HB 0325CS

CHAMBER ACTION



1The Health & Families Council 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. 466.002, F.S.;
7revising an exemption of certain instructors from ch. 466,
8F.S.; amending s. 466.004, F.S.; providing Board of
9Dentistry membership term limits; amending s. 466.006,
10F.S.; clarifying the requirements to be licensed as a
11dentist; amending s. 466.007, F.S.; revising postsecondary
12education requirements to sit for the dental hygiene
13examination; amending s. 466.0135, F.S.; authorizing a
14continuing education course in practice management;
15amending s. 466.021, F.S.; increasing storage requirements
16for work orders; amending s. 466.025, F.S.; clarifying
17that temporary certificates to practice in state and
18county government facilities be issued only to graduates
19of accredited dental schools; providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Subsection (6) of section 466.002, Florida
24Statutes, is amended to read:
25     466.002  Persons exempt from operation of chapter.--Nothing
26in this chapter shall apply to the following practices, acts,
27and operations:
28     (6)  Instructors in Florida schools of dentistry,
29instructors in dental programs that prepare persons holding a
30D.M.D. or D.D.S. degree for specialty board certification
31wherein such programs had United States accreditation by January
321, 2005, in the same manner as the board recognizes
33accreditation for Florida schools of dentistry but which are not
34otherwise affiliated with a Florida school of dentistry, or
35instructors in Florida schools of dental hygiene or dental
36assistant educational programs, while performing regularly
37assigned instructional duties under the curriculum of such
38schools or programs. A full-time dental instructor at a dental
39school or dental program approved by the board may be allowed to
40practice dentistry at the teaching facilities of such school or
41program, upon receiving a teaching permit issued by the board,
42in strict compliance with such rules as are adopted by the board
43pertaining to the teaching permit and with the established rules
44and procedures of the dental school or program as recognized
45herein.
46     Section 2.  Subsection (1) of section 466.004, Florida
47Statutes, is amended to read:
48     466.004  Board of Dentistry.--
49     (1)  To carry out the provisions of this chapter, there is
50created within the department the Board of Dentistry consisting
51of 11 members who shall be appointed by the Governor and subject
52to confirmation by the Senate. Seven members of the board must
53be licensed dentists actively engaged in the clinical practice
54of dentistry in this state; two members must be licensed dental
55hygienists actively engaged in the practice of dental hygiene in
56this state; and the remaining two members must be laypersons who
57are not, and have never been, dentists, dental hygienists, or
58members of any closely related profession or occupation. Each
59member of the board who is a licensed dentist must have been
60actively engaged in the practice of dentistry primarily as a
61clinical practitioner for at least 5 years immediately preceding
62the date of her or his appointment to the board and must remain
63primarily in clinical practice during all subsequent periods of
64appointment to the board. Each member of the board who is
65connected in any way with any dental college or community
66college must be in compliance with s. 456.007. At least one
67member of the board must be 60 years of age or older. Members
68shall be appointed for 4-year terms; however, no member may
69serve more than 10 cumulative years.
70     Section 3.  Subsection (4) of section 466.006, Florida
71Statutes, is amended to read:
72     466.006  Examination of dentists.--
73     (4)  Notwithstanding s. 456.017(1)(c), to be licensed as a
74dentist in this state, an applicant must successfully complete
75the following:
76     (a)  A written examination on the laws and rules of the
77state regulating the practice of dentistry;
78     (b)1.  A practical or clinical examination, which shall be
79administered and graded by dentists licensed in this state and
80employed by the department for just such purpose. The practical
81examination shall include:
82     a.  Two restorations, and the board by rule shall determine
83the class of such restorations and whether they shall be
84performed on mannequins, live patients, or both. At least one
85restoration shall be on a live patient;
86     b.  A demonstration of periodontal skills on a live
87patient;
88     c.  A demonstration of prosthetics and restorative skills
89in complete and partial dentures and crowns and bridges and the
90utilization of practical methods of evaluation, specifically
91including the evaluation by the candidate of completed
92laboratory products such as, but not limited to, crowns and
93inlays filled to prepared model teeth;
94     d.  A demonstration of restorative skills on a mannequin
95which requires the candidate to complete procedures performed in
96preparation for a cast restoration; and
97     e.  A demonstration of endodontic skills.
98     2.  The department shall consult with the board in planning
99the times, places, physical facilities, training of personnel,
100and other arrangements concerning the administration of the
101examination. The board or a duly designated committee thereof
102shall approve the final plans for the administration of the
103examination.
104     3.  If the applicant fails to pass the clinical examination
105in three attempts, the applicant shall not be eligible for
106reexamination unless she or he completes additional educational
107requirements established by the board; and
108     (c)  A diagnostic skills examination demonstrating ability
109to diagnose conditions within the human oral cavity and its
110adjacent tissues and structures from photographs, slides,
111radiographs, or models pursuant to rules of the board. If an
112applicant fails to pass the diagnostic skills examination in
113three attempts, the applicant shall not be eligible for
114reexamination unless she or he completes additional educational
115requirements established by the board.
116     (d)  The board may by rule provide for additional
117procedures which are to be tested, provided such procedures
118shall be common to the practice of general dentistry. The board
119by rule shall determine the passing grade for each procedure and
120the acceptable variation for examiners. No such rule shall apply
121retroactively.
122
123The department shall require a mandatory standardization
124exercise for all examiners prior to each practical or clinical
125examination and shall retain for employment only those dentists
126who have substantially adhered to the standard of grading
127established at such exercise.
128     Section 4.  Paragraph (a) of subsection (3) of section
129466.007, Florida Statutes, is amended to read:
130     466.007  Examination of dental hygienists.--
131     (3)  A graduate of a dental college or school shall be
132entitled to take the examinations required in this section to
133practice dental hygiene in this state if, in addition to the
134requirements specified in subsection (2), the graduate meets the
135following requirements:
136     (a)  Submits the following credentials for review by the
137board:
138     1.  Transcripts totaling of predental education and dental
139education totaling 5 academic years of postsecondary education,
140including 4 academic years of postsecondary dental education;
141and
142     2.  A dental school diploma which is comparable to a D.D.S.
143or D.M.D.
144
145Such credentials shall be submitted in a manner provided by rule
146of the board. The board shall approve those credentials which
147comply with this paragraph and with rules of the board adopted
148under pursuant to this paragraph. The provisions of this
149paragraph notwithstanding, an applicant of a foreign dental
150college or school not accredited in accordance with s.
151466.006(2)(b) who cannot produce the credentials required by
152this paragraph, as a result of political or other conditions in
153the country in which the applicant received his or her
154education, may seek the board's approval of his or her
155educational background by submitting, in lieu of the credentials
156required in this paragraph, such other reasonable and reliable
157evidence as may be set forth by board rule. The board shall not
158accept such other evidence until it has made a reasonable
159attempt to obtain the credentials required by this paragraph
160from the educational institutions the applicant is alleged to
161have attended, unless the board is otherwise satisfied that such
162credentials cannot be obtained.
163     Section 5.  Paragraph (b) of subsection (1) of section
164466.0135, Florida Statutes, is amended to read:
165     466.0135  Continuing education; dentists.--
166     (1)  In addition to the other requirements for renewal set
167out in this chapter, each licensed dentist shall be required to
168complete biennially not less than 30 hours of continuing
169professional education in dental subjects. Programs of
170continuing education shall be programs of learning that
171contribute directly to the dental education of the dentist and
172may include, but shall not be limited to, attendance at
173lectures, study clubs, college postgraduate courses, or
174scientific sessions of conventions; and research, graduate
175study, teaching, or service as a clinician. Programs of
176continuing education shall be acceptable when adhering to the
177following general guidelines:
178     (b)  Continuing education courses shall address one or more
179of the following areas of professional development, including,
180but not limited to:
181     1.  Basic medical and scientific subjects, including, but
182not limited to, biology, physiology, pathology, biochemistry,
183and pharmacology;
184     2.  Clinical and technological subjects, including, but not
185limited to, clinical techniques and procedures, materials, and
186equipment; and
187     3.  Subjects pertinent to oral health and safety.
188
189Additionally, the board may authorize up to 3 credit hours
190biennially for a course on practice management that includes,
191but is not limited to, principles of ethical practice
192management, provider substance abuse, effective communications
193with patients, time management, and burnout prevention.
194     Section 6.  Section 466.021, Florida Statutes, is amended
195to read:
196     466.021  Employment of unlicensed persons by dentist;
197penalty.--Every duly licensed dentist who uses the services of
198any unlicensed person for the purpose of constructing, altering,
199repairing, or duplicating any denture, partial denture, bridge
200splint, or orthodontic or prosthetic appliance shall be required
201to furnish such unlicensed person with a written work order in
202such form as prescribed by rule of the board. This form shall be
203dated and signed by such dentist and shall include the patient's
204name or number with sufficient descriptive information to
205clearly identify the case for each separate and individual piece
206of work. A copy of such work order shall be retained in a
207permanent file in the dentist's office for a period of 4 2
208years, and the original work order shall be retained in a
209permanent file for a period of 4 2 years by such unlicensed
210person in her or his place of business. Such permanent file of
211work orders to be kept by such dentist or by such unlicensed
212person shall be open to inspection at any reasonable time by the
213department or its duly constituted agent. Failure of the dentist
214to keep such permanent records of such work orders shall subject
215the dentist to suspension or revocation of her or his license to
216practice dentistry. Failure of such unlicensed person to have in
217her or his possession a work order as required by this section
218shall be admissible evidence of a violation of this chapter and
219shall constitute a misdemeanor of the second degree, punishable
220as provided in s. 775.082 or s. 775.083. Nothing in this section
221shall preclude a registered dental laboratory from working for
222another registered dental laboratory, provided that such work is
223performed pursuant to written authorization, in a form to be
224prescribed by rule of the board, which evidences that the
225originating laboratory has obtained a valid work order and which
226sets forth the work to be performed. Furthermore, nothing in
227this section does not shall preclude a registered laboratory
228from providing its services to dentists licensed and practicing
229in another state, provided that such work is requested or
230otherwise authorized in written form which clearly identifies
231the name and address of the requesting dentist and which sets
232forth the work to be performed.
233     Section 7.  Subsection (2) of section 466.025, Florida
234Statutes, is amended to read:
235     466.025  Permitting of dental interns serving at state
236institutions; certification of dentists practicing at government
237facilities; permitting of nonprofit corporations.--
238     (2)  The department shall have the authority to issue
239temporary certificates to graduates of accredited dental schools
240dentists to practice in state and county government facilities,
241working under the general supervision of licensed dentists of
242this state in the state or county facility, provided such
243certificates shall be issued only to graduates of schools
244approved by the board and further subject to cancellation for
245just cause. A certificate issued under this section is valid
246only for such time as the dentist remains employed by a state or
247county government facility.
248     Section 8.  This act shall take effect July 1, 2005.


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