HB 353

1	A bill to be entitled
2	An act relating to dentistry; amending s. 466.018, F.S.;
3	requiring a dentist to provide specified information to a
4	patient relating to restorative or cosmetic cases;
5	amending s. 466.021, F.S.; providing that requirements
6	relating to certain dental work apply to registered dental
7	laboratories in lieu of "any unlicensed person"; revising
8	the procedure by which a dentist may outsource certain
9	dental work; amending s. 466.032, F.S.; revising
10	provisions relating to dental laboratory registration;
11	requiring certain dental laboratories to submit specified
12	information to the Department of Health; amending s.
13	466.036, F.S.; requiring registered dental laboratories to
14	ship or deliver cases or materials to dental offices in a
15	specified bag; providing that the department shall not be
16	required to conduct inspections of certain dental
17	laboratories; providing an effective date.
18
19	Be It Enacted by the Legislature of the State of Florida:
20
21	Section 1.  Present subsection (5) of section 466.018,
22	Florida Statutes, is renumbered as subsection (6), and a new
23	subsection (5) is added to that section to read:
24	466.018  Dentist of record; patient records; disclosure.--
25	(5)  Upon final delivery of a restorative or cosmetic case
26	to a patient, such as crowns, bridges, implants, veneers,
27	orthodontic appliances, complete or partial dentures, or other
28	prosthetic devices, the dentist shall provide to the patient a
29	list of the materials used in the case, along with the chemical
30	composition and any contraindications of the materials, and
31	shall disclose the name and address of the dental laboratory at
32	which the case was manufactured.
33	Section 2.  Section 466.021, Florida Statutes, is amended
34	to read:
35	466.021  Employment of registered dental laboratories
36	unlicensed persons by dentist; penalty.--Every duly licensed
37	dentist who uses the services of any registered dental
38	laboratory unlicensed person for the purpose of constructing,
39	altering, repairing, or duplicating any denture, implant,
40	veneer, partial denture, bridge splint, or orthodontic or other
41	prosthetic appliance shall be required to furnish the registered
42	dental laboratory such unlicensed person with a written
43	prescription work order in a such form as prescribed by rule of
44	the board. This prescription form shall be dated and signed by
45	the such dentist and shall include the license number of the
46	dentist, the patient's name or number with sufficient
47	descriptive information to clearly identify the case for each
48	separate and individual piece of work, the registration number
49	of the registered dental laboratory performing the work, and a
50	specification of materials desired. Additionally, materials such
51	as dental impressions shipped or delivered to a registered
52	dental laboratory by a dental office shall be shipped in a bag
53	that meets Occupational Safety and Health Administration
54	standards. A copy of the prescription such work order shall be
55	retained in a file in the dentist's office for a period of 4
56	years, and the original prescription work order shall be
57	retained in a file by the registered dental laboratory for a
58	period of 4 years by such unlicensed person in her or his place
59	of business. The Such file of prescriptions work orders to be
60	kept by the such dentist and the registered dental laboratory or
61	by such unlicensed person shall be open to inspection at any
62	reasonable time by the department or its duly constituted agent.
63	Failure of the dentist to keep records of the prescriptions such
64	work orders shall subject the dentist to suspension or
65	revocation of her or his license to practice dentistry. Failure
66	of a registered dental laboratory to have the original or
67	electronic copy of the prescriptions such unlicensed person to
68	have in her or his possession a work order as required by this
69	section is shall be admissible evidence of a violation of this
70	chapter and constitutes shall constitute a misdemeanor of the
71	second degree, punishable as provided in s. 775.082 or s.
72	775.083. This section does not preclude a registered dental
73	laboratory from working for another registered dental laboratory
74	if, provided that such work is performed pursuant to written
75	authorization, in a form to be prescribed by rule of the board,
76	that which evidences that the originating laboratory has
77	obtained a valid prescription work order and that which sets
78	forth the work to be performed. This section does not preclude a
79	registered laboratory from providing its services to dentists
80	licensed and practicing in another state if, provided that such
81	work is requested or otherwise authorized in written form that
82	which clearly identifies the name and address of the requesting
83	dentist and which sets forth the work to be performed.
84	Section 3.  Section 466.032, Florida Statutes, is amended
85	to read:
86	466.032  Registration.--
87	(1)  Every person, firm, or corporation operating a dental
88	laboratory in this state shall register biennially with the
89	department on forms to be provided by the department and, at the
90	same time, pay to the department a registration fee not to
91	exceed $300 for which the department shall issue a registration
92	certificate entitling the holder to operate a dental laboratory
93	for a period of 2 years.
94	(2)  Any business that registers or renews registration as
95	a dental laboratory on or after October 1, 2010, shall as part
96	of establishing its eligibility to register provide to the
97	department proof that either the owner of the dental laboratory
98	or a dental technician who is employed full time by the dental
99	laboratory has been designated as a Certified Dental Technician
100	by the National Board for Certification in Dental Laboratory
101	Technology. This requirement does not apply to a dental
102	laboratory that is physically located within a dental practice
103	operated by a licensed dentist as defined in this chapter.
104	(3)  Each registered dental laboratory shall provide the
105	number of technician employees and nontechnician employees
106	employed by the laboratory both on its initial registration
107	application and subsequent registration renewals with the
108	department.
109	(4)(2)  Upon the failure of any dental laboratory operator
110	to comply with subsection (1), the department shall notify her
111	or him by registered mail, within 1 month after the registration
112	renewal date, return receipt requested, at her or his last known
113	address, of the such failure and inform her or him of the
114	provisions of subsections (5)(3) and (6)(4).
115	(5)(3)  Any dental laboratory operator who has not complied
116	with subsection (1) within 3 months after the registration
117	renewal date shall be required to pay a delinquency fee of $40
118	in addition to the regular registration fee.
119	(6)(4)  The department is authorized to commence and
120	maintain proceedings to enjoin the operator of any dental
121	laboratory who has not complied with this section from operating
122	a dental laboratory in this state until she or he has obtained a
123	registration certificate and paid the required fees.
124	Section 4.  Section 466.036, Florida Statutes, is amended
125	to read:
126	466.036  Information; periodic inspections; equipment and
127	supplies; infection control.--The department may require from
128	the applicant for a registration certificate to operate a dental
129	laboratory any information necessary to carry out the purpose of
130	this chapter, including proof that the applicant has the
131	equipment and supplies necessary to operate as determined by
132	rule of the department, and shall require periodic inspection of
133	all dental laboratories operating in this state. Such
134	inspections shall include, but not be limited to, inspection of
135	sanitary conditions, equipment, supplies, and facilities on the
136	premises. The department shall specify dental equipment and
137	supplies that are not permitted in a registered dental
138	laboratory. Cases or materials shipped or delivered to a dental
139	office by a registered dental laboratory shall be shipped in a
140	bag that meets Occupational Safety and Health Administration
141	standards. The department is not required to conduct inspections
142	of any registered dental laboratory in another state or country.
143	Section 5.  This act shall take effect July 1, 2007.

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