| 1 | A bill to be entitled |
| 2 | An act relating to the practice of dentistry; requiring |
| 3 | persons who apply for licensure renewal as a dentist or |
| 4 | dental hygienist to furnish certain information to the |
| 5 | Department of Health in a dental workforce survey; |
| 6 | requiring the Board of Dentistry to issue a |
| 7 | nondisciplinary citation and a notice for failure to |
| 8 | complete the survey within a specified time; providing |
| 9 | notification requirements for the citation; requiring the |
| 10 | department to serve as the coordinating body for the |
| 11 | purpose of collecting, disseminating, and updating dental |
| 12 | workforce data; requiring the department to maintain a |
| 13 | database regarding the state's dental workforce; requiring |
| 14 | the department to develop strategies to maximize federal |
| 15 | and state programs and to work with an advisory body to |
| 16 | address matters relating to the state's dental workforce; |
| 17 | providing membership of the advisory body; providing for |
| 18 | members of the advisory body to serve without |
| 19 | compensation; requiring the department to act as a |
| 20 | clearinghouse for collecting and disseminating information |
| 21 | regarding the dental workforce; requiring the department |
| 22 | and the board to adopt rules; providing legislative intent |
| 23 | regarding implementation of the act within existing |
| 24 | resources; amending s. 499.01, F.S.; authorizing certain |
| 25 | business entities to pay for prescription drugs obtained |
| 26 | by practitioners licensed under ch. 466, F.S.; amending s. |
| 27 | 624.91, F.S.; revising the membership of the board of |
| 28 | directors of the Florida Healthy Kids Corporation to |
| 29 | include a member nominated by the Florida Dental |
| 30 | Association and appointed by the Governor; providing an |
| 31 | effective date. |
| 32 |
|
| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
|
| 35 | Section 1. Dental workforce survey.- |
| 36 | (1) Beginning in 2012, each person who applies for |
| 37 | licensure renewal as a dentist or dental hygienist under chapter |
| 38 | 466, Florida Statutes, must, in conjunction with the renewal of |
| 39 | such license under procedures and forms adopted by the Board of |
| 40 | Dentistry and in addition to any other information that may be |
| 41 | required from the applicant, furnish the following information |
| 42 | to the Department of Health, working in conjunction with the |
| 43 | board, in a dental workforce survey: |
| 44 | (a) Licensee information, including, but not limited to: |
| 45 | 1. The name of the dental school or dental hygiene program |
| 46 | that the dentist or dental hygienist graduated from and the year |
| 47 | of graduation. |
| 48 | 2. The year that the dentist or dental hygienist began |
| 49 | practicing or working in this state. |
| 50 | 3. The geographic location of the dentist's or dental |
| 51 | hygienist's practice or address within the state. |
| 52 | 4. For a dentist in private practice: |
| 53 | a. The number of full-time dental hygienists employed by |
| 54 | the dentist during the reporting period. |
| 55 | b. The number of full-time dental assistants employed by |
| 56 | the dentist during the reporting period. |
| 57 | c. The average number of patients treated per week by the |
| 58 | dentist during the reporting period. |
| 59 | d. The settings where the dental care was delivered. |
| 60 | 5. Anticipated plans of the dentist to change the status |
| 61 | of his or her license or practice. |
| 62 | 6. The dentist's areas of specialty or certification. |
| 63 | 7. The year that the dentist completed a specialty program |
| 64 | recognized by the American Dental Association. |
| 65 | 8. For a hygienist: |
| 66 | a. The average number of patients treated per week by the |
| 67 | hygienist during the reporting period. |
| 68 | b. The settings where the dental care was delivered. |
| 69 | 9. The dentist's memberships in professional |
| 70 | organizations. |
| 71 | 10. The number of pro bono hours provided by the dentist |
| 72 | or dental hygienist during the last biennium. |
| 73 | (b) Information concerning the availability and trends |
| 74 | relating to critically needed services, including, but not |
| 75 | limited to, the following types of care provided by the dentist |
| 76 | or dental hygienist: |
| 77 | 1. Dental care to children having special needs. |
| 78 | 2. Geriatric dental care. |
| 79 | 3. Dental services in emergency departments. |
| 80 | 4. Medicaid services. |
| 81 | 5. Other critically needed specialty areas, as determined |
| 82 | by the advisory body. |
| 83 | (2) In addition to the completed survey, the dentist or |
| 84 | dental hygienist must submit a statement that the information |
| 85 | provided is true and accurate to the best of his or her |
| 86 | knowledge and belief. |
| 87 | (3) Beginning in 2012, renewal of a license by a dentist |
| 88 | or dental hygienist licensed under chapter 466, Florida |
| 89 | Statutes, is not contingent upon the completion and submission |
| 90 | of the dental workforce survey; however, for any subsequent |
| 91 | license renewal, the board may not renew the license of any |
| 92 | dentist or dental hygienist until the survey required under this |
| 93 | section is completed and submitted by the licensee. |
| 94 | (4)(a) Beginning in 2012, the Board of Dentistry shall |
| 95 | issue a nondisciplinary citation to any dentist or dental |
| 96 | hygienist licensed under chapter 466, Florida Statutes, who |
| 97 | fails to complete the survey within 90 days after the renewal of |
| 98 | his or her license to practice as a dentist or dental hygienist. |
| 99 | (b) The citation must notify a dentist or dental hygienist |
| 100 | who fails to complete the survey required by this section that |
| 101 | his or her license will not be renewed for any subsequent |
| 102 | license renewal unless the dentist or dental hygienist completes |
| 103 | the survey. |
| 104 | (c) In conjunction with issuing the license renewal notice |
| 105 | required by s. 456.038, Florida Statutes, the board shall notify |
| 106 | each dentist or dental hygienist licensed under chapter 466, |
| 107 | Florida Statutes, who fails to complete the survey that the |
| 108 | survey must be completed before the subsequent license renewal. |
| 109 | Section 2. (1) The Department of Health shall serve as |
| 110 | the coordinating body for the purpose of collecting and |
| 111 | regularly updating and disseminating dental workforce data. The |
| 112 | department shall work with multiple stakeholders, including the |
| 113 | Florida Dental Association and the Florida Dental Hygiene |
| 114 | Association, to assess and share with all communities of |
| 115 | interest all data collected in a timely fashion. |
| 116 | (2) The Department of Health shall maintain a current |
| 117 | database to serve as a statewide source of data concerning the |
| 118 | dental workforce. The department, in conjunction with the board, |
| 119 | shall also: |
| 120 | (a) Develop strategies to maximize federal and state |
| 121 | programs that provide incentives for dentists to practice in |
| 122 | shortage areas that are federally designated. Strategies shall |
| 123 | include programs such as the Florida Health Services Corps |
| 124 | established under s. 381.0302, Florida Statutes. |
| 125 | (b) Work in conjunction with an advisory body to address |
| 126 | matters relating to the state's dental workforce. The advisory |
| 127 | body shall provide input on developing questions for the dentist |
| 128 | workforce survey. An advisory body shall include, but need not |
| 129 | be limited to, the State Surgeon General or his or her designee, |
| 130 | the dean of each dental school accredited in the United States |
| 131 | and based in this state or his or her designee, a representative |
| 132 | from the Florida Dental Association, a representative from the |
| 133 | Florida Dental Hygiene Association, a representative from the |
| 134 | Florida Board of Dentistry, and a dentist from each of the |
| 135 | dental specialties recognized by the American Dental |
| 136 | Association's Commission on Dental Accreditation. Members of the |
| 137 | advisory body shall serve without compensation. |
| 138 | (c) Act as a clearinghouse for collecting and |
| 139 | disseminating information concerning the dental workforce. |
| 140 | (3) The Department of Health and the Board of Dentistry |
| 141 | shall adopt rules necessary to administer this section. |
| 142 | Section 3. It is the intent of the Legislature that the |
| 143 | Department of Health and the Board of Dentistry implement the |
| 144 | provisions of this act within existing resources. |
| 145 | Section 4. Paragraph (t) of subsection (2) of section |
| 146 | 499.01, Florida Statutes, is amended to read: |
| 147 | 499.01 Permits.- |
| 148 | (2) The following permits are established: |
| 149 | (t) Health care clinic establishment permit.-Effective |
| 150 | January 1, 2009, a health care clinic establishment permit is |
| 151 | required for the purchase of a prescription drug by a place of |
| 152 | business at one general physical location that provides health |
| 153 | care or veterinary services, which is owned and operated by a |
| 154 | business entity that has been issued a federal employer tax |
| 155 | identification number. For the purpose of this paragraph, the |
| 156 | term "qualifying practitioner" means a licensed health care |
| 157 | practitioner defined in s. 456.001, or a veterinarian licensed |
| 158 | under chapter 474, who is authorized under the appropriate |
| 159 | practice act to prescribe and administer a prescription drug. |
| 160 | 1. An establishment must provide, as part of the |
| 161 | application required under s. 499.012, designation of a |
| 162 | qualifying practitioner who will be responsible for complying |
| 163 | with all legal and regulatory requirements related to the |
| 164 | purchase, recordkeeping, storage, and handling of the |
| 165 | prescription drugs. In addition, the designated qualifying |
| 166 | practitioner shall be the practitioner whose name, establishment |
| 167 | address, and license number is used on all distribution |
| 168 | documents for prescription drugs purchased or returned by the |
| 169 | health care clinic establishment. Upon initial appointment of a |
| 170 | qualifying practitioner, the qualifying practitioner and the |
| 171 | health care clinic establishment shall notify the department on |
| 172 | a form furnished by the department within 10 days after such |
| 173 | employment. In addition, the qualifying practitioner and health |
| 174 | care clinic establishment shall notify the department within 10 |
| 175 | days after any subsequent change. |
| 176 | 2. The health care clinic establishment must employ a |
| 177 | qualifying practitioner at each establishment. |
| 178 | 3. In addition to the remedies and penalties provided in |
| 179 | this part, a violation of this chapter by the health care clinic |
| 180 | establishment or qualifying practitioner constitutes grounds for |
| 181 | discipline of the qualifying practitioner by the appropriate |
| 182 | regulatory board. |
| 183 | 4. The purchase of prescription drugs by the health care |
| 184 | clinic establishment is prohibited during any period of time |
| 185 | when the establishment does not comply with this paragraph. |
| 186 | 5. A health care clinic establishment permit is not a |
| 187 | pharmacy permit or otherwise subject to chapter 465. A health |
| 188 | care clinic establishment that meets the criteria of a modified |
| 189 | Class II institutional pharmacy under s. 465.019 is not eligible |
| 190 | to be permitted under this paragraph. |
| 191 | 6. This paragraph does not apply to the purchase of a |
| 192 | prescription drug by a licensed practitioner under his or her |
| 193 | license. A professional corporation or limited liability company |
| 194 | composed of dentists and operating as authorized in s. 466.0285 |
| 195 | may pay for prescription drugs obtained by a practitioner |
| 196 | licensed under chapter 466, and the licensed practitioner is |
| 197 | deemed the purchaser and owner of the prescription drugs. |
| 198 | Section 5. Paragraph (a) of subsection (6) of section |
| 199 | 624.91, Florida Statutes, is amended to read: |
| 200 | 624.91 The Florida Healthy Kids Corporation Act.- |
| 201 | (6) BOARD OF DIRECTORS.- |
| 202 | (a) The Florida Healthy Kids Corporation shall operate |
| 203 | subject to the supervision and approval of a board of directors |
| 204 | chaired by the Chief Financial Officer or her or his designee, |
| 205 | and composed of 12 11 other members selected for 3-year terms of |
| 206 | office as follows: |
| 207 | 1. The Secretary of Health Care Administration, or his or |
| 208 | her designee. |
| 209 | 2. One member appointed by the Commissioner of Education |
| 210 | from the Office of School Health Programs of the Florida |
| 211 | Department of Education. |
| 212 | 3. One member appointed by the Chief Financial Officer |
| 213 | from among three members nominated by the Florida Pediatric |
| 214 | Society. |
| 215 | 4. One member, appointed by the Governor, who represents |
| 216 | the Children's Medical Services Program. |
| 217 | 5. One member appointed by the Chief Financial Officer |
| 218 | from among three members nominated by the Florida Hospital |
| 219 | Association. |
| 220 | 6. One member, appointed by the Governor, who is an expert |
| 221 | on child health policy. |
| 222 | 7. One member, appointed by the Chief Financial Officer, |
| 223 | from among three members nominated by the Florida Academy of |
| 224 | Family Physicians. |
| 225 | 8. One member, appointed by the Governor, who represents |
| 226 | the state Medicaid program. |
| 227 | 9. One member, appointed by the Chief Financial Officer, |
| 228 | from among three members nominated by the Florida Association of |
| 229 | Counties. |
| 230 | 10. The State Health Officer or her or his designee. |
| 231 | 11. The Secretary of Children and Family Services, or his |
| 232 | or her designee. |
| 233 | 12. One member, appointed by the Governor, from among |
| 234 | three members nominated by the Florida Dental Association. |
| 235 | Section 6. This act shall take effect July 1, 2011. |