HB 1157

A bill to be entitled
2An act relating to dental charting; amending s. 466.023,
3F.S.; expanding the scope and area of practice of dental
4hygienists to include dental charting; creating s.
5466.0235, F.S.; providing for regulation of dental
6charting; providing a definition; authorizing dental
7hygienists to perform dental charting under certain
8conditions; regulating the use and content of disclosure
9and charting forms; requiring the Board of Dentistry to
10approve disclosure and charting forms; limiting the
11applicability of dental charting; providing restrictions
12on dental charting reimbursement, referrals made in
13conjunction with the provision of dental charting
14services, and the provision of dental charting by a dental
15hygienist without supervision; providing an effective
18Be It Enacted by the Legislature of the State of Florida:
20     Section 1.  Subsection (5) of section 466.023, Florida
21Statutes, is renumbered as subsection (6), and a new subsection
22(5) is added to that section to read:
23     466.023  Dental hygienists; scope and area of practice.--
24     (5)  Dental hygienists may, without supervision, perform
25dental charting as provided in s. 466.0235.
26     Section 2.  Section 466.0235, Florida Statutes, is created
27to read:
28     466.0235  Dental charting.--
29     (1)  For purposes of this section, the term "dental
30charting" means a recording of visual observations of clinical
31conditions of the oral cavity without the use of X rays,
32laboratory tests, or other diagnostic methods or equipment,
33except the instruments necessary to record visual restorations,
34missing teeth, suspicious areas, and periodontal pockets.
35     (2)  A dental hygienist may, without supervision and within
36the lawful scope of his or her duties as authorized by law,
37perform dental charting of hard and soft tissues in public and
38private educational institutions of the state and Federal
39Government, nursing homes, assisted living and long-term care
40facilities, community health centers, and mobile dental or
41health units. A dental hygienist may also perform dental
42charting on a volunteer basis at health fairs.
43     (3)  Each person who receives a dental charting pursuant to
44this section, or the parent or legal guardian of the person,
45shall receive and sign a written disclosure form before
46receiving the dental charting procedure that states that the
47purpose of the dental charting is to collect data for use by a
48dentist at a prompt subsequent examination. The disclosure form
49shall also emphasize that diagnosis of caries, soft tissue
50disease, oral cancer, temporomandibular joint disease (TMJ), and
51dentofacial malocclusions can only be completed by a dentist in
52the context of delivering a comprehensive dental examination.
53     (4)  The board shall approve the content of charting and
54disclosure forms to be used under this section. Both forms shall
55emphasize the inherent limitations of dental charting and
56encourage complete examination by a dentist in rendering a
57professional diagnosis of the patient's overall oral health
59     (5)  Dental charting performed under this section is not a
60substitute for a comprehensive dental examination.
61     (6)  Nothing in this section shall be construed to permit
62direct reimbursement for dental charting performed under this
63section by Medicaid, health insurers, health maintenance
64organizations, prepaid dental plans, or other third-party payors
65beyond what is otherwise allowable by law.
66     (7)  All referrals made in conjunction with the provision
67of dental charting services under this section shall be in
68strict conformance with federal and state patient referral,
69anti-kickback, and patient brokering laws.
70     (8)  A dental hygienist performing dental charting without
71supervision shall not be deemed to have created either a patient
72of record or a medical record.
73     Section 3.  This act shall take effect July 1, 2006.

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