HB 1469

1	A bill to be entitled
2	An act relating to dentistry and dental hygiene; amending
3	s. 466.003, F.S.; revising the definition of the term
4	"health access settings" for purposes of provisions
5	regulating the practice of dentistry; amending s. 466.023,
6	F.S.; revising the scope of practice for dental
7	hygienists; amending s. 466.0235, F.S.; revising the
8	locations at which dental hygienists may perform dental
9	charting; amending s. 466.024, F.S.; authorizing dental
10	hygienists to perform certain duties without supervision
11	by a dentist; amending ss. 466.006 and 466.0067, F.S.;
12	conforming cross-references; reenacting s. 466.00672(2),
13	F.S., relating to the revocation of health access dental
14	licenses, to incorporate the amendment made by the act to
15	s. 466.003, F.S., in a reference thereto; providing an
16	effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Subsection (14) of section 466.003, Florida
21	Statutes, is amended to read:
22	466.003  Definitions.-As used in this chapter:
23	(14)  "Health access setting settings" means a program or
24	institution programs and institutions of the Department of
25	Children and Family Services, the Department of Health, the
26	Department of Juvenile Justice, a nonprofit community health
27	center centers, a Head Start center centers, a federally
28	qualified health center or look-alike centers (FQHCs), FQHC
29	look-alikes as defined by federal law, a school-based
30	program, or a clinic and clinics operated by an accredited
31	college colleges of dentistry in this state if such community
32	service program or institution programs and institutions
33	immediately reports report to the Board of Dentistry all
34	violations of s. 466.027, s. 466.028, or other practice act or
35	standard of care violations related to the actions or inactions
36	of a dentist, dental hygienist, or dental assistant engaged in
37	the delivery of dental care in such setting settings.
38	Section 2.  Subsection (3) of section 466.023, Florida
39	Statutes, is amended to read:
40	466.023  Dental hygienists; scope and area of practice.-
41	(3)  Dental hygienists may, without supervision, provide
42	educational programs, faculty or staff training programs, and
43	authorized fluoride rinse programs; apply fluoride varnishes;
44	instruct and supervise patients in oral hygiene;, and perform
45	other services which do not involve diagnosis or treatment of
46	dental conditions and which services are approved by rule of the
47	board.
48	Section 3.  Subsection (2) of section 466.0235, Florida
49	Statutes, is amended to read:
50	466.0235  Dental charting.-
51	(2)  A dental hygienist may, without supervision and within
52	the lawful scope of his or her duties as authorized by law,
53	perform dental charting of hard and soft tissues in public and
54	private educational institutions of the state and Federal
55	Government, nursing homes, assisted living and long-term care
56	facilities, community health centers, county health departments,
57	mobile dental or health units, health access settings, and
58	epidemiological surveys for public health. A dental hygienist
59	may also perform dental charting on a volunteer basis at health
60	fairs.
61	Section 4.  Subsections (2) through (6) of section 466.024,
62	Florida Statutes, are renumbered as subsections (3) through (7),
63	respectively, present subsections (2) and (4) are amended, and a
64	new subsection (2) is added to that section, to read:
65	466.024  Delegation of duties; expanded functions.-
66	(2)  The following remediable tasks may be performed by a
67	dental hygienist in a health access setting without supervision
68	by a dentist:
69	(a)  Perform dental charting as defined in s. 466.0235 or
70	as authorized by board rule.
71	(b)  Measure and record a patient's blood pressure, pulse
72	rate, respiratory rate, and oral temperature.
73	(c)  Record a patient's case history.
74	(d)  Remove calculus deposits, accretions, and stains from
75	exposed surfaces of teeth and from tooth surfaces within the
76	gingival sulcus. This paragraph does not authorize a dental
77	hygienist to perform root planing or gingival curettage without
78	supervision by a dentist.
79	(e)  Apply topical fluorides that are approved by the
80	American Dental Association or the United States Food and Drug
81	Administration, including, but not limited to, fluoride
82	varnishes.
83	(f)  Apply dental sealants.
84	(3)(2)  Notwithstanding subsections subsection (1) and (2),
85	a dentist may delegate the tasks of gingival curettage and root
86	planing to a dental hygienist but not to a dental assistant.
87	(5)(4)  Notwithstanding subsections subsection (1) and (2),
88	a dentist may not delegate to anyone other than another licensed
89	dentist:
90	(a)  Any prescription of drugs or medications requiring the
91	written order or prescription of a licensed dentist or
92	physician.
93	(b)  Any diagnosis for treatment or treatment planning.
94	Section 5.  Paragraph (c) of subsection (2) of section
95	466.006, Florida Statutes, is amended to read:
96	466.006  Examination of dentists.-
97	(2)  An applicant shall be entitled to take the
98	examinations required in this section to practice dentistry in
99	this state if the applicant:
100	(c)1.  Has successfully completed the National Board of
101	Dental Examiners dental examination within 10 years of the date
102	of application; or
103	2.  Has an active health access dental license in this
104	state; and
105	a.  The applicant has at least 5,000 hours within 4
106	consecutive years of clinical practice experience providing
107	direct patient care in a health access setting as defined in s.
108	466.003(14); the applicant is a retired veteran dentist of any
109	branch of the United States Armed Services who has practiced
110	dentistry while on active duty and has at least 3,000 hours
111	within 3 consecutive years of clinical practice experience
112	providing direct patient care in a health access setting as
113	defined in s. 466.003(14); or the applicant has provided a
114	portion of his or her salaried time teaching health profession
115	students in any public education setting, including, but not
116	limited to, a community college, college, or university, and has
117	at least 3,000 hours within 3 consecutive years of clinical
118	practice experience providing direct patient care in a health
119	access setting as defined in s. 466.003(14);
120	b.  The applicant has not been disciplined by the board,
121	except for citation offenses or minor violations;
122	c.  The applicant has not filed a report pursuant to s.
123	456.049; and
124	d.  The applicant has not been convicted of or pled nolo
125	contendere to, regardless of adjudication, any felony or
126	misdemeanor related to the practice of a health care profession.
127	Section 6.  Section 466.0067, Florida Statutes, is amended
128	to read:
129	466.0067  Application for health access dental license.-The
130	Legislature finds that there is an important state interest in
131	attracting dentists to practice in underserved health access
132	settings in this state and further, that allowing out-of-state
133	dentists who meet certain criteria to practice in health access
134	settings without the supervision of a dentist licensed in this
135	state is substantially related to achieving this important state
136	interest. Therefore, notwithstanding the requirements of s.
137	466.006, the board shall grant a health access dental license to
138	practice dentistry in this state in health access settings as
139	defined in s. 466.003(14) to an applicant that:
140	(1)  Files an appropriate application approved by the
141	board;
142	(2)  Pays an application license fee for a health access
143	dental license, laws-and-rule exam fee, and an initial licensure
144	fee. The fees specified in this subsection may not differ from
145	an applicant seeking licensure pursuant to s. 466.006;
146	(3)  Has not been convicted of or pled nolo contendere to,
147	regardless of adjudication, any felony or misdemeanor related to
148	the practice of a health care profession;
149	(4)  Submits proof of graduation from a dental school
150	accredited by the Commission on Dental Accreditation of the
151	American Dental Association or its successor agency;
152	(5)  Submits documentation that she or he has completed, or
153	will obtain prior to licensure, continuing education equivalent
154	to this state's requirement for dentists licensed under s.
155	466.006 for the last full reporting biennium before applying for
156	a health access dental license;
157	(6)  Submits proof of her or his successful completion of
158	parts I and II of the dental examination by the National Board
159	of Dental Examiners and a state or regional clinical dental
160	licensing examination that the board has determined effectively
161	measures the applicant's ability to practice safely;
162	(7)  Currently holds a valid, active, dental license in
163	good standing which has not been revoked, suspended, restricted,
164	or otherwise disciplined from another of these United States,
165	the District of Columbia, or a United States territory;
166	(8)  Has never had a license revoked from another of these
167	United States, the District of Columbia, or a United States
168	territory;
169	(9)  Has never failed the examination specified in s.
170	466.006, unless the applicant was reexamined pursuant to s.
171	466.006 and received a license to practice dentistry in this
172	state;
173	(10)  Has not been reported to the National Practitioner
174	Data Bank, unless the applicant successfully appealed to have
175	his or her name removed from the data bank;
176	(11)  Submits proof that he or she has been engaged in the
177	active, clinical practice of dentistry providing direct patient
178	care for 5 years immediately preceding the date of application,
179	or in instances when the applicant has graduated from an
180	accredited dental school within the preceding 5 years, submits
181	proof of continuous clinical practice providing direct patient
182	care since graduation; and
183	(12)  Has passed an examination covering the laws and rules
184	of the practice of dentistry in this state as described in s.
185	466.006(4)(a).
186	Section 7.  For the purpose of incorporating the amendment
187	made by this act to section 466.003, Florida Statutes, in a
188	reference thereto, subsection (2) of section 466.00672, Florida
189	Statutes, is reenacted to read:
190	466.00672  Revocation of health access dental license.-
191	(2)  Failure of an individual licensed pursuant to s.
192	466.0067 to limit the practice of dentistry to health access
193	settings as defined in s. 466.003 constitutes the unlicensed
194	practice of dentistry.
195	Section 8.  This act shall take effect September 1, 2010.

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