Bill Text: FL H0537 | 2010 | Regular Session | Introduced

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Bill Title: Practice of Dentistry

Spectrum: Slight Partisan Bill (Republican 8-3)

Status: (Failed) 2010-04-30 - Died in Committee on Health Care Regulation Policy (HFPC) [H0537 Detail]

Download: Florida-2010-H0537-Introduced.html

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HB 537

1	A bill to be entitled
2	An act relating to the practice of dentistry; requiring
3	persons who apply for licensure renewal as dentists or
4	dental hygienists 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; requiring the
18	department to act as a clearinghouse for collecting and
19	disseminating information regarding the dental workforce;
20	requiring the department and the board to adopt rules;
21	providing legislative intent regarding implementation of
22	the act within existing resources; amending s. 499.01,
23	F.S.; authorizing certain business entities to pay for
24	prescription drugs obtained by practitioners licensed
25	under ch. 466, F.S.; providing an effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1. Dental workforce survey.-
30	(1) Beginning in 2012, each person who applies for
31	licensure renewal as a dentist or dental hygienist under chapter
32	466, Florida Statutes, must, in conjunction with the renewal of
33	such license under procedures and forms adopted by the Board of
34	Dentistry and in addition to any other information that may be
35	required from the applicant, furnish the following information
36	to the Department of Health, working in conjunction with the
37	board, in a dental workforce survey:
38	(a) Licensee information, including, but not limited to:
39	1. The name of the dental school or dental hygiene program
40	that the dentist or dental hygienist graduated from and the year
41	of graduation.
42	2. The year that the dentist or dental hygienist began
43	practicing or working in this state.
44	3. The geographic location of the dentist's or dental
45	hygienist's practice or address within the state.
46	4. For a dentist in private practice:
47	a. The number of full-time dental hygienists employed by
48	the dentist during the reporting period.
49	b. The number of full-time dental assistants employed by
50	the dentist during the reporting period.
51	c. The average number of patients treated per week by the
52	dentist during the reporting period.
53	d. The settings where the dental care was provided.
54	5. Anticipated plans of the dentist to change the status
55	of his or her license or practice.
56	6. The dentist's areas of specialty or certification.
57	7. The year that the dentist completed a specialty program
58	recognized by the American Dental Association.
59	8. For a hygienist:
60	a. The average number of patients treated per week by the
61	hygienist during the reporting period.
62	b. The settings where the dental care was provided.
63	9. The dentist's or dental hygienist's memberships in
64	professional organizations.
65	10. The number of pro bono hours provided by the dentist
66	or dental hygienist during the last biennium.
67	(b) Information concerning the availability and trends
68	relating to critically needed services, including, but not
69	limited to, the following types of care provided by the dentist
70	or dental hygienist:
71	1. Dental care for children having special needs.
72	2. Geriatric dental care.
73	3. Dental care in emergency departments.
74	4. Medicaid services.
75	5. Other critically needed specialty areas, as determined
76	by the advisory body.
77	(2) The information furnished must include a statement
78	submitted by the dentist or dental hygienist that the
79	information provided is true and accurate to the best of his or
80	her knowledge and he or she did not knowingly provide false
81	information.
82	(3) Beginning in 2012, renewal of a license by a dentist
83	or dental hygienist licensed under chapter 466, Florida
84	Statutes, is not contingent upon the completion and submission
85	of the survey; however, for any subsequent license renewal, the
86	board may not renew the license of any dentist or dental
87	hygienist until the survey required under this section is
88	completed and submitted by the licensee.
89	(4)(a) Beginning in 2012, the Board of Dentistry shall
90	issue a nondisciplinary citation to any dentist or dental
91	hygienist licensed under chapter 466, Florida Statutes, who
92	fails to complete the survey within 90 days after the renewal of
93	his or her license to practice as a dentist or dental hygienist.
94	(b) The citation must notify a dentist or dental hygienist
95	who fails to complete the survey required by this section that
96	his or her license will not be renewed unless the dentist or
97	dental hygienist completes the survey.
98	(c) In conjunction with issuing the license renewal notice
99	required by s. 456.038, Florida Statutes, the board shall notify
100	each licensed dentist or dental hygienist who has failed to
101	complete the survey at the licensee's last known address of the
102	requirement that the survey be completed before the subsequent
103	license renewal.
104	Section 2. (1) The Department of Health shall serve as
105	the coordinating body for the purpose of collecting and
106	regularly updating and disseminating dental workforce data. The
107	department shall work with multiple stakeholders, including the
108	Florida Dental Association and the Florida Dental Hygiene
109	Association, to assess and share with all communities of
110	interest all data collected in a timely fashion.
111	(2) The Department of Health shall maintain a current
112	database to serve as a statewide source of data concerning the
113	dental workforce. The department, in conjunction with the board,
114	shall also:
115	(a) Develop strategies to maximize federal and state
116	programs that provide incentives for dentists to practice in the
117	underserved areas of the state which are federally designated
118	shortage areas. The strategies shall include programs such as
119	the Florida Health Services Corps established under s. 381.0302,
120	Florida Statutes.
121	(b) Work in conjunction with an advisory body to address
122	matters relating to the state's dental workforce. The advisory
123	body shall provide input on developing questions for the dental
124	workforce survey required in section 1. An advisory body shall
125	include, but need not be limited to, the State Surgeon General
126	or his or her designee, the dean of each accredited dental
127	school based in this state or his or her designee, a
128	representative from the Florida Dental Association, a
129	representative from the Florida Dental Hygiene Association, a
130	representative from the Florida Board of Dentistry, and a
131	dentist from each of the dental specialties recognized by the
132	Commission on Dental Accreditation of the American Dental
133	Association.
134	(c) Act as a clearinghouse for collecting and
135	disseminating information concerning the dental workforce.
136	(3) The Department of Health and the Board of Dentistry
137	shall adopt rules necessary to administer this section.
138	Section 3. It is the intent of the Legislature that the
139	Department of Health and the Board of Dentistry implement the
140	provisions of this act within existing resources.
141	Section 4. Paragraph (t) of subsection (2) of section
142	499.01, Florida Statutes, is amended to read:
143	499.01 Permits.-
144	(2) The following permits are established:
145	(t) Health care clinic establishment permit.-Effective
146	January 1, 2009, a health care clinic establishment permit is
147	required for the purchase of a prescription drug by a place of
148	business at one general physical location that provides health
149	care or veterinary services, which is owned and operated by a
150	business entity that has been issued a federal employer tax
151	identification number. For the purpose of this paragraph, the
152	term "qualifying practitioner" means a licensed health care
153	practitioner defined in s. 456.001, or a veterinarian licensed
154	under chapter 474, who is authorized under the appropriate
155	practice act to prescribe and administer a prescription drug.
156	1. An establishment must provide, as part of the
157	application required under s. 499.012, designation of a
158	qualifying practitioner who will be responsible for complying
159	with all legal and regulatory requirements related to the
160	purchase, recordkeeping, storage, and handling of the
161	prescription drugs. In addition, the designated qualifying
162	practitioner shall be the practitioner whose name, establishment
163	address, and license number is used on all distribution
164	documents for prescription drugs purchased or returned by the
165	health care clinic establishment. Upon initial appointment of a
166	qualifying practitioner, the qualifying practitioner and the
167	health care clinic establishment shall notify the department on
168	a form furnished by the department within 10 days after such
169	employment. In addition, the qualifying practitioner and health
170	care clinic establishment shall notify the department within 10
171	days after any subsequent change.
172	2. The health care clinic establishment must employ a
173	qualifying practitioner at each establishment.
174	3. In addition to the remedies and penalties provided in
175	this part, a violation of this chapter by the health care clinic
176	establishment or qualifying practitioner constitutes grounds for
177	discipline of the qualifying practitioner by the appropriate
178	regulatory board.
179	4. The purchase of prescription drugs by the health care
180	clinic establishment is prohibited during any period of time
181	when the establishment does not comply with this paragraph.
182	5. A health care clinic establishment permit is not a
183	pharmacy permit or otherwise subject to chapter 465. A health
184	care clinic establishment that meets the criteria of a modified
185	Class II institutional pharmacy under s. 465.019 is not eligible
186	to be permitted under this paragraph.
187	6. This paragraph does not apply to the purchase of a
188	prescription drug by a licensed practitioner under his or her
189	license. A professional corporation or limited liability company
190	composed of dentists and operating as authorized in s. 466.0285
191	may pay for prescription drugs obtained by a practitioner
192	licensed under chapter 466, and the licensed practitioner is
193	deemed the purchaser and owner of the prescription drugs.
194	Section 5. This act shall take effect July 1, 2010.

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