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 periodontal probe use in dental charting; providing
13restrictions on dental charting reimbursement, referrals
14made in conjunction with the provision of dental charting
15services, and the provision of dental charting by a dental
16hygienist without supervision; providing an effective
19Be It Enacted by the Legislature of the State of Florida:
21     Section 1.  Subsection (5) of section 466.023, Florida
22Statutes, is renumbered as subsection (6) and a new subsection
23(5) is added to that section to read:
24     466.023  Dental hygienists; scope and area of practice.--
25     (5)  Dental hygienists may, without supervision, perform
26dental charting as provided in s. 466.0235.
27     Section 2.  Section 466.0235, Florida Statutes, is created
28to read:
29     466.0235  Dental charting.--
30     (1)  For purposes of this section, the term "dental
31charting" means a recording of visual observations of clinical
32conditions of the oral cavity without the use of X rays,
33laboratory tests, or other diagnostic methods or equipment,
34except the instruments necessary to record visual restorations,
35missing teeth, suspicious areas, and periodontal pockets.
36     (2)  A dental hygienist may, without supervision and within
37the lawful scope of his or her duties as authorized by law,
38perform dental charting of hard and soft tissues in public and
39private educational institutions of the state and Federal
40Government, nursing homes, assisted living and long-term care
41facilities, community health centers, county health departments,
42mobile dental or health units, and epidemiological surveys for
43public health. A dental hygienist may also perform dental
44charting on a volunteer basis at health fairs.
45     (3)  Each person who receives a dental charting pursuant to
46this section, or the parent or legal guardian of the person,
47shall receive and acknowledge a written disclosure form before
48receiving the dental charting procedure that states that the
49purpose of the dental charting is to collect data for use by a
50dentist at a prompt subsequent examination. The disclosure form
51shall also emphasize that diagnosis of caries, soft tissue
52disease, oral cancer, temporomandibular joint disease (TMJ), and
53dentofacial malocclusions can only be completed by a dentist in
54the context of delivering a comprehensive dental examination.
55     (4)  The board shall approve the content of charting and
56disclosure forms to be used under this section. Both forms shall
57emphasize the inherent limitations of dental charting and
58encourage complete examination by a dentist in rendering a
59professional diagnosis of the patient's overall oral health
61     (5)  Dental charting performed under this section is not a
62substitute for a comprehensive dental examination.
63     (6)  Medical clearance by a physician or dentist is
64required before a periodontal probe may be used on a person who
65receives a dental charting.
66     (7)  Nothing in this section shall be construed to permit
67direct reimbursement for dental charting performed under this
68section by Medicaid, health insurers, health maintenance
69organizations, prepaid dental plans, or other third-party payors
70beyond what is otherwise allowable by law.
71     (8)  All referrals made in conjunction with the provision
72of dental charting services under this section shall be in
73strict conformance with federal and state patient referral,
74anti-kickback, and patient brokering laws.
75     (9)  A dental hygienist performing dental charting without
76supervision shall not be deemed to have created either a patient
77of record or a medical record.
78     Section 3.  This act shall take effect July 1, 2006.

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