CS/CS/CS/HB 1319

1	A bill to be entitled
2	An act relating to certificates and licenses for certain
3	health care practitioners; amending s. 456.024, F.S.;
4	providing for issuance of a temporary license to specified
5	health care practitioners who are spouses of active duty
6	members of the Armed Forces under certain circumstances;
7	providing for criminal history checks; providing fees;
8	providing for expiration of a temporary license; requiring
9	a person who is issued a temporary license to be subject
10	to certain general licensing requirements; providing that
11	certain persons are ineligible for such license; providing
12	for revocation of such license; requiring certain
13	temporary licensees to practice under the indirect
14	supervision of other licensees; amending ss. 458.315 and
15	459.0076, F.S.; naming the temporary certificates issued
16	to physicians who practice in areas of critical need after
17	Rear Admiral LeRoy Collins, Jr.; amending s. 458.3312,
18	F.S.; eliminating a requirement of the Board of Medicine
19	to triennially review and reauthorize recognizing agencies
20	that certify dermatologists; amending s. 466.003, F.S.;
21	revising the definition of the term "health access
22	setting" and defining the term "school-based prevention
23	program" for purposes of provisions regulating the
24	practice of dentistry; amending s. 466.023, F.S.; revising
25	the scope and area of practice for dental hygienists;
26	amending s. 466.0235, F.S.; revising the locations at
27	which dental hygienists may perform dental charting;
28	amending s. 466.024, F.S.; authorizing dental hygienists
29	to perform certain duties without supervision or
30	authorization by a dentist; providing exceptions;
31	requiring that dental hygienists in a health access
32	setting provide a certain disclaimer to patients before a
33	procedure is performed; providing that a health access
34	setting may bill for certain services; requiring that
35	dental hygienists provide a referral, encourage the
36	establishment of a dental home, and maintain insurance
37	coverage in specified circumstances; reenacting s.
38	466.00672(2), F.S., relating to the revocation of health
39	access dental licenses, to incorporate the amendment made
40	by the act to s. 466.003, F.S., in a reference thereto;
41	amending s. 466.006, F.S.; providing legislative intent
42	with respect to the use of the American Dental Licensing
43	Examination developed by the American Board of Dental
44	Examiners, Inc., in lieu of an independent state-developed
45	practical or clinical exam, to measure an applicant's
46	ability to practice the profession of dentistry; providing
47	for examination fees and use thereof; revising criteria
48	for applicants for licensure with respect to accreditation
49	of dental school and period of validity of examination
50	scores; adopting the American Dental Licensing Examination
51	as the clinical or practical licensure examination used
52	for licensure as a dentist in this state, providing
53	specified conditions are maintained; providing for period
54	of validity of examination scores; authorizing applicants
55	to submit American Dental Licensing Examination scores
56	from a jurisdiction outside the state; specifying period
57	of validity of such examination scores; providing that
58	authority to submit such examination scores does not apply
59	retroactively; providing that such examination scores
60	outside the period of validity be recognized as valid upon
61	demonstration that the applicant has met specified
62	additional standards; designating the practical
63	examination and specifying minimum standards therefor;
64	requiring applicants for licensure with American Dental
65	Licensing Examination scores from a state other than this
66	state to engage in the full-time practice of dentistry
67	inside the geographic boundaries of this state within 1
68	year of receiving such licensure in this state; providing
69	legislative findings with respect thereto; providing a
70	definition; providing legislative intent with respect to
71	expiration of such licenses upon a finding that acceptable
72	proof of full-time practice within the geographic
73	boundaries of this state within 1 year after the initial
74	issuance of the license was not received by the board;
75	providing procedures and requirements with respect to
76	determination of compliance; providing procedures,
77	requirements, and prohibitions in the event of expiration;
78	providing a penalty for using or attempting to use a
79	license that has expired; amending s. 466.0067, F.S.;
80	correcting a cross-reference; reenacting ss. 466.0065(1),
81	466.0067(2), (5), (9), and (12), 466.00671(1)(d),
82	466.007(2)(b) and (3), 466.009(1), and 466.011, F.S.,
83	relating to regional licensure examinations, application
84	for health access dental license, renewal of the health
85	access dental license, examination of dental hygienists,
86	reexamination, and licensure, respectively, to incorporate
87	the amendments made to s. 466.006, F.S., in references
88	thereto; amending s. 468.701, F.S.; defining "Board of
89	Certification"; amending s. 468.703, F.S.; revising
90	qualifications for certain members of the Board of
91	Athletic Training; amending s. 468.707, F.S.; revising
92	requirements for licensure by the Department of Health as
93	an athletic trainer; reorganizing provisions; amending s.
94	468.711, F.S.; revising provisions relating to renewal of
95	license and continuing education requirements for athletic
96	trainers; providing severability; providing that the act
97	does not apply retroactively; providing effective dates.
98
99	Be It Enacted by the Legislature of the State of Florida:
100
101	Section 1.  Subsection (3) is added to section 456.024,
102	Florida Statutes, to read:
103	456.024  Members of Armed Forces in good standing with
104	administrative boards or the department; spouses.-
105	(3)(a)  The board, or the department if there is no board,
106	may issue a temporary professional license to the spouse of an
107	active duty member of the Armed Forces of the United States who
108	submits to the department:
109	1.  A completed application upon a form prepared and
110	furnished by the department in accordance with the board's
111	rules;
112	2.  The required application fee;
113	3.  Proof that the applicant is married to a member of the
114	Armed Forces of the United States who is on active duty;
115	4.  Proof that the applicant holds a valid license for the
116	profession issued by another state, the District of Columbia, or
117	a possession or territory of the United States, and is not the
118	subject of any disciplinary proceeding in any jurisdiction in
119	which the applicant holds a license to practice a profession
120	regulated by this chapter;
121	5.  Proof that the applicant's spouse is assigned to a duty
122	station in this state pursuant to the member's official active
123	duty military orders; and
124	6.  Proof that the applicant would otherwise be entitled to
125	full licensure under the appropriate practice act, and is
126	eligible to take the respective licensure examination as
127	required in Florida.
128	(b)  The applicant must also submit to the Department of
129	Law Enforcement a complete set of fingerprints. The Department
130	of Law Enforcement shall conduct a statewide criminal history
131	check and forward the fingerprints to the Federal Bureau of
132	Investigation for a national criminal history check.
133	(c)  Each board, or the department if there is no board,
134	shall review the results of the state and federal criminal
135	history checks according to the level 2 screening standards in
136	s. 435.04 when granting an exemption and when granting or
137	denying the temporary license.
138	(d)  The applicant shall pay the cost of fingerprint
139	processing. If the fingerprints are submitted through an
140	authorized agency or vendor, the agency or vendor shall collect
141	the required processing fees and remit the fees to the
142	Department of Law Enforcement.
143	(e)  The department shall set an application fee, which may
144	not exceed the cost of issuing the license.
145	(f)  A temporary license expires 12 months after the date
146	of issuance and is not renewable.
147	(g)  An applicant for a temporary license under this
148	subsection is subject to the requirements under s. 456.013(3)(a)
149	and (c).
150	(h)  An applicant shall be deemed ineligible for a
151	temporary license pursuant to this section if the applicant:
152	1.  Has been convicted of or pled nolo contendere to,
153	regardless of adjudication, any felony or misdemeanor related to
154	the practice of a health care profession;
155	2.  Has had a health care provider license revoked or
156	suspended from another of the United States, the District of
157	Colombia, or a United States Territory;
158	3.  Has been reported to the National Practitioner Data
159	Bank, unless the applicant has successfully appealed to have his
160	or her name removed from the data bank; or
161	4.  Has previously failed the Florida examination required
162	to receive a license to practice the profession for which the
163	applicant is seeking a license.
164	(i)  The board, or department if there is no board, may
165	revoke a temporary license upon finding that the individual
166	violated the profession's governing practice act.
167	(j)  An applicant who is issued a temporary professional
168	license to practice as a dentist pursuant to this section must
169	practice under the indirect supervision, as defined in s.
170	466.003, of a dentist licensed pursuant to chapter 466.
171	Section 2.  Present subsections (1) through (4) of section
172	458.315, Florida Statutes, are renumbered as subsections (2)
173	through (5), respectively, and a new subsection (1) is added to
174	that section, to read:
175	458.315  Temporary certificate for practice in areas of
176	critical need.-
177	(1)  A certificate issued pursuant to this section may be
178	cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
179	Certificate for Practice in Areas of Critical Need."
180	Section 3.  Section 458.3312, Florida Statutes, is amended
181	to read:
182	458.3312  Specialties.-A physician licensed under this
183	chapter may not hold himself or herself out as a board-certified
184	specialist unless the physician has received formal recognition
185	as a specialist from a specialty board of the American Board of
186	Medical Specialties or other recognizing agency that has been
187	approved by the board. However, a physician may indicate the
188	services offered and may state that his or her practice is
189	limited to one or more types of services when this accurately
190	reflects the scope of practice of the physician. A physician may
191	not hold himself or herself out as a board-certified specialist
192	in dermatology unless the recognizing agency, whether authorized
193	in statute or by rule, is triennially reviewed and reauthorized
194	by the Board of Medicine.
195	Section 4.  Present subsections (1) through (4) of section
196	459.0076, Florida Statutes, are renumbered as subsections (2)
197	through (5), respectively, and a new subsection (1) is added to
198	that section, to read:
199	459.0076  Temporary certificate for practice in areas of
200	critical need.-
201	(1)  A certificate issued pursuant to this section may be
202	cited as the "Rear Admiral LeRoy Collins, Jr., Temporary
203	Certificate for Practice in Areas of Critical Need."
204	Section 5.  Subsection (14) of section 466.003, Florida
205	Statutes, is amended, and subsection (15) is added to that
206	section, to read:
207	466.003  Definitions.-As used in this chapter:
208	(14)  "Health access setting settings" means a program or
209	an institution programs and institutions of the Department of
210	Children and Family Services, the Department of Health, the
211	Department of Juvenile Justice, a nonprofit community health
212	center centers, a Head Start center centers, a federally
213	qualified health center or look-alike centers (FQHCs), FQHC
214	look-alikes as defined by federal law, a school-based prevention
215	program, a clinic and clinics operated by an accredited college
216	colleges of dentistry, or an accredited dental hygiene program
217	in this state if such community service program or institution
218	programs and institutions immediately reports report to the
219	Board of Dentistry all violations of s. 466.027, s. 466.028, or
220	other practice act or standard of care violations related to the
221	actions or inactions of a dentist, dental hygienist, or dental
222	assistant engaged in the delivery of dental care in such setting
223	settings.
224	(15)  "School-based prevention program" means preventive
225	oral health services offered at a school by one of the entities
226	defined in subsection (14) or by a nonprofit organization that
227	is exempt from federal income taxation under s. 501(a) of the
228	Internal Revenue Code, and described in s. 501(c)(3) of the
229	Internal Revenue Code.
230	Section 6.  Subsections (2) and (3) of section 466.023,
231	Florida Statutes, are amended to read:
232	466.023  Dental hygienists; scope and area of practice.-
233	(2)  Dental hygienists may perform their duties:
234	(a)  In the office of a licensed dentist;
235	(b)  In public health programs and institutions of the
236	Department of Children and Family Services, Department of
237	Health, and Department of Juvenile Justice under the general
238	supervision of a licensed dentist; or
239	(c)  In a health access setting as defined in s. 466.003;
240	or
241	(d)(c)  Upon a patient of record of a dentist who has
242	issued a prescription for the services of a dental hygienist,
243	which prescription shall be valid for 2 years unless a shorter
244	length of time is designated by the dentist, in:
245	1.  Licensed public and private health facilities;
246	2.  Other public institutions of the state and federal
247	government;
248	3.  Public and private educational institutions;
249	4.  The home of a nonambulatory patient; and
250	5.  Other places in accordance with the rules of the board.
251
252	However, the dentist issuing such prescription shall remain
253	responsible for the care of such patient. As used in this
254	subsection, "patient of record" means a patient upon whom a
255	dentist has taken a complete medical history, completed a
256	clinical examination, recorded any pathological conditions, and
257	prepared a treatment plan.
258	(3)  Dental hygienists may, without supervision, provide
259	educational programs, faculty or staff training programs, and
260	authorized fluoride rinse programs; apply fluorides; instruct a
261	patient in oral hygiene care; supervise the oral hygiene care of
262	a patient;, and perform other services that which do not involve
263	diagnosis or treatment of dental conditions and that which
264	services are approved by rule of the board.
265	Section 7.  Subsection (2) of section 466.0235, Florida
266	Statutes, is amended to read:
267	466.0235  Dental charting.-
268	(2)  A dental hygienist may, without supervision and within
269	the lawful scope of his or her duties as authorized by law,
270	perform dental charting of hard and soft tissues in public and
271	private educational institutions of the state and Federal
272	Government, nursing homes, assisted living and long-term care
273	facilities, community health centers, county health departments,
274	mobile dental or health units, health access settings as defined
275	in s. 466.003, and epidemiological surveys for public health. A
276	dental hygienist may also perform dental charting on a volunteer
277	basis at health fairs.
278	Section 8.  Section 466.024, Florida Statutes, is amended
279	to read:
280	466.024  Delegation of duties; expanded functions.-
281	(1)  A dentist may not delegate irremediable tasks to a
282	dental hygienist or dental assistant, except as provided by law.
283	A dentist may delegate remediable tasks to a dental hygienist or
284	dental assistant when such tasks pose no risk to the patient. A
285	dentist may only delegate remediable tasks so defined by law or
286	rule of the board. The board by rule shall designate which tasks
287	are remediable and delegable, except that the following are by
288	law found to be remediable and delegable:
289	(a)  Taking impressions for study casts but not for the
290	purpose of fabricating any intraoral restorations or orthodontic
291	appliance.
292	(b)  Placing periodontal dressings.
293	(c)  Removing periodontal or surgical dressings.
294	(d)  Removing sutures.
295	(e)  Placing or removing rubber dams.
296	(f)  Placing or removing matrices.
297	(g)  Placing or removing temporary restorations.
298	(h)  Applying cavity liners, varnishes, or bases.
299	(i)  Polishing amalgam restorations.
300	(j)  Polishing clinical crowns of the teeth for the purpose
301	of removing stains but not changing the existing contour of the
302	tooth.
303	(k)  Obtaining bacteriological cytological specimens not
304	involving cutting of the tissue.
305
306	Nothing in This subsection does not shall be construed to limit
307	delegable tasks to those specified herein.
308	(2)  A dental hygienist licensed in this state may perform
309	the following remediable tasks in a health access setting as
310	defined in s. 466.003 without the physical presence, prior
311	examination, or authorization of a dentist:
312	(a)  Perform dental charting as defined in s. 466.0235 and
313	as provided by rule.
314	(b)  Measure and record a patient's blood pressure rate,
315	pulse rate, respiration rate, and oral temperature.
316	(c)  Record a patient's case history.
317	(d)  Apply topical fluorides, including fluoride varnishes,
318	which are approved by the American Dental Association or the
319	Food and Drug Administration.
320	(e)  Apply dental sealants.
321	(f)  Remove calculus deposits, accretions, and stains from
322	exposed surfaces of the teeth and from tooth surfaces within the
323	gingival sulcus.
324	1.  A dentist licensed under this chapter or a physician
325	licensed under chapter 458 or chapter 459 must give medical
326	clearance before a dental hygienist removes calculus deposits,
327	accretions, and stains from exposed surfaces of the teeth or
328	from tooth surfaces within the gingival sulcus.
329	2.  A dentist shall conduct a dental examination on a
330	patient within 13 months after a dental hygienist removes the
331	patient's calculus deposits, accretions, and stains from exposed
332	surfaces of the teeth or from tooth surfaces within the gingival
333	sulcus. Additional oral hygiene services may not be performed
334	under this paragraph without a clinical examination by a dentist
335	who is licensed under this chapter.
336
337	This subsection does not authorize a dental hygienist to perform
338	root planing or gingival curettage without supervision by a
339	dentist.
340	(3)  For all remediable tasks listed in subsection (2), the
341	following disclaimer must be provided to the patient in writing
342	before any procedure is performed:
343	(a)  The services being offered are not a substitute for a
344	comprehensive dental exam by a dentist.
345	(b)  The diagnosis of caries, soft tissue disease, oral
346	cancer, temporomandibular joint disease (TMJ), and dentofacial
347	malocclusions will be completed only by a dentist in the context
348	of delivering a comprehensive dental exam.
349	(4)  This section does not prevent a program operated by
350	one of the health access settings as defined in s. 466.003 or a
351	nonprofit organization that is exempt from federal income
352	taxation under s. 501(a) of the Internal Revenue Code and
353	described in s. 501(c)(3) of the Internal Revenue Code from
354	billing and obtaining reimbursement for the services described
355	in this section which are provided by a dental hygienist or from
356	making or maintaining any records pursuant to s. 456.057
357	necessary to obtain reimbursement.
358	(5)  A dental hygienist who performs, without supervision,
359	the remediable tasks listed in subsection (2) shall:
360	(a)  Provide a dental referral in strict compliance with
361	federal and state patient referral, anti-kickback, and patient
362	brokering laws.
363	(b)  Encourage the establishment of a dental home.
364	(c)  Maintain professional malpractice insurance coverage
365	that has minimum limits of $100,000 per occurrence and $300,000
366	in the aggregate through the employing health access setting or
367	individual policy.
368	(6)(2)  Notwithstanding subsection (1) or subsection (2), a
369	dentist may delegate the tasks of gingival curettage and root
370	planing to a dental hygienist but not to a dental assistant.
371	(7)(3)  All other remediable tasks shall be performed under
372	the direct, indirect, or general supervision of a dentist, as
373	determined by rule of the board, and after such formal or on-
374	the-job training by the dental hygienist or dental assistant as
375	the board by rule may require. The board by rule may establish a
376	certification process for expanded-duty dental assistants,
377	establishing such training or experience criteria or
378	examinations as it deems necessary and specifying which tasks
379	may be delegable only to such assistants. If the board does
380	establish such a certification process, the department shall
381	implement the application process for such certification and
382	administer any examinations required.
383	(8)(4)  Notwithstanding subsection (1) or subsection (2), a
384	dentist may not delegate to anyone other than another licensed
385	dentist:
386	(a)  Any prescription of drugs or medications requiring the
387	written order or prescription of a licensed dentist or
388	physician.
389	(b)  Any diagnosis for treatment or treatment planning.
390	(9)(5)  Notwithstanding any other provision of law, a
391	dentist is primarily responsible for all procedures delegated by
392	her or him.
393	(10)(6)  A No dental assistant may not shall perform an
394	intraoral procedure except after such formal or on-the-job
395	training as the board by rule shall prescribe.
396	Section 9.  For the purpose of incorporating the amendment
397	made by this act to section 466.003, Florida Statutes, in a
398	reference thereto, subsection (2) of section 466.00672, Florida
399	Statutes, is reenacted to read:
400	466.00672  Revocation of health access dental license.-
401	(2)  Failure of an individual licensed pursuant to s.
402	466.0067 to limit the practice of dentistry to health access
403	settings as defined in s. 466.003 constitutes the unlicensed
404	practice of dentistry.
405	Section 10.  Effective October 1, 2011, section 466.006,
406	Florida Statutes, is amended to read:
407	466.006  Examination of dentists.-
408	(1)(a)  It is the intent of the Legislature to reduce the
409	costs associated with an independent state-developed practical
410	or clinical examination to measure an applicant's ability to
411	practice the profession of dentistry and to use the American
412	Dental Licensing Examination developed by the American Board of
413	Dental Examiners, Inc., in lieu of an independent state-
414	developed practical or clinical examination. The Legislature
415	finds that the American Dental Licensing Examination, in both
416	its structure and function, consistently meets generally
417	accepted testing standards and has been found, as it is
418	currently organized and operating, to adequately and reliably
419	measure an applicant's ability to practice the profession of
420	dentistry.
421	(b)  Any person desiring to be licensed as a dentist shall
422	apply to the department to take the licensure examinations and
423	shall verify the information required on the application by
424	oath. The application shall include two recent photographs.
425	There shall be an application fee set by the board not to exceed
426	$100 which shall be nonrefundable. There shall also be an
427	examination fee set by the board, which shall not exceed $425
428	plus the actual per applicant cost to the department for
429	purchase of some or all portions of the examination from the
430	American Board of Dental Examiners or its successor entity, if
431	any, provided the board finds the successor entity's clinical
432	examination complies with the provisions of this section. The
433	examination fee Northeast Regional Board of Dental Examiners or
434	a similar national organization, which may be refundable if the
435	applicant is found ineligible to take the examinations.
436	(2)  An applicant shall be entitled to take the
437	examinations required in this section to practice dentistry in
438	this state if the applicant:
439	(a)  Is 18 years of age or older.
440	(b)1.  Is a graduate of a dental school accredited by the
441	American Dental Association Commission on Dental Accreditation
442	Commission on Accreditation of the American Dental Association
443	or its successor entity agency, if any, or any other dental
444	nationally recognized accrediting entity recognized by the
445	United States Department of Education agency; or
446	2.  Is a dental student in the final year of a program at
447	such an accredited dental school who has completed all the
448	coursework necessary to prepare the student to perform the
449	clinical and diagnostic procedures required to pass the
450	examinations. With respect to a dental student in the final year
451	of a program at a dental school, a passing score on the
452	examinations is valid for 365 180 days after the date the
453	examinations were completed. A dental school student who takes
454	the licensure examinations during the student's final year of an
455	approved dental school must have graduated before being
456	certified for licensure pursuant to s. 466.011.
457	(c)1.  Has successfully completed the National Board of
458	Dental Examiners dental examination within 10 years of the date
459	of application; or
460	2.  Has an active health access dental license in this
461	state; and
462	a.  The applicant has at least 5,000 hours within 4
463	consecutive years of clinical practice experience providing
464	direct patient care in a health access setting as defined in s.
465	466.003 s. 466.003(14); the applicant is a retired veteran
466	dentist of any branch of the United States Armed Services who
467	has practiced dentistry while on active duty and has at least
468	3,000 hours within 3 consecutive years of clinical practice
469	experience providing direct patient care in a health access
470	setting as defined in s. 466.003 s. 466.003(14); or the
471	applicant has provided a portion of his or her salaried time
472	teaching health profession students in any public education
473	setting, including, but not limited to, a community college,
474	college, or university, and has at least 3,000 hours within 3
475	consecutive years of clinical practice experience providing
476	direct patient care in a health access setting as defined in s.
477	466.003 s. 466.003(14);
478	b.  The applicant has not been disciplined by the board,
479	except for citation offenses or minor violations;
480	c.  The applicant has not filed a report pursuant to s.
481	456.049; and
482	d.  The applicant has not been convicted of or pled nolo
483	contendere to, regardless of adjudication, any felony or
484	misdemeanor related to the practice of a health care profession.
485	(3)  If an applicant is a graduate of a dental college or
486	school not accredited in accordance with paragraph (2)(b) or of
487	a dental college or school not approved by the board, the
488	applicant shall not be entitled to take the examinations
489	required in this section to practice dentistry until she or he
490	satisfies one of the following:
491	(a)  Completes a program of study, as defined by the board
492	by rule, at an accredited American dental school and
493	demonstrates receipt of a D.D.S. or D.M.D. from said school; or
494	(b)  Completes a 2-year supplemental dental education
495	program at an accredited dental school and receives a dental
496	diploma, degree, or certificate as evidence of program
497	completion.
498	(4)  Notwithstanding any other provision of law in chapter
499	456 pertaining to the clinical dental licensure examination or
500	national examinations s. 456.017(1)(c), to be licensed as a
501	dentist in this state, an applicant must successfully complete
502	the following:
503	(a)  A written examination on the laws and rules of the
504	state regulating the practice of dentistry;
505	(b)1.  A practical or clinical examination, which shall be
506	the American Dental Licensing Examination produced by the
507	American Board of Dental Examiners, Inc., or its successor
508	entity, if any, that is administered in this state and graded by
509	dentists licensed in this state and employed by the department
510	for just such purpose, provided that the board has attained, and
511	continues to maintain thereafter, representation on the board of
512	directors of the American Board of Dental Examiners, the
513	examination development committee of the American Board of
514	Dental Examiners, and such other committees of the American
515	Board of Dental Examiners as the board deems appropriate by rule
516	to assure that the standards established herein are maintained
517	organizationally. A passing score on the American Dental
518	Licensing Examination administered in this state and graded by
519	dentists who are licensed in this state is valid for 365 days
520	after the date the official examination results are published.
521	2.a.  As an alternative to the requirements of subparagraph
522	1., an applicant may submit scores from an American Dental
523	Licensing Examination previously administered in a jurisdiction
524	other than this state after October 1, 2011, and such
525	examination results shall be recognized as valid for the purpose
526	of licensure in this state. A passing score on the American
527	Dental Licensing Examination administered out-of-state shall be
528	the same as the passing score for the American Dental Licensing
529	Examination administered in this state and graded by dentists
530	who are licensed in this state. The examination results are
531	valid for 365 days after the date the official examination
532	results are published. The applicant must have completed the
533	examination after October 1, 2011.
534	b.  This subparagraph may not be given retroactive
535	application.
536	3.  If the date of an applicant's passing American Dental
537	Licensing Examination scores from an examination previously
538	administered in a jurisdiction other than this state under
539	subparagraph 2. is older than 365 days, then such scores shall
540	nevertheless be recognized as valid for the purpose of licensure
541	in this state, but only if the applicant demonstrates that all
542	of the following additional standards have been met:
543	a.(I)  The applicant completed the American Dental
544	Licensing Examination after October 1, 2011.
545	(II)  This sub-subparagraph may not be given retroactive
546	application;
547	b.  The applicant graduated from a dental school accredited
548	by the American Dental Association Commission on Dental
549	Accreditation or its successor entity, if any, or any other
550	dental accrediting organization recognized by the United States
551	Department of Education. Provided, however, if the applicant did
552	not graduate from such a dental school, the applicant may submit
553	proof of having successfully completed a full-time supplemental
554	general dentistry program accredited by the American Dental
555	Association Commission on Dental Accreditation of at least 2
556	consecutive academic years at such accredited sponsoring
557	institution. Such program must provide didactic and clinical
558	education at the level of a D.D.S. or D.M.D. program accredited
559	by the American Dental Association Commission on Dental
560	Accreditation;
561	c.  The applicant currently possesses a valid and active
562	dental license in good standing, with no restriction, which has
563	never been revoked, suspended, restricted, or otherwise
564	disciplined, from another state or territory of the United
565	States, the District of Columbia, or the Commonwealth of Puerto
566	Rico;
567	d.  The applicant submits proof that he or she has never
568	been reported to the National Practitioner Data Bank, the
569	Healthcare Integrity and Protection Data Bank, or the American
570	Association of Dental Boards Clearinghouse. This sub-
571	subparagraph does not apply if the applicant successfully
572	appealed to have his or her name removed from the data banks of
573	these agencies;
574	e.(I)  In the 5 years immediately preceding the date of
575	application for licensure in this state, the applicant must
576	submit proof of having been consecutively engaged in the full-
577	time practice of dentistry in another state or territory of the
578	United States, the District of Columbia, or the Commonwealth of
579	Puerto Rico, or, if the applicant has been licensed in another
580	state or territory of the United States, the District of
581	Columbia, or the Commonwealth of Puerto Rico for less than 5
582	years, the applicant must submit proof of having been engaged in
583	the full-time practice of dentistry since the date of his or her
584	initial licensure.
585	(II)  As used in this section, "full-time practice" is
586	defined as a minimum of 1,200 hours per year for each and every
587	year in the consecutive 5-year period or, where applicable, the
588	period since initial licensure, and must include any combination
589	of the following:
590	(A)  Active clinical practice of dentistry providing direct
591	patient care.
592	(B)  Full-time practice as a faculty member employed by a
593	dental or dental hygiene school approved by the board or
594	accredited by the American Dental Association Commission on
595	Dental Accreditation.
596	(C)  Full-time practice as a student at a postgraduate
597	dental education program approved by the board or accredited by
598	the American Dental Association Commission on Dental
599	Accreditation.
600	(III)  The board shall develop rules to determine what type
601	of proof of full-time practice is required and to recoup the
602	cost to the board of verifying full-time practice under this
603	section. Such proof must, at a minimum, be:
604	(A)  Admissible as evidence in an administrative
605	proceeding;
606	(B)  Submitted in writing;
607	(C)  Submitted by the applicant under oath with penalties
608	of perjury attached;
609	(D)  Further documented by an affidavit of someone
610	unrelated to the applicant who is familiar with the applicant's
611	practice and testifies with particularity that the applicant has
612	been engaged in full-time practice; and
613	(E)  Specifically found by the board to be both credible
614	and admissible.
615	(IV)  An affidavit of only the applicant is not acceptable
616	proof of full-time practice unless it is further attested to by
617	someone unrelated to the applicant who has personal knowledge of
618	the applicant's practice. If the board deems it necessary to
619	assess credibility or accuracy, the board may require the
620	applicant or the applicant's witnesses to appear before the
621	board and give oral testimony under oath.
622	f.  The applicant must submit documentation that he or she
623	has completed, or will complete, prior to licensure in this
624	state, continuing education equivalent to this state's
625	requirements for the last full reporting biennium;
626	g.  The applicant must prove that he or she has never been
627	convicted of, or pled nolo contendere to, regardless of
628	adjudication, any felony or misdemeanor related to the practice
629	of a health care profession in any jurisdiction;
630	h.  The applicant must successfully pass a written
631	examination on the laws and rules of this state regulating the
632	practice of dentistry and must successfully pass the computer-
633	based diagnostic skills examination; and
634	i.  The applicant must submit documentation that he or she
635	has successfully completed the National Board of Dental
636	Examiners dental examination.
637	(5)(a)  The practical examination required under subsection
638	(4) shall be the American Dental Licensing Examination developed
639	by the American Board of Dental Examiners, Inc., or its
640	successor entity, if any, provided the board finds that the
641	successor entity's clinical examination complies with the
642	provisions of this section, and shall include, at a minimum:
643	1.  A comprehensive diagnostic skills examination covering
644	the full scope of dentistry and an examination on applied
645	clinical diagnosis and treatment planning in dentistry for
646	dental candidates.
647	2.a.  Two restorations on a live patient or patients., and
648	The board by rule shall determine the class of such
649	restorations. and whether they shall be performed on mannequins,
650	live patients, or both. At least one restoration shall be on a
651	live patient;
652	3.b.  A demonstration of periodontal skills on a live
653	patient;
654	4.c.  A demonstration of prosthetics and restorative skills
655	in complete and partial dentures and crowns and bridges and the
656	utilization of practical methods of evaluation, specifically
657	including the evaluation by the candidate of completed
658	laboratory products such as, but not limited to, crowns and
659	inlays filled to prepared model teeth;
660	5.d.  A demonstration of restorative skills on a mannequin
661	which requires the candidate to complete procedures performed in
662	preparation for a cast restoration; and
663	6.e.  A demonstration of endodontic skills; and.
664	7.  A diagnostic skills examination demonstrating ability
665	to diagnose conditions within the human oral cavity and its
666	adjacent tissues and structures from photographs, slides,
667	radiographs, or models pursuant to rules of the board. If an
668	applicant fails to pass the diagnostic skills examination in
669	three attempts, the applicant shall not be eligible for
670	reexamination unless she or he completes additional educational
671	requirements established by the board.
672	(b)2.  The department shall consult with the board in
673	planning the times, places, physical facilities, training of
674	personnel, and other arrangements concerning the administration
675	of the examination. The board or a duly designated committee
676	thereof shall approve the final plans for the administration of
677	the examination.
678	(c)3.  If the applicant fails to pass the clinical
679	examination in three attempts, the applicant shall not be
680	eligible for reexamination unless she or he completes additional
681	educational requirements established by the board; and
682	(c)  A diagnostic skills examination demonstrating ability
683	to diagnose conditions within the human oral cavity and its
684	adjacent tissues and structures from photographs, slides,
685	radiographs, or models pursuant to rules of the board. If an
686	applicant fails to pass the diagnostic skills examination in
687	three attempts, the applicant shall not be eligible for
688	reexamination unless she or he completes additional educational
689	requirements established by the board.
690	(d)  The board may by rule provide for additional
691	procedures which are to be tested, provided such procedures
692	shall be common to the practice of general dentistry. The board
693	by rule shall determine the passing grade for each procedure and
694	the acceptable variation for examiners. No such rule shall apply
695	retroactively.
696
697	The department shall require a mandatory standardization
698	exercise for all examiners prior to each practical or clinical
699	examination and shall retain for employment only those dentists
700	who have substantially adhered to the standard of grading
701	established at such exercise.
702	(6)(a)  It is the finding of the Legislature that absent a
703	threat to the health, safety, and welfare of the public, the
704	relocation of applicants to practice dentistry within the
705	geographic boundaries of this state, who are lawfully and
706	currently practicing dentistry in another state or territory of
707	the United States, the District of Columbia, or the Commonwealth
708	of Puerto Rico, based on their scores from the American Dental
709	Licensing Examination administered in a state other than this
710	state, is substantially related to achieving the important state
711	interest of improving access to dental care for underserved
712	citizens of this state and furthering the economic development
713	goals of the state. Therefore, in order to maintain valid active
714	licensure in this state, all applicants for licensure who are
715	relocating to this state based on scores from the American
716	Dental Licensing Examination administered in a state other than
717	this state must actually engage in the full-time practice of
718	dentistry inside the geographic boundaries of this state within
719	1 year of receiving such licensure in this state. The
720	Legislature finds that, if such applicants do not actually
721	engage in the full-time practice of dentistry within the
722	geographic boundaries of this state within 1 year of receiving
723	such a license in this state, access to dental care for the
724	public will not significantly increase, patients' continuity of
725	care will not be attained, and the economic development goals of
726	the state will not be significantly met.
727	(b)1.  As used in this section, "full-time practice of
728	dentistry within the geographic boundaries of this state within
729	1 year" is defined as a minimum of 1,200 hours in the initial
730	year of licensure, which must include any combination of the
731	following:
732	a.  Active clinical practice of dentistry providing direct
733	patient care within the geographic boundaries of this state.
734	b.  Full-time practice as a faculty member employed by a
735	dental or dental hygiene school approved by the board or
736	accredited by the American Dental Association Commission on
737	Dental Accreditation and located within the geographic
738	boundaries of this state.
739	c.  Full-time practice as a student at a postgraduate
740	dental education program approved by the board or accredited by
741	the American Dental Association Commission on Dental
742	Accreditation and located within the geographic boundaries of
743	this state.
744	2.  The board shall develop rules to determine what type of
745	proof of full-time practice of dentistry within the geographic
746	boundaries of this state for 1 year is required in order to
747	maintain active licensure and shall develop rules to recoup the
748	cost to the board of verifying maintenance of such full-time
749	practice under this section. Such proof must, at a minimum:
750	a.  Be admissible as evidence in an administrative
751	proceeding;
752	b.  Be submitted in writing;
753	c.  Be submitted by the applicant under oath with penalties
754	of perjury attached;
755	d.  Be further documented by an affidavit of someone
756	unrelated to the applicant who is familiar with the applicant's
757	practice and testifies with particularity that the applicant has
758	been engaged in full-time practice of dentistry within the
759	geographic boundaries of this state within the last 365 days;
760	and
761	e.  Include such additional proof as specifically found by
762	the board to be both credible and admissible.
763	3.  An affidavit of only the applicant is not acceptable
764	proof of full-time practice of dentistry within the geographic
765	boundaries of this state within 1 year, unless it is further
766	attested to by someone unrelated to the applicant who has
767	personal knowledge of the applicant's practice within the last
768	365 days. If the board deems it necessary to assess credibility
769	or accuracy, the board may require the applicant or the
770	applicant's witnesses to appear before the board and give oral
771	testimony under oath.
772	(c)  It is the further intent of the Legislature that a
773	license issued pursuant to paragraph (a) shall expire in the
774	event the board finds that it did not receive acceptable proof
775	of full-time practice within the geographic boundaries of this
776	state within 1 year after the initial issuance of the license.
777	The board shall make reasonable attempts within 30 days prior to
778	the expiration of such a license to notify the licensee in
779	writing at his or her last known address of the need for proof
780	of full-time practice in order to continue licensure. If the
781	board has not received a satisfactory response from the licensee
782	within the 30-day period, the licensee must be served with
783	actual or constructive notice of the pending expiration of
784	licensure and be given 20 days in which to submit proof required
785	in order to continue licensure. If the 20-day period expires and
786	the board finds it has not received acceptable proof of full-
787	time practice within the geographic boundaries of this state
788	within 1 year after the initial issuance of the license, then
789	the board must issue an administrative order finding that the
790	license has expired. Such an order may be appealed by the former
791	licensee in accordance with the provisions of chapter 120. In
792	the event of expiration, the licensee shall immediately cease
793	and desist from practicing dentistry and shall immediately
794	surrender to the board the wallet-size identification card and
795	wall card. A person who uses or attempts to use a license issued
796	pursuant to this section which has expired commits unlicensed
797	practice of dentistry, a felony of the third degree pursuant to
798	s. 466.026(1)(b), punishable as provided in s. 775.082, s.
799	775.083, or s. 775.084.
800	Section 11.  Effective October 1, 2011, section 466.067,
801	Florida Statutes, is amended, and, for the purpose of
802	incorporating the amendment made by this act to section 466.006,
803	Florida Statutes, in a reference thereto, subsections (2), (5),
804	(9), and (12) of that section are reenacted, to read:
805	466.0067  Application for health access dental license.-The
806	Legislature finds that there is an important state interest in
807	attracting dentists to practice in underserved health access
808	settings in this state and further, that allowing out-of-state
809	dentists who meet certain criteria to practice in health access
810	settings without the supervision of a dentist licensed in this
811	state is substantially related to achieving this important state
812	interest. Therefore, notwithstanding the requirements of s.
813	466.006, the board shall grant a health access dental license to
814	practice dentistry in this state in health access settings as
815	defined in s. 466.003 s. 466.003(14) to an applicant that:
816	(1)  Files an appropriate application approved by the
817	board;
818	(2)  Pays an application license fee for a health access
819	dental license, laws-and-rule exam fee, and an initial licensure
820	fee. The fees specified in this subsection may not differ from
821	an applicant seeking licensure pursuant to s. 466.006;
822	(3)  Has not been convicted of or pled nolo contendere to,
823	regardless of adjudication, any felony or misdemeanor related to
824	the practice of a health care profession;
825	(4)  Submits proof of graduation from a dental school
826	accredited by the Commission on Dental Accreditation of the
827	American Dental Association or its successor agency;
828	(5)  Submits documentation that she or he has completed, or
829	will obtain prior to licensure, continuing education equivalent
830	to this state's requirement for dentists licensed under s.
831	466.006 for the last full reporting biennium before applying for
832	a health access dental license;
833	(6)  Submits proof of her or his successful completion of
834	parts I and II of the dental examination by the National Board
835	of Dental Examiners and a state or regional clinical dental
836	licensing examination that the board has determined effectively
837	measures the applicant's ability to practice safely;
838	(7)  Currently holds a valid, active, dental license in
839	good standing which has not been revoked, suspended, restricted,
840	or otherwise disciplined from another of the United States, the
841	District of Columbia, or a United States territory;
842	(8)  Has never had a license revoked from another of the
843	United States, the District of Columbia, or a United States
844	territory;
845	(9)  Has never failed the examination specified in s.
846	466.006, unless the applicant was reexamined pursuant to s.
847	466.006 and received a license to practice dentistry in this
848	state;
849	(10)  Has not been reported to the National Practitioner
850	Data Bank, unless the applicant successfully appealed to have
851	his or her name removed from the data bank;
852	(11)  Submits proof that he or she has been engaged in the
853	active, clinical practice of dentistry providing direct patient
854	care for 5 years immediately preceding the date of application,
855	or in instances when the applicant has graduated from an
856	accredited dental school within the preceding 5 years, submits
857	proof of continuous clinical practice providing direct patient
858	care since graduation; and
859	(12)  Has passed an examination covering the laws and rules
860	of the practice of dentistry in this state as described in s.
861	466.006(4)(a).
862	Section 12.  Effective October 1, 2011, for the purpose of
863	incorporating the amendment made by this act to section 466.006,
864	Florida Statutes, in a reference thereto, subsection (1) of
865	section 466.0065, Florida Statutes, is reenacted to read:
866	466.0065  Regional licensure examinations.-
867	(1)  It is the intent of the Legislature that schools of
868	dentistry be allowed to offer regional licensure examinations to
869	dental students who are in the final year of a program at an
870	approved dental school for the sole purpose of facilitating the
871	student's licensing in other jurisdictions. This section does
872	not allow a person to be licensed as a dentist in this state
873	without taking the examinations as set forth in s. 466.006, nor
874	does this section mean that regional examinations administered
875	under this section may be substituted for complying with testing
876	requirements under s. 466.006.
877	Section 13.  Effective October 1, 2011, for the purpose of
878	incorporating the amendment made by this act to section 466.006,
879	Florida Statutes, in a reference thereto, paragraph (d) of
880	subsection (1) of section 466.00671, Florida Statutes, is
881	reenacted to read:
882	466.00671  Renewal of the health access dental license.-
883	(1)  A health access dental licensee shall apply for
884	renewal each biennium. At the time of renewal, the licensee
885	shall sign a statement that she or he has complied with all
886	continuing education requirements of an active dentist licensee.
887	The board shall renew a health access dental license for an
888	applicant that:
889	(d)  Has not failed the examination specified in s. 466.006
890	since initially receiving a health access dental license or
891	since the last renewal; and
892	Section 14.  Effective October 1, 2011, for the purpose of
893	incorporating the amendment made by this act to section 466.006,
894	Florida Statutes, in a reference thereto, paragraph (b) of
895	subsection (2) and subsection (3) of section 466.007, Florida
896	Statutes, are reenacted to read:
897	466.007  Examination of dental hygienists.-
898	(2)  An applicant shall be entitled to take the
899	examinations required in this section to practice dental hygiene
900	in this state if the applicant:
901	(b)1.  Is a graduate of a dental hygiene college or school
902	approved by the board or accredited by the Commission on
903	Accreditation of the American Dental Association or its
904	successor agency; or
905	2.  Is a graduate of a dental college or school accredited
906	in accordance with s. 466.006(2)(b), or a graduate of an
907	unaccredited dental college or school, and has met the
908	requirements of subsection (3).
909	(3)  A graduate of a dental college or school shall be
910	entitled to take the examinations required in this section to
911	practice dental hygiene in this state if, in addition to the
912	requirements specified in subsection (2), the graduate meets the
913	following requirements:
914	(a)  Submits the following credentials for review by the
915	board:
916	1.  Transcripts totaling 4 academic years of postsecondary
917	dental education; and
918	2.  A dental school diploma which is comparable to a D.D.S.
919	or D.M.D.
920
921	Such credentials shall be submitted in a manner provided by rule
922	of the board. The board shall approve those credentials which
923	comply with this paragraph and with rules of the board adopted
924	pursuant to this paragraph. The provisions of this paragraph
925	notwithstanding, an applicant of a foreign dental college or
926	school not accredited in accordance with s. 466.006(2)(b) who
927	cannot produce the credentials required by this paragraph, as a
928	result of political or other conditions in the country in which
929	the applicant received his or her education, may seek the
930	board's approval of his or her educational background by
931	submitting, in lieu of the credentials required in this
932	paragraph, such other reasonable and reliable evidence as may be
933	set forth by board rule. The board shall not accept such other
934	evidence until it has made a reasonable attempt to obtain the
935	credentials required by this paragraph from the educational
936	institutions the applicant is alleged to have attended, unless
937	the board is otherwise satisfied that such credentials cannot be
938	obtained.
939	(b)  Successfully completes one or more courses, of a scope
940	and duration approved and defined by board rule, that meet the
941	requirements of law for instructing health care providers on the
942	human immunodeficiency virus and acquired immune deficiency
943	syndrome. In addition, the board may require an applicant who
944	graduated from a nonaccredited dental college or school to
945	successfully complete additional coursework, only after failing
946	the initial examination, as defined by board rule, at an
947	educational institution approved by the board or accredited as
948	provided in subparagraph (2)(b)1. A graduate of a foreign dental
949	college or school not accredited in accordance with s.
950	466.006(2)(b) may not take the coursework set forth in this
951	paragraph until the board has approved the credentials required
952	by paragraph (a).
953	Section 15.  Effective October 1, 2011, for the purpose of
954	incorporating the amendment made by this act to section 466.006,
955	Florida Statutes, in a reference thereto, subsection (1) of
956	section 466.009, Florida Statutes, is reenacted to read:
957	466.009  Reexamination.-
958	(1)  The department shall permit any person who fails an
959	examination which is required under s. 466.006 or s. 466.007 to
960	retake the examination. If the examination to be retaken is a
961	practical or clinical examination, the applicant shall pay a
962	reexamination fee set by rule of the board in an amount not to
963	exceed the original examination fee.
964	Section 16.  Effective October 1, 2011, for the purpose of
965	incorporating the amendment made by this act to section 466.006,
966	Florida Statutes, in a reference thereto, section 466.011,
967	Florida Statutes, is reenacted to read:
968	466.011  Licensure.-The board shall certify for licensure
969	by the department any applicant who satisfies the requirements
970	of s. 466.006, s. 466.0067, or s. 466.007. The board may refuse
971	to certify an applicant who has violated any of the provisions
972	of s. 466.026 or s. 466.028.
973	Section 17.  Subsections (7), (8), and (9) of section
974	468.701, Florida Statutes, are renumbered as subsections (8),
975	(9), and (10), respectively, and a new subsection (7) is added
976	to that section, to read:
977	468.701  Definitions.-As used in this part, the term:
978	(7)  "Board of Certification" means the nationally
979	accredited certifying body for athletic trainers or its
980	successor agency.
981	Section 18.  Subsection (2) of section 468.703, Florida
982	Statutes, is amended to read:
983	468.703  Board of Athletic Training.-
984	(2)  Five members of the board must be licensed athletic
985	trainers, certified by the Board of Certification. One member of
986	the board must be a physician licensed under chapter 458 or
987	chapter 459. One member of the board must be a physician
988	licensed under chapter 460. Two members of the board shall be
989	consumer members, each of whom must be a resident of this state
990	who has never worked as an athletic trainer, who has no
991	financial interest in the practice of athletic training, and who
992	has never been a licensed health care practitioner as defined in
993	s. 456.001(4).
994	Section 19.  Section 468.707, Florida Statutes, is amended
995	to read:
996	468.707  Licensure by examination; requirements.-
997	(1)  Any person desiring to be licensed as an athletic
998	trainer shall apply to the department on a form approved by the
999	department. The department shall license each applicant who:
1000	(1)(a)  Has completed the application form and remitted the
1001	required fees.
1002	(2)(b)  Is at least 21 years of age.
1003	(3)(c)  Has obtained a baccalaureate degree from a college
1004	or university accredited by an accrediting agency recognized and
1005	approved by the United States Department of Education or the
1006	Commission on Recognition of Postsecondary Accreditation, or
1007	approved by the board, or recognized by the Board of
1008	Certification.
1009	(4)(d)  If graduated after 2004, has completed an approved
1010	athletic training curriculum from a college or university
1011	accredited by a program recognized by the Board of Certification
1012	an accrediting agency recognized and approved by the United
1013	States Department of Education or the Commission on Recognition
1014	of Postsecondary Accreditation, or approved by the board.
1015	(5)(e)  Has current certification in cardiovascular
1016	pulmonary resuscitation with an automated external defibrillator
1017	from the American Red Cross or, the American Heart Association,
1018	or an equivalent certification as determined by the board.
1019	(6)(f)  Has passed the an examination and is certified by
1020	the Board of Certification administered or approved by the
1021	board.
1022	(2)  Pursuant to the requirements of s. 456.034, each
1023	applicant shall complete a continuing education course on human
1024	immunodeficiency virus and acquired immune deficiency syndrome
1025	as part of initial licensure.
1026	Section 20.  Section 468.711, Florida Statutes, is amended
1027	to read:
1028	468.711  Renewal of license; continuing education.-
1029	(1)  The department shall renew a license upon receipt of
1030	the renewal application and fee, provided the applicant is in
1031	compliance with the provisions of this section, chapter 456, and
1032	rules promulgated pursuant thereto.
1033	(2)  The board may, by rule, prescribe continuing education
1034	requirements, not to exceed 24 hours biennially. The criteria
1035	for continuing education shall be approved by the board and must
1036	shall include a current certificate in cardiovascular pulmonary
1037	resuscitation with an automated external defibrillator from the
1038	American Red Cross or the American Heart Association or an
1039	equivalent training as determined by the board.
1040	(3)  The licensee must be currently certified by the Board
1041	of Certification or its successor agency Pursuant to the
1042	requirements of s. 456.034, each licensee shall complete a
1043	continuing education course on human immunodeficiency virus and
1044	acquired immune deficiency syndrome as part of biennial
1045	relicensure.
1046	Section 21.  If any provision of this act or its
1047	application to any person or circumstance is held invalid by a
1048	court of competent jurisdiction, the invalidity does not affect
1049	other provisions or applications of the act which can be given
1050	effect without the invalid provision or application, and to this
1051	end the provisions of this act are severable.
1052	Section 22.  Except as otherwise specifically provided in
1053	this act, this act shall take effect upon becoming a law, and
1054	shall not apply retroactively.

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