Bill Text: FL S0604 | 2021 | Regular Session | Introduced
Bill Title: Dental Therapy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2021-04-30 - Died in Health Policy [S0604 Detail]
Download: Florida-2021-S0604-Introduced.html
Florida Senate - 2021 SB 604
By Senator Brandes
24-00348C-21 2021604__
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 conforming a cross-reference; amending s. 466.001,
8 F.S.; revising legislative purpose and intent;
9 amending s. 466.002, F.S.; providing applicability;
10 amending s. 466.003, F.S.; defining the terms “dental
11 therapist” and “dental therapy”; revising the
12 definition of the term “health access setting” to
13 include certain dental therapy programs; amending s.
14 466.004, F.S.; requiring the chair of the Board of
15 Dentistry to appoint a Council on Dental Therapy
16 within a specified timeframe; providing for
17 membership, meetings, and the purpose of the council;
18 providing a process for rulemaking; making technical
19 changes; amending s. 466.006, F.S.; revising the
20 definition of the terms “full-time practice” and
21 “full-time practice of dentistry within the geographic
22 boundaries of this state within 1 year” to include
23 full-time faculty members of certain dental therapy
24 schools; amending s. 466.0075, F.S.; authorizing the
25 board to require any person who applies to take the
26 examination to practice dental therapy in this state
27 to maintain medical malpractice insurance in a certain
28 amount; amending s. 466.009, F.S.; requiring the
29 Department of Health to allow an applicant who fails
30 the dental therapy examination to retake the
31 examination; providing that an applicant who fails a
32 practical or clinical examination to practice dental
33 therapy because of a failing grade on just one part or
34 procedure tested is required to retake and receive a
35 passing score on only the failed part or procedure to
36 be eligible for licensure; requiring an applicant who
37 fails more than one part or procedure tested to retake
38 the entire examination; making technical changes;
39 amending s. 466.011, F.S.; requiring the board to
40 certify certain applicants for licensure as a dental
41 therapist; creating s. 466.0136, F.S.; providing that
42 the board must require each licensed dental therapist
43 to complete a specified number of hours of continuing
44 education; providing requirements for the content of
45 such continuing education; requiring the board to
46 adopt rules and guidelines; authorizing the board to
47 excuse licensees from continuing education
48 requirements in certain circumstances; amending s.
49 466.016, F.S.; requiring a practitioner of dental
50 therapy to post and display her or his license in each
51 office where she or he practices; amending s. 466.017,
52 F.S.; requiring the board to adopt certain rules
53 relating to dental therapists; requiring certain
54 dental therapists to possess a specified
55 certification; authorizing a dental therapist under
56 the general supervision of a dentist to administer
57 local anesthesia and operate an X-ray machine, expose
58 dental X-ray films, and interpret or read such films
59 if specified requirements are met; requiring certain
60 dental therapists to report to the board within a
61 specified timeframe adverse incidents related to or
62 the result of the administration of local anesthesia;
63 requiring a complete written report to be filed with
64 the board within a specified timeframe; providing for
65 discipline; making a technical change; amending s.
66 466.018, F.S.; providing that a dentist of record
67 remains primarily responsible for the dental treatment
68 of a patient regardless of whether the treatment is
69 provided by a dental therapist; requiring the name or
70 initials of a dental therapist who renders treatment
71 to a patient to be placed in the record of the
72 patient; creating s. 466.0225, F.S.; providing
73 application requirements and examination and licensure
74 qualifications for dental therapists; creating s.
75 466.0227, F.S.; providing legislative findings and
76 intent; limiting the practice of dental therapy to
77 specified settings; authorizing a dental therapist to
78 perform specified services, including specified state
79 specific dental therapy services, under the general
80 supervision of a dentist under certain conditions;
81 requiring a collaborative management agreement to be
82 signed by a supervising dentist and a dental therapist
83 and to include certain information; requiring a
84 supervising dentist to determine the number of hours
85 of practice which a dental therapist must complete
86 under direct or indirect supervision before performing
87 certain authorized services under general supervision;
88 authorizing a supervising dentist to restrict or limit
89 a dental therapist’s practice in a collaborative
90 management agreement; authorizing a dental therapist
91 to provide dental therapy services to a patient before
92 the supervising dentist examines or diagnoses the
93 patient under certain conditions; requiring a
94 supervising dentist to be licensed or registered and
95 practicing in this state; specifying that the
96 supervising dentist is responsible for certain
97 services and for providing and arranging certain
98 followup services; amending s. 466.026, F.S.;
99 providing criminal penalties; amending s. 466.028,
100 F.S.; revising grounds for denial of a license or
101 disciplinary action to include the practice of dental
102 therapy; amending s. 921.0022, F.S.; conforming the
103 criminal offense severity chart to changes made by the
104 act; requiring the Department of Health, in
105 consultation with the Board of Dentistry and the
106 Agency for Health Care Administration, to submit
107 certain reports to the Legislature by specified dates;
108 providing requirements for such reports; providing an
109 effective date.
110
111 Be It Enacted by the Legislature of the State of Florida:
112
113 Section 1. Paragraph (c) of subsection (1) and subsection
114 (6) of section 409.906, Florida Statutes, are amended to read:
115 409.906 Optional Medicaid services.—Subject to specific
116 appropriations, the agency may make payments for services which
117 are optional to the state under Title XIX of the Social Security
118 Act and are furnished by Medicaid providers to recipients who
119 are determined to be eligible on the dates on which the services
120 were provided. Any optional service that is provided shall be
121 provided only when medically necessary and in accordance with
122 state and federal law. Optional services rendered by providers
123 in mobile units to Medicaid recipients may be restricted or
124 prohibited by the agency. Nothing in this section shall be
125 construed to prevent or limit the agency from adjusting fees,
126 reimbursement rates, lengths of stay, number of visits, or
127 number of services, or making any other adjustments necessary to
128 comply with the availability of moneys and any limitations or
129 directions provided for in the General Appropriations Act or
130 chapter 216. If necessary to safeguard the state’s systems of
131 providing services to elderly and disabled persons and subject
132 to the notice and review provisions of s. 216.177, the Governor
133 may direct the Agency for Health Care Administration to amend
134 the Medicaid state plan to delete the optional Medicaid service
135 known as “Intermediate Care Facilities for the Developmentally
136 Disabled.” Optional services may include:
137 (1) ADULT DENTAL SERVICES.—
138 (c) However, Medicaid will not provide reimbursement for
139 dental services provided in a mobile dental unit, except for a
140 mobile dental unit:
141 1. Owned by, operated by, or having a contractual agreement
142 with the Department of Health and complying with Medicaid’s
143 county health department clinic services program specifications
144 as a county health department clinic services provider.
145 2. Owned by, operated by, or having a contractual
146 arrangement with a federally qualified health center and
147 complying with Medicaid’s federally qualified health center
148 specifications as a federally qualified health center provider.
149 3. Rendering dental services to Medicaid recipients, 21
150 years of age and older, at nursing facilities.
151 4. Owned by, operated by, or having a contractual agreement
152 with a state-approved dental educational institution.
153 5. Owned by, operated by, or having a contractual agreement
154 with a health access setting, as defined in s. 466.003(16), or a
155 similar setting or program that serves underserved or vulnerable
156 populations that face serious barriers to accessing dental
157 services and which may include, but is not limited to, homeless
158 shelters, schools, Early Head Start programs, and the Special
159 Supplemental Nutrition Program for Women, Infants, and Children.
160 (6) CHILDREN’S DENTAL SERVICES.—The agency may pay for
161 diagnostic, preventive, or corrective procedures, including
162 orthodontia in severe cases, provided to a recipient under age
163 21, by or under the supervision of a licensed dentist. The
164 agency may also reimburse a health access setting as defined in
165 s. 466.003(16) s. 466.003 for the remediable tasks that a
166 licensed dental hygienist is authorized to perform under s.
167 466.024(2). Services provided under this program include
168 treatment of the teeth and associated structures of the oral
169 cavity, as well as treatment of disease, injury, or impairment
170 that may affect the oral or general health of the individual.
171 However, Medicaid will not provide reimbursement for dental
172 services provided in a mobile dental unit, except for a mobile
173 dental unit:
174 (a) Owned by, operated by, or having a contractual
175 agreement with the Department of Health and complying with
176 Medicaid’s county health department clinic services program
177 specifications as a county health department clinic services
178 provider.
179 (b) Owned by, operated by, or having a contractual
180 arrangement with a federally qualified health center and
181 complying with Medicaid’s federally qualified health center
182 specifications as a federally qualified health center provider.
183 (c) Rendering dental services to Medicaid recipients, 21
184 years of age and older, at nursing facilities.
185 (d) Owned by, operated by, or having a contractual
186 agreement with a state-approved dental educational institution.
187 (e) Owned by, operated by, or having a contractual
188 agreement with a health access setting, as defined in s.
189 466.003(16), or a similar setting or program that serves
190 underserved or vulnerable populations that face serious barriers
191 to accessing dental services and which may include, but is not
192 limited to, homeless shelters, schools, Early Head Start
193 programs, and the Special Supplemental Nutrition Program for
194 Women, Infants, and Children.
195 Section 2. Section 466.001, Florida Statutes, is amended to
196 read:
197 466.001 Legislative purpose and intent.—The legislative
198 purpose for enacting this chapter is to ensure that every
199 dentist, dental therapist, and or dental hygienist practicing in
200 this state meets minimum requirements for safe practice without
201 undue clinical interference by persons not licensed under this
202 chapter. It is the legislative intent that dental services be
203 provided only in accordance with the provisions of this chapter
204 and not be delegated to unauthorized individuals. It is the
205 further legislative intent that dentists, dental therapists, and
206 dental hygienists who fall below minimum competency or who
207 otherwise present a danger to the public are shall be prohibited
208 from practicing in this state. All provisions of this chapter
209 relating to the practice of dentistry, dental therapy, and
210 dental hygiene must shall be liberally construed to carry out
211 such purpose and intent.
212 Section 3. Subsections (5) and (6) of section 466.002,
213 Florida Statutes, are amended to read:
214 466.002 Persons exempt from operation of chapter.—Nothing
215 in this chapter shall apply to the following practices, acts,
216 and operations:
217 (5) Students in Florida schools of dentistry, dental
218 therapy, and dental hygiene or dental assistant educational
219 programs, while performing regularly assigned work under the
220 curriculum of such schools.
221 (6) Instructors in Florida schools of dentistry,
222 instructors in dental programs that prepare persons holding
223 D.D.S. or D.M.D. degrees for certification by a specialty board
224 and that are accredited in the United States by January 1, 2005,
225 in the same manner as the board recognizes accreditation for
226 Florida schools of dentistry that are not otherwise affiliated
227 with a Florida school of dentistry, or instructors in Florida
228 schools of dental therapy or dental hygiene or dental assistant
229 educational programs, while performing regularly assigned
230 instructional duties under the curriculum of such schools or
231 programs. A full-time dental instructor at a dental school or
232 dental program approved by the board may be allowed to practice
233 dentistry at the teaching facilities of such school or program,
234 upon receiving a teaching permit issued by the board, in strict
235 compliance with such rules as are adopted by the board
236 pertaining to the teaching permit and with the established rules
237 and procedures of the dental school or program as recognized in
238 this section.
239 Section 4. Present subsections (7) through (15) of section
240 466.003, Florida Statutes, are redesignated as subsections (9)
241 through (17), respectively, new subsections (7) and (8) are
242 added to that section, and present subsections (14) and (15) of
243 that section are amended, to read:
244 466.003 Definitions.—As used in this chapter:
245 (7) “Dental therapist” means a person licensed to practice
246 dental therapy pursuant to s. 466.0225.
247 (8) “Dental therapy” means the rendering of services
248 pursuant to s. 466.0227 and any related extraoral services or
249 procedures required in the performance of such services.
250 (16)(14) “Health access setting” means a program or an
251 institution of the Department of Children and Families, the
252 Department of Health, the Department of Juvenile Justice, a
253 nonprofit community health center, a Head Start center, a
254 federally qualified health center or look-alike as defined by
255 federal law, a school-based prevention program, a clinic
256 operated by an accredited college of dentistry, or an accredited
257 dental therapy or dental hygiene program in this state if such
258 community service program or institution immediately reports to
259 the Board of Dentistry all violations of s. 466.027, s. 466.028,
260 or other practice act or standard of care violations related to
261 the actions or inactions of a dentist, dental therapist, dental
262 hygienist, or dental assistant engaged in the delivery of dental
263 care in such setting.
264 (17)(15) “School-based prevention program” means preventive
265 oral health services offered at a school by one of the entities
266 defined in subsection (16) (14) or by a nonprofit organization
267 that is exempt from federal income taxation under s. 501(a) of
268 the Internal Revenue Code, and described in s. 501(c)(3) of the
269 Internal Revenue Code.
270 Section 5. Subsection (2) of section 466.004, Florida
271 Statutes, is amended to read:
272 466.004 Board of Dentistry.—
273 (2) To advise the board, It is the intent of the
274 Legislature that councils be appointed as specified in this
275 subsection to advise the board paragraphs (a), (b), and (c). The
276 department shall provide administrative support to the councils
277 and shall provide public notice of meetings and agendas agenda
278 of the councils. Councils must shall include at least one board
279 member, who shall chair the council, and shall include nonboard
280 members. All council members shall be appointed by the board
281 chair. Council members shall be appointed for 4-year terms, and
282 all members are shall be eligible for reimbursement of expenses
283 in the manner of board members.
284 (a) A Council on Dental Hygiene shall be appointed by the
285 board chair and shall include one dental hygienist member of the
286 board, who shall chair the council, one dental member of the
287 board, and three dental hygienists who are actively engaged in
288 the practice of dental hygiene in this state. In making the
289 appointments, the chair shall consider recommendations from the
290 Florida Dental Hygienists’ Hygiene Association. The council
291 shall meet at the request of the board chair, a majority of the
292 members of the board, or the council chair; however, the council
293 must meet at least three times a year. The council is charged
294 with the responsibility of and shall recommend proposed meet for
295 the purpose of developing rules and policies for recommendation
296 to the board, which the board shall consider, on matters
297 pertaining to the areas that part of dentistry consisting of
298 educational, preventive, or therapeutic dental hygiene services;
299 dental hygiene licensure, discipline, or regulation; and dental
300 hygiene education. The board shall consider these rules and
301 policies Rule and policy recommendations of the council shall be
302 considered by the board at its next regularly scheduled meeting
303 in the same manner in which it considers rule and policy
304 recommendations from designated subcommittees of the board. Any
305 rule or policy proposed by the board pertaining to these areas
306 must the specified part of dentistry defined by this subsection
307 shall be referred to the council for its a recommendation before
308 final action by the board. The board may take final action on
309 rules pertaining to these areas the specified part of dentistry
310 defined by this subsection without a council recommendation if
311 the council fails to submit a recommendation in a timely
312 fashion, as prescribed by the board.
313 (b) A Council on Dental Assisting shall be appointed by the
314 board chair and shall include one board member, who shall chair
315 the council, and three dental assistants who are actively
316 engaged in dental assisting in this state. The council shall
317 meet at the request of the board chair or a majority of the
318 members of the board. The council shall meet for the purpose of
319 developing recommendations to the board on matters pertaining to
320 that part of dentistry related to dental assisting.
321 (c) Effective 28 months after the first dental therapy
322 license is granted by the board, the board chair shall appoint a
323 Council on Dental Therapy, which must include one board member,
324 who shall chair the council, and three dental therapists who are
325 actively engaged in the practice of dental therapy in this
326 state. The council shall meet at the request of the board chair,
327 a majority of the members of the board, or the council chair;
328 however, the council must meet at least three times per year.
329 The council shall recommend proposed rules and policies to the
330 board on matters pertaining to the areas of educational,
331 preventive, or therapeutic dental therapy services; dental
332 therapy licensure, discipline, or regulation; and dental therapy
333 education. The council’s rule and policy recommendations must be
334 considered by the board at its next regularly scheduled meeting
335 in the same manner in which it considers rule and policy
336 recommendations from designated subcommittees of the board. Any
337 rule or policy proposed by the board pertaining to these areas
338 must be referred to the council for its recommendation before
339 final action by the board. The board may take final action on
340 rules pertaining to these areas without a council recommendation
341 if the council fails to submit a recommendation in a timely
342 fashion, as prescribed by the board.
343 (d)(c) With the concurrence of the State Surgeon General,
344 the board chair may create and abolish other advisory councils
345 relating to dental subjects, including, but not limited to,:
346 examinations, access to dental care, indigent care, nursing home
347 and institutional care, public health, disciplinary guidelines,
348 and other subjects, as appropriate. Such councils must shall be
349 appointed by the board chair and must shall include at least one
350 board member, who shall serve as chair.
351 Section 6. Subsection (4) and paragraph (b) of subsection
352 (6) of section 466.006, Florida Statutes, are amended to read:
353 466.006 Examination of dentists.—
354 (4) Notwithstanding any other provision of law in chapter
355 456 pertaining to the clinical dental licensure examination or
356 national examinations, to be licensed as a dentist in this
357 state, an applicant must successfully complete both of the
358 following:
359 (a) A written examination on the laws and rules of the
360 state regulating the practice of dentistry.
361 (b) A practical or clinical examination, which must be the
362 American Dental Licensing Examination produced by the American
363 Board of Dental Examiners, Inc., or its successor entity, if
364 any, that is administered in this state, provided that the board
365 has attained, and continues to maintain thereafter,
366 representation on the board of directors of the American Board
367 of Dental Examiners, the examination development committee of
368 the American Board of Dental Examiners, and such other
369 committees of the American Board of Dental Examiners as the
370 board deems appropriate by rule to assure that the standards
371 established herein are maintained organizationally. A passing
372 score on the American Dental Licensing Examination administered
373 in this state is valid for 365 days after the date the official
374 examination results are published.
375 1. As an alternative to such practical or clinical
376 examination, an applicant may submit scores from an American
377 Dental Licensing Examination previously administered in a
378 jurisdiction other than this state after October 1, 2011, and
379 such examination results shall be recognized as valid for the
380 purpose of licensure in this state. A passing score on the
381 American Dental Licensing Examination administered out of state
382 shall be the same as the passing score for the American Dental
383 Licensing Examination administered in this state. The
384 examination results are valid for 365 days after the date the
385 official examination results are published. The applicant must
386 have completed the examination after October 1, 2011. This
387 subparagraph may not be given retroactive application.
388 2. If the date of an applicant’s passing American Dental
389 Licensing Examination scores from an examination previously
390 administered in a jurisdiction other than this state under
391 subparagraph 1. is older than 365 days, such scores are
392 nevertheless valid for the purpose of licensure in this state,
393 but only if the applicant demonstrates that all of the following
394 additional standards have been met:
395 a. The applicant completed the American Dental Licensing
396 Examination after October 1, 2011. This sub-subparagraph may not
397 be given retroactive application;
398 b. The applicant graduated from a dental school accredited
399 by the American Dental Association Commission on Dental
400 Accreditation or its successor entity, if any, or any other
401 dental accrediting organization recognized by the United States
402 Department of Education. Provided, however, if the applicant did
403 not graduate from such a dental school, the applicant may submit
404 proof of having successfully completed a full-time supplemental
405 general dentistry program accredited by the American Dental
406 Association Commission on Dental Accreditation of at least 2
407 consecutive academic years at such accredited sponsoring
408 institution. Such program must provide didactic and clinical
409 education at the level of a D.D.S. or D.M.D. program accredited
410 by the American Dental Association Commission on Dental
411 Accreditation. For purposes of this sub-subparagraph, a
412 supplemental general dentistry program does not include an
413 advanced education program in a dental specialty;
414 c. The applicant currently possesses a valid and active
415 dental license in good standing, with no restriction, which has
416 never been revoked, suspended, restricted, or otherwise
417 disciplined, from another state or territory of the United
418 States, the District of Columbia, or the Commonwealth of Puerto
419 Rico;
420 d. The applicant submits proof that he or she has never
421 been reported to the National Practitioner Data Bank, the
422 Healthcare Integrity and Protection Data Bank, or the American
423 Association of Dental Boards Clearinghouse. This sub
424 subparagraph does not apply if the applicant successfully
425 appealed to have his or her name removed from the data banks of
426 these agencies;
427 e.(I)(A) The applicant submits proof of having been
428 consecutively engaged in the full-time practice of dentistry in
429 another state or territory of the United States, the District of
430 Columbia, or the Commonwealth of Puerto Rico in the 5 years
431 immediately preceding the date of application for licensure in
432 this state; or
433 (B) If the applicant has been licensed in another state or
434 territory of the United States, the District of Columbia, or the
435 Commonwealth of Puerto Rico for less than 5 years, the applicant
436 submits proof of having been engaged in the full-time practice
437 of dentistry since the date of his or her initial licensure.
438 (II) As used in this section, “full-time practice” is
439 defined as a minimum of 1,200 hours per year for each and every
440 year in the consecutive 5-year period or, when applicable, the
441 period since initial licensure, and must include any combination
442 of the following:
443 (A) Active clinical practice of dentistry providing direct
444 patient care.
445 (B) Full-time practice as a faculty member employed by a
446 dental, dental therapy, or dental hygiene school approved by the
447 board or accredited by the American Dental Association
448 Commission on Dental Accreditation.
449 (C) Full-time practice as a student at a postgraduate
450 dental education program approved by the board or accredited by
451 the American Dental Association Commission on Dental
452 Accreditation.
453 (III) The board shall develop rules to determine what type
454 of proof of full-time practice is required and to recoup the
455 cost to the board of verifying full-time practice under this
456 section. Such proof must, at a minimum, be:
457 (A) Admissible as evidence in an administrative proceeding;
458 (B) Submitted in writing;
459 (C) Submitted by the applicant under oath with penalties of
460 perjury attached;
461 (D) Further documented by an affidavit of someone unrelated
462 to the applicant who is familiar with the applicant’s practice
463 and testifies with particularity that the applicant has been
464 engaged in full-time practice; and
465 (E) Specifically found by the board to be both credible and
466 admissible.
467 (IV) An affidavit of only the applicant is not acceptable
468 proof of full-time practice unless it is further attested to by
469 someone unrelated to the applicant who has personal knowledge of
470 the applicant’s practice. If the board deems it necessary to
471 assess credibility or accuracy, the board may require the
472 applicant or the applicant’s witnesses to appear before the
473 board and give oral testimony under oath;
474 f. The applicant submits documentation that he or she has
475 completed, or will complete before he or she is licensed in this
476 state, continuing education equivalent to this state’s
477 requirements for the last full reporting biennium;
478 g. The applicant proves that he or she has never been
479 convicted of, or pled nolo contendere to, regardless of
480 adjudication, any felony or misdemeanor related to the practice
481 of a health care profession in any jurisdiction;
482 h. The applicant has successfully passed a written
483 examination on the laws and rules of this state regulating the
484 practice of dentistry and the computer-based diagnostic skills
485 examination; and
486 i. The applicant submits documentation that he or she has
487 successfully completed the applicable examination administered
488 by the Joint Commission on National Dental Examinations or its
489 successor organization.
490 (6)
491 (b)1. As used in this section, “full-time practice of
492 dentistry within the geographic boundaries of this state within
493 1 year” is defined as a minimum of 1,200 hours in the initial
494 year of licensure, which must include any combination of the
495 following:
496 a. Active clinical practice of dentistry providing direct
497 patient care within the geographic boundaries of this state.
498 b. Full-time practice as a faculty member employed by a
499 dental, dental therapy, or dental hygiene school approved by the
500 board or accredited by the American Dental Association
501 Commission on Dental Accreditation and located within the
502 geographic boundaries of this state.
503 c. Full-time practice as a student at a postgraduate dental
504 education program approved by the board or accredited by the
505 American Dental Association Commission on Dental Accreditation
506 and located within the geographic boundaries of this state.
507 2. The board shall develop rules to determine what type of
508 proof of full-time practice of dentistry within the geographic
509 boundaries of this state for 1 year is required in order to
510 maintain active licensure and shall develop rules to recoup the
511 cost to the board of verifying maintenance of such full-time
512 practice under this section. Such proof must, at a minimum:
513 a. Be admissible as evidence in an administrative
514 proceeding;
515 b. Be submitted in writing;
516 c. Be submitted by the applicant under oath with penalties
517 of perjury attached;
518 d. Be further documented by an affidavit of someone
519 unrelated to the applicant who is familiar with the applicant’s
520 practice and testifies with particularity that the applicant has
521 been engaged in full-time practice of dentistry within the
522 geographic boundaries of this state within the last 365 days;
523 and
524 e. Include such additional proof as specifically found by
525 the board to be both credible and admissible.
526 3. An affidavit of only the applicant is not acceptable
527 proof of full-time practice of dentistry within the geographic
528 boundaries of this state within 1 year, unless it is further
529 attested to by someone unrelated to the applicant who has
530 personal knowledge of the applicant’s practice within the last
531 365 days. If the board deems it necessary to assess credibility
532 or accuracy, the board may require the applicant or the
533 applicant’s witnesses to appear before the board and give oral
534 testimony under oath.
535 Section 7. Section 466.0075, Florida Statutes, is amended
536 to read:
537 466.0075 Applicants for examination; medical malpractice
538 insurance.—The board may require any person applying to take the
539 examination to practice dentistry in this state, the examination
540 to practice dental therapy in this state, or the examination to
541 practice dental hygiene in this state to maintain medical
542 malpractice insurance in amounts sufficient to cover any
543 incident of harm to a patient during the clinical examination.
544 Section 8. Section 466.009, Florida Statutes, is amended to
545 read:
546 466.009 Reexamination.—
547 (1) The department shall allow permit any person who fails
548 an examination that which is required under s. 466.006, or s.
549 466.007, or s. 466.0225 to retake the examination. If the
550 examination to be retaken is a practical or clinical
551 examination, the applicant must shall pay a reexamination fee
552 set by rule of the board in an amount not to exceed the original
553 examination fee.
554 (2) If an applicant for a license to practice dentistry
555 fails the practical or clinical examination because of a failing
556 grade on just one part or procedure tested, she or he must shall
557 be required to retake and receive a passing score on only the
558 failed that part or procedure to be eligible for licensure.
559 However, if any such applicant fails more than one part or
560 procedure of any such examination, she or he must shall be
561 required to retake the entire examination.
562 (3) If an applicant for a license to practice dental
563 hygiene fails one portion of the practical or clinical
564 examination because of a failing grade on just one part or
565 procedure tested, such applicant must shall be required to
566 retake and receive a passing score on only the failed part or
567 procedure to be eligible for licensure that portion if she or he
568 reapplies within 12 months. If, however, the applicant fails the
569 prophylaxis, she or he must shall be required to retake the
570 entire examination.
571 (4) If an applicant for a license to practice dental
572 therapy fails the practical or clinical examination because of a
573 failing grade on just one part or procedure tested, she or he
574 must retake and receive a passing score on only the failed part
575 or procedure to be eligible for licensure. However, if such
576 applicant fails more than one part or procedure of any such
577 examination, she or he must retake the entire examination.
578 Section 9. Section 466.011, Florida Statutes, is amended to
579 read:
580 466.011 Licensure.—The board shall certify for licensure by
581 the department any applicant who satisfies the requirements of
582 s. 466.006, s. 466.0067, or s. 466.007, or s. 466.0225. The
583 board may refuse to certify an applicant who has violated any of
584 the provisions of s. 466.026 or s. 466.028.
585 Section 10. Section 466.0136, Florida Statutes, is created
586 to read:
587 466.0136 Continuing education; dental therapists.—In
588 addition to any other requirements specified in this chapter for
589 relicensure of dental therapists, the board shall require each
590 licensed dental therapist to complete at least 24 hours, but not
591 more than 36 hours, biennially of continuing education in dental
592 subjects in programs approved by the board or in equivalent
593 programs of continuing education. Programs of continuing
594 education approved by the board must be programs of learning
595 which, in the opinion of the board, contribute directly to the
596 dental education of the dental therapist. An individual who is
597 licensed as both a dental therapist and a dental hygienist may
598 use continuing education that is approved for both dental
599 therapy and dental hygiene education to satisfy both dental
600 therapy and dental hygiene continuing education requirements.
601 The board shall adopt rules and guidelines to administer and
602 enforce this section. A dental therapist shall retain in her or
603 his records any receipts, vouchers, or certificates necessary to
604 document completion of the required continuing education.
605 Compliance with the continuing education requirements is
606 mandatory for issuance of the renewal certificate. The board may
607 excuse licensees, as a group or as individuals, from all or part
608 of the continuing education requirements if an unusual
609 circumstance, emergency, or hardship prevents compliance with
610 this section.
611 Section 11. Section 466.016, Florida Statutes, is amended
612 to read:
613 466.016 License to be displayed.—Every practitioner of
614 dentistry, dental therapy, or dental hygiene within the meaning
615 of this chapter shall post and keep conspicuously displayed her
616 or his license in the office where wherein she or he practices,
617 in plain sight of the practitioner’s patients. Any dentist,
618 dental therapist, or dental hygienist who practices at more than
619 one location shall be required to display a copy of her or his
620 license in each office where she or he practices.
621 Section 12. Present subsections (7) through (10) and (11)
622 through (15) of section 466.017, Florida Statutes, are
623 redesignated as subsections (8) through (11) and (13) through
624 (17), respectively, new subsections (7) and (12) are added to
625 that section, and paragraphs (d) and (e) of subsection (3),
626 subsection (4), and present subsections (7), (8), (12), and (14)
627 of that section are amended, to read:
628 466.017 Prescription of drugs; anesthesia.—
629 (3) The board shall adopt rules which:
630 (d) Establish further requirements relating to the use of
631 general anesthesia or sedation, including, but not limited to,
632 office equipment and the training of dental assistants, dental
633 therapists, or dental hygienists who work with dentists using
634 general anesthesia or sedation.
635 (e) Establish an administrative mechanism enabling the
636 board to verify compliance with training, education, experience,
637 equipment, or certification requirements of dentists, dental
638 therapists, dental hygienists, and dental assistants adopted
639 pursuant to this subsection. The board may charge a fee to
640 defray the cost of verifying compliance with requirements
641 adopted pursuant to this paragraph.
642 (4) A dentist, dental therapist, or dental hygienist who
643 administers or employs the use of any form of anesthesia must
644 possess a certification in either basic cardiopulmonary
645 resuscitation for health professionals or advanced cardiac life
646 support approved by the American Heart Association or the
647 American Red Cross or an equivalent agency-sponsored course with
648 recertification every 2 years. Each dental office that which
649 uses any form of anesthesia must have immediately available and
650 in good working order such resuscitative equipment, oxygen, and
651 other resuscitative drugs as are specified by rule of the board
652 in order to manage possible adverse reactions.
653 (7) A dental therapist under the general supervision of a
654 dentist may administer local anesthesia, including intraoral
655 block anesthesia or soft tissue infiltration anesthesia, or
656 both, if she or he has completed the course described in
657 paragraph (5)(a) and presents evidence of current certification
658 in basic or advanced cardiac life support.
659 (8)(7) A licensed dentist, or a dental therapist who is
660 authorized by her or his supervising dentist, may operate
661 utilize an X-ray machine, expose dental X-ray films, and
662 interpret or read such films. Notwithstanding The provisions of
663 part IV of chapter 468 to the contrary notwithstanding, a
664 licensed dentist, or a dental therapist who is authorized by her
665 or his supervising dentist, may authorize or direct a dental
666 assistant to operate such equipment and expose such films under
667 her or his direction and supervision, pursuant to rules adopted
668 by the board in accordance with s. 466.024 which ensure that the
669 said assistant is competent by reason of training and experience
670 to operate the X-ray said equipment in a safe and efficient
671 manner. The board may charge a fee not to exceed $35 to defray
672 the cost of verifying compliance with requirements adopted
673 pursuant to this section.
674 (9)(8) Notwithstanding The provisions of s. 465.0276
675 notwithstanding, a dentist need not register with the board or
676 comply with the continuing education requirements of that
677 section if the dentist confines her or his dispensing activity
678 to the dispensing of fluorides and chlorhexidine chlorohexidine
679 rinse solutions,; provided that the dentist complies with and is
680 subject to all laws and rules applicable to pharmacists and
681 pharmacies, including, but not limited to, chapters 465, 499,
682 and 893, and all applicable federal laws and regulations, when
683 dispensing such products.
684 (12) A licensed dental therapist administering local
685 anesthesia must notify the board in writing by registered mail
686 within 48 hours after any adverse incident that was related to
687 or the result of the administration of local anesthesia. A
688 complete written report must be filed with the board within 30
689 days after the mortality or other adverse incident.
690 (14)(12) A failure by the dentist, dental therapist, or
691 dental hygienist to timely and completely comply with all the
692 reporting requirements in this section is the basis for
693 disciplinary action by the board pursuant to s. 466.028(1).
694 (16)(14) As used in subsections (10)-(15) (9)-(13), the
695 term “adverse incident” means any mortality that occurs during
696 or as the result of a dental procedure, or an incident that
697 results in a temporary or permanent physical or mental injury
698 that requires hospitalization or emergency room treatment of a
699 dental patient which occurs during or as a direct result of the
700 use of general anesthesia, deep sedation, moderate sedation,
701 pediatric moderate sedation, oral sedation, minimal sedation
702 (anxiolysis), nitrous oxide, or local anesthesia.
703 Section 13. Subsection (1) of section 466.018, Florida
704 Statutes, is amended to read:
705 466.018 Dentist of record; patient records.—
706 (1) Each patient shall have a dentist of record. The
707 dentist of record shall remain primarily responsible for all
708 dental treatment on such patient regardless of whether the
709 treatment is rendered by the dentist or by another dentist,
710 dental therapist, dental hygienist, or dental assistant
711 rendering such treatment in conjunction with, at the direction
712 or request of, or under the supervision of such dentist of
713 record. The dentist of record shall be identified in the record
714 of the patient. If treatment is rendered by a dentist other than
715 the dentist of record or by a dental therapist, dental
716 hygienist, or dental assistant, the name or initials of such
717 person must shall be placed in the record of the patient. In any
718 disciplinary proceeding brought pursuant to this chapter or
719 chapter 456, it is shall be presumed as a matter of law that
720 treatment was rendered by the dentist of record unless otherwise
721 noted on the patient record pursuant to this section. The
722 dentist of record and any other treating dentist are subject to
723 discipline pursuant to this chapter or chapter 456 for treatment
724 rendered to the patient and performed in violation of such
725 chapter. One of the purposes of this section is to ensure that
726 the responsibility for each patient is assigned to one dentist
727 in a multidentist practice of any nature and to assign primary
728 responsibility to the dentist for treatment rendered by a dental
729 therapist, dental hygienist, or dental assistant under her or
730 his supervision. This section shall not be construed to assign
731 any responsibility to a dentist of record for treatment rendered
732 pursuant to a proper referral to another dentist who does not in
733 practice with the dentist of record or to prohibit a patient
734 from voluntarily selecting a new dentist without permission of
735 the dentist of record.
736 Section 14. Section 466.0225, Florida Statutes, is created
737 to read:
738 466.0225 Examination of dental therapists; licensing.—
739 (1) Any person desiring to be licensed as a dental
740 therapist shall apply to the department to take the licensure
741 examinations and shall verify the information required on the
742 application by oath. The application must be accompanied by two
743 recent photographs of the applicant.
744 (2) An applicant is entitled to take the examinations
745 required under this section and receive licensure to practice
746 dental therapy in this state if the applicant:
747 (a) Is 18 years of age or older;
748 (b) Is a graduate of a dental therapy college or school
749 accredited by the American Dental Association Commission on
750 Dental Accreditation or its successor entity, if any, or any
751 other dental therapy accrediting entity recognized by the United
752 States Department of Education. For applicants applying for a
753 dental therapy license before January 1, 2025, the board shall
754 approve the applicant’s dental therapy education program if the
755 program was administered by a college or school that operates an
756 accredited dental or dental hygiene education program and the
757 college or school certifies to the board that the applicant’s
758 education substantially conformed to the education standards
759 established by the American Dental Association Commission on
760 Dental Accreditation;
761 (c) Has successfully completed a dental therapy practical
762 or clinical examination produced by the American Board of Dental
763 Examiners, Inc., (ADEX) or its successor entity, if any, if the
764 board finds that the successor entity’s examination meets or
765 exceeds the provisions of this section. If an applicant fails to
766 pass such an examination after three attempts, the applicant is
767 not eligible to retake the examination unless the applicant
768 completes additional education requirements as specified by the
769 board. If a dental therapy examination has not been established
770 by the ADEX, the board shall administer or approve an
771 alternative examination;
772 (d) Has not been disciplined by a board, except for
773 citation offenses or minor violations;
774 (e) Has not been convicted of or pled nolo contendere to,
775 regardless of adjudication, any felony or misdemeanor related to
776 the practice of a health care profession; and
777 (f) Has successfully completed a written examination on the
778 laws and rules of this state regulating the practice of dental
779 therapy.
780 (3) An applicant who meets the requirements of this section
781 and who has successfully completed the examinations identified
782 in paragraph (2)(c) in a jurisdiction other than this state, or
783 who has successfully completed comparable examinations
784 administered or approved by the licensing authority in a
785 jurisdiction other than this state, shall be licensed to
786 practice dental therapy in this state if the board determines
787 that the other jurisdiction’s examinations and scope of practice
788 are substantially similar to those identified in paragraph
789 (2)(c).
790 Section 15. Section 466.0227, Florida Statutes, is created
791 to read:
792 466.0227 Dental therapists; scope and area of practice.—
793 (1) The Legislature finds that authorizing licensed dental
794 therapists to perform the services specified in subsection (3)
795 would improve access to high-quality, affordable oral health
796 services for all residents in this state. The Legislature
797 intends to rapidly improve such access for low-income,
798 uninsured, and underserved patients and communities. To further
799 this intent, a dental therapist licensed under this chapter is
800 limited to practicing dental therapy in the following settings
801 or programs:
802 (a) A health access setting, as defined in s. 466.003(16).
803 (b) A community health center, including an off-site care
804 setting.
805 (c) A nursing facility.
806 (d) A military or veterans’ hospital or clinic, including
807 an off-site care setting.
808 (e) A governmental or public health clinic, including an
809 off-site care setting.
810 (f) A school, a Head Start program, or a school-based
811 prevention program as defined in s. 466.003(17).
812 (g) An oral health education institution, including an off
813 site care setting.
814 (h) A hospital.
815 (i) A correctional facility clinic setting.
816 (j) A geographic area designated as a dental health
817 professional shortage area by the state or the Federal
818 Government.
819 (k) A health facility operated by the Indian Health Service
820 or by a tribal organization.
821 (l) Any other clinic or practice setting if at least 50
822 percent of the patients served by the dental therapist in such
823 clinic or practice setting:
824 1. Are enrolled in Medicaid or another state or local
825 governmental health care program for low-income or uninsured
826 patients; or
827 2. Do not have dental insurance and report a gross annual
828 income that is less than 200 percent of the applicable federal
829 poverty guidelines.
830 (2) Except as otherwise provided in this chapter, a dental
831 therapist may perform the dental therapy services specified in
832 subsection (3) under the general supervision of a dentist to the
833 extent authorized by the supervising dentist and provided within
834 the terms of a written collaborative management agreement signed
835 by the dental therapist and the supervising dentist which meets
836 the requirements of subsection (4).
837 (3) Dental therapy services include all of the following:
838 (a) All services, treatments, and competencies identified
839 by the American Dental Association Commission on Dental
840 Accreditation in its Dental Therapy Education Accreditation
841 Standards.
842 (b) All of the following state-specific services, if the
843 dental therapist’s education included curriculum content
844 satisfying the American Dental Association Commission on Dental
845 Accreditation criteria for state-specific dental therapy
846 services:
847 1. Evaluation of radiographs.
848 2. Placement of space maintainers.
849 3. Pulpotomies on primary teeth.
850 4. Tooth reimplantation and stabilization.
851 5. Recementation of permanent dental crowns.
852 6. Direct pulp capping of primary teeth.
853 7. Fabrication of soft occlusal guards.
854 8. Dispensing and administering nonopioid analgesics,
855 including nitrous oxide, anti-inflammatories, and antibiotics,
856 as authorized by the supervising dentist and within the
857 parameters of the collaborative management agreement.
858 9. Oral evaluation and assessment of dental disease and
859 formulation of an individualized treatment plan if authorized by
860 a supervising dentist and subject to any conditions,
861 limitations, and protocols specified by the supervising dentist
862 in the collaborative management agreement.
863 (c) Any other task deemed appropriate by the board.
864 (4) Before performing any of the services authorized in
865 subsection (3), a dental therapist must enter into a written
866 collaborative management agreement with a supervising dentist.
867 The agreement must be signed by the dental therapist and the
868 supervising dentist and must include all of the following:
869 (a) Any limitation on the practice settings, services, and
870 populations which may be provided. If the agreement is silent as
871 to any such limitation, the full scope of practice is permitted
872 under the agreement.
873 (b) A procedure for creating and maintaining dental records
874 for the patients who are treated by the dental therapist.
875 (c) A plan to manage medical emergencies in each practice
876 setting where the dental therapist provides care.
877 (d) A quality assurance plan for monitoring care provided
878 by the dental therapist, including patient care review, referral
879 followup, and a quality assurance chart review.
880 (e) Protocols for the dental therapist to administer and
881 dispense medications, including the specific conditions and
882 circumstances under which the medications are to be dispensed
883 and administered.
884 (f) Criteria relating to the provision of care by the
885 dental therapist to patients with specific medical conditions or
886 complex medication histories, including requirements for
887 consultation before the initiation of care.
888 (g) Supervision criteria for dental therapists.
889 (h) A plan for the provision of clinical resources and
890 referrals in situations that are beyond the capabilities of the
891 dental therapist.
892 (5) A supervising dentist shall determine the number of
893 hours of practice a dental therapist must complete under direct
894 or indirect supervision of the supervising dentist before the
895 dental therapist may perform any of the services authorized in
896 subsection (3) under general supervision.
897 (6) A supervising dentist may restrict or limit the dental
898 therapist’s practice in a collaborative management agreement to
899 be less than the full scope of practice for dental therapists
900 which is authorized in subsection (3).
901 (7) A dental therapist may provide dental therapy services
902 to a patient before the supervising dentist examines or
903 diagnoses the patient if the applicable authority, conditions,
904 and protocols are established in a written collaborative
905 management agreement and the patient is subsequently referred to
906 a dentist for any needed additional services that exceed the
907 dental therapist’s scope of practice or authorization under the
908 collaborative management agreement.
909 (8) A supervising dentist must be licensed under chapter
910 466 or registered under s. 456.47 and practicing in this state.
911 The supervising dentist is responsible for all services
912 authorized and performed by the dental therapist pursuant to the
913 collaborative management agreement and for providing or
914 arranging followup services to be provided by a dentist for
915 those services that are beyond the dental therapist’s scope of
916 practice and authorization under the collaborative management
917 agreement.
918 Section 16. Section 466.026, Florida Statutes, is amended
919 to read:
920 466.026 Prohibitions; penalties.—
921 (1) Each of the following acts constitutes a felony of the
922 third degree, punishable as provided in s. 775.082, s. 775.083,
923 or s. 775.084:
924 (a) Practicing dentistry, dental therapy, or dental hygiene
925 unless the person has an appropriate, active license issued by
926 the department pursuant to this chapter.
927 (b) Using or attempting to use a license issued pursuant to
928 this chapter which license has been suspended or revoked.
929 (c) Knowingly employing any person to perform duties
930 outside the scope allowed such person under this chapter or the
931 rules of the board.
932 (d) Giving false or forged evidence to the department or
933 board for the purpose of obtaining a license.
934 (e) Selling or offering to sell a diploma conferring a
935 degree from a dental college or a dental therapy or dental
936 hygiene school or college, or a license issued pursuant to this
937 chapter, or procuring such diploma or license with intent that
938 it shall be used as evidence of that which the document stands
939 for, by a person other than the one upon whom it was conferred
940 or to whom it was granted.
941 (2) Each of the following acts constitutes a misdemeanor of
942 the first degree, punishable as provided in s. 775.082 or s.
943 775.083:
944 (a) Using the name or title “dentist,” the initials letters
945 “D.D.S.” or “D.M.D.”, or any other words, letters, title, or
946 descriptive matter which in any way represents a person as being
947 able to diagnose, treat, prescribe, or operate for any disease,
948 pain, deformity, deficiency, injury, or physical condition of
949 the teeth or jaws or oral-maxillofacial region unless the person
950 has an active dentist’s license issued by the department
951 pursuant to this chapter.
952 (b) Using the name or title “dental therapist” or the
953 initials “D.T.” or otherwise holding herself or himself out as
954 an actively licensed dental therapist or implying to any patient
955 or consumer that she or he is an actively licensed dental
956 therapist unless that person has an active dental therapist’s
957 license issued by the department pursuant to this chapter.
958 (c) Using the name or title “dental hygienist” or the
959 initials “R.D.H.” or otherwise holding herself or himself out as
960 an actively licensed dental hygienist or implying to any patient
961 or consumer that she or he is an actively licensed dental
962 hygienist unless that person has an active dental hygienist’s
963 license issued by the department pursuant to this chapter.
964 (d)(c) Presenting as her or his own the license of another.
965 (e)(d) Knowingly concealing information relative to
966 violations of this chapter.
967 (f)(e) Performing any services as a dental assistant as
968 defined herein, except in the office of a licensed dentist,
969 unless authorized by this chapter or by rule of the board.
970 Section 17. Paragraphs (b), (c), (g), (s), and (t) of
971 subsection (1) of section 466.028, Florida Statutes, are amended
972 to read:
973 466.028 Grounds for disciplinary action; action by the
974 board.—
975 (1) The following acts constitute grounds for denial of a
976 license or disciplinary action, as specified in s. 456.072(2):
977 (b) Having a license to practice dentistry, dental therapy,
978 or dental hygiene revoked, suspended, or otherwise acted
979 against, including the denial of licensure, by the licensing
980 authority of another state, territory, or country.
981 (c) Being convicted or found guilty of or entering a plea
982 of nolo contendere to, regardless of adjudication, a crime in
983 any jurisdiction which relates to the practice of dentistry,
984 dental therapy, or dental hygiene. A plea of nolo contendere
985 shall create a rebuttable presumption of guilt to the underlying
986 criminal charges.
987 (g) Aiding, assisting, procuring, or advising any
988 unlicensed person to practice dentistry, dental therapy, or
989 dental hygiene contrary to this chapter or to a rule of the
990 department or the board.
991 (s) Being unable to practice her or his profession with
992 reasonable skill and safety to patients by reason of illness or
993 use of alcohol, drugs, narcotics, chemicals, or any other type
994 of material or as a result of any mental or physical condition.
995 In enforcing this paragraph, the department shall have, upon a
996 finding of the State Surgeon General or her or his designee that
997 probable cause exists to believe that the licensee is unable to
998 practice dentistry, dental therapy, or dental hygiene because of
999 the reasons stated in this paragraph, the authority to issue an
1000 order to compel a licensee to submit to a mental or physical
1001 examination by physicians designated by the department. If the
1002 licensee refuses to comply with such order, the department’s
1003 order directing such examination may be enforced by filing a
1004 petition for enforcement in the circuit court where the licensee
1005 resides or does business. The licensee against whom the petition
1006 is filed shall not be named or identified by initials in any
1007 public court records or documents, and the proceedings shall be
1008 closed to the public. The department shall be entitled to the
1009 summary procedure provided in s. 51.011. A licensee affected
1010 under this paragraph shall at reasonable intervals be afforded
1011 an opportunity to demonstrate that she or he can resume the
1012 competent practice of her or his profession with reasonable
1013 skill and safety to patients.
1014 (t) Fraud, deceit, or misconduct in the practice of
1015 dentistry, dental therapy, or dental hygiene.
1016 Section 18. Paragraph (g) of subsection (3) of section
1017 921.0022, Florida Statutes, is amended to read:
1018 921.0022 Criminal Punishment Code; offense severity ranking
1019 chart.—
1020 (3) OFFENSE SEVERITY RANKING CHART
1021 (g) LEVEL 7
1022
1023 FloridaStatute FelonyDegree Description
1024 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
1025 316.193(3)(c)2. 3rd DUI resulting in serious bodily injury.
1026 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
1027 327.35(3)(c)2. 3rd Vessel BUI resulting in serious bodily injury.
1028 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
1029 409.920(2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
1030 409.920(2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1031 456.065(2) 3rd Practicing a health care profession without a license.
1032 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1033 458.327(1) 3rd Practicing medicine without a license.
1034 459.013(1) 3rd Practicing osteopathic medicine without a license.
1035 460.411(1) 3rd Practicing chiropractic medicine without a license.
1036 461.012(1) 3rd Practicing podiatric medicine without a license.
1037 462.17 3rd Practicing naturopathy without a license.
1038 463.015(1) 3rd Practicing optometry without a license.
1039 464.016(1) 3rd Practicing nursing without a license.
1040 465.015(2) 3rd Practicing pharmacy without a license.
1041 466.026(1) 3rd Practicing dentistry, dental therapy, or dental hygiene without a license.
1042 467.201 3rd Practicing midwifery without a license.
1043 468.366 3rd Delivering respiratory care services without a license.
1044 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1045 483.901(7) 3rd Practicing medical physics without a license.
1046 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1047 484.053 3rd Dispensing hearing aids without a license.
1048 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1049 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1050 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1051 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1052 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1053 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1054 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1055 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1056 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1057 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1058 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1059 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1060 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1061 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1062 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1063 784.048(7) 3rd Aggravated stalking; violation of court order.
1064 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1065 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1066 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1067 784.081(1) 1st Aggravated battery on specified official or employee.
1068 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1069 784.083(1) 1st Aggravated battery on code inspector.
1070 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1071 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
1072 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1073 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1074 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1075 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1076 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1077 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1078 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1079 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1080 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1081 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1082 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1083 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
1084 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
1085 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1086 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1087 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1088 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1089 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1090 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1091 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1092 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1093 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1094 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1095 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1096 812.131(2)(a) 2nd Robbery by sudden snatching.
1097 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1098 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1099 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1100 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1101 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1102 817.2341(2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1103 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1104 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1105 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1106 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
1107 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1108 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1109 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1110 838.015 2nd Bribery.
1111 838.016 2nd Unlawful compensation or reward for official behavior.
1112 838.021(3)(a) 2nd Unlawful harm to a public servant.
1113 838.22 2nd Bid tampering.
1114 843.0855(2) 3rd Impersonation of a public officer or employee.
1115 843.0855(3) 3rd Unlawful simulation of legal process.
1116 843.0855(4) 3rd Intimidation of a public officer or employee.
1117 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1118 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1119 872.06 2nd Abuse of a dead human body.
1120 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1121 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1122 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1123 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
1124 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1125 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1126 893.135(1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1127 893.135(1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1128 893.135(1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1129 893.135(1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
1130 893.135(1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1131 893.135(1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1132 893.135(1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1133 893.135(1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1134 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1135 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1136 893.135(1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1137 893.135(1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1138 893.135(1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1139 893.135(1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1140 893.135(1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1141 893.135(1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1142 893.135(1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1143 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1144 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1145 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1146 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1147 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1148 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1149 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1150 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1151 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1152 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1153 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1154 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1155 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1156 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1157 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1158
1159 Section 19. The Department of Health, in consultation with
1160 the Board of Dentistry and the Agency for Health Care
1161 Administration, shall submit a progress report to the President
1162 of the Senate and the Speaker of the House of Representatives by
1163 July 1, 2024, and shall submit a final report 3 years after the
1164 first dental therapy license is issued. The reports must include
1165 all of the following components:
1166 (1) The progress that has been made in this state to
1167 implement training programs, licensing, and Medicaid
1168 reimbursement for dental therapists.
1169 (2) Data demonstrating the effects of authorizing the
1170 practice of dental therapy in this state on:
1171 (a) Patient access to dental services;
1172 (b) The use of primary and preventive dental services in
1173 underserved regions and populations, including the Medicaid
1174 population;
1175 (c) Costs to dental providers, patients, dental insurance
1176 carriers, and the state; and
1177 (d) The quality and safety of dental services.
1178 (3) Specific recommendations for any necessary legislative,
1179 administrative, or regulatory reforms relating to the practice
1180 of dental therapy.
1181 (4) Any other information the department deems appropriate.
1182 Section 20. This act shall take effect July 1, 2021.
