HB 537

1
A bill to be entitled
2An act relating to the practice of dentistry; requiring
3persons who apply for licensure renewal as dentists or
4dental hygienists to furnish certain information to the
5Department of Health in a dental workforce survey;
6requiring the Board of Dentistry to issue a
7nondisciplinary citation and a notice for failure to
8complete the survey within a specified time; providing
9notification requirements for the citation; requiring the
10department to serve as the coordinating body for the
11purpose of collecting, disseminating, and updating dental
12workforce data; requiring the department to maintain a
13database regarding the state's dental workforce; requiring
14the department to develop strategies to maximize federal
15and state programs and to work with an advisory body to
16address matters relating to the state's dental workforce;
17providing membership of the advisory body; requiring the
18department to act as a clearinghouse for collecting and
19disseminating information regarding the dental workforce;
20requiring the department and the board to adopt rules;
21providing legislative intent regarding implementation of
22the act within existing resources; amending s. 499.01,
23F.S.; authorizing certain business entities to pay for
24prescription drugs obtained by practitioners licensed
25under ch. 466, F.S.; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Dental workforce survey.-
30     (1)  Beginning in 2012, each person who applies for
31licensure renewal as a dentist or dental hygienist under chapter
32466, Florida Statutes, must, in conjunction with the renewal of
33such license under procedures and forms adopted by the Board of
34Dentistry and in addition to any other information that may be
35required from the applicant, furnish the following information
36to the Department of Health, working in conjunction with the
37board, in a dental workforce survey:
38     (a)  Licensee information, including, but not limited to:
39     1.  The name of the dental school or dental hygiene program
40that the dentist or dental hygienist graduated from and the year
41of graduation.
42     2.  The year that the dentist or dental hygienist began
43practicing or working in this state.
44     3.  The geographic location of the dentist's or dental
45hygienist's practice or address within the state.
46     4.  For a dentist in private practice:
47     a.  The number of full-time dental hygienists employed by
48the dentist during the reporting period.
49     b.  The number of full-time dental assistants employed by
50the dentist during the reporting period.
51     c.  The average number of patients treated per week by the
52dentist during the reporting period.
53     d.  The settings where the dental care was provided.
54     5.  Anticipated plans of the dentist to change the status
55of his or her license or practice.
56     6.  The dentist's areas of specialty or certification.
57     7.  The year that the dentist completed a specialty program
58recognized by the American Dental Association.
59     8.  For a hygienist:
60     a.  The average number of patients treated per week by the
61hygienist during the reporting period.
62     b.  The settings where the dental care was provided.
63     9.  The dentist's or dental hygienist's memberships in
64professional organizations.
65     10.  The number of pro bono hours provided by the dentist
66or dental hygienist during the last biennium.
67     (b)  Information concerning the availability and trends
68relating to critically needed services, including, but not
69limited to, the following types of care provided by the dentist
70or dental hygienist:
71     1.  Dental care for children having special needs.
72     2.  Geriatric dental care.
73     3.  Dental care in emergency departments.
74     4.  Medicaid services.
75     5.  Other critically needed specialty areas, as determined
76by the advisory body.
77     (2)  The information furnished must include a statement
78submitted by the dentist or dental hygienist that the
79information provided is true and accurate to the best of his or
80her knowledge and he or she did not knowingly provide false
81information.
82     (3)  Beginning in 2012, renewal of a license by a dentist
83or dental hygienist licensed under chapter 466, Florida
84Statutes, is not contingent upon the completion and submission
85of the survey; however, for any subsequent license renewal, the
86board may not renew the license of any dentist or dental
87hygienist until the survey required under this section is
88completed and submitted by the licensee.
89     (4)(a)  Beginning in 2012, the Board of Dentistry shall
90issue a nondisciplinary citation to any dentist or dental
91hygienist licensed under chapter 466, Florida Statutes, who
92fails to complete the survey within 90 days after the renewal of
93his or her license to practice as a dentist or dental hygienist.
94     (b)  The citation must notify a dentist or dental hygienist
95who fails to complete the survey required by this section that
96his or her license will not be renewed unless the dentist or
97dental hygienist completes the survey.
98     (c)  In conjunction with issuing the license renewal notice
99required by s. 456.038, Florida Statutes, the board shall notify
100each licensed dentist or dental hygienist who has failed to
101complete the survey at the licensee's last known address of the
102requirement that the survey be completed before the subsequent
103license renewal.
104     Section 2.  (1)  The Department of Health shall serve as
105the coordinating body for the purpose of collecting and
106regularly updating and disseminating dental workforce data. The
107department shall work with multiple stakeholders, including the
108Florida Dental Association and the Florida Dental Hygiene
109Association, to assess and share with all communities of
110interest all data collected in a timely fashion.
111     (2)  The Department of Health shall maintain a current
112database to serve as a statewide source of data concerning the
113dental workforce. The department, in conjunction with the board,
114shall also:
115     (a)  Develop strategies to maximize federal and state
116programs that provide incentives for dentists to practice in the
117underserved areas of the state which are federally designated
118shortage areas. The strategies shall include programs such as
119the Florida Health Services Corps established under s. 381.0302,
120Florida Statutes.
121     (b)  Work in conjunction with an advisory body to address
122matters relating to the state's dental workforce. The advisory
123body shall provide input on developing questions for the dental
124workforce survey required in section 1. An advisory body shall
125include, but need not be limited to, the State Surgeon General
126or his or her designee, the dean of each accredited dental
127school based in this state or his or her designee, a
128representative from the Florida Dental Association, a
129representative from the Florida Dental Hygiene Association, a
130representative from the Florida Board of Dentistry, and a
131dentist from each of the dental specialties recognized by the
132Commission on Dental Accreditation of the American Dental
133Association.
134     (c)  Act as a clearinghouse for collecting and
135disseminating information concerning the dental workforce.
136     (3)  The Department of Health and the Board of Dentistry
137shall adopt rules necessary to administer this section.
138     Section 3.  It is the intent of the Legislature that the
139Department of Health and the Board of Dentistry implement the
140provisions of this act within existing resources.
141     Section 4.  Paragraph (t) of subsection (2) of section
142499.01, Florida Statutes, is amended to read:
143     499.01  Permits.-
144     (2)  The following permits are established:
145     (t)  Health care clinic establishment permit.-Effective
146January 1, 2009, a health care clinic establishment permit is
147required for the purchase of a prescription drug by a place of
148business at one general physical location that provides health
149care or veterinary services, which is owned and operated by a
150business entity that has been issued a federal employer tax
151identification number. For the purpose of this paragraph, the
152term "qualifying practitioner" means a licensed health care
153practitioner defined in s. 456.001, or a veterinarian licensed
154under chapter 474, who is authorized under the appropriate
155practice act to prescribe and administer a prescription drug.
156     1.  An establishment must provide, as part of the
157application required under s. 499.012, designation of a
158qualifying practitioner who will be responsible for complying
159with all legal and regulatory requirements related to the
160purchase, recordkeeping, storage, and handling of the
161prescription drugs. In addition, the designated qualifying
162practitioner shall be the practitioner whose name, establishment
163address, and license number is used on all distribution
164documents for prescription drugs purchased or returned by the
165health care clinic establishment. Upon initial appointment of a
166qualifying practitioner, the qualifying practitioner and the
167health care clinic establishment shall notify the department on
168a form furnished by the department within 10 days after such
169employment. In addition, the qualifying practitioner and health
170care clinic establishment shall notify the department within 10
171days after any subsequent change.
172     2.  The health care clinic establishment must employ a
173qualifying practitioner at each establishment.
174     3.  In addition to the remedies and penalties provided in
175this part, a violation of this chapter by the health care clinic
176establishment or qualifying practitioner constitutes grounds for
177discipline of the qualifying practitioner by the appropriate
178regulatory board.
179     4.  The purchase of prescription drugs by the health care
180clinic establishment is prohibited during any period of time
181when the establishment does not comply with this paragraph.
182     5.  A health care clinic establishment permit is not a
183pharmacy permit or otherwise subject to chapter 465. A health
184care clinic establishment that meets the criteria of a modified
185Class II institutional pharmacy under s. 465.019 is not eligible
186to be permitted under this paragraph.
187     6.  This paragraph does not apply to the purchase of a
188prescription drug by a licensed practitioner under his or her
189license. A professional corporation or limited liability company
190composed of dentists and operating as authorized in s. 466.0285
191may pay for prescription drugs obtained by a practitioner
192licensed under chapter 466, and the licensed practitioner is
193deemed the purchaser and owner of the prescription drugs.
194     Section 5.  This act shall take effect July 1, 2010.


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