HB 483

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.

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