediately preceding the

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

10  primarily in clinical practice during all subsequent periods

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

12  connected in any way with any dental college or community

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

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

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

16  than a total of 10 years.

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

18  Legislature that councils be appointed as specified in

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

20  administrative support to the councils and shall provide

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

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

23  council and shall include nonboard members. All council

24  members shall be appointed by the board chair.  Council

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

26  shall be eligible for reimbursement of expenses in the manner

27  of board members.

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

29  the board chair and shall include one dental hygienist member

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

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


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

 2  making the appointments, the chair shall consider

 3  recommendations from the Florida Dental Hygienists

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

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

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

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

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

 9  policies for recommendation to the board, which the board

10  shall consider, on matters pertaining to that part of

11  dentistry consisting of educational, preventive, or

12  therapeutic dental hygiene services; dental hygiene licensure,

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

14  and policy recommendations of the council shall be considered

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

16  same manner in which it considers rule and policy

17  recommendations from designated subcommittees of the board.

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

19  specified part of dentistry defined by this subsection shall

20  be referred to the council for a recommendation before final

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

22  pertaining to the specified part of dentistry defined by this

23  subsection without a council recommendation if the council

24  fails to submit a recommendation in a timely fashion as

25  prescribed by the board.

26         Section 3.  Subsection (4) of section 466.006, Florida

27  Statutes, is amended to read:

28         466.006  Examination of dentists.--

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

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

31  complete the following:


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

 2  state regulating the practice of dentistry;

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

 4  be administered and graded by dentists licensed in this state

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

 6  practical examination shall include:

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

 8  determine the class of such restorations and whether they

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

10  least one restoration shall be on a live patient;

11         b.  A demonstration of periodontal skills on a live

12  patient;

13         c.  A demonstration of prosthetics and restorative

14  skills in complete and partial dentures and crowns and bridges

15  and the utilization of practical methods of evaluation,

16  specifically including the evaluation by the candidate of

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

18  crowns and inlays filled to prepared model teeth;

19         d.  A demonstration of restorative skills on a

20  mannequin which requires the candidate to complete procedures

21  performed in preparation for a cast restoration; and

22         e.  A demonstration of endodontic skills.

23         2.  The department shall consult with the board in

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

25  personnel, and other arrangements concerning the

26  administration of the examination.  The board or a duly

27  designated committee thereof shall approve the final plans for

28  the administration of the examination.

29         3.  If the applicant fails to pass the clinical

30  examination in three attempts, the applicant shall not be

31  eligible for reexamination unless she or he completes


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 1  additional educational requirements established by the board;

 2  and

 3         (c)  A diagnostic skills examination demonstrating

 4  ability to diagnose conditions within the human oral cavity

 5  and its adjacent tissues and structures from photographs,

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

 7  If an applicant fails to pass the diagnostic skills

 8  examination in three attempts, the applicant shall not be

 9  eligible for reexamination unless she or he completes

10  additional educational requirements established by the board.

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

12  procedures which are to be tested, provided such procedures

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

14  board by rule shall determine the passing grade for each

15  procedure and the acceptable variation for examiners.  No such

16  rule shall apply retroactively.

17  

18  The department shall require a mandatory standardization

19  exercise for all examiners prior to each practical or clinical

20  examination and shall retain for employment only those

21  dentists who have substantially adhered to the standard of

22  grading established at such exercise.

23         Section 4.  Paragraph (a) of subsection (3) of section

24  466.007, Florida Statutes, is amended to read:

25         466.007  Examination of dental hygienists.--

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

27  entitled to take the examinations required in this section to

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

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

30  the following requirements:

31  


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 1         (a)  Submits the following credentials for review by

 2  the board:

 3         1.  Transcripts totaling of predental education and

 4  dental education totaling 5 academic years of postsecondary

 5  education, including 4 academic years of postsecondary dental

 6  education; and

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

 8  D.D.S. or D.M.D.

 9  

10  Such credentials shall be submitted in a manner provided by

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

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

13  adopted pursuant to this paragraph.  The provisions of this

14  paragraph notwithstanding, an applicant of a foreign dental

15  college or school not accredited in accordance with s.

16  466.006(2)(b) who cannot produce the credentials required by

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

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

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

20  educational background by submitting, in lieu of the

21  credentials required in this paragraph, such other reasonable

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

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

24  reasonable attempt to obtain the credentials required by this

25  paragraph from the educational institutions the applicant is

26  alleged to have attended, unless the board is otherwise

27  satisfied that such credentials cannot be obtained.

28         Section 5.  Subsection (1) of section 466.0135, Florida

29  Statutes, is amended to read:

30         466.0135  Continuing education; dentists.--

31  


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

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

 3  required to complete biennially not less than 30 hours of

 4  continuing professional education in dental subjects. Programs

 5  of continuing education shall be programs of learning that

 6  contribute directly to the dental education of the dentist and

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

 8  lectures, study clubs, college postgraduate courses, or

 9  scientific sessions of conventions; and research, graduate

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

11  continuing education shall be acceptable when adhering to the

12  following general guidelines:

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

14  improve all phases of dental health care delivery to the

15  public.

16         (b)  Continuing education courses shall address one or

17  more of the following areas of professional development,

18  including, but not limited to:

19         1.  Basic medical and scientific subjects, including,

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

21  biochemistry, and pharmacology;

22         2.  Clinical and technological subjects, including, but

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

24  and equipment; and

25         3.  Subjects pertinent to oral health and safety.

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

27  credit biennially for a practice-management course that

28  includes principles of ethical practice management, provides

29  substance abuse, effective communication with patients, time

30  management, and burn-out prevention instruction.

31  


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

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

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

 4  instruction.

 5         Section 6.  Section 466.021, Florida Statutes, is

 6  amended to read:

 7         466.021  Employment of unlicensed persons by dentist;

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

 9  any unlicensed person for the purpose of constructing,

10  altering, repairing, or duplicating any denture, partial

11  denture, bridge splint, or orthodontic or prosthetic appliance

12  shall be required to furnish such unlicensed person with a

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

14  board. This form shall be dated and signed by such dentist and

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

16  descriptive information to clearly identify the case for each

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

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

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

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

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

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

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

24  inspection at any reasonable time by the department or its

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

26  permanent records of such work orders shall subject the

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

28  practice dentistry. Failure of such unlicensed person to have

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

30  section shall be admissible evidence of a violation of this

31  chapter and shall constitute a misdemeanor of the second


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

 2  Nothing in This section does not shall preclude a registered

 3  dental laboratory from working for another registered dental

 4  laboratory, provided that such work is performed pursuant to

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

 6  the board, which evidences that the originating laboratory has

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

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

 9  shall preclude a registered laboratory from providing its

10  services to dentists licensed and practicing in another state,

11  provided that such work is requested or otherwise authorized

12  in written form which clearly identifies the name and address

13  of the requesting dentist and which sets forth the work to be

14  performed.

15         Section 7.  Subsection (2) of section 466.025, Florida

16  Statutes, is amended to read:

17         466.025  Permitting of dental interns serving at state

18  institutions; certification of dentists practicing at

19  government facilities; permitting of nonprofit corporations.--

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

21  temporary certificates to graduates of accredited dental

22  schools dentists to practice in state and county government

23  facilities, working under the general supervision of licensed

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

25  provided such certificates shall be issued only to graduates

26  of schools approved by the board and further subject to

27  cancellation for just cause.  A certificate issued under this

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

29  employed by a state or county government facility.

30         Section 8.  This act shall take effect July 1, 2005.

31  


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