Florida Senate - 2020                                    SB 1296
       
       
        
       By Senator Berman
       
       
       
       
       
       31-01393-20                                           20201296__
    1                        A bill to be entitled                      
    2         An act relating to health access dental licenses;
    3         reviving, reenacting, and amending s. 466.0067, F.S.,
    4         relating to the application for a health access dental
    5         license; reviving, reenacting, and amending s.
    6         466.00671, F.S., relating to the renewal of such
    7         license; reviving and reenacting s. 466.00672, F.S.,
    8         relating to the revocation of such license; providing
    9         an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Notwithstanding the January 1, 2020, repeal of
   14  section 466.0067, Florida Statutes, that section is revived,
   15  reenacted, and amended to read:
   16         466.0067 Application for health access dental license.—The
   17  Legislature finds that there is an important state interest in
   18  attracting dentists to practice in underserved health access
   19  settings in this state and further, that allowing out-of-state
   20  dentists who meet certain criteria to practice in health access
   21  settings without the supervision of a dentist licensed in this
   22  state is substantially related to achieving this important state
   23  interest. Therefore, notwithstanding the requirements of s.
   24  466.006, the board shall grant a health access dental license to
   25  practice dentistry in this state in health access settings as
   26  defined in s. 466.003 to an applicant who that:
   27         (1) Files an appropriate application approved by the board;
   28         (2) Pays an application license fee for a health access
   29  dental license, laws-and-rule exam fee, and an initial licensure
   30  fee. The fees specified in this subsection may not differ from
   31  an applicant seeking licensure pursuant to s. 466.006;
   32         (3) Has not been convicted of or pled nolo contendere to,
   33  regardless of adjudication, any felony or misdemeanor related to
   34  the practice of a health care profession;
   35         (4) Submits proof of graduation from a dental school
   36  accredited by the Commission on Dental Accreditation of the
   37  American Dental Association or its successor agency;
   38         (5) Submits documentation that she or he has completed, or
   39  will obtain before prior to licensure, continuing education
   40  equivalent to this state’s requirement for dentists licensed
   41  under s. 466.006 for the last full reporting biennium before
   42  applying for a health access dental license;
   43         (6) Submits proof of her or his successful completion of
   44  parts I and II of the dental examination by the National Board
   45  of Dental Examiners and a state or regional clinical dental
   46  licensing examination that the board has determined effectively
   47  measures the applicant’s ability to practice safely;
   48         (7) Currently holds a valid, active, dental license in good
   49  standing from another of the United States, the District of
   50  Columbia, or a United States territory which has not been
   51  revoked, suspended, restricted, or otherwise disciplined from
   52  another of the United States, the District of Columbia, or a
   53  United States territory;
   54         (8) Has never had a license revoked from another of the
   55  United States, the District of Columbia, or a United States
   56  territory;
   57         (9) Has never failed the examination specified in s.
   58  466.006, unless the applicant was reexamined pursuant to s.
   59  466.006 and received a license to practice dentistry in this
   60  state;
   61         (10) Has not been reported to the National Practitioner
   62  Data Bank, unless the applicant successfully appealed to have
   63  his or her name removed from the data bank;
   64         (11) Submits proof that he or she has been engaged in the
   65  active, clinical practice of dentistry providing direct patient
   66  care for 5 years immediately preceding the date of application,
   67  or in instances when the applicant has graduated from an
   68  accredited dental school within the preceding 5 years, submits
   69  proof of continuous clinical practice providing direct patient
   70  care since graduation; and
   71         (12) Has passed an examination covering the laws and rules
   72  of the practice of dentistry in this state as described in s.
   73  466.006(4)(a).
   74         Section 2. Notwithstanding the January 1, 2020, repeal of
   75  section 466.00671, Florida Statutes, that section is revived,
   76  reenacted, and amended to read:
   77         466.00671 Renewal of the health access dental license.—
   78         (1) A health access dental licensee shall apply for renewal
   79  each biennium. At the time of renewal, the licensee shall sign a
   80  statement that she or he has complied with all continuing
   81  education requirements of an active dentist licensee. The board
   82  shall renew a health access dental license for an applicant who
   83  that:
   84         (a) Submits documentation, as approved by the board, from
   85  the employer in the health access setting that the licensee has
   86  at all times pertinent remained an employee;
   87         (b) Has not been convicted of or pled nolo contendere to,
   88  regardless of adjudication, any felony or misdemeanor related to
   89  the practice of a health care profession;
   90         (c) Has paid a renewal fee set by the board. The fee
   91  specified herein may not differ from the renewal fee adopted by
   92  the board pursuant to s. 466.013. The department may provide
   93  payment for these fees through the dentist’s salary, benefits,
   94  or other department funds;
   95         (d) Has not failed the examination specified in s. 466.006
   96  since initially receiving a health access dental license or
   97  since the last renewal; and
   98         (e) Has not been reported to the National Practitioner Data
   99  Bank, unless the applicant successfully appealed to have his or
  100  her name removed from the data bank.
  101         (2) The board may undertake measures to independently
  102  verify the health access dental licensee’s ongoing employment
  103  status in the health access setting.
  104         Section 3. Notwithstanding the January 1, 2020, repeal of
  105  section 466.00672, Florida Statutes, that section is revived and
  106  reenacted to read:
  107         466.00672 Revocation of health access dental license.—
  108         (1) The board shall revoke a health access dental license
  109  upon:
  110         (a) The licensee’s termination from employment from a
  111  qualifying health access setting;
  112         (b) Final agency action determining that the licensee has
  113  violated any provision of s. 466.027 or s. 466.028, other than
  114  infractions constituting citation offenses or minor violations;
  115  or
  116         (c) Failure of the Florida dental licensure examination.
  117         (2) Failure of an individual licensed pursuant to s.
  118  466.0067 to limit the practice of dentistry to health access
  119  settings as defined in s. 466.003 constitutes the unlicensed
  120  practice of dentistry.
  121         Section 4. This act shall take effect July 1, 2020.