Bill Text: FL S0490 | 2010 | Regular Session | Introduced


Bill Title: Dentistry [SPSC]

Sponsorship: Partisan Bill (Democrat 1)

Status: (Failed) 2010-04-30 - Died in Committee on Health Regulation [S0490 Detail]

Download: Florida-2010-S0490-Introduced.html
 
Florida Senate - 2010                                     SB 490 
 
By Senator Smith 
29-00507-10                                            2010490__ 
1                        A bill to be entitled 
2         An act relating to the practice of dentistry; amending 
3         s. 466.003, F.S.; defining the term “public health 
4         supervision” and redefining the term “health access 
5         settings” to include school-based prevention programs; 
6         amending ss. 466.006 and 466.0067, F.S.; conforming 
7         cross-references; amending s. 466.00775, F.S.; 
8         conforming a cross-reference; requiring the Board of 
9         Dentistry to adopt additional rules; amending s. 
10         466.023, F.S.; authorizing dental hygienists to 
11         perform certain additional dental hygiene services 
12         under public health supervision; authorizing dental 
13         hygienists to perform fluoride treatments without 
14         supervision; authorizing the board to adopt rules; 
15         amending s. 466.024, F.S.; providing that certain 
16         tasks are remediable and delegable to dental 
17         hygienists in certain settings; prohibiting a dentist 
18         from delegating irremediable tasks to a dental 
19         hygienist; authorizing a dentist to delegate 
20         remediable tasks to a dental hygienist under certain 
21         conditions; providing a list of remediable and 
22         delegable tasks; authorizing the board to adopt rules; 
23         providing an effective date. 
24 
25         WHEREAS, tooth decay is one of the most prevalent chronic 
26  diseases of childhood, and 
27         WHEREAS, oral diseases are associated with a variety of 
28  systemic diseases, including cardiovascular disease, diabetes, 
29  and cancer, and 
30         WHEREAS, oral disease in pregnant women is associated with 
31  preterm birth and low birth weight, and 
32         WHEREAS, early dental care helps to prevent oral disease 
33  and its associated pain, risks, and high costs to individuals, 
34  and 
35         WHEREAS, the placement of dental sealants and fluorides are 
36  a central and critical aspect of preventive oral health care, 
37  especially for children, and 
38         WHEREAS, dental care for low-income and other underserved 
39  patients is provided primarily through publicly funded programs, 
40  and 
41         WHEREAS, the current public health infrastructure is 
42  inadequate to provide access to preventive and interventional 
43  oral health care services, and 
44         WHEREAS, current dental licensure statutes and rules in 
45  Florida create barriers for dentists licensed in other states 
46  who are willing to serve in public health settings from doing 
47  so, and 
48         WHEREAS, Florida’s current statutes and rules restrict the 
49  ability of dental hygienists to deliver needed care to low 
50  income and other underserved patients cost-effectively, and 
51         WHEREAS, Florida is one of four states and the U.S. Virgin 
52  Islands that does not offer a process by which dentists from 
53  other states may achieve licensure by credentials to practice in 
54  public or private settings, and 
55         WHEREAS, Florida is one of nine states to prohibit dental 
56  hygienists from placing dental sealants without the physical 
57  presence of a dentist, and 
58         WHEREAS, the membership of the Florida Board of Dentistry 
59  does not require any of its members to have a background in or 
60  experience in a public health setting, NOW, THEREFORE, 
61 
62  Be It Enacted by the Legislature of the State of Florida: 
63 
64         Section 1. Present subsections (11), (12), (13), and (14) 
65  of section 466.003, Florida Statutes, are redesignated as 
66  subsections (12), (13), (14), and (15), respectively, and 
67  amended, and a new subsection (11) is added to that section, to 
68  read: 
69         466.003 Definitions.—As used in this chapter: 
70         (11) “Public health supervision” means administrative 
71  supervision whereby a dental hygienist in a health access 
72  setting, without supervision or the presence of a dentist, 
73  provides remedial services as established under s. 466.024. The 
74  board may authorize additional services by rule. 
75         (12)(11) “Irremediable tasks” are those intraoral treatment 
76  tasks that which, when performed, are irreversible and create 
77  unalterable changes within the oral cavity or the contiguous 
78  structures or that which cause an increased risk to the patient. 
79  The administration of anesthetics other than topical anesthesia 
80  is considered to be an “irremediable task” for purposes of this 
81  chapter. 
82         (13)(12) “Remediable tasks” are those intraoral treatment 
83  tasks that which are reversible and do not create unalterable 
84  changes within the oral cavity or the contiguous structures and 
85  that which do not cause an increased risk to the patient. 
86         (14)(13) “Oral and maxillofacial surgery” means the 
87  specialty of dentistry involving diagnosis, surgery, and 
88  adjunctive treatment of diseases, injuries, and defects 
89  involving the functional and esthetic aspects of the hard and 
90  soft tissues of the oral and maxillofacial regions. This term 
91  does may not be construed to apply with respect to any 
92  individual exempt under s. 466.002(1). 
93         (15)(14) “Health access settings” means programs and 
94  institutions of the Department of Children and Family Services, 
95  the Department of Health, the Department of Juvenile Justice, 
96  nonprofit community health centers, Head Start centers, 
97  federally qualified health centers (FQHCs), FQHC look-alikes as 
98  defined by federal law, school-based prevention programs, and 
99  clinics operated by accredited colleges of dentistry in this 
100  state if such community service programs and institutions 
101  immediately report to the Board of Dentistry all violations of 
102  s. 466.027, s. 466.028, or other practice act or standard of 
103  care violations related to the actions or inactions of a 
104  dentist, dental hygienist, or dental assistant engaged in the 
105  delivery of dental care in such settings. 
106         Section 2. Paragraph (c) of subsection (2) of section 
107  466.006, Florida Statutes, is amended to read: 
108         466.006 Examination of dentists.— 
109         (2) An applicant shall be entitled to take the examinations 
110  required in this section to practice dentistry in this state if 
111  the applicant: 
112         (c)1. Has successfully completed the National Board of 
113  Dental Examiners dental examination within 10 years of the date 
114  of application; or 
115         2. Has an active health access dental license in this 
116  state; and 
117         a. The applicant has at least 5,000 hours within 4 
118  consecutive years of clinical practice experience providing 
119  direct patient care in a health access setting as defined in s. 
120  466.003(14); the applicant is a retired veteran dentist of any 
121  branch of the United States Armed Services who has practiced 
122  dentistry while on active duty and has at least 3,000 hours 
123  within 3 consecutive years of clinical practice experience 
124  providing direct patient care in a health access setting as 
125  defined in s. 466.003(14); or the applicant has provided a 
126  portion of his or her salaried time teaching health profession 
127  students in any public education setting, including, but not 
128  limited to, a community college, college, or university, and has 
129  at least 3,000 hours within 3 consecutive years of clinical 
130  practice experience providing direct patient care in a health 
131  access setting as defined in s. 466.003(14); 
132         b. The applicant has not been disciplined by the board, 
133  except for citation offenses or minor violations; 
134         c. The applicant has not filed a report pursuant to s. 
135  456.049; and 
136         d. The applicant has not been convicted of or pled nolo 
137  contendere to, regardless of adjudication, any felony or 
138  misdemeanor related to the practice of a health care profession. 
139         Section 3. Section 466.0067, Florida Statutes, is amended 
140  to read: 
141         466.0067 Application for health access dental license.—The 
142  Legislature finds that there is an important state interest in 
143  attracting dentists to practice in underserved health access 
144  settings in this state and further, that allowing out-of-state 
145  dentists who meet certain criteria to practice in health access 
146  settings without the supervision of a dentist licensed in this 
147  state is substantially related to achieving this important state 
148  interest. Therefore, notwithstanding the requirements of s. 
149  466.006, the board shall grant a health access dental license to 
150  practice dentistry in this state in health access settings as 
151  defined in s. 466.003(14) to an applicant that: 
152         (1) Files an appropriate application approved by the board; 
153         (2) Pays an application license fee for a health access 
154  dental license, laws-and-rule exam fee, and an initial licensure 
155  fee. The fees specified in this subsection may not differ from 
156  an applicant seeking licensure pursuant to s. 466.006; 
157         (3) Has not been convicted of or pled nolo contendere to, 
158  regardless of adjudication, any felony or misdemeanor related to 
159  the practice of a health care profession; 
160         (4) Submits proof of graduation from a dental school 
161  accredited by the Commission on Dental Accreditation of the 
162  American Dental Association or its successor agency; 
163         (5) Submits documentation that she or he has completed, or 
164  will obtain prior to licensure, continuing education equivalent 
165  to this state’s requirement for dentists licensed under s. 
166  466.006 for the last full reporting biennium before applying for 
167  a health access dental license; 
168         (6) Submits proof of her or his successful completion of 
169  parts I and II of the dental examination by the National Board 
170  of Dental Examiners and a state or regional clinical dental 
171  licensing examination that the board has determined effectively 
172  measures the applicant’s ability to practice safely; 
173         (7) Currently holds a valid, active, dental license in good 
174  standing which has not been revoked, suspended, restricted, or 
175  otherwise disciplined from another of these United States, the 
176  District of Columbia, or a United States territory; 
177         (8) Has never had a license revoked from another of these 
178  United States, the District of Columbia, or a United States 
179  territory; 
180         (9) Has never failed the examination specified in s. 
181  466.006, unless the applicant was reexamined pursuant to s. 
182  466.006 and received a license to practice dentistry in this 
183  state; 
184         (10) Has not been reported to the National Practitioner 
185  Data Bank, unless the applicant successfully appealed to have 
186  his or her name removed from the data bank; 
187         (11) Submits proof that he or she has been engaged in the 
188  active, clinical practice of dentistry providing direct patient 
189  care for 5 years immediately preceding the date of application, 
190  or in instances when the applicant has graduated from an 
191  accredited dental school within the preceding 5 years, submits 
192  proof of continuous clinical practice providing direct patient 
193  care since graduation; and 
194         (12) Has passed an examination covering the laws and rules 
195  of the practice of dentistry in this state as described in s. 
196  466.006(4)(a). 
197         Section 4. Section 466.00775, Florida Statutes, is amended 
198  to read: 
199         466.00775 Rulemaking.—The board shall adopt rules pursuant 
200  to ss. 120.536(1) and 120.54 to administer ss. 466.003(15) 
201  466.003(14), 466.004(1), 466.0067, 466.00671, 466.00672, 
202  466.00673, 466.011, 466.021, and 466.032. 
203         Section 5. Subsections (1), (2), and (3) of section 
204  466.023, Florida Statutes, are amended, and subsection (7) is 
205  added to that section, to read: 
206         466.023 Dental hygienists; scope and area of practice.— 
207         (1) Except as otherwise provided in s. 466.024, only dental 
208  hygienists may be delegated the task of removing calculus 
209  deposits, accretions, and stains from exposed surfaces of the 
210  teeth and from the gingival sulcus and the task of performing 
211  root planing and curettage. In addition, dental hygienists may 
212  expose dental X-ray films, apply topical preventive or 
213  prophylactic agents, and perform all tasks delegable by the 
214  dentist in accordance with s. 466.024. The board by rule shall 
215  determine whether such functions shall be performed under the 
216  direct, indirect, or general supervision of the dentist. 
217         (2) Dental hygienists may perform their duties: 
218         (a) In the private office of a licensed dentist wherein the 
219  board shall determine by rule whether the functions in 
220  subsection (1) must be performed under the direct, indirect, or 
221  general supervision of the dentist; 
222         (b) In public health access settings, programs and 
223  institutions of the Department of Children and Family Services, 
224  Department of Health, and Department of Juvenile Justice under 
225  public health supervision, as defined in s. 466.003. Dental 
226  hygienists in health access settings under public health 
227  supervision may perform the duties delineated in this section, 
228  ss. 466.0235 and 466.024, and any other duties as prescribed by 
229  this chapter the general supervision of a licensed dentist; or 
230         (c) Upon a patient of record of a dentist who has issued a 
231  prescription for the services of a dental hygienist, which 
232  prescription is shall be valid for 2 years unless a shorter 
233  length of time is designated by the dentist, in: 
234         1. Licensed public and private health facilities; 
235         2. Other public institutions of the state and federal 
236  government; 
237         3. Public and private educational institutions; 
238         4. The home of a nonambulatory patient; and 
239         5. Other places in accordance with the rules of the board. 
240 
241  However, the dentist issuing such prescription remains shall 
242  remain responsible for the care of such patient. As used in this 
243  subsection, “patient of record” means a patient upon whom a 
244  dentist has taken a complete medical history, completed a 
245  clinical examination, recorded any pathological conditions, and 
246  prepared a treatment plan. 
247         (3) Dental hygienists may, without supervision, provide 
248  educational programs, faculty or staff training programs, 
249  authorized fluoride rinse programs, and fluoride treatments, 
250  including fluoride varnish applications. Dental hygienists may 
251  also, without supervision, instruct patients in oral hygiene 
252  care and provide other services that which do not involve 
253  diagnosis or treatment of dental conditions and which services 
254  are approved by rule of the board. 
255         (7) The board may adopt rules to administer this section. 
256         Section 6. Section 466.024, Florida Statutes, is amended to 
257  read: 
258         466.024 Delegation of duties; expanded functions.— 
259         (1) A dentist may not delegate irremediable tasks to a 
260  dental hygienist or dental assistant, except as provided by law. 
261  A dentist may delegate remediable tasks to a dental hygienist or 
262  dental assistant when such tasks pose no risk to the patient. A 
263  dentist may only delegate only those remediable tasks that are 
264  so defined by law or rule of the board. The board by rule shall 
265  designate which tasks are remediable and delegable, except that 
266  the following are by law found to be remediable and delegable to 
267  dental hygienists in settings defined in s. 466.023(2)(a) and 
268  (c): 
269         (a) Taking impressions for study casts but not for the 
270  purpose of fabricating any intraoral restorations or orthodontic 
271  appliance. 
272         (b) Placing periodontal dressings. 
273         (c) Removing periodontal or surgical dressings. 
274         (d) Removing sutures. 
275         (e) Placing or removing rubber dams. 
276         (f) Placing or removing matrices. 
277         (g) Placing or removing temporary restorations. 
278         (h) Applying cavity liners, varnishes, or bases. 
279         (i) Polishing amalgam restorations. 
280         (j) Polishing clinical crowns of the teeth for the purpose 
281  of removing stains but not changing the existing contour of the 
282  tooth. 
283         (k) Obtaining bacteriological cytological specimens not 
284  involving cutting of the tissue. 
285 
286  Nothing in This subsection does not shall be construed to limit 
287  delegable tasks to those specified herein. 
288         (2) A dentist may not delegate irremediable tasks to a 
289  dental hygienist except as provided by law. A dentist may 
290  delegate remediable tasks to a dental hygienist when such tasks 
291  pose no risk to the patient. A dentist may delegate only those 
292  remediable tasks that are defined by law or rule of the board. 
293  The following tasks are remediable and delegable in settings 
294  defined in s. 466.023(2)(a) and (c): 
295         (a) All duties listed in s. 466.023(1). 
296         (b) Applying topical fluorides, which includes fluoride 
297  varnish. 
298         (c) Applying dental sealants. 
299 
300  This subsection does not limit delegable tasks to those 
301  specified herein. 
302         (3)(2) Notwithstanding subsection (1) or subsection (2), a 
303  dentist may delegate the tasks of gingival curettage and root 
304  planing to a dental hygienist but not to a dental assistant. 
305         (4)(3) All other remediable tasks shall be performed under 
306  the direct, indirect, or general supervision of a dentist, as 
307  determined by rule of the board, or by dental hygienists under 
308  public health supervision in a health access setting, and after 
309  such formal or on-the-job training by the dental hygienist or 
310  dental assistant as the board by rule may require. The board by 
311  rule may establish a certification process for expanded-duty 
312  dental assistants, establishing such training or experience 
313  criteria or examinations as it deems necessary and specifying 
314  which tasks may be delegable only to such assistants. If the 
315  board does establish such a certification process, the 
316  department shall implement the application process for such 
317  certification and administer any examinations required. 
318         (5)(4) Notwithstanding subsection (1) or subsection (2), a 
319  dentist may not delegate to anyone other than another licensed 
320  dentist: 
321         (a) Any prescription of drugs or medications requiring the 
322  written order or prescription of a licensed dentist or 
323  physician. 
324         (b) Any diagnosis for treatment or treatment planning. 
325         (6)(5) Notwithstanding any other provision of law, a 
326  dentist is primarily responsible for all procedures delegated by 
327  her or him. 
328         (7)(6) A No dental assistant may not shall perform an 
329  intraoral procedure except after such formal or on-the-job 
330  training as the board prescribes by rule shall prescribe. 
331         (8) The board may adopt rules to administer this section. 
332         Section 7. This act shall take effect July 1, 2010. 
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