1 | A bill to be entitled |
2 | An act relating to dental laboratories; amending s. |
3 | 466.021, F.S.; revising the services that a dentist may |
4 | use for constructing orthodontic or prosthetic appliances |
5 | to require that a dentist use the services of a registered |
6 | dental laboratory; amending s. 466.032, F.S.; requiring |
7 | that a dental laboratory employ a certified dental |
8 | technician by a specified date in order to register with |
9 | the Department of Health; providing an effective date. |
10 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 466.021, Florida Statutes, is amended |
14 | to read: |
15 | 466.021 Employment of registered dental laboratories |
16 | unlicensed persons by dentist; penalty.--Every duly licensed |
17 | dentist who uses the services of any registered dental |
18 | laboratory unlicensed person for the purpose of constructing, |
19 | altering, repairing, or duplicating any denture, partial |
20 | denture, bridge splint, or orthodontic or prosthetic appliance |
21 | shall be required to furnish the registered dental laboratory |
22 | such unlicensed person with a written work order in the such |
23 | form as prescribed by rule of the board. This form shall be |
24 | dated and signed by the such dentist, and shall include the |
25 | patient's name or number with sufficient descriptive information |
26 | to clearly identify the case for each separate and individual |
27 | piece of work, and shall also include the Florida registration |
28 | number of the dental laboratory performing the work. A copy of |
29 | the such work order shall be retained in a file in the dentist's |
30 | office for a period of 4 years, and the original work order |
31 | shall be retained in a file for a period of 4 years by the |
32 | registered dental laboratory such unlicensed person in her or |
33 | his place of business. The Such file of work orders to be kept |
34 | by the such dentist or by the registered dental laboratory such |
35 | unlicensed person shall be open to inspection at any reasonable |
36 | time by the department or its duly constituted agent. Failure of |
37 | the dentist to keep records of the such work orders shall |
38 | subject the dentist to suspension or revocation of her or his |
39 | license to practice dentistry. Failure of a registered dental |
40 | laboratory to have the original or electronic copy of the such |
41 | unlicensed person to have in her or his possession a work order |
42 | as required by this section is shall be admissible evidence of a |
43 | violation of this chapter and constitutes shall constitute a |
44 | misdemeanor of the second degree, punishable as provided in s. |
45 | 775.082 or s. 775.083. This section does not preclude a |
46 | registered dental laboratory from working for another registered |
47 | dental laboratory if, provided that such work is performed |
48 | pursuant to written authorization, in a form to be prescribed by |
49 | rule of the board, which evidences that the originating |
50 | laboratory has obtained a valid work order and which sets forth |
51 | the work to be performed. This section does not preclude a |
52 | registered laboratory from providing its services to dentists |
53 | licensed and practicing in another state if, provided that such |
54 | work is requested or otherwise authorized in written form that |
55 | which clearly identifies the name and address of the requesting |
56 | dentist and which sets forth the work to be performed. |
57 | Section 2. Section 466.032, Florida Statutes, is amended |
58 | to read: |
59 | 466.032 Registration.-- |
60 | (1) Every person, firm, or corporation operating or |
61 | conducting business as a dental laboratory in this state shall |
62 | register biennially with the department on forms to be provided |
63 | by the department and, at the same time, pay to the department a |
64 | registration fee not to exceed $300 for which the department |
65 | shall issue a registration certificate entitling the holder to |
66 | operate a dental laboratory for a period of 2 years. Effective |
67 | July 1, 2009, a dental laboratory shall employ at least one |
68 | dental technician certified by the National Board for |
69 | Certification in Dental Laboratory Technology during the period |
70 | of its registration and shall submit the documentation with its |
71 | registration. |
72 | (2) Upon the failure of any dental laboratory operator to |
73 | comply with subsection (1), the department shall notify her or |
74 | him by registered mail, within 1 month after the registration |
75 | renewal date, return receipt requested, at her or his last known |
76 | address, of the such failure and inform her or him of the |
77 | provisions of subsections (3) and (4). |
78 | (3) Any dental laboratory operator who has not complied |
79 | with subsection (1) within 3 months after the registration |
80 | renewal date shall be required to pay a delinquency fee of $40 |
81 | in addition to the regular registration fee. |
82 | (4) The department is authorized to commence and maintain |
83 | proceedings to enjoin the operator of any dental laboratory who |
84 | has not complied with this section from operating or conducting |
85 | business as a dental laboratory in this state until she or he |
86 | has obtained a registration certificate and paid the required |
87 | fees. |
88 | Section 3. This act shall take effect July 1, 2006. |