Bill Text: FL S1254 | 2024 | Regular Session | Introduced


Bill Title: Dental Therapy

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2024-03-08 - Died in Health Policy [S1254 Detail]

Download: Florida-2024-S1254-Introduced.html
       Florida Senate - 2024                                    SB 1254
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01028B-24                                          20241254__
    1                        A bill to be entitled                      
    2         An act relating to dental therapy; amending s.
    3         409.906, F.S.; authorizing Medicaid to reimburse for
    4         dental services provided in a mobile dental unit that
    5         is owned by, operated by, or contracted with a health
    6         access setting or another similar setting or program;
    7         amending s. 466.001, F.S.; revising legislative
    8         purpose and intent; amending s. 466.002, F.S.;
    9         providing applicability; reordering and amending s.
   10         466.003, F.S.; defining the terms “dental therapist”
   11         and “dental therapy”; making technical changes;
   12         amending s. 466.004, F.S.; requiring the chair of the
   13         Board of Dentistry to appoint a Council on Dental
   14         Therapy, effective after a specified timeframe;
   15         providing for membership, meetings, and the purpose of
   16         the council; amending s. 466.006, F.S.; revising the
   17         definitions of the terms “full-time practice” and
   18         “full-time practice of dentistry within the geographic
   19         boundaries of this state within 1 year” to include
   20         full-time faculty members of certain dental therapy
   21         schools; amending s. 466.009, F.S.; requiring the
   22         Department of Health to allow any person who fails the
   23         dental therapy examination to retake the examination;
   24         providing that a person who fails a practical or
   25         clinical examination to practice dental therapy and
   26         who has failed one part or procedure of the
   27         examination may be required to retake only that part
   28         or procedure to pass the examination; amending s.
   29         466.011, F.S.; requiring the board to certify an
   30         applicant for licensure as a dental therapist;
   31         creating s. 466.0136, F.S.; requiring the board to
   32         require each licensed dental therapist to complete a
   33         specified number of hours of continuing education;
   34         requiring the board to adopt rules and guidelines;
   35         authorizing the board to excuse licensees from
   36         continuing education requirements in certain
   37         circumstances; amending s. 466.016, F.S.; requiring a
   38         practitioner of dental therapy to post and display her
   39         or his license in each office where she or he
   40         practices; amending s. 466.017, F.S.; requiring the
   41         board to adopt certain rules relating to dental
   42         therapists; authorizing a dental therapist under the
   43         general supervision of a dentist to administer local
   44         anesthesia and operate an X-ray machine, expose dental
   45         X-ray films, and interpret or read such films if
   46         specified requirements are met; correcting the
   47         spelling of a term; amending s. 466.018, F.S.;
   48         providing that a dentist of record remains primarily
   49         responsible for the dental treatment of a patient
   50         regardless of whether the treatment is provided by a
   51         dental therapist; requiring that the initials of a
   52         dental therapist who renders treatment to a patient be
   53         placed in the record of the patient; creating s.
   54         466.0225, F.S.; providing application requirements and
   55         examination and licensure qualifications for dental
   56         therapists; creating s. 466.0227, F.S.; authorizing a
   57         dental therapist to perform specified services under
   58         the general supervision of a dentist under certain
   59         conditions; specifying state-specific dental therapy
   60         services; requiring that a collaborative management
   61         agreement be signed by a supervising dentist and a
   62         dental therapist and to include certain information;
   63         requiring the supervising dentist to determine the
   64         number of hours of practice that a dental therapist
   65         must complete before performing certain authorized
   66         services; authorizing a supervising dentist to
   67         restrict or limit the dental therapist’s practice in a
   68         collaborative management agreement; providing that a
   69         supervising dentist may authorize a dental therapist
   70         to provide dental therapy services to a patient before
   71         the dentist examines or diagnoses the patient under
   72         certain conditions; requiring a supervising dentist to
   73         be licensed and practicing in this state; specifying
   74         that the supervising dentist is responsible for
   75         certain services; amending s. 466.026, F.S.; providing
   76         criminal penalties for practicing dental therapy
   77         without an active license, selling or offering to sell
   78         a diploma from a dental therapy school or college,
   79         falsely using a specified name or initials, or holding
   80         oneself out as an actively licensed dental therapist;
   81         amending s. 466.028, F.S.; revising grounds for denial
   82         of a license or disciplinary action to include the
   83         practice of dental therapy; amending s. 466.0285,
   84         F.S.; prohibiting persons other than licensed dentists
   85         from employing a dental therapist in the operation of
   86         a dental office and from controlling the use of any
   87         dental equipment or material in certain circumstances;
   88         requiring the department, in consultation with the
   89         board and the Agency for Health Care Administration,
   90         to provide reports to the Legislature by specified
   91         dates; requiring that certain information and
   92         recommendations be included in the reports; providing
   93         an effective date.
   94          
   95  Be It Enacted by the Legislature of the State of Florida:
   96  
   97         Section 1. Paragraph (c) of subsection (1) of section
   98  409.906, Florida Statutes, is amended, and paragraph (e) is
   99  added to subsection (6) of that section, to read:
  100         409.906 Optional Medicaid services.—Subject to specific
  101  appropriations, the agency may make payments for services which
  102  are optional to the state under Title XIX of the Social Security
  103  Act and are furnished by Medicaid providers to recipients who
  104  are determined to be eligible on the dates on which the services
  105  were provided. Any optional service that is provided shall be
  106  provided only when medically necessary and in accordance with
  107  state and federal law. Optional services rendered by providers
  108  in mobile units to Medicaid recipients may be restricted or
  109  prohibited by the agency. Nothing in this section shall be
  110  construed to prevent or limit the agency from adjusting fees,
  111  reimbursement rates, lengths of stay, number of visits, or
  112  number of services, or making any other adjustments necessary to
  113  comply with the availability of moneys and any limitations or
  114  directions provided for in the General Appropriations Act or
  115  chapter 216. If necessary to safeguard the state’s systems of
  116  providing services to elderly and disabled persons and subject
  117  to the notice and review provisions of s. 216.177, the Governor
  118  may direct the Agency for Health Care Administration to amend
  119  the Medicaid state plan to delete the optional Medicaid service
  120  known as “Intermediate Care Facilities for the Developmentally
  121  Disabled.” Optional services may include:
  122         (1) ADULT DENTAL SERVICES.—
  123         (c) However, Medicaid will not provide reimbursement for
  124  dental services provided in a mobile dental unit, except for a
  125  mobile dental unit:
  126         1. Owned by, operated by, or having a contractual agreement
  127  with the Department of Health and complying with Medicaid’s
  128  county health department clinic services program specifications
  129  as a county health department clinic services provider.
  130         2. Owned by, operated by, or having a contractual
  131  arrangement with a federally qualified health center and
  132  complying with Medicaid’s federally qualified health center
  133  specifications as a federally qualified health center provider.
  134         3. Rendering dental services to Medicaid recipients, 21
  135  years of age and older, at nursing facilities.
  136         4. Owned by, operated by, or having a contractual agreement
  137  with a state-approved dental educational institution.
  138         5.Owned by, operated by, or having a contractual agreement
  139  with a health access setting as defined in s. 466.003 or a
  140  similar setting or program.
  141         (6) CHILDREN’S DENTAL SERVICES.—The agency may pay for
  142  diagnostic, preventive, or corrective procedures, including
  143  orthodontia in severe cases, provided to a recipient under age
  144  21, by or under the supervision of a licensed dentist. The
  145  agency may also reimburse a health access setting as defined in
  146  s. 466.003 for the remediable tasks that a licensed dental
  147  hygienist is authorized to perform under s. 466.024(2). Services
  148  provided under this program include treatment of the teeth and
  149  associated structures of the oral cavity, as well as treatment
  150  of disease, injury, or impairment that may affect the oral or
  151  general health of the individual. However, Medicaid will not
  152  provide reimbursement for dental services provided in a mobile
  153  dental unit, except for a mobile dental unit:
  154         (e)Owned by, operated by, or having a contractual
  155  agreement with a health access setting as defined in s. 466.003
  156  or a similar setting or program.
  157         Section 2. Section 466.001, Florida Statutes, is amended to
  158  read:
  159         466.001 Legislative purpose and intent.—The legislative
  160  purpose for enacting this chapter is to ensure that every
  161  dentist, dental therapist, or dental hygienist practicing in
  162  this state meets minimum requirements for safe practice without
  163  undue clinical interference by persons not licensed under this
  164  chapter. It is the legislative intent that dental services be
  165  provided only in accordance with the provisions of this chapter
  166  and not be delegated to unauthorized individuals. It is the
  167  further legislative intent that dentists, dental therapists, and
  168  dental hygienists who fall below minimum competency or who
  169  otherwise present a danger to the public shall be prohibited
  170  from practicing in this state. All provisions of this chapter
  171  relating to the practice of dentistry, dental therapy, and
  172  dental hygiene shall be liberally construed to carry out such
  173  purpose and intent.
  174         Section 3. Subsections (5) and (6) of section 466.002,
  175  Florida Statutes, are amended to read:
  176         466.002 Persons exempt from operation of chapter.—Nothing
  177  in this chapter shall apply to the following practices, acts,
  178  and operations:
  179         (5) Students in Florida schools of dentistry, dental
  180  therapy, and dental hygiene or dental assistant educational
  181  programs, while performing regularly assigned work under the
  182  curriculum of such schools or programs.
  183         (6) Instructors in Florida schools of dentistry,
  184  instructors in dental programs that prepare persons holding
  185  D.D.S. or D.M.D. degrees for certification by a specialty board
  186  and that are accredited in the United States by January 1, 2005,
  187  in the same manner as the board recognizes accreditation for
  188  Florida schools of dentistry that are not otherwise affiliated
  189  with a Florida school of dentistry, or instructors in Florida
  190  schools of dental hygiene or dental therapy or dental assistant
  191  educational programs, while performing regularly assigned
  192  instructional duties under the curriculum of such schools or
  193  programs. A full-time dental instructor at a dental school or
  194  dental program approved by the board may be allowed to practice
  195  dentistry at the teaching facilities of such school or program,
  196  upon receiving a teaching permit issued by the board, in strict
  197  compliance with such rules as are adopted by the board
  198  pertaining to the teaching permit and with the established rules
  199  and procedures of the dental school or program as recognized in
  200  this section.
  201         Section 4. Section 466.003, Florida Statutes, is reordered
  202  and amended to read:
  203         466.003 Definitions.—As used in this chapter, the term:
  204         (1) “Board” means the Board of Dentistry.
  205         (7)(2) “Dentist” means a person licensed to practice
  206  dentistry pursuant to this chapter.
  207         (8)(3) “Dentistry” means the healing art which is concerned
  208  with the examination, diagnosis, treatment planning, and care of
  209  conditions within the human oral cavity and its adjacent tissues
  210  and structures. It includes the performance or attempted
  211  performance of any dental operation, or oral or oral
  212  maxillofacial surgery and any procedures adjunct thereto,
  213  including physical evaluation directly related to such operation
  214  or surgery pursuant to hospital rules and regulations. It also
  215  includes dental service of any kind gratuitously or for any
  216  remuneration paid, or to be paid, directly or indirectly, to any
  217  person or agency. The term “dentistry” shall also includes
  218  include the following:
  219         (a) The Taking of an impression of the human tooth, teeth,
  220  or jaws directly or indirectly and by any means or method.
  221         (b) Supplying artificial substitutes for the natural teeth
  222  or furnishing, supplying, constructing, reproducing, or
  223  repairing any prosthetic denture, bridge, appliance, or any
  224  other structure designed to be worn in the human mouth except on
  225  the written work order of a duly licensed dentist.
  226         (c) The Placing of an appliance or structure in the human
  227  mouth or the adjusting or attempting to adjust the same.
  228         (d) Delivering the same to any person other than the
  229  dentist upon whose work order the work was performed.
  230         (e) Professing to the public by any method to furnish,
  231  supply, construct, reproduce, or repair any prosthetic denture,
  232  bridge, appliance, or other structure designed to be worn in the
  233  human mouth.
  234         (f) Diagnosing, prescribing, or treating or professing to
  235  diagnose, prescribe, or treat disease, pain, deformity,
  236  deficiency, injury, or physical condition of the human teeth or
  237  jaws or oral-maxillofacial region.
  238         (g) Extracting or attempting to extract human teeth.
  239         (h) Correcting or attempting to correct malformations of
  240  teeth or of jaws.
  241         (i) Repairing or attempting to repair cavities in the human
  242  teeth.
  243         (3)(4) “Dental hygiene” means the rendering of educational,
  244  preventive, and therapeutic dental services pursuant to ss.
  245  466.023 and 466.024 and any related extra-oral procedure
  246  required in the performance of such services.
  247         (4)(5) “Dental hygienist” means a person licensed to
  248  practice dental hygiene pursuant to this chapter.
  249         (2)(6) “Dental assistant” means a person, other than a
  250  dental hygienist, who, under the supervision and authorization
  251  of a dentist, provides dental care services directly to a
  252  patient. This term does shall not include a certified registered
  253  nurse anesthetist licensed under part I of chapter 464.
  254         (5)“Dental therapist” means a person licensed to practice
  255  dental therapy pursuant to s. 466.0225.
  256         (6)“Dental therapy” means the rendering of services
  257  pursuant to s. 466.0227 and any related extraoral services or
  258  procedures required in the performance of such services.
  259         (9)(7) “Department” means the Department of Health.
  260         (10)(8) “Direct supervision” means supervision whereby a
  261  dentist diagnoses the condition to be treated, a dentist
  262  authorizes the procedure to be performed, a dentist remains on
  263  the premises while the procedures are performed, and a dentist
  264  approves the work performed before dismissal of the patient.
  265         (13)(9) “Indirect supervision” means supervision whereby a
  266  dentist authorizes the procedure and a dentist is on the
  267  premises while the procedures are performed.
  268         (11)(10) “General supervision” means supervision whereby a
  269  dentist authorizes the procedures which are being carried out
  270  but need not be present when the authorized procedures are being
  271  performed. The authorized procedures may also be performed at a
  272  place other than the dentist’s usual place of practice. The
  273  issuance of a written work authorization to a commercial dental
  274  laboratory by a dentist does not constitute general supervision.
  275         (14)(11) “Irremediable tasks” are those intraoral treatment
  276  tasks which, when performed, are irreversible and create
  277  unalterable changes within the oral cavity or the contiguous
  278  structures or which cause an increased risk to the patient. The
  279  administration of anesthetics other than topical anesthesia is
  280  considered to be an “irremediable task” for purposes of this
  281  chapter.
  282         (16)(12) “Remediable tasks” are those intraoral treatment
  283  tasks which are reversible and do not create unalterable changes
  284  within the oral cavity or the contiguous structures and which do
  285  not cause an increased risk to the patient.
  286         (15)(13) “Oral and maxillofacial surgery” means the
  287  specialty of dentistry involving diagnosis, surgery, and
  288  adjunctive treatment of diseases, injuries, and defects
  289  involving the functional and esthetic aspects of the hard and
  290  soft tissues of the oral and maxillofacial regions. This term
  291  may not be construed to apply to any individual exempt under s.
  292  466.002(1).
  293         (12)(14) “Health access setting” means a program or an
  294  institution of the Department of Children and Families, the
  295  Department of Health, the Department of Juvenile Justice, a
  296  nonprofit community health center, a Head Start center, a
  297  federally qualified health center or look-alike as defined by
  298  federal law, a school-based prevention program, a clinic
  299  operated by an accredited college of dentistry, or an accredited
  300  dental hygiene program in this state if such community service
  301  program or institution immediately reports to the Board of
  302  Dentistry all violations of s. 466.027, s. 466.028, or other
  303  practice act or standard of care violations related to the
  304  actions or inactions of a dentist, dental hygienist, or dental
  305  assistant engaged in the delivery of dental care in such
  306  setting.
  307         (17)(15) “School-based prevention program” means preventive
  308  oral health services offered at a school by one of the entities
  309  described defined in subsection (12) (14) or by a nonprofit
  310  organization that is exempt from federal income taxation under
  311  s. 501(a) of the Internal Revenue Code, and described in s.
  312  501(c)(3) of the Internal Revenue Code.
  313         Section 5. Subsection (2) of section 466.004, Florida
  314  Statutes, is amended to read:
  315         466.004 Board of Dentistry.—
  316         (2) To advise the board, it is the intent of the
  317  Legislature that councils be appointed as specified in
  318  paragraphs (a)-(d) (a), (b), and (c). The department shall
  319  provide administrative support to the councils and shall provide
  320  public notice of meetings and agendas agenda of the councils.
  321  Councils must shall include at least one board member, who shall
  322  serve as chair, the council and must shall include nonboard
  323  members. All council members shall be appointed by the board
  324  chair. Council members shall be appointed for 4-year terms, and
  325  all members are shall be eligible for reimbursement of expenses
  326  in the manner of board members.
  327         (a) A Council on Dental Hygiene shall be appointed by the
  328  board chair and shall include one dental hygienist member of the
  329  board, who shall chair the council, one dental member of the
  330  board, and three dental hygienists who are actively engaged in
  331  the practice of dental hygiene in this state. In making the
  332  appointments, the chair shall consider recommendations from the
  333  Florida Dental Hygiene Association. The council shall meet at
  334  the request of the board chair, a majority of the members of the
  335  board, or the council chair; however, the council must meet at
  336  least three times a year. The council is charged with the
  337  responsibility of and shall meet for the purpose of developing
  338  rules and policies for recommendation to the board, which the
  339  board shall consider, on matters pertaining to that part of
  340  dentistry consisting of educational, preventive, or therapeutic
  341  dental hygiene services; dental hygiene licensure, discipline,
  342  or regulation; and dental hygiene education. Rule and policy
  343  recommendations of the council must shall be considered by the
  344  board at its next regularly scheduled meeting in the same manner
  345  in which it considers rule and policy recommendations from
  346  designated subcommittees of the board. Any rule or policy
  347  proposed by the board pertaining to the specified part of
  348  dentistry identified defined by this subsection must shall be
  349  referred to the council for a recommendation before final action
  350  by the board. The board may take final action on rules
  351  pertaining to the specified part of dentistry identified defined
  352  by this subsection without a council recommendation if the
  353  council fails to submit a recommendation in a timely fashion as
  354  prescribed by the board.
  355         (b) A Council on Dental Assisting shall be appointed by the
  356  board chair and shall include one board member who shall chair
  357  the council and three dental assistants who are actively engaged
  358  in dental assisting in this state. The council shall meet at the
  359  request of the board chair or a majority of the members of the
  360  board. The council shall meet for the purpose of developing
  361  recommendations to the board on matters pertaining to that part
  362  of dentistry related to dental assisting.
  363         (c) Effective 28 months after the first dental therapy
  364  license is granted by the board, the board chair shall appoint a
  365  Council on Dental Therapy, which must include one board member
  366  who shall chair the council and three dental therapists who are
  367  actively engaged in the practice of dental therapy in this
  368  state. The council shall meet at the request of the board chair,
  369  a majority of the members of the board, or the council chair;
  370  however, the council shall meet at least three times per year.
  371  The council is charged with the responsibility of, and shall
  372  meet for the purpose of, developing rules and policies for
  373  recommendation to the board on matters pertaining to that part
  374  of dentistry consisting of educational, preventive, or
  375  therapeutic dental therapy services; dental therapy licensure,
  376  discipline, or regulation; and dental therapy education. Rule
  377  and policy recommendations of the council must be considered by
  378  the board at its next regularly scheduled meeting in the same
  379  manner in which it considers rule and policy recommendations
  380  from designated subcommittees of the board. Any rule or policy
  381  proposed by the board pertaining to the specified part of
  382  dentistry identified by this subsection must be referred to the
  383  council for a recommendation before final action by the board.
  384  The board may take final action on rules pertaining to the
  385  specified part of dentistry identified by this subsection
  386  without a council recommendation if the council fails to submit
  387  a recommendation in a timely fashion as prescribed by the board.
  388         (d) With the concurrence of the State Surgeon General, the
  389  board chair may create and abolish other advisory councils
  390  relating to dental subjects, including, but not limited to:
  391  examinations, access to dental care, indigent care, nursing home
  392  and institutional care, public health, disciplinary guidelines,
  393  and other subjects as appropriate. Such councils shall be
  394  appointed by the board chair and shall include at least one
  395  board member who shall serve as chair.
  396         Section 6. Paragraph (b) of subsection (4) and paragraph
  397  (b) of subsection (6) of section 466.006, Florida Statutes, are
  398  amended to read:
  399         466.006 Examination of dentists.—
  400         (4) Notwithstanding any other provision of law in chapter
  401  456 pertaining to the clinical dental licensure examination or
  402  national examinations, to be licensed as a dentist in this
  403  state, an applicant must successfully complete both of the
  404  following:
  405         (b) A practical or clinical examination, which must be the
  406  American Dental Licensing Examination produced by the American
  407  Board of Dental Examiners, Inc., or its successor entity, if
  408  any, that is administered in this state, provided that the board
  409  has attained, and continues to maintain thereafter,
  410  representation on the board of directors of the American Board
  411  of Dental Examiners, the examination development committee of
  412  the American Board of Dental Examiners, and such other
  413  committees of the American Board of Dental Examiners as the
  414  board deems appropriate by rule to assure that the standards
  415  established herein are maintained organizationally. A passing
  416  score on the American Dental Licensing Examination administered
  417  in this state is valid for 365 days after the date the official
  418  examination results are published.
  419         1. As an alternative to such practical or clinical
  420  examination, an applicant may submit scores from an American
  421  Dental Licensing Examination previously administered in a
  422  jurisdiction other than this state after October 1, 2011, and
  423  such examination results must shall be recognized as valid for
  424  the purpose of licensure in this state. A passing score on the
  425  American Dental Licensing Examination administered out of state
  426  is shall be the same as the passing score for the American
  427  Dental Licensing Examination administered in this state. The
  428  examination results are valid for 365 days after the date the
  429  official examination results are published. The applicant must
  430  have completed the examination after October 1, 2011. This
  431  subparagraph may not be given retroactive application.
  432         2. If the date of an applicant’s passing American Dental
  433  Licensing Examination scores from an examination previously
  434  administered in a jurisdiction other than this state under
  435  subparagraph 1. is older than 365 days, such scores are
  436  nevertheless valid for the purpose of licensure in this state,
  437  but only if the applicant demonstrates that all of the following
  438  additional standards have been met:
  439         a. The applicant completed the American Dental Licensing
  440  Examination after October 1, 2011. This sub-subparagraph may not
  441  be given retroactive application;
  442         b. The applicant graduated from a dental school accredited
  443  by the American Dental Association Commission on Dental
  444  Accreditation or its successor entity, if any, or any other
  445  dental accrediting organization recognized by the United States
  446  Department of Education. Provided, however, if the applicant did
  447  not graduate from such a dental school, the applicant may submit
  448  proof of having successfully completed a full-time supplemental
  449  general dentistry program accredited by the American Dental
  450  Association Commission on Dental Accreditation of at least 2
  451  consecutive academic years at such accredited sponsoring
  452  institution. Such program must provide didactic and clinical
  453  education at the level of a D.D.S. or D.M.D. program accredited
  454  by the American Dental Association Commission on Dental
  455  Accreditation. For purposes of this sub-subparagraph, a
  456  supplemental general dentistry program does not include an
  457  advanced education program in a dental specialty;
  458         c. The applicant currently possesses a valid and active
  459  dental license in good standing, with no restriction, which has
  460  never been revoked, suspended, restricted, or otherwise
  461  disciplined, from another state or territory of the United
  462  States, the District of Columbia, or the Commonwealth of Puerto
  463  Rico;
  464         d. The applicant submits proof that he or she has never
  465  been reported to the National Practitioner Data Bank, the
  466  Healthcare Integrity and Protection Data Bank, or the American
  467  Association of Dental Boards Clearinghouse. This sub
  468  subparagraph does not apply if the applicant successfully
  469  appealed to have his or her name removed from the data banks of
  470  these agencies;
  471         e.(I)(A) The applicant submits proof of having been
  472  consecutively engaged in the full-time practice of dentistry in
  473  another state or territory of the United States, the District of
  474  Columbia, or the Commonwealth of Puerto Rico in the 5 years
  475  immediately preceding the date of application for licensure in
  476  this state; or
  477         (B) If the applicant has been licensed in another state or
  478  territory of the United States, the District of Columbia, or the
  479  Commonwealth of Puerto Rico for less than 5 years, the applicant
  480  submits proof of having been engaged in the full-time practice
  481  of dentistry since the date of his or her initial licensure.
  482         (II) As used in this section, “full-time practice” is
  483  defined as a minimum of 1,200 hours per year for each and every
  484  year in the consecutive 5-year period or, when applicable, the
  485  period since initial licensure, and must include any combination
  486  of the following:
  487         (A) Active clinical practice of dentistry providing direct
  488  patient care.
  489         (B) Full-time practice as a faculty member employed by a
  490  dental, dental therapy, or dental hygiene school approved by the
  491  board or accredited by the American Dental Association
  492  Commission on Dental Accreditation.
  493         (C) Full-time practice as a student at a postgraduate
  494  dental education program approved by the board or accredited by
  495  the American Dental Association Commission on Dental
  496  Accreditation.
  497         (III) The board shall develop rules to determine what type
  498  of proof of full-time practice is required and to recoup the
  499  cost to the board of verifying full-time practice under this
  500  section. Such proof must, at a minimum, be:
  501         (A) Admissible as evidence in an administrative proceeding;
  502         (B) Submitted in writing;
  503         (C) Submitted by the applicant under oath with penalties of
  504  perjury attached;
  505         (D) Further documented by an affidavit of someone unrelated
  506  to the applicant who is familiar with the applicant’s practice
  507  and testifies with particularity that the applicant has been
  508  engaged in full-time practice; and
  509         (E) Specifically found by the board to be both credible and
  510  admissible.
  511         (IV) An affidavit of only the applicant is not acceptable
  512  proof of full-time practice unless it is further attested to by
  513  someone unrelated to the applicant who has personal knowledge of
  514  the applicant’s practice. If the board deems it necessary to
  515  assess credibility or accuracy, the board may require the
  516  applicant or the applicant’s witnesses to appear before the
  517  board and give oral testimony under oath;
  518         f. The applicant submits documentation that he or she has
  519  completed, or will complete before he or she is licensed in this
  520  state, continuing education equivalent to this state’s
  521  requirements for the last full reporting biennium;
  522         g. The applicant proves that he or she has never been
  523  convicted of, or pled nolo contendere to, regardless of
  524  adjudication, any felony or misdemeanor related to the practice
  525  of a health care profession in any jurisdiction;
  526         h. The applicant has successfully passed a written
  527  examination on the laws and rules of this state regulating the
  528  practice of dentistry and the computer-based diagnostic skills
  529  examination; and
  530         i. The applicant submits documentation that he or she has
  531  successfully completed the applicable examination administered
  532  by the Joint Commission on National Dental Examinations or its
  533  successor organization.
  534         (6) 
  535         (b)1. As used in this section, “full-time practice of
  536  dentistry within the geographic boundaries of this state within
  537  1 year” is defined as a minimum of 1,200 hours in the initial
  538  year of licensure, which must include any combination of the
  539  following:
  540         a. Active clinical practice of dentistry providing direct
  541  patient care within the geographic boundaries of this state.
  542         b. Full-time practice as a faculty member employed by a
  543  dental, dental therapy, or dental hygiene school approved by the
  544  board or accredited by the American Dental Association
  545  Commission on Dental Accreditation and located within the
  546  geographic boundaries of this state.
  547         c. Full-time practice as a student at a postgraduate dental
  548  education program approved by the board or accredited by the
  549  American Dental Association Commission on Dental Accreditation
  550  and located within the geographic boundaries of this state.
  551         2. The board shall develop rules to determine what type of
  552  proof of full-time practice of dentistry within the geographic
  553  boundaries of this state for 1 year is required in order to
  554  maintain active licensure and shall develop rules to recoup the
  555  cost to the board of verifying maintenance of such full-time
  556  practice under this section. Such proof must, at a minimum:
  557         a. Be admissible as evidence in an administrative
  558  proceeding;
  559         b. Be submitted in writing;
  560         c. Be submitted by the applicant under oath with penalties
  561  of perjury attached;
  562         d. Be further documented by an affidavit of someone
  563  unrelated to the applicant who is familiar with the applicant’s
  564  practice and testifies with particularity that the applicant has
  565  been engaged in full-time practice of dentistry within the
  566  geographic boundaries of this state within the last 365 days;
  567  and
  568         e. Include such additional proof as specifically found by
  569  the board to be both credible and admissible.
  570         3. An affidavit of only the applicant is not acceptable
  571  proof of full-time practice of dentistry within the geographic
  572  boundaries of this state within 1 year, unless it is further
  573  attested to by someone unrelated to the applicant who has
  574  personal knowledge of the applicant’s practice within the last
  575  365 days. If the board deems it necessary to assess credibility
  576  or accuracy, the board may require the applicant or the
  577  applicant’s witnesses to appear before the board and give oral
  578  testimony under oath.
  579         Section 7. Subsection (1) of section 466.009, Florida
  580  Statutes, is amended, and subsection (4) is added to that
  581  section, to read:
  582         466.009 Reexamination.—
  583         (1) The department shall allow permit any person who fails
  584  an examination that which is required under s. 466.006, or s.
  585  466.007, or s. 466.0225 to retake the examination. If the
  586  examination to be retaken is a practical or clinical
  587  examination, the applicant must shall pay a reexamination fee
  588  set by rule of the board in an amount not to exceed the original
  589  examination fee.
  590         (4)If an applicant for a license to practice dental
  591  therapy fails the practical or clinical examination and she or
  592  he has failed only one part or procedure of such examination,
  593  she or he may be required to retake only that part or procedure
  594  to pass such examination. However, if any such applicant fails
  595  more than one part or procedure of any such examination, she or
  596  he must be required to retake the entire examination.
  597         Section 8. Section 466.011, Florida Statutes, is amended to
  598  read:
  599         466.011 Licensure.—The board shall certify for licensure by
  600  the department any applicant who satisfies the requirements of
  601  s. 466.006, s. 466.0067, or s. 466.007, or s. 466.0225. The
  602  board may refuse to certify an applicant who has violated any of
  603  the provisions of s. 466.026 or s. 466.028.
  604         Section 9. Section 466.0136, Florida Statutes, is created
  605  to read:
  606         466.0136Continuing education; dental therapists.—In
  607  addition to any other requirements for relicensure for dental
  608  therapists specified in this chapter, the board shall require
  609  each licensed dental therapist to complete at least 24 hours,
  610  but not more than 36 hours, biennially of continuing education
  611  in dental subjects in programs approved by the board or in
  612  equivalent programs of continuing education. Programs of
  613  continuing education approved by the board must be programs of
  614  learning which, in the opinion of the board, contribute directly
  615  to the dental education of the dental therapist. An individual
  616  who is licensed as both a dental therapist and a dental
  617  hygienist may use 2 hours of continuing education that is
  618  approved for both dental therapy and dental hygiene education to
  619  satisfy both dental therapy and dental hygiene continuing
  620  education requirements. The board shall adopt rules and
  621  guidelines to administer and enforce this section. The dental
  622  therapist shall retain in her or his records any receipts,
  623  vouchers, or certificates necessary to document completion of
  624  the continuing education. Compliance with the continuing
  625  education requirements is mandatory for issuance of the renewal
  626  certificate. The board may excuse licensees, as a group or as
  627  individuals, from all or part of the continuing education
  628  requirements if an unusual circumstance, emergency, or hardship
  629  prevented compliance with this section.
  630         Section 10. Section 466.016, Florida Statutes, is amended
  631  to read:
  632         466.016 License to be displayed.—Every practitioner of
  633  dentistry, dental therapy, or dental hygiene within the meaning
  634  of this chapter shall post and keep conspicuously displayed her
  635  or his license in the office where wherein she or he practices,
  636  in plain sight of the practitioner’s patients. Any dentist,
  637  dental therapist, or dental hygienist who practices at more than
  638  one location shall be required to display a copy of her or his
  639  license in each office where she or he practices.
  640         Section 11. Present subsections (7) through (15) of section
  641  466.017, Florida Statutes, are redesignated as subsections (8)
  642  through (16), respectively, a new subsection (7) is added to
  643  that section, and paragraphs (d) and (e) of subsection (3),
  644  subsection (4), and present subsections (7), (8), and (14) of
  645  that section are amended, to read:
  646         466.017 Prescription of drugs; anesthesia.—
  647         (3) The board shall adopt rules which:
  648         (d) Establish further requirements relating to the use of
  649  general anesthesia or sedation, including, but not limited to,
  650  office equipment and the training of dental assistants, dental
  651  therapists, or dental hygienists who work with dentists using
  652  general anesthesia or sedation.
  653         (e) Establish an administrative mechanism enabling the
  654  board to verify compliance with training, education, experience,
  655  equipment, or certification requirements of dentists, dental
  656  therapists, dental hygienists, and dental assistants adopted
  657  pursuant to this subsection. The board may charge a fee to
  658  defray the cost of verifying compliance with requirements
  659  adopted pursuant to this paragraph.
  660         (4) A dentist, dental therapist, or dental hygienist who
  661  administers or employs the use of any form of anesthesia must
  662  possess a certification in either basic cardiopulmonary
  663  resuscitation for health professionals or advanced cardiac life
  664  support approved by the American Heart Association or the
  665  American Red Cross or an equivalent agency-sponsored course with
  666  recertification every 2 years. Each dental office that which
  667  uses any form of anesthesia must have immediately available and
  668  in good working order such resuscitative equipment, oxygen, and
  669  other resuscitative drugs as are specified by rule of the board
  670  in order to manage possible adverse reactions.
  671         (7)A dental therapist, under the general supervision of a
  672  dentist, may administer local anesthesia, including intraoral
  673  block anesthesia or soft tissue infiltration anesthesia if she
  674  or he has completed the course described in subsection (5) and
  675  presents evidence of current certification in basic or advanced
  676  cardiac life support.
  677         (8)(7) A licensed dentist, or a dental therapist who is
  678  authorized by her or his supervising dentist, may operate
  679  utilize an X-ray machine, expose dental X-ray films, and
  680  interpret or read such films. Notwithstanding The provisions of
  681  part IV of chapter 468 to the contrary notwithstanding, a
  682  licensed dentist, or a dental therapist who is authorized by her
  683  or his supervising dentist, may authorize or direct a dental
  684  assistant to operate such equipment and expose such films under
  685  her or his direction and supervision, pursuant to rules adopted
  686  by the board in accordance with s. 466.024 which ensure that the
  687  said assistant is competent by reason of training and experience
  688  to operate the X-ray said equipment in a safe and efficient
  689  manner. The board may charge a fee not to exceed $35 to defray
  690  the cost of verifying compliance with requirements adopted
  691  pursuant to this section.
  692         (9)(8)Notwithstanding The provisions of s. 465.0276
  693  notwithstanding, a dentist need not register with the board or
  694  comply with the continuing education requirements of that
  695  section if the dentist confines her or his dispensing activity
  696  to the dispensing of fluorides and chlorhexidine chlorohexidine
  697  rinse solutions; provided that the dentist complies with and is
  698  subject to all laws and rules applicable to pharmacists and
  699  pharmacies, including, but not limited to, chapters 465, 499,
  700  and 893, and all applicable federal laws and regulations, when
  701  dispensing such products.
  702         (15)(14) As used in subsections (10)-(14) (9)-(13), the
  703  term “adverse incident” means any mortality that occurs during
  704  or as the result of a dental procedure, or an incident that
  705  results in a temporary or permanent physical or mental injury
  706  that requires hospitalization or emergency room treatment of a
  707  dental patient which occurs during or as a direct result of the
  708  use of general anesthesia, deep sedation, moderate sedation,
  709  pediatric moderate sedation, oral sedation, minimal sedation
  710  (anxiolysis), nitrous oxide, or local anesthesia.
  711         Section 12. Subsection (1) of section 466.018, Florida
  712  Statutes, is amended to read:
  713         466.018 Dentist of record; patient records.—
  714         (1) Each patient must shall have a dentist of record. The
  715  dentist of record shall remain primarily responsible for all
  716  dental treatment on such patient regardless of whether the
  717  treatment is rendered by that the dentist or by another dentist,
  718  a dental therapist, a dental hygienist, or a dental assistant
  719  rendering such treatment in conjunction with, at the direction
  720  or request of, or under the supervision of such dentist of
  721  record. The dentist of record must shall be identified in the
  722  record of the patient. If treatment is rendered by a dentist
  723  other than the dentist of record or by a dental hygienist,
  724  dental therapist, or dental assistant, the name or initials of
  725  such person must shall be placed in the record of the patient.
  726  In any disciplinary proceeding brought pursuant to this chapter
  727  or chapter 456, it must shall be presumed as a matter of law
  728  that treatment was rendered by the dentist of record unless
  729  otherwise noted on the patient record pursuant to this section.
  730  The dentist of record and any other treating dentist are subject
  731  to discipline pursuant to this chapter or chapter 456 for
  732  treatment rendered to the patient and performed in violation of
  733  such chapter. One of the purposes of this section is to ensure
  734  that the responsibility for each patient is assigned to one
  735  dentist in a multidentist practice of any nature and to assign
  736  primary responsibility to the dentist for treatment rendered by
  737  a dental hygienist, dental therapist, or dental assistant under
  738  her or his supervision. This section may shall not be construed
  739  to assign any responsibility to a dentist of record for
  740  treatment rendered pursuant to a proper referral to another
  741  dentist who does not in practice with the dentist of record or
  742  to prohibit a patient from voluntarily selecting a new dentist
  743  without permission of the dentist of record.
  744         Section 13. Section 466.0225, Florida Statutes, is created
  745  to read:
  746         466.0225Examination of dental therapists; licensing.—
  747         (1)Any person desiring to be licensed as a dental
  748  therapist must apply to the department to take the licensure
  749  examinations and shall verify the information required on the
  750  application by oath. The application must include two recent
  751  photographs of the applicant.
  752         (2)An applicant is entitled to take the examinations
  753  required under this section and receive licensure to practice
  754  dental therapy in this state if the applicant meets all of the
  755  following criteria:
  756         (a)Is 18 years of age or older.
  757         (b)Is a graduate of a dental therapy college or school
  758  accredited by the American Dental Association Commission on
  759  Dental Accreditation or its successor entity, if any, or any
  760  other dental therapy accrediting entity recognized by the United
  761  States Department of Education. For applicants applying for a
  762  dental therapy license before January 1, 2029, the board must
  763  approve the applicant’s dental therapy education program if the
  764  program was administered by a college or school that operates an
  765  accredited dental or dental hygiene program and the college or
  766  school certifies to the board that the applicant’s education
  767  substantially conformed to the education standards established
  768  by the American Dental Association Commission on Dental
  769  Accreditation or its successor entity.
  770         (c)Has successfully completed a dental therapy practical
  771  or clinical examination produced by the American Board of Dental
  772  Examiners, Inc., (ADEX) or its successor entity, if any, if the
  773  board finds that the successor entity’s examination meets or
  774  exceeds the requirements of this section. If an applicant fails
  775  to pass such an examination after three attempts, the applicant
  776  is not eligible to retake the examination unless the applicant
  777  completes additional education requirements as specified by the
  778  board. If a dental therapy examination has not been established
  779  by ADEX, the board must administer or approve an alternative
  780  examination.
  781         (d)Has not been disciplined by a board, except for
  782  citation offenses or minor violations.
  783         (e)Has not been convicted of or pled nolo contendere to,
  784  regardless of adjudication, any felony or misdemeanor related to
  785  the practice of a health care profession.
  786         (f)Has successfully completed a written examination on the
  787  laws and rules of this state regulating the practice of dental
  788  therapy.
  789         (3)An applicant who meets the requirements of this section
  790  and who has successfully completed an examination identified in
  791  paragraph (2)(c) in a jurisdiction other than this state, or who
  792  has successfully completed a comparable examination administered
  793  or approved by the licensing authority in a jurisdiction other
  794  than this state, must be licensed to practice dental therapy in
  795  this state if the board determines that the other jurisdiction’s
  796  examination is substantially similar to those identified in
  797  paragraph (2)(c).
  798         Section 14. Section 466.0227, Florida Statutes, is created
  799  to read:
  800         466.0227Dental therapists; scope and area of practice.—
  801         (1)Except as otherwise provided in this chapter, a dental
  802  therapist may perform the dental therapy services specified in
  803  subsection (2) under the general supervision of a dentist to the
  804  extent authorized by the supervising dentist and provided within
  805  the terms of a written collaborative management agreement signed
  806  by the dental therapist and the supervising dentist which meets
  807  the requirements of subsection (3).
  808         (2)Dental therapy services include all of the following:
  809         (a)All services, treatments, and competencies identified
  810  by the American Dental Association Commission on Dental
  811  Accreditation in the commission’s Accreditation Standards for
  812  Dental Therapy Education Programs.
  813         (b)The following state-specific services, if the dental
  814  therapist’s education included curriculum content satisfying the
  815  American Dental Association Commission on Dental Accreditation
  816  criteria for state-specific dental therapy services:
  817         1.Evaluating radiographs.
  818         2.Placement of space maintainers.
  819         3.Pulpotomies on primary teeth.
  820         4.Dispensing and administering nonopioid analgesics,
  821  including nitrous oxide, anti-inflammatories, and antibiotics,
  822  as authorized by the supervising dentist and within the
  823  parameters of the collaborative management agreement.
  824         5.Oral evaluation and assessment of dental disease and
  825  formulation of an individualized treatment plan if authorized by
  826  the supervising dentist and subject to any conditions,
  827  limitations, and protocols specified by the supervising dentist
  828  in the collaborative management agreement.
  829         (3)Before performing any of the services authorized in
  830  subsection (2), a dental therapist must enter into a written
  831  collaborative management agreement with a supervising dentist.
  832  The agreement must be signed by the dental therapist and the
  833  supervising dentist and must include all of the following
  834  information:
  835         (a)Practice settings where services may be provided by the
  836  dental therapist and the populations to be served by the dental
  837  therapist.
  838         (b)Any limitations on the services that may be provided by
  839  the dental therapist, including the level of supervision
  840  required by the supervising dentist. This may include
  841  telehealth.
  842         (c)Age-specific and procedure-specific practice protocols
  843  for the dental therapist, including case selection criteria,
  844  assessment guidelines, and imaging frequency.
  845         (d)A procedure for creating and maintaining dental records
  846  for the patients who are treated by the dental therapist.
  847         (e)A plan to manage medical emergencies in each practice
  848  setting where the dental therapist provides care.
  849         (f)A quality assurance plan for monitoring care provided
  850  by the dental therapist, including patient care review, referral
  851  follow-up, and a quality assurance chart review.
  852         (g)Protocols for the dental therapist to administer and
  853  dispense medications, including the specific conditions and
  854  circumstances under which the medications are to be dispensed
  855  and administered.
  856         (h)Criteria relating to the provision of care by the
  857  dental therapist to patients with specific medical conditions or
  858  complex medication histories, including requirements for
  859  consultation before the initiation of care.
  860         (i)Supervision criteria of dental therapists.
  861         (j)A plan for the provision of clinical resources and
  862  referrals in situations that are beyond the capabilities of the
  863  dental therapist.
  864         (4)A supervising dentist shall determine the number of
  865  hours of practice that a dental therapist must complete under
  866  direct or indirect supervision of the supervising dentist before
  867  the dental therapist may perform any of the services authorized
  868  in subsection (2) under general supervision.
  869         (5)A supervising dentist may restrict or limit the dental
  870  therapist’s practice in the written collaborative management
  871  agreement to be less than the full scope of practice for dental
  872  therapists which is authorized in subsection (2).
  873         (6)A supervising dentist may authorize a dental therapist
  874  to provide dental therapy services to a patient before the
  875  supervising dentist examines or diagnoses the patient if the
  876  authority, conditions, and protocols are established in a
  877  written collaborative management agreement and if the patient is
  878  subsequently referred to a dentist for any needed additional
  879  services that exceed the dental therapist’s scope of practice or
  880  authorization under the collaborative management agreement.
  881         (7)A supervising dentist must be licensed and practicing
  882  in this state. The supervising dentist is responsible for all
  883  services authorized and performed by the dental therapist
  884  pursuant to the collaborative management agreement and for
  885  providing or arranging follow-up services to be provided by a
  886  dentist for any additional services that exceed the dental
  887  therapist’s scope of practice or authorization under the
  888  collaborative management agreement.
  889         Section 15. Section 466.026, Florida Statutes, is amended
  890  to read:
  891         466.026 Prohibitions; penalties.—
  892         (1) Each of the following acts constitutes a felony of the
  893  third degree, punishable as provided in s. 775.082, s. 775.083,
  894  or s. 775.084:
  895         (a) Practicing dentistry, dental therapy, or dental hygiene
  896  unless the person has an appropriate, active license issued by
  897  the department pursuant to this chapter.
  898         (b) Using or attempting to use a license issued pursuant to
  899  this chapter which license has been suspended or revoked.
  900         (c) Knowingly employing any person to perform duties
  901  outside the scope allowed such person under this chapter or the
  902  rules of the board.
  903         (d) Giving false or forged evidence to the department or
  904  board for the purpose of obtaining a license.
  905         (e) Selling or offering to sell a diploma conferring a
  906  degree from a dental college, or dental hygiene school or
  907  college, or dental therapy school or college, or a license
  908  issued pursuant to this chapter, or procuring such diploma or
  909  license with intent that it will shall be used as evidence of
  910  that which the document stands for, by a person other than the
  911  one upon whom it was conferred or to whom it was granted.
  912         (2) Each of the following acts constitutes a misdemeanor of
  913  the first degree, punishable as provided in s. 775.082 or s.
  914  775.083:
  915         (a) Using the name or title “dentist,” the letters “D.D.S.”
  916  or “D.M.D.”, or any other words, letters, title, or descriptive
  917  matter which in any way represents a person as being able to
  918  diagnose, treat, prescribe, or operate for any disease, pain,
  919  deformity, deficiency, injury, or physical condition of the
  920  teeth or jaws or oral-maxillofacial region unless the person has
  921  an active dentist’s license issued by the department pursuant to
  922  this chapter.
  923         (b) Using the name “dental hygienist” or the initials
  924  “R.D.H.” or otherwise holding herself or himself out as an
  925  actively licensed dental hygienist or implying to any patient or
  926  consumer that she or he is an actively licensed dental hygienist
  927  unless that person has an active dental hygienist’s license
  928  issued by the department pursuant to this chapter.
  929         (c) Using the name “dental therapist” or the initials
  930  “D.T.” or otherwise holding herself or himself out as an
  931  actively licensed dental therapist or implying to any patient or
  932  consumer that she or he is an actively licensed dental therapist
  933  unless that person has an active dental therapist’s license
  934  issued by the department pursuant to this chapter.
  935         (d) Presenting as her or his own the license of another.
  936         (e)(d) Knowingly concealing information relative to
  937  violations of this chapter.
  938         (f)(e) Performing any services as a dental assistant as
  939  defined herein, except in the office of a licensed dentist,
  940  unless authorized by this chapter or by rule of the board.
  941         Section 16. Paragraphs (b), (c), (g), (s), and (t) of
  942  subsection (1) of section 466.028, Florida Statutes, are amended
  943  to read:
  944         466.028 Grounds for disciplinary action; action by the
  945  board.—
  946         (1) The following acts constitute grounds for denial of a
  947  license or disciplinary action, as specified in s. 456.072(2):
  948         (b) Having a license to practice dentistry, dental therapy,
  949  or dental hygiene revoked, suspended, or otherwise acted
  950  against, including the denial of licensure, by the licensing
  951  authority of another state, territory, or country.
  952         (c) Being convicted or found guilty of or entering a plea
  953  of nolo contendere to, regardless of adjudication, a crime in
  954  any jurisdiction which relates to the practice of dentistry,
  955  dental therapy, or dental hygiene. A plea of nolo contendere
  956  creates shall create a rebuttable presumption of guilt to the
  957  underlying criminal charges.
  958         (g) Aiding, assisting, procuring, or advising any
  959  unlicensed person to practice dentistry, dental therapy, or
  960  dental hygiene contrary to this chapter or to a rule of the
  961  department or the board.
  962         (s) Being unable to practice her or his profession with
  963  reasonable skill and safety to patients by reason of illness or
  964  use of alcohol, drugs, narcotics, chemicals, or any other type
  965  of material or as a result of any mental or physical condition.
  966  In enforcing this paragraph, the department shall have, upon a
  967  finding of the State Surgeon General or her or his designee that
  968  probable cause exists to believe that the licensee is unable to
  969  practice dentistry, dental therapy, or dental hygiene because of
  970  the reasons stated in this paragraph, has the authority to issue
  971  an order to compel a licensee to submit to a mental or physical
  972  examination by physicians designated by the department. If the
  973  licensee refuses to comply with such order, the department’s
  974  order directing such examination may be enforced by filing a
  975  petition for enforcement in the circuit court where the licensee
  976  resides or does business. The licensee against whom the petition
  977  is filed may shall not be named or identified by initials in any
  978  public court records or documents, and the proceedings must
  979  shall be closed to the public. The department is shall be
  980  entitled to the summary procedure provided in s. 51.011. A
  981  licensee affected under this paragraph must shall at reasonable
  982  intervals be afforded an opportunity to demonstrate that she or
  983  he can resume the competent practice of her or his profession
  984  with reasonable skill and safety to patients.
  985         (t) Fraud, deceit, or misconduct in the practice of
  986  dentistry, dental therapy, or dental hygiene.
  987         Section 17. Paragraphs (a) and (b) of subsection (1) of
  988  section 466.0285, Florida Statutes, are amended to read:
  989         466.0285 Proprietorship by nondentists.—
  990         (1) No person other than a dentist licensed pursuant to
  991  this chapter, nor any entity other than a professional
  992  corporation or limited liability company composed of dentists,
  993  may:
  994         (a) Employ a dentist, a dental therapist, or a dental
  995  hygienist in the operation of a dental office.
  996         (b) Control the use of any dental equipment or material
  997  while such equipment or material is being used for the provision
  998  of dental services, whether those services are provided by a
  999  dentist, a dental therapist, a dental hygienist, or a dental
 1000  assistant.
 1001  
 1002  Any lease agreement, rental agreement, or other arrangement
 1003  between a nondentist and a dentist whereby the nondentist
 1004  provides the dentist with dental equipment or dental materials
 1005  shall contain a provision whereby the dentist expressly
 1006  maintains complete care, custody, and control of the equipment
 1007  or practice.
 1008         Section 18. The Department of Health, in consultation with
 1009  the Board of Dentistry and the Agency for Health Care
 1010  Administration, shall submit a progress report to the President
 1011  of the Senate and the Speaker of the House of Representatives by
 1012  July 1, 2027, and a final report 4 years after the first dental
 1013  therapy license is issued. The reports must include all of the
 1014  following information and recommendations:
 1015         (1)The progress that has been made in this state to
 1016  implement dental therapy training programs, licensing, and
 1017  Medicaid reimbursement.
 1018         (2)Data demonstrating the effects of dental therapy in
 1019  this state on all of the following:
 1020         (a)Patient access to dental services.
 1021         (b)Costs to dental providers, patients, dental insurance
 1022  carriers, and the state.
 1023         (c)The quality and safety of dental services.
 1024         (3)Specific recommendations for any necessary legislative,
 1025  administrative, or regulatory reform relating to the practice of
 1026  dental therapy.
 1027         (4)Any other information the department deems appropriate.
 1028         Section 19. This act shall take effect July 1, 2024.

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