HB 923

1	A bill to be entitled
2	An act relating to dental laboratories; amending s.
3	466.021, F.S.; revising requirements relating to retention
4	of dental laboratories by dentists; changing terminology
5	to reflect employment of dental laboratories and to change
6	references to work orders to prescriptions; requiring a
7	dental laboratory to keep the original or electronic copy
8	of prescriptions; amending s. 466.032, F.S.; requiring
9	specified continuing education for renewal of registration
10	of a dental laboratory by a time certain; providing a
11	listing of agencies or organizations authorized to develop
12	and offer continuing education; requiring a dental
13	laboratory owner to submit a sworn statement attesting to
14	compliance with continuing education requirements and
15	providing specified information; providing that the
16	Department of Health may request documentation of
17	continuing education with cause; providing that the
18	department may request such documentation at random
19	without cause; providing exemptions from continuing
20	education requirements; providing for voluntary compliance
21	by certain dental laboratories; providing an effective
22	date.
23
24	Be It Enacted by the Legislature of the State of Florida:
25
26	Section 1.  Section 466.021, Florida Statutes, is amended
27	to read:
28	466.021  Retention Employment of dental laboratories
29	unlicensed persons by dentist; penalty.--Each Every duly
30	licensed dentist who uses the services of any dental laboratory
31	unlicensed person for the purpose of constructing, altering,
32	repairing, or duplicating any denture, implant, veneer, partial
33	denture, bridge splint, or orthodontic or other prosthetic
34	appliance, or other suitable form of artificial oral restorative
35	device shall be required to furnish the dental laboratory such
36	unlicensed person with a written prescription work order in a
37	such form as prescribed by rule of the board. This prescription
38	form shall be dated and signed by the such dentist and shall
39	include the license number of the dentist, the patient's name or
40	number with sufficient descriptive information to clearly
41	identify the case for each separate and individual piece of work
42	to be performed by the dental laboratory, and a specification of
43	materials to be contained in each work product. A copy of the
44	prescription such work order shall be retained in a file in the
45	prescribing dentist's office for a period of 4 years from the
46	date the prescription was issued, and the original prescription
47	work order shall be retained in a file by the dental laboratory
48	for a period of 4 years by such unlicensed person in her or his
49	place of business. A registered dental laboratory shall disclose
50	in writing at the time of delivery of the final restoration to
51	the prescribing dentist both the materials and all certificates
52	of authenticity that constitute each product manufactured and
53	the point of origin of manufacture of each restoration,
54	including the address and contact information of the dental
55	laboratory. The Such file of prescriptions work orders to be
56	kept by the such dentist and the dental laboratory or by such
57	unlicensed person shall be open to inspection at any reasonable
58	time by the department or its duly constituted agent. Failure of
59	the dentist to keep records of each prescription such work
60	orders shall subject the dentist to suspension or revocation of
61	her or his license to practice dentistry. Failure of a dental
62	laboratory that has accepted a prescription to have the original
63	or electronic copy of each prescription and to ensure the
64	accuracy of each product's material disclosure at the time it is
65	delivered to the prescribing dentist such unlicensed person to
66	have in her or his possession a work order as required by this
67	section is shall be admissible evidence of a violation of this
68	chapter and constitutes shall constitute a misdemeanor of the
69	second degree, punishable as provided in s. 775.082 or s.
70	775.083. This section does not preclude a registered dental
71	laboratory from working for another registered dental laboratory
72	if, provided that such work is performed pursuant to written
73	authorization, in a form to be prescribed by rule of the board,
74	that which evidences that the originating laboratory has
75	obtained a valid prescription work order and that which sets
76	forth the work to be performed and the resulting material
77	certifications to be provided. A dental laboratory accepting
78	prescriptions from dentists shall be liable for damages caused
79	by inaccuracies in the material disclosure, certificates of
80	authenticity, or point of origin provided by the dental
81	laboratory to the prescribing dentist. This section does not
82	preclude a registered laboratory from providing its services to
83	dentists licensed and practicing in another state if, provided
84	that such work is requested or otherwise authorized in written
85	form that which clearly identifies the name and address of the
86	requesting dentist and which sets forth the work to be performed
87	and otherwise complies with all applicable laws and treaties.
88	Section 2.  Subsection (5) is added to section 466.032,
89	Florida Statutes, to read:
90	466.032  Registration.--
91	(5)  Either the dental laboratory owner or at least one
92	employee of any dental laboratory renewing registration on or
93	after July 1, 2010, shall be required to have completed 18 hours
94	of continuing education biennially. Programs of continuing
95	education shall be programs of learning that contribute directly
96	to the education of the dental technician and may include, but
97	shall not be limited to, attendance at lectures, study clubs,
98	college courses, or scientific sessions of conventions; and
99	research.
100	(a)  The aim of continuing education for dental technicians
101	is to improve dental health care delivery to the public as such
102	is impacted through the design, manufacture, and use of
103	artificial human oral prosthetics and related restorative
104	appliances.
105	(b)  Continuing education courses shall address one or more
106	of the following areas of professional development, including,
107	but not limited to:
108	1.  Laboratory and technological subjects, including, but
109	not limited to, laboratory techniques and procedures, materials,
110	and equipment; and
111	2.  Subjects pertinent to oral health, infection control,
112	and safety.
113	(c)  Programs meeting the general requirements of
114	continuing education may be developed and offered to dental
115	technicians by the Florida Dental Laboratory Association and the
116	Florida Dental Association. Other organizations, schools, or
117	agencies may also be approved to develop and offer continuing
118	education in accordance with specific criteria established by
119	the department.
120	(d)  Any dental laboratory renewing a registration on or
121	after July 1, 2010, shall submit a sworn affidavit, on a form
122	acceptable to the department, attesting that either the dental
123	laboratory owner or one dental technician employed by the
124	registered dental laboratory has completed the continuing
125	education required in this subsection in accordance with the
126	guidelines and provisions of this subsection and listing the
127	date, location, sponsor, subject matter, and hours of completed
128	continuing education courses. The dental laboratory shall retain
129	in its records such receipts, vouchers, or certificates as may
130	be necessary to document completion of the continuing education
131	courses listed in accordance with this subsection. With cause,
132	the department may request that the documentation be provided by
133	the applicant. The department may also request the documentation
134	from applicants selected at random without cause.
135	(e)1.  This subsection does not apply to a dental
136	laboratory that is physically located within a dental practice
137	operated by a dentist licensed under this chapter.
138	2.  A dental laboratory in another state or country that
139	provides service to a dentist licensed under this chapter is not
140	required to register with the state and may continue to provide
141	services to such dentist with a proper prescription. A dental
142	laboratory in another state or country, however, may voluntarily
143	comply with this subsection.
144	Section 3.  This act shall take effect January 1, 2009.

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