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 |
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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. |