| 1 | The Health Care Regulation Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to dentistry; amending s. 466.004, F.S.; |
| 7 | providing Board of Dentistry membership term limits; |
| 8 | amending s. 466.006, F.S.; clarifying the requirements to |
| 9 | be licensed as a dentist; amending s. 466.007, F.S.; |
| 10 | revising postsecondary education requirements to sit for |
| 11 | the dental hygiene examination; amending s. 466.0135, |
| 12 | F.S.; authorizing a continuing education course in |
| 13 | practice management; amending s. 466.021, F.S.; increasing |
| 14 | storage requirements for work orders; amending s. 466.025, |
| 15 | F.S.; clarifying that temporary certificates to practice |
| 16 | in state and county government facilities be issued only |
| 17 | to graduates of accredited dental schools; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (1) of section 466.004, Florida |
| 23 | Statutes, is amended to read: |
| 24 | 466.004 Board of Dentistry.-- |
| 25 | (1) To carry out the provisions of this chapter, there is |
| 26 | created within the department the Board of Dentistry consisting |
| 27 | of 11 members who shall be appointed by the Governor and subject |
| 28 | to confirmation by the Senate. Seven members of the board must |
| 29 | be licensed dentists actively engaged in the clinical practice |
| 30 | of dentistry in this state; two members must be licensed dental |
| 31 | hygienists actively engaged in the practice of dental hygiene in |
| 32 | this state; and the remaining two members must be laypersons who |
| 33 | are not, and have never been, dentists, dental hygienists, or |
| 34 | members of any closely related profession or occupation. Each |
| 35 | member of the board who is a licensed dentist must have been |
| 36 | actively engaged in the practice of dentistry primarily as a |
| 37 | clinical practitioner for at least 5 years immediately preceding |
| 38 | the date of her or his appointment to the board and must remain |
| 39 | primarily in clinical practice during all subsequent periods of |
| 40 | appointment to the board. Each member of the board who is |
| 41 | connected in any way with any dental college or community |
| 42 | college must be in compliance with s. 456.007. At least one |
| 43 | member of the board must be 60 years of age or older. Members |
| 44 | shall be appointed for 4-year terms; however, no member may |
| 45 | serve more than 10 cumulative years. |
| 46 | Section 2. Subsection (4) of section 466.006, Florida |
| 47 | Statutes, is amended to read: |
| 48 | 466.006 Examination of dentists.-- |
| 49 | (4) Notwithstanding s. 456.017(1)(c), to be licensed as a |
| 50 | dentist in this state, an applicant must successfully complete |
| 51 | the following: |
| 52 | (a) A written examination on the laws and rules of the |
| 53 | state regulating the practice of dentistry; |
| 54 | (b)1. A practical or clinical examination, which shall be |
| 55 | administered and graded by dentists licensed in this state and |
| 56 | employed by the department for just such purpose. The practical |
| 57 | examination shall include: |
| 58 | a. Two restorations, and the board by rule shall determine |
| 59 | the class of such restorations and whether they shall be |
| 60 | performed on mannequins, live patients, or both. At least one |
| 61 | restoration shall be on a live patient; |
| 62 | b. A demonstration of periodontal skills on a live |
| 63 | patient; |
| 64 | c. A demonstration of prosthetics and restorative skills |
| 65 | in complete and partial dentures and crowns and bridges and the |
| 66 | utilization of practical methods of evaluation, specifically |
| 67 | including the evaluation by the candidate of completed |
| 68 | laboratory products such as, but not limited to, crowns and |
| 69 | inlays filled to prepared model teeth; |
| 70 | d. A demonstration of restorative skills on a mannequin |
| 71 | which requires the candidate to complete procedures performed in |
| 72 | preparation for a cast restoration; and |
| 73 | e. A demonstration of endodontic skills. |
| 74 | 2. The department shall consult with the board in planning |
| 75 | the times, places, physical facilities, training of personnel, |
| 76 | and other arrangements concerning the administration of the |
| 77 | examination. The board or a duly designated committee thereof |
| 78 | shall approve the final plans for the administration of the |
| 79 | examination. |
| 80 | 3. If the applicant fails to pass the clinical examination |
| 81 | in three attempts, the applicant shall not be eligible for |
| 82 | reexamination unless she or he completes additional educational |
| 83 | requirements established by the board; and |
| 84 | (c) A diagnostic skills examination demonstrating ability |
| 85 | to diagnose conditions within the human oral cavity and its |
| 86 | adjacent tissues and structures from photographs, slides, |
| 87 | radiographs, or models pursuant to rules of the board. If an |
| 88 | applicant fails to pass the diagnostic skills examination in |
| 89 | three attempts, the applicant shall not be eligible for |
| 90 | reexamination unless she or he completes additional educational |
| 91 | requirements established by the board. |
| 92 | (d) The board may by rule provide for additional |
| 93 | procedures which are to be tested, provided such procedures |
| 94 | shall be common to the practice of general dentistry. The board |
| 95 | by rule shall determine the passing grade for each procedure and |
| 96 | the acceptable variation for examiners. No such rule shall apply |
| 97 | retroactively. |
| 98 |
|
| 99 | The department shall require a mandatory standardization |
| 100 | exercise for all examiners prior to each practical or clinical |
| 101 | examination and shall retain for employment only those dentists |
| 102 | who have substantially adhered to the standard of grading |
| 103 | established at such exercise. |
| 104 | Section 3. Paragraph (a) of subsection (3) of section |
| 105 | 466.007, 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 |
| 108 | entitled to take the examinations required in this section to |
| 109 | practice dental hygiene in this state if, in addition to the |
| 110 | requirements specified in subsection (2), the graduate meets the |
| 111 | following requirements: |
| 112 | (a) Submits the following credentials for review by the |
| 113 | board: |
| 114 | 1. Transcripts totaling of predental education and dental |
| 115 | education totaling 5 academic years of postsecondary education, |
| 116 | including 4 academic years of postsecondary dental education; |
| 117 | and |
| 118 | 2. A dental school diploma which is comparable to a D.D.S. |
| 119 | or D.M.D. |
| 120 |
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| 121 | Such credentials shall be submitted in a manner provided by rule |
| 122 | of the board. The board shall approve those credentials which |
| 123 | comply with this paragraph and with rules of the board adopted |
| 124 | under pursuant to this paragraph. The provisions of this |
| 125 | paragraph notwithstanding, an applicant of a foreign dental |
| 126 | college or school not accredited in accordance with s. |
| 127 | 466.006(2)(b) who cannot produce the credentials required by |
| 128 | this paragraph, as a result of political or other conditions in |
| 129 | the country in which the applicant received his or her |
| 130 | education, may seek the board's approval of his or her |
| 131 | educational background by submitting, in lieu of the credentials |
| 132 | required in this paragraph, such other reasonable and reliable |
| 133 | evidence as may be set forth by board rule. The board shall not |
| 134 | accept such other evidence until it has made a reasonable |
| 135 | attempt to obtain the credentials required by this paragraph |
| 136 | from the educational institutions the applicant is alleged to |
| 137 | have attended, unless the board is otherwise satisfied that such |
| 138 | credentials cannot be obtained. |
| 139 | Section 4. Paragraph (b) of subsection (1) of section |
| 140 | 466.0135, Florida Statutes, is amended to read: |
| 141 | 466.0135 Continuing education; dentists.-- |
| 142 | (1) In addition to the other requirements for renewal set |
| 143 | out in this chapter, each licensed dentist shall be required to |
| 144 | complete biennially not less than 30 hours of continuing |
| 145 | professional education in dental subjects. Programs of |
| 146 | continuing education shall be programs of learning that |
| 147 | contribute directly to the dental education of the dentist and |
| 148 | may include, but shall not be limited to, attendance at |
| 149 | lectures, study clubs, college postgraduate courses, or |
| 150 | scientific sessions of conventions; and research, graduate |
| 151 | study, teaching, or service as a clinician. Programs of |
| 152 | continuing education shall be acceptable when adhering to the |
| 153 | following general guidelines: |
| 154 | (b) Continuing education courses shall address one or more |
| 155 | of the following areas of professional development, including, |
| 156 | but not limited to: |
| 157 | 1. Basic medical and scientific subjects, including, but |
| 158 | not limited to, biology, physiology, pathology, biochemistry, |
| 159 | and pharmacology; |
| 160 | 2. Clinical and technological subjects, including, but not |
| 161 | limited to, clinical techniques and procedures, materials, and |
| 162 | equipment; and |
| 163 | 3. Subjects pertinent to oral health and safety. |
| 164 |
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| 165 | Additionally, the board may authorize up to 3 credit hours |
| 166 | biennially for a course on practice management that includes, |
| 167 | but is not limited to, principles of ethical practice |
| 168 | management, provider substance abuse, effective communications |
| 169 | with patients, time management, and burnout prevention. |
| 170 | Section 5. Section 466.021, Florida Statutes, is amended |
| 171 | to read: |
| 172 | 466.021 Employment of unlicensed persons by dentist; |
| 173 | penalty.--Every duly licensed dentist who uses the services of |
| 174 | any unlicensed person for the purpose of constructing, altering, |
| 175 | repairing, or duplicating any denture, partial denture, bridge |
| 176 | splint, or orthodontic or prosthetic appliance shall be required |
| 177 | to furnish such unlicensed person with a written work order in |
| 178 | such form as prescribed by rule of the board. This form shall be |
| 179 | dated and signed by such dentist and shall include the patient's |
| 180 | name or number with sufficient descriptive information to |
| 181 | clearly identify the case for each separate and individual piece |
| 182 | of work. A copy of such work order shall be retained in a |
| 183 | permanent file in the dentist's office for a period of 4 2 |
| 184 | years, and the original work order shall be retained in a |
| 185 | permanent file for a period of 4 2 years by such unlicensed |
| 186 | person in her or his place of business. Such permanent file of |
| 187 | work orders to be kept by such dentist or by such unlicensed |
| 188 | person shall be open to inspection at any reasonable time by the |
| 189 | department or its duly constituted agent. Failure of the dentist |
| 190 | to keep such permanent records of such work orders shall subject |
| 191 | the dentist to suspension or revocation of her or his license to |
| 192 | practice dentistry. Failure of such unlicensed person to have in |
| 193 | her or his possession a work order as required by this section |
| 194 | shall be admissible evidence of a violation of this chapter and |
| 195 | shall constitute a misdemeanor of the second degree, punishable |
| 196 | as provided in s. 775.082 or s. 775.083. Nothing in this section |
| 197 | shall preclude a registered dental laboratory from working for |
| 198 | another registered dental laboratory, provided that such work is |
| 199 | performed pursuant to written authorization, in a form to be |
| 200 | prescribed by rule of the board, which evidences that the |
| 201 | originating laboratory has obtained a valid work order and which |
| 202 | sets forth the work to be performed. Furthermore, nothing in |
| 203 | this section does not shall preclude a registered laboratory |
| 204 | from providing its services to dentists licensed and practicing |
| 205 | in another state, provided that such work is requested or |
| 206 | otherwise authorized in written form which clearly identifies |
| 207 | the name and address of the requesting dentist and which sets |
| 208 | forth the work to be performed. |
| 209 | Section 6. Subsection (2) of section 466.025, Florida |
| 210 | Statutes, is amended to read: |
| 211 | 466.025 Permitting of dental interns serving at state |
| 212 | institutions; certification of dentists practicing at government |
| 213 | facilities; permitting of nonprofit corporations.-- |
| 214 | (2) The department shall have the authority to issue |
| 215 | temporary certificates to graduates of accredited dental schools |
| 216 | dentists to practice in state and county government facilities, |
| 217 | working under the general supervision of licensed dentists of |
| 218 | this state in the state or county facility, provided such |
| 219 | certificates shall be issued only to graduates of schools |
| 220 | approved by the board and further subject to cancellation for |
| 221 | just cause. A certificate issued under this section is valid |
| 222 | only for such time as the dentist remains employed by a state or |
| 223 | county government facility. |
| 224 | Section 7. This act shall take effect July 1, 2005. |