HB 0325CS

CHAMBER ACTION




1The Health Care Regulation Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to dentistry; amending s. 466.004, F.S.;
7providing Board of Dentistry membership term limits;
8amending s. 466.006, F.S.; clarifying the requirements to
9be licensed as a dentist; amending s. 466.007, F.S.;
10revising postsecondary education requirements to sit for
11the dental hygiene examination; amending s. 466.0135,
12F.S.; authorizing a continuing education course in
13practice management; amending s. 466.021, F.S.; increasing
14storage requirements for work orders; amending s. 466.025,
15F.S.; clarifying that temporary certificates to practice
16in state and county government facilities be issued only
17to graduates of accredited dental schools; providing an
18effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  Subsection (1) of section 466.004, Florida
23Statutes, is amended to read:
24     466.004  Board of Dentistry.--
25     (1)  To carry out the provisions of this chapter, there is
26created within the department the Board of Dentistry consisting
27of 11 members who shall be appointed by the Governor and subject
28to confirmation by the Senate. Seven members of the board must
29be licensed dentists actively engaged in the clinical practice
30of dentistry in this state; two members must be licensed dental
31hygienists actively engaged in the practice of dental hygiene in
32this state; and the remaining two members must be laypersons who
33are not, and have never been, dentists, dental hygienists, or
34members of any closely related profession or occupation. Each
35member of the board who is a licensed dentist must have been
36actively engaged in the practice of dentistry primarily as a
37clinical practitioner for at least 5 years immediately preceding
38the date of her or his appointment to the board and must remain
39primarily in clinical practice during all subsequent periods of
40appointment to the board. Each member of the board who is
41connected in any way with any dental college or community
42college must be in compliance with s. 456.007. At least one
43member of the board must be 60 years of age or older. Members
44shall be appointed for 4-year terms; however, no member may
45serve more than 10 cumulative years.
46     Section 2.  Subsection (4) of section 466.006, Florida
47Statutes, is amended to read:
48     466.006  Examination of dentists.--
49     (4)  Notwithstanding s. 456.017(1)(c), to be licensed as a
50dentist in this state, an applicant must successfully complete
51the following:
52     (a)  A written examination on the laws and rules of the
53state regulating the practice of dentistry;
54     (b)1.  A practical or clinical examination, which shall be
55administered and graded by dentists licensed in this state and
56employed by the department for just such purpose. The practical
57examination shall include:
58     a.  Two restorations, and the board by rule shall determine
59the class of such restorations and whether they shall be
60performed on mannequins, live patients, or both. At least one
61restoration shall be on a live patient;
62     b.  A demonstration of periodontal skills on a live
63patient;
64     c.  A demonstration of prosthetics and restorative skills
65in complete and partial dentures and crowns and bridges and the
66utilization of practical methods of evaluation, specifically
67including the evaluation by the candidate of completed
68laboratory products such as, but not limited to, crowns and
69inlays filled to prepared model teeth;
70     d.  A demonstration of restorative skills on a mannequin
71which requires the candidate to complete procedures performed in
72preparation for a cast restoration; and
73     e.  A demonstration of endodontic skills.
74     2.  The department shall consult with the board in planning
75the times, places, physical facilities, training of personnel,
76and other arrangements concerning the administration of the
77examination. The board or a duly designated committee thereof
78shall approve the final plans for the administration of the
79examination.
80     3.  If the applicant fails to pass the clinical examination
81in three attempts, the applicant shall not be eligible for
82reexamination unless she or he completes additional educational
83requirements established by the board; and
84     (c)  A diagnostic skills examination demonstrating ability
85to diagnose conditions within the human oral cavity and its
86adjacent tissues and structures from photographs, slides,
87radiographs, or models pursuant to rules of the board. If an
88applicant fails to pass the diagnostic skills examination in
89three attempts, the applicant shall not be eligible for
90reexamination unless she or he completes additional educational
91requirements established by the board.
92     (d)  The board may by rule provide for additional
93procedures which are to be tested, provided such procedures
94shall be common to the practice of general dentistry. The board
95by rule shall determine the passing grade for each procedure and
96the acceptable variation for examiners. No such rule shall apply
97retroactively.
98
99The department shall require a mandatory standardization
100exercise for all examiners prior to each practical or clinical
101examination and shall retain for employment only those dentists
102who have substantially adhered to the standard of grading
103established at such exercise.
104     Section 3.  Paragraph (a) of subsection (3) of section
105466.007, Florida Statutes, is amended to read:
106     466.007  Examination of dental hygienists.--
107     (3)  A graduate of a dental college or school shall be
108entitled to take the examinations required in this section to
109practice dental hygiene in this state if, in addition to the
110requirements specified in subsection (2), the graduate meets the
111following requirements:
112     (a)  Submits the following credentials for review by the
113board:
114     1.  Transcripts totaling of predental education and dental
115education totaling 5 academic years of postsecondary education,
116including 4 academic years of postsecondary dental education;
117and
118     2.  A dental school diploma which is comparable to a D.D.S.
119or D.M.D.
120
121Such credentials shall be submitted in a manner provided by rule
122of the board. The board shall approve those credentials which
123comply with this paragraph and with rules of the board adopted
124under pursuant to this paragraph. The provisions of this
125paragraph notwithstanding, an applicant of a foreign dental
126college or school not accredited in accordance with s.
127466.006(2)(b) who cannot produce the credentials required by
128this paragraph, as a result of political or other conditions in
129the country in which the applicant received his or her
130education, may seek the board's approval of his or her
131educational background by submitting, in lieu of the credentials
132required in this paragraph, such other reasonable and reliable
133evidence as may be set forth by board rule. The board shall not
134accept such other evidence until it has made a reasonable
135attempt to obtain the credentials required by this paragraph
136from the educational institutions the applicant is alleged to
137have attended, unless the board is otherwise satisfied that such
138credentials cannot be obtained.
139     Section 4.  Paragraph (b) of subsection (1) of section
140466.0135, Florida Statutes, is amended to read:
141     466.0135  Continuing education; dentists.--
142     (1)  In addition to the other requirements for renewal set
143out in this chapter, each licensed dentist shall be required to
144complete biennially not less than 30 hours of continuing
145professional education in dental subjects. Programs of
146continuing education shall be programs of learning that
147contribute directly to the dental education of the dentist and
148may include, but shall not be limited to, attendance at
149lectures, study clubs, college postgraduate courses, or
150scientific sessions of conventions; and research, graduate
151study, teaching, or service as a clinician. Programs of
152continuing education shall be acceptable when adhering to the
153following general guidelines:
154     (b)  Continuing education courses shall address one or more
155of the following areas of professional development, including,
156but not limited to:
157     1.  Basic medical and scientific subjects, including, but
158not limited to, biology, physiology, pathology, biochemistry,
159and pharmacology;
160     2.  Clinical and technological subjects, including, but not
161limited to, clinical techniques and procedures, materials, and
162equipment; and
163     3.  Subjects pertinent to oral health and safety.
164
165Additionally, the board may authorize up to 3 credit hours
166biennially for a course on practice management that includes,
167but is not limited to, principles of ethical practice
168management, provider substance abuse, effective communications
169with patients, time management, and burnout prevention.
170     Section 5.  Section 466.021, Florida Statutes, is amended
171to read:
172     466.021  Employment of unlicensed persons by dentist;
173penalty.--Every duly licensed dentist who uses the services of
174any unlicensed person for the purpose of constructing, altering,
175repairing, or duplicating any denture, partial denture, bridge
176splint, or orthodontic or prosthetic appliance shall be required
177to furnish such unlicensed person with a written work order in
178such form as prescribed by rule of the board. This form shall be
179dated and signed by such dentist and shall include the patient's
180name or number with sufficient descriptive information to
181clearly identify the case for each separate and individual piece
182of work. A copy of such work order shall be retained in a
183permanent file in the dentist's office for a period of 4 2
184years, and the original work order shall be retained in a
185permanent file for a period of 4 2 years by such unlicensed
186person in her or his place of business. Such permanent file of
187work orders to be kept by such dentist or by such unlicensed
188person shall be open to inspection at any reasonable time by the
189department or its duly constituted agent. Failure of the dentist
190to keep such permanent records of such work orders shall subject
191the dentist to suspension or revocation of her or his license to
192practice dentistry. Failure of such unlicensed person to have in
193her or his possession a work order as required by this section
194shall be admissible evidence of a violation of this chapter and
195shall constitute a misdemeanor of the second degree, punishable
196as provided in s. 775.082 or s. 775.083. Nothing in this section
197shall preclude a registered dental laboratory from working for
198another registered dental laboratory, provided that such work is
199performed pursuant to written authorization, in a form to be
200prescribed by rule of the board, which evidences that the
201originating laboratory has obtained a valid work order and which
202sets forth the work to be performed. Furthermore, nothing in
203this section does not shall preclude a registered laboratory
204from providing its services to dentists licensed and practicing
205in another state, provided that such work is requested or
206otherwise authorized in written form which clearly identifies
207the name and address of the requesting dentist and which sets
208forth the work to be performed.
209     Section 6.  Subsection (2) of section 466.025, Florida
210Statutes, is amended to read:
211     466.025  Permitting of dental interns serving at state
212institutions; certification of dentists practicing at government
213facilities; permitting of nonprofit corporations.--
214     (2)  The department shall have the authority to issue
215temporary certificates to graduates of accredited dental schools
216dentists to practice in state and county government facilities,
217working under the general supervision of licensed dentists of
218this state in the state or county facility, provided such
219certificates shall be issued only to graduates of schools
220approved by the board and further subject to cancellation for
221just cause. A certificate issued under this section is valid
222only for such time as the dentist remains employed by a state or
223county government facility.
224     Section 7.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.