HB 855

A bill to be entitled
2An act relating to dental laboratories; amending s.
3466.021, F.S.; revising the services that a dentist may
4use for constructing orthodontic or prosthetic appliances
5to require that a dentist use the services of a registered
6dental laboratory; amending s. 466.032, F.S.; requiring
7that a dental laboratory employ a certified dental
8technician by a specified date in order to register with
9the Department of Health; providing an effective date.
11Be It Enacted by the Legislature of the State of Florida:
13     Section 1.  Section 466.021, Florida Statutes, is amended
14to read:
15     466.021  Employment of registered dental laboratories
16unlicensed persons by dentist; penalty.--Every duly licensed
17dentist who uses the services of any registered dental
18laboratory unlicensed person for the purpose of constructing,
19altering, repairing, or duplicating any denture, partial
20denture, bridge splint, or orthodontic or prosthetic appliance
21shall be required to furnish the registered dental laboratory
22such unlicensed person with a written work order in the such
23form as prescribed by rule of the board. This form shall be
24dated and signed by the such dentist, and shall include the
25patient's name or number with sufficient descriptive information
26to clearly identify the case for each separate and individual
27piece of work, and shall also include the Florida registration
28number of the dental laboratory performing the work. A copy of
29the such work order shall be retained in a file in the dentist's
30office for a period of 4 years, and the original work order
31shall be retained in a file for a period of 4 years by the
32registered dental laboratory such unlicensed person in her or
33his place of business. The Such file of work orders to be kept
34by the such dentist or by the registered dental laboratory such
35unlicensed person shall be open to inspection at any reasonable
36time by the department or its duly constituted agent. Failure of
37the dentist to keep records of the such work orders shall
38subject the dentist to suspension or revocation of her or his
39license to practice dentistry. Failure of a registered dental
40laboratory to have the original or electronic copy of the such
41unlicensed person to have in her or his possession a work order
42as required by this section is shall be admissible evidence of a
43violation of this chapter and constitutes shall constitute a
44misdemeanor of the second degree, punishable as provided in s.
45775.082 or s. 775.083. This section does not preclude a
46registered dental laboratory from working for another registered
47dental laboratory if, provided that such work is performed
48pursuant to written authorization, in a form to be prescribed by
49rule of the board, which evidences that the originating
50laboratory has obtained a valid work order and which sets forth
51the work to be performed. This section does not preclude a
52registered laboratory from providing its services to dentists
53licensed and practicing in another state if, provided that such
54work is requested or otherwise authorized in written form that
55which clearly identifies the name and address of the requesting
56dentist and which sets forth the work to be performed.
57     Section 2.  Section 466.032, Florida Statutes, is amended
58to read:
59     466.032  Registration.--
60     (1)  Every person, firm, or corporation operating or
61conducting business as a dental laboratory in this state shall
62register biennially with the department on forms to be provided
63by the department and, at the same time, pay to the department a
64registration fee not to exceed $300 for which the department
65shall issue a registration certificate entitling the holder to
66operate a dental laboratory for a period of 2 years. Effective
67July 1, 2009, a dental laboratory shall employ at least one
68dental technician certified by the National Board for
69Certification in Dental Laboratory Technology during the period
70of its registration and shall submit the documentation with its
72     (2)  Upon the failure of any dental laboratory operator to
73comply with subsection (1), the department shall notify her or
74him by registered mail, within 1 month after the registration
75renewal date, return receipt requested, at her or his last known
76address, of the such failure and inform her or him of the
77provisions of subsections (3) and (4).
78     (3)  Any dental laboratory operator who has not complied
79with subsection (1) within 3 months after the registration
80renewal date shall be required to pay a delinquency fee of $40
81in addition to the regular registration fee.
82     (4)  The department is authorized to commence and maintain
83proceedings to enjoin the operator of any dental laboratory who
84has not complied with this section from operating or conducting
85business as a dental laboratory in this state until she or he
86has obtained a registration certificate and paid the required
88     Section 3.  This act shall take effect July 1, 2006.

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