HB 1157CS


1The Health Care Regulation Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to dental charting; amending s. 466.023,
7F.S.; expanding the scope and area of practice of dental
8hygienists to include dental charting; creating s.
9466.0235, F.S.; providing for regulation of dental
10charting; providing a definition; authorizing dental
11hygienists to perform dental charting under certain
12conditions; regulating the use and content of disclosure
13and charting forms; requiring the Board of Dentistry to
14approve disclosure and charting forms; limiting the
15applicability of dental charting; providing restrictions
16on periodontal probe use in dental charting; providing
17restrictions on dental charting reimbursement, referrals
18made in conjunction with the provision of dental charting
19services, and the provision of dental charting by a dental
20hygienist without supervision; providing an effective
23Be It Enacted by the Legislature of the State of Florida:
25     Section 1.  Subsection (5) of section 466.023, Florida
26Statutes, is renumbered as subsection (6) and a new subsection
27(5) is added to that section to read:
28     466.023  Dental hygienists; scope and area of practice.--
29     (5)  Dental hygienists may, without supervision, perform
30dental charting as provided in s. 466.0235.
31     Section 2.  Section 466.0235, Florida Statutes, is created
32to read:
33     466.0235  Dental charting.--
34     (1)  For purposes of this section, the term "dental
35charting" means a recording of visual observations of clinical
36conditions of the oral cavity without the use of X rays,
37laboratory tests, or other diagnostic methods or equipment,
38except the instruments necessary to record visual restorations,
39missing teeth, suspicious areas, and periodontal pockets.
40     (2)  A dental hygienist may, without supervision and within
41the lawful scope of his or her duties as authorized by law,
42perform dental charting of hard and soft tissues in public and
43private educational institutions of the state and Federal
44Government, nursing homes, assisted living and long-term care
45facilities, community health centers, county health departments,
46mobile dental or health units, and epidemiological surveys for
47public health. A dental hygienist may also perform dental
48charting on a volunteer basis at health fairs.
49     (3)  Each person who receives a dental charting pursuant to
50this section, or the parent or legal guardian of the person,
51shall receive and acknowledge a written disclosure form before
52receiving the dental charting procedure that states that the
53purpose of the dental charting is to collect data for use by a
54dentist at a prompt subsequent examination. The disclosure form
55shall also emphasize that diagnosis of caries, soft tissue
56disease, oral cancer, temporomandibular joint disease (TMJ), and
57dentofacial malocclusions can only be completed by a dentist in
58the context of delivering a comprehensive dental examination.
59     (4)  The board shall approve the content of charting and
60disclosure forms to be used under this section. Both forms shall
61emphasize the inherent limitations of dental charting and
62encourage complete examination by a dentist in rendering a
63professional diagnosis of the patient's overall oral health
65     (5)  Dental charting performed under this section is not a
66substitute for a comprehensive dental examination.
67     (6)  Medical clearance by a physician or dentist is
68required before a periodontal probe may be used on a person who
69receives a dental charting.
70     (7)  Nothing in this section shall be construed to permit
71direct reimbursement for dental charting performed under this
72section by Medicaid, health insurers, health maintenance
73organizations, prepaid dental plans, or other third-party payors
74beyond what is otherwise allowable by law.
75     (8)  All referrals made in conjunction with the provision
76of dental charting services under this section shall be in
77strict conformance with federal and state patient referral,
78anti-kickback, and patient brokering laws.
79     (9)  A dental hygienist performing dental charting without
80supervision shall not be deemed to have created either a patient
81of record or a medical record.
82     Section 3.  This act shall take effect July 1, 2006.

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